Prisoners of war may only be transferred by the Detaining
Power to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and
ability of such transferee Power to apply the Convention. When
prisoners of war are transferred under such circumstances,
responsibility for the application of the Convention rests on the
Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions
of the Convention in any important respect, the Power by whom the
prisoners of war were transferred shall, upon being notified by
the Protecting Power, take effective measures to correct the
situation or shall request the return of the prisoners of war.
Such requests must be complied with.
Prisoners of war are in the hands of the enemy Power,
but not of the individuals or military units who have captured
them. Irrespective of the individual responsibilities that may
exist, the Detaining Power is responsible for the treatment given
them.
Art 13. Prisoners of war must at all times be humanely
treated. Any unlawful act or omission by the Detaining Power
causing death or seriously endangering the health of a prisoner
of war in its custody is prohibited, and will be regarded as a
serious breach of the present Convention. In particular, no
prisoner of war may be subjected to physical mutilation or to
medical or scientific experiments of any kind which are not
justified by the medical, dental or hospital treatment of the
prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected,
particularly against acts of violence or intimidation and against
insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Art 14. Prisoners of war are entitled in all circumstances to
respect for their persons and their honour.
Women shall be treated with all the regard due to their sex
and shall in all cases benefit by treatment as favourable as that
granted to men.
Prisoners of war shall retain the full civil capacity which
they enjoyed at the time of their capture. The Detaining Power
may not restrict the exercise, either within or without its own
territory, of the rights such capacity confers except in so far
as the captivity requires.
Art 15. The Power detaining prisoners of war shall be bound to
provide free of charge for their maintenance and for the medical
attention required by their state of health.
Art 16. Taking into consideration the provisions of the
present Convention relating to rank and sex, and subject to any
privileged treatment which may be accorded to them by reason of
their state of health, age or professional qualifications, all
prisoners of war shall be treated alike by the Detaining Power,
without any adverse distinction based on race, nationality,
religious belief or political opinions, or any other distinction
founded on similar criteria.
