Section 1. Beginning of
Captivity
Art 17. Every prisoner of war, when questioned on the subject,
is bound to give only his surname, first names and rank, date of
birth, and army, regimental, personal or serial number, or
failing this, equivalent information.
If he wilfully infringes this rule, he may render himself
liable to a restriction of the privileges accorded to his rank or
status.
Each Party to a conflict is required to furnish the persons
under its jurisdiction who are liable to become prisoners of war,
with an identity card showing the owner's surname, first names,
rank, army, regimental, personal or serial number or equivalent
information, and date of birth. The identity card may,
furthermore, bear the signature or the fingerprints, or both, of
the owner, and may bear, as well, any other information the Party
to the conflict may wish to add concerning persons belonging to
its armed forces. As far as possible the card shall measure 6.5 x
10 cm. and shall be issued in duplicate. The identity card shall
be shown by the prisoner of war upon demand, but may in no case
be taken away from him.
No physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them
information of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to unpleasant
or disadvantageous treatment of any kind. Prisoners of war who,
owing to their physical or mental condition, are unable to state
their identity, shall be handed over to the medical service. The
identity of such prisoners shall be established by all possible
means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a
language which they understand.
Art 18. All effects and articles of personal use, except arms,
horses, military equipment and military documents, shall remain
in the possession of prisoners of war, likewise their metal
helmets and gas masks and like articles issued for personal
protection. Effects and articles used for their clothing or
feeding shall likewise remain in their possession, even if such
effects and articles belong to their regulation military
equipment.
At no time should prisoners of war be without identity
documents. The Detaining Power shall supply such documents to
prisoners of war who possess none.
Badges of rank and nationality, decorations and articles
having above all a personal or sentimental value may not be taken
from prisoners of war.
Sums of money carried by prisoners of war may not be taken
away from them except by order of an officer, and after the
amount and particulars of the owner have been recorded in a
special register and an itemized receipt has been given, legibly
inscribed with the name, rank and unit of the person issuing the
said receipt. Sums in the currency of the Detaining Power, or
which are changed into such currency at the prisoner's request,
shall be placed to the credit of the prisoner's account as
provided in Article 64.
The Detaining Power may withdraw articles of value from
prisoners of war only for reasons of security; when such articles
are withdrawn, the procedure laid down for sums of money
impounded shall apply.
Such objects, likewise sums taken away in any currency other
than that of the Detaining Power and the conversion of which has
not been asked for by the owners, shall be kept in the custody of
the Detaining Power and shall be returned in their initial shape
to prisoners of war at the end of their captivity.
Art 19. Prisoners of war shall be evacuated, as soon as
possible after their capture, to camps situated in an area far
enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness,
would run greater risks by being evacuated than by remaining
where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger
while awaiting evacuation from a fighting zone.
Art 20. The evacuation of prisoners of war shall always be
effected humanely and in conditions similar to those for the
forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are
being evacuated with sufficient food and potable water, and with
the necessary clothing and medical attention. The Detaining Power
shall take all suitable precautions to ensure their safety during
evacuation, and shall establish as soon as possible a list of the
prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through
transit camps, their stay in such camps shall be as brief as
possible.
Section II. Internment of Prisoners of
War
Chapter I. General Observations
Art 21. The Detaining Power may subject prisoners of war to
internment. It may impose on them the obligation of not leaving,
beyond certain limits, the camp where they are interned, or if
the said camp is fenced in, of not going outside its perimeter.
Subject to the provisions of the present Convention relative to
penal and disciplinary sanctions, prisoners of war may not be
held in close confinement except where necessary to safeguard
their health and then only during the continuation of the
circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole
or promise, in so far as is allowed by the laws of the Power on
which they depend. Such measures shall be taken particularly in
cases where this may contribute to the improvement of their state
of health. No prisoner of war shall be compelled to accept
liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict
shall notify the adverse Party of the laws and regulations
allowing or forbidding its own nationals to accept liberty on
parole or promise. Prisoners of war who are paroled or who have
given their promise in conformity with the laws and regulations
so notified, are bound on their personal honour scrupulously to
fulfil, both towards the Power on which they depend and towards
the Power which has captured them, the engagements of their
paroles or promises. In such cases, the Power on which they
depend is bound neither to require nor to accept from them any
service incompatible with the parole or promise given.
Art 22. Prisoners of war may be interned only in premises
located on land and affording every guarantee of hygiene and
healthfulness. Except in particular cases which are justified by
the interest of the prisoners themselves, they shall not be
interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the
climate is injurious for them, shall be removed as soon as
possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps
or camp compounds according to their nationality, language and
customs, provided that such prisoners shall not be separated from
prisoners of war belonging to the armed forces with which they
were serving at the time of their capture, except with their
consent.
Art 23. No prisoner of war may at any time be sent to, or
detained in areas where he may be exposed to the fire of the
combat zone, nor may his presence be used to render certain
points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment
and other hazards of war, to the same extent as the local
civilian population. With the exception of those engaged in the
protection of their quarters against the aforesaid hazards, they
may enter such shelters as soon as possible after the giving of
the alarm. Any other protective measure taken in favour of the
population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the
intermediary of the Protecting Powers, all useful information
regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps
shall be indicated in the day-time by the letters PW or PG,
placed so as to be clearly visible from the air. The Powers
concerned may, however, agree upon any other system of marking.
Only prisoner of war camps shall be marked as such.
Art 24. Transit or screening camps of a permanent kind shall
be fitted out under conditions similar to those described in the
present Section, and the prisoners therein shall have the same
treatment as in other camps.
Chapter II. Quarters, Food and Clothing of
Prisoners of War
Art 25. Prisoners of war shall be quartered under conditions
as favourable as those for the forces of the Detaining Power who
are billeted in the same area. The said conditions shall make
allowance for the habits and customs of the prisoners and shall
in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the
dormitories of prisoners of war as regards both total surface and
minimum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war
individually or collectively, shall be entirely protected from
dampness and adequately heated and lighted, in particular between
dusk and lights out. All precautions must be taken against the
danger of fire.
In any camps in which women prisoners of war, as well as men,
are accommodated, separate dormitories shall be provided for
them.
Art 26. The basic daily food rations shall be sufficient in
quantity, quality and variety to keep prisoners of war in good
health and to prevent loss of weight or the development of
nutritional deficiencies. Account shall also be taken of the
habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work
with such additional rations as are necessary for the labour on
which they are employed.
Sufficient drinking water shall be supplied to prisoners of
war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with
the preparation of their meals; they may be employed for that
purpose in the kitchens. Furthermore, they shall be given the
means of preparing, themselves, the additional food in their
possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are
prohibited.
Art 27. Clothing, underwear and footwear shall be supplied to
prisoners of war in sufficient quantities by the Detaining Power,
which shall make allowance for the climate of the region where
the prisoners are detained. Uniforms of enemy armed forces
captured by the Detaining Power should, if suitable for the
climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall
be assured by the Detaining Power. In addition, prisoners of war
who work shall receive appropriate clothing, wherever the nature
of the work demands.
Art 28. Canteens shall be installed in all camps, where
prisoners of war may procure foodstuffs, soap and tobacco and
ordinary articles in daily use. The tariff shall never be in
excess of local market prices.
The profits made by camp canteens shall be used for the
benefit of the prisoners; a special fund shall be created for
this purpose. The prisoners' representative shall have the right
to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special
fund shall be handed to an international welfare organization, to
be employed for the benefit of prisoners of war of the same
nationality as those who have contributed to the fund. In case of
a general repatriation, such profits shall be kept by the
Detaining Power, subject to any agreement to the contrary between
the Powers concerned.
Chapter III. Hygene and Medical Attention
Art 29. The Detaining Power shall be bound to take all
sanitary measures necessary to ensure the cleanliness and
healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night,
conveniences which conform to the rules of hygiene and are
maintained in a constant state of cleanliness. In any camps in
which women prisoners of war are accommodated, separate
conveniences shall be provided for them.
Also, apart from the baths and showers with which the camps
shall be furnished prisoners of war shall be provided with
sufficient water and soap for their personal toilet and for
washing their personal laundry; the necessary installations,
facilities and time shall be granted them for that purpose.
Art 30. Every camp shall have an adequate infirmary where
prisoners of war may have the attention they require, as well as
appropriate diet. Isolation wards shall, if necessary, be set
aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose
condition necessitates special treatment, a surgical operation or
hospital care, must be admitted to any military or civilian
medical unit where such treatment can be given, even if their
repatriation is contemplated in the near future. Special
facilities shall be afforded for the care to be given to the
disabled, in particular to the blind, and for their.
rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of
medical personnel of the Power on which they depend and, if
possible, of their nationality.
Prisoners of war may not be prevented from presenting
themselves to the medical authorities for examination. The
detaining authorities shall, upon request, issue to every
prisoner who has undergone treatment, an official certificate
indicating the nature of his illness or injury, and the duration
and kind of treatment received. A duplicate of this certificate
shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus
necessary for the maintenance of prisoners of war in good health,
particularly dentures and other artificial appliances, and
spectacles, shall be borne by the Detaining Power.
Art 31. Medical inspections of prisoners of war shall be held
at least once a month. They shall include the checking and the
recording of the weight of each prisoner of war.
Their purpose shall be, in particular, to supervise the
general state of health, nutrition and cleanliness of prisoners
and to detect contagious diseases, especially tuberculosis,
malaria and venereal disease. For this purpose the most efficient
methods available shall be employed, e.g. periodic mass miniature
radiography for the early detection of tuberculosis.
Art 32. Prisoners of war who, though not attached to the
medical service of their armed forces, are physicians, surgeons,
dentists, nurses or medical orderlies, may be required by the
Detaining Power to exercise their medical functions in the
interests of prisoners of war dependent on the same Power. In
that case they shall continue to be prisoners of war, but shall
receive the same treatment as corresponding medical personnel
retained by the Detaining Power. They shall be exempted from any
other work under Article 49.
Chapter IV. Medical Personnel and
Chaplains Retained to Assist Prisoners of War
Art 33. Members of the medical personnel and chaplains while
retained by the Detaining Power with a view to assisting
prisoners of war, shall not be considered as prisoners of war.
They shall, however, receive as a minimum the benefits and
protection of the present Convention, and shall also be granted
all facilities necessary to provide for the medical care of, and
religious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual
functions for the benefit of prisoners of war, preferably those
belonging to the armed forces upon which they depend, within the
scope of the military laws and regulations of the Detaining Power
and under the control of its competent services, in accordance
with their professional etiquette. They shall also benefit by the
following facilities in the exercise of their medical or
spiritual functions:
(a) They shall be authorized to visit periodically
prisoners of war situated in working detachments or in
hospitals outside the camp. For this purpose, the Detaining
Power shall place at their disposal the necessary means of
transport.
(b) The senior medical officer in each camp shall be
responsible to the camp military authorities for everything
connected with the activities of retained medical personnel.
For this purpose, Parties to the conflict shall agree at the
outbreak of hostilities on the subject of the corresponding
ranks of the medical personnel, including that of societies
mentioned in Article 26 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949. This senior
medical officer, as well as chaplains, shall have the right
to deal with the competent authorities of the camp on all
questions relating to their duties. Such authorities shall
afford them all necessary facilities for correspondence
relating to these questions.
(c) Although they shall be subject to the internal
discipline of the camp in which they are retained, such
personnel may not be compelled to carry out any work other
than that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree
concerning the possible relief of retained personnel and shall
settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining
Power of its obligations with regard to prisoners of war from the
medical or spiritual point of view.
Chapter V. Religious, Intellectual and
Physical Activities
Art 34. Prisoners of war shall enjoy complete latitude in the
exercise of their religious duties, including attendance at the
service of their faith, on condition that they comply with the
disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services
may be held.
Art 35. Chaplains who fall into the hands of the enemy Power
and who remain or are retained with a view to assisting prisoners
of war, shall be allowed to minister to them and to exercise
freely their ministry amongst prisoners of war of the same
religion, in accordance with their religious conscience. They
shall be allocated among the various camps and labour detachments
containing prisoners of war belonging to the same forces,
speaking the same language or practising the same religion. They
shall enjoy the necessary facilities, including the means of
transport provided for in Article 33, for visiting the prisoners
of war outside their camp. They shall be free to correspond,
subject to censorship, on matters concerning their religious
duties with the ecclesiastical authorities in the country of
detention and with international religious organizations. Letters
and cards which they may send for this purpose shall be in
addition to the quota provided for in Article 71.
Art 36. Prisoners of war who are ministers of religion,
without having officiated as chaplains to their own forces, shall
be at liberty, whatever their denomination, to minister freely to
the members of their community. For this purpose, they shall
receive the same treatment as the chaplains retained by the
Detaining Power. They shall not be obliged to do any other work.
Art 37. When prisoners of war have not the assistance of a
retained chaplain or of a prisoner of war minister of their
faith, a minister belonging to the prisoners' or a similar
denomination, or in his absence a qualified layman, if such a
course is feasible from a confessional point of view, shall be
appointed, at the request of the prisoners concerned, to fill
this office. This appointment, subject to the approval of the
Detaining Power, shall take place with the agreement of the
community of prisoners concerned and, wherever necessary, with
the approval of the local religious authorities of the same
faith. The person thus appointed shall comply with all
regulations established by the Detaining Power in the interests
of discipline and military security.
Art 38. While respecting the individual preferences of every
prisoner, the Detaining Power shall encourage the practice of
intellectual, educational, and recreational pursuits, sports and
games amongst prisoners, and shall take the measures necessary to
ensure the exercise thereof by providing them with adequate
premises and necessary equipment.
Prisoners shall have opportunities for taking physical
exercise, including sports and games, and for being out of doors.
Sufficient open spaces shall be provided for this purpose in all
camps.
Chapter VI. Discipline
Art 39. Every prisoner of war camp shall be put under the
immediate authority of a responsible commissioned officer
belonging to the regular armed forces of the Detaining Power.
Such officer shall have in his possession a copy of the present
Convention; he shall ensure that its provisions are known to the
camp staff and the guard and shall be responsible, under the
direction of his government, for its application.
Prisoners of war, with the exception of officers, must salute
and show to all officers of the Detaining Power the external
marks of respect provided for by the regulations applying in
their own forces.
Officer prisoners of war are bound to salute only officers of
a higher rank of the Detaining Power; they must, however, salute
the camp commander regardless of his rank.
Art 40. The wearing of badges of rank and nationality, as well
as of decorations, shall be permitted.
Art 41. In every camp the text of the present Convention and
its Annexes and the contents of any special agreement provided
for in Article 6, shall be posted, in the prisoners' own
language, in places where all may read them. Copies shall be
supplied, on request, to the prisoners who cannot have access to
the copy which has been posted.
Regulations, orders, notices and publications of every kind
relating to the conduct of prisoners of war shall be issued to
them in a language which they understand. Such regulations,
orders and publications shall be posted in the manner described
above and copies shall be handed to the prisoners'
representative. Every order and command addressed to prisoners of
war individually must likewise be given in a language which they
understand.
Art 42. The use of weapons against prisoners of war,
especially against those who are escaping or attempting to
escape, shall constitute an extreme measure, which shall always
be preceded by warnings appropriate to the circumstances.
Chapter VII. Rank of Prisoners of War
Art 43. Upon the outbreak of hostilities, the Parties to the
conflict shall communicate to one another the titles and ranks of
all the persons mentioned in Article 4 of the present Convention,
in order to ensure equality of treatment between prisoners of
equivalent rank. Titles and ranks which are subsequently created
shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which
have been accorded to prisoners of war and which have been duly
notified by the Power on which these prisoners depend.
Art 44. Officers and prisoners of equivalent status shall be
treated with the regard due to their rank and age.
In order to ensure service in officers' camps, other ranks of
the same armed forces who, as far as possible, speak the same
language, shall be assigned in sufficient numbers, account being
taken of the rank of officers and prisoners of equivalent status.
Such orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be
facilitated in every way.
Art 45. Prisoners of war other than officers and prisoners of
equivalent status shall be treated with the regard due to their
rank and age.
Supervision of the mess by the prisoners themselves shall be
facilitated in every way.
Chapter VIII. Transfer of Prisoners of War
after their Arrival in Camp
Art 46. The Detaining Power, when deciding upon the transfer
of prisoners of war, shall take into account the interests of the
prisoners themselves, more especially so as not to increase the
difficulty of their repatriation.
The transfer of prisoners of war shall always be effected
humanely and in conditions not less favourable than those under
which the forces of the Detaining Power are transferred. Account
shall always be taken of the climatic conditions to which the
prisoners of war are accustomed and the conditions of transfer
shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during
transfer with sufficient food and drinking water to keep them in
good health, likewise with the necessary clothing, shelter and
medical attention. The Detaining Power shall take adequate
precautions especially in case of transport by sea or by air, to
ensure their safety during transfer, and shall draw up a complete
list of all transferred prisoners before their departure.
Art 47. Sick or wounded prisoners of war shall not be
transferred as long as their recovery may be endangered by the
journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of
war in the said camp shall not be transferred unless their
transfer can be carried out in adequate conditions of safety, or
unless they are exposed to greater risks by remaining on the spot
than by being transferred.
Art 48. In the event of transfer, prisoners of war shall be
officially advised of their departure and of their new postal
address. Such notifications shall be given in time for them to
pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal
effects, and the correspondence and parcels which have arrived
for them. The weight of such baggage may be limited, if the
conditions of transfer so require, to what each prisoner can
reasonably carry, which shall in no case be more than twenty-five
kilograms per head.
Mail and parcels addressed to their former camp shall be
forwarded to them without delay. The camp commander shall take,
in agreement with the prisoners' representative, any measures
needed to ensure the transport of the prisoners' community
property and of the luggage they are unable to take with them in
consequence of restrictions imposed by virtue of the second
paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.
Section III. Labour of Prisoners of
War
Art 49. The Detaining Power may utilize the labour of
prisoners of war who are physically fit, taking into account
their age, sex, rank and physical aptitude, and with a view
particularly to maintaining them in a good state of physical and
mental health.
Non-commissioned officers who are prisoners of war shall only
be required to do supervisory work. Those not so required may ask
for other suitable work which shall, so far as possible, be found
for them.
If officers or persons of equivalent status ask for suitable
work, it shall be found for them, so far as possible, but they
may in no circumstances be compelled to work.
Art 50. Besides work connected with camp administration,
installation or maintenance, prisoners of war may be compelled to
do only such work as is included in the following classes:
(a) agriculture;
(b) industries connected with the production or the
extraction of raw materials, and manufacturing industries,
with the exception of metallurgical, machinery and chemical
industries; public works and building operations which have
no military character or purpose;
(c) transport and handling of stores which are not military
in character or purpose;
(d) commercial business, and arts and crafts;
(e) domestic service;
(f) public utility services having no military character or
purpose.
Should the above provisions be infringed, prisoners of war
shall be allowed to exercise their right of complaint, in
conformity with Article 78.
Art 51. Prisoners of war must be granted suitable working
conditions, especially as regards accommodation, food, clothing
and equipment; such conditions shall not be inferior to those
enjoyed by nationals of the Detaining Power employed in similar
work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of
war, shall ensure that in areas in which such prisoners are
employed, the national legislation concerning the protection of
labour, and, more particularly, the regulations for the safety of
workers, are duly applied.
Prisoners of war shall receive training and be provided with
the means of protection suitable to the work they will have to do
and similar to those accorded to the nationals of the Detaining
Power. Subject to the provisions of Article 52, prisoners may be
submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous
by disciplinary measures.
Art 52. Unless he be a volunteer, no prisoner of war may be
employed on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be
looked upon as humiliating for a member of the Detaining Power's
own forces.
The removal of mines or similar devices shall be considered as
dangerous labour.
Art 53. The duration of the daily labour of prisoners of war,
including the time of the journey to and fro, shall not be
excessive, and must in no case exceed that permitted for civilian
workers in the district, who are nationals of the Detaining Power
and employed on the same work.
Prisoners of war must be allowed, in the middle of the day's
work, a rest of not less than one hour. This rest will be the
same as that to which workers of the Detaining Power are
entitled, if the latter is of longer duration. They shall be
allowed in addition a rest of twenty-four consecutive hours every
week, preferably on Sunday or the day of rest in their country of
origin. Furthermore, every prisoner who has worked for one year
shall be granted a rest of eight consecutive days, during which
his working pay shall be paid him.
If methods of labour such as piece work are employed, the
length of the working period shall not be rendered excessive
thereby.
Art 54. The working pay due to prisoners of war shall be fixed
in accordance with the provisions of Article 62 of the present
Convention.
Prisoners of war who sustain accidents in connection with
work, or who contract a disease in the course, or in consequence
of their work, shall receive all the care their condition may
require. The Detaining Power shall furthermore deliver to such
prisoners of war a medical certificate enabling them to submit
their claims to the Power on which they depend, and shall send a
duplicate to the Central Prisoners of War Agency provided for in
Article 123.
Art 55. The fitness of prisoners of war for work shall be
periodically verified by medical examinations at least once a
month. The examinations shall have particular regard to the
nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working,
he shall be permitted to appear before the medical authorities of
his camp. Physicians or surgeons may recommend that the prisoners
who are, in their opinion, unfit for work, be exempted therefrom.
Art 56. The organization and administration of labour
detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and
administratively part of a prisoner of war camp. The military
authorities and the commander of the said camp shall be
responsible, under the direction of their government, for the
observance of the provisions of the present Convention in labour
detachments.
The camp commander shall keep an up-to-date record of the
labour detachments dependent on his camp, and shall communicate
it to the delegates of the Protecting Power, of the International
Committee of the Red Cross, or of other agencies giving relief to
prisoners of war, who may visit the camp.
Art 56. The treatment of prisoners of war who work for private
persons, even if the latter are responsible for guarding and
protecting them, shall not be inferior to that which is provided
for by the present Convention. The Detaining Power, the military
authorities and the commander of the camp to which such prisoners
belong shall be entirely responsible for the maintenance, care,
treatment, and payment of the working pay of such prisoners of
war.
Such prisoners of war shall have the right to remain in
communication with the prisoners' representatives in the camps on
which they depend.
Section IV. Financial Resources of
Prisoners of War
Art 58. Upon the outbreak of hostilities, and pending an
arrangement on this matter with the Protecting Power, the
Detaining Power may determine the maximum amount of money in cash
or in any similar form, that prisoners may have in their
possession. Any amount in excess, which was properly in their
possession and which has been taken or withheld from them, shall
be placed to their account, together with any monies deposited by
them, and shall not be converted into any other currency without
their consent.
If prisoners of war are permitted to purchase services or
commodities outside the camp against payment in cash, such
payments shall be made by the prisoner himself or by the camp
administration who will charge them to the accounts of the
prisoners concerned. The Detaining Power will establish the
necessary rules in this respect.
Art 59. Cash which was taken from prisoners of war, in
accordance with Article 18, at the time of their capture, and
which is in the currency of the Detaining Power, shall be placed
to their separate accounts, in accordance with the provisions of
Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to
the conversion of sums in other currencies that are taken from
the prisoners of war at the same time, shall also be credited to
their separate accounts.
Art 60. The Detaining Power shall grant all prisoners of war a
monthly advance of pay, the amount of which shall be fixed by
conversion, into the currency of the said Power, of the following
amounts:
Category I : Prisoners ranking below sergeants: eight
Swiss francs.
Category II : Sergeants and other non-commissioned
officers, or prisoners of equivalent rank: twelve Swiss
francs.
Category III: Warrant officers and commissioned officers
below the rank of major or prisoners of equivalent rank:
fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels or
prisoners of equivalent rank: sixty Swiss francs.
Category V : General officers or prisoners of war of
equivalent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special
agreement modify the amount of advances of pay due to prisoners
of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph
above would be unduly high compared with the pay of the Detaining
Power's armed forces or would, for any reason, seriously
embarrass the Detaining Power, then, pending the conclusion of a
special agreement with the Power on which the prisoners depend to
vary the amounts indicated above, the Detaining Power:
(a) shall continue to credit the accounts of the prisoners
with the amounts indicated in the first paragraph above;
(b) may temporarily limit the amount made available from
these advances of pay to prisoners of war for their own use,
to sums which are reasonable, but which, for Category I,
shall never be inferior to the amount that the Detaining
Power gives to the members of its own armed forces.
The reasons for any limitations will be given without
delay to the Protecting Power.
Art 61. The Detaining Power shall accept for distribution as
supplementary pay to prisoners of war sums which the Power on
which the prisoners depend may forward to them, on condition that
the sums to be paid shall be the same for each prisoner of the
same category, shall be payable to all prisoners of that category
depending on that Power, and shall be placed in their separate
accounts, at the earliest opportunity, in accordance with the
provisions of Article 64. Such supplementary pay shall not
relieve the Detaining Power of any obligation under this
Convention.
Art 62. Prisoners of war shall be paid a fair working rate of
pay by the detaining authorities direct. The rate shall be fixed
by the said authorities, but shall at no time be less than
one-fourth of one Swiss franc for a full working day. The
Detaining Power shall inform prisoners of war, as well as the
Power on which they depend, through the intermediary of the
Protecting Power, of the rate of daily working pay that it has
fixed.
Working pay shall likewise be paid by the detaining
authorities to prisoners of war permanently detailed to duties or
to a skilled or semi-skilled occupation in connection with the
administration, installation or maintenance of camps, and to the
prisoners who are required to carry out spiritual or medical
duties on behalf of their comrades.
The working pay of the prisoners' representative, of his
advisers, if any, and of his assistants, shall be paid out of the
fund maintained by canteen profits. The scale of this working pay
shall be fixed by the prisoners' representative and approved by
the camp commander. If there is no such fund, the detaining
authorities shall pay these prisoners a fair working rate of pay.
Atr 63. Prisoners of war shall be permitted to receive
remittances of money addressed to them individually or
collectively.
Every prisoner of war shall have at his disposal the credit
balance of his account as provided for in the following Article,
within the limits fixed by the Detaining Power, which shall make
such payments as are requested. Subject to financial or monetary
restrictions which the Detaining Power regards as essential,
prisoners of war may also have payments made abroad. In this case
payments addressed by prisoners of war to dependents shall be
given priority.
In any event, and subject to the consent of the Power on which
they depend, prisoners may have payments made in their own
country, as follows: the Detaining Power shall send to the
aforesaid Power through the Protecting Power, a notification
giving all the necessary particulars concerning the prisoners of
war, the beneficiaries of the payments, and the amount of the
sums to be paid, expressed in the Detaining Power's currency. The
said notification shall be signed by the prisoners and
countersigned by the camp commander. The Detaining Power shall
debit the prisoners' account by a corresponding amount; the sums
thus debited shall be placed by it to the credit of the Power on
which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may
usefully consult the Model Regulations in Annex V of the present
Convention.
Art. 64 The Detaining Power shall hold an account for each
prisoner of war,showing at least the following:
(1) The amounts due to the prisoner or received by him as
advances of pay, as working pay or derived from any other
source; the sums in the currency of the Detaining Power which
were taken from him; the sums taken from him and converted at
his request into the currency of the said Power.
(2) The payments made to the prisoner in cash, or in any
other similar form; the payments made on his behalf and at
his request; the sums transferred under Article 63, third
paragraph.
Art 65. Every item entered in the account of a prisoner of war
shall be countersigned or initialled by him, or by the prisoners'
representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts,
which may likewise be inspected by the representatives of the
Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to
another, their personal accounts will follow them. In case of
transfer from one Detaining Power to another, the monies which
are their property and are not in the currency of the Detaining
Power will follow them. They shall be given certificates for any
other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to
each other at specific intervals through the Protecting Power,
the amount of the accounts of the prisoners of war.
Art 66. On the termination of captivity, through the release
of a prisoner of war or his repatriation, the Detaining Power
shall give him a statement, signed by an authorized officer of
that Power, showing the credit balance then due to him. The
Detaining Power shall also send through the Protecting Power to
the government upon which the prisoner of war depends, lists
giving all appropriate particulars of all prisoners of war whose
captivity has been terminated by repatriation, release, escape,
death or any other means, and showing the amount of their credit
balances. Such lists shall be certified on each sheet by an
authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by
mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be
responsible for settling with him any credit balance due to him
from the Detaining Power on the termination of his captivity.
Art 67. Advances of pay, issued to prisoners of war in
conformity with Article 60, shall be considered as made on behalf
of the Power on which they depend. Such advances of pay, as well
as all payments made by the said Power under Article 63, third
paragraph, and Article 68, shall form the subject of arrangements
between the Powers concerned, at the close of hostilities.
Art 68. Any claim by a prisoner of war for compensation in
respect of any injury or other disability arising out of work
shall be referred to the Power on which he depends, through the
Protecting Power. In accordance with Article 54, the Detaining
Power will, in all cases, provide the prisoner of war concerned
with a statement showing the nature of the injury or disability,
the circumstances in which it arose and particulars of medical or
hospital treatment given for it. This statement will be signed by
a responsible officer of the Detaining Power and the medical
particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of
personal effects monies or valuables impounded by the Detaining
Power under Article 18 and not forthcoming on his repatriation,
or in respect of loss alleged to be due to the fault of the
Detaining Power or any of its servants, shall likewise be
referred to the Power on which he depends. Nevertheless, any such
personal effects required for use by the prisoners of war whilst
in captivity shall be replaced at the expense of the Detaining
Power. The Detaining Power will, in all cases, provide the
prisoner of war with a statement, signed by a responsible
officer, showing all available information regarding the reasons
why such effects, monies or valuables have not been restored to
him. A copy of this statement will be forwarded to the Power on
which he depends through the Central Prisoners of War Agency
provided for in Article 123.
Section V. Relations of Prisoners of
War With the Exterior
Art 69. Immediately upon prisoners of war falling into its
power, the Detaining Power shall inform them and the Powers on
which they depend, through the Protecting Power, of the measures
taken to carry out the provisions of the present Section. They
shall likewise inform the parties concerned of any subsequent
modifications of such measures.
Art 70. Immediately upon capture, or not more than one week
after arrival at a camp, even if it is a transit camp, likewise
in case of sickness or transfer to hospital or to another camp,
every prisoner of war shall be enabled to write direct to his
family, on the one hand, and to the Central Prisoners of War
Agency provided for in Article 123, on the other hand, a card
similar, if possible, to the model annexed to the present
Convention, informing his relatives of his capture, address and
state of health. The said cards shall be forwarded as rapidly as
possible and may not be delayed in any manner.
Art 71. Prisoners of war shall be allowed to send and receive
letters and cards. If the Detaining Power deems it necessary to
limit the number of letters and cards sent by each prisoner of
war, the said number shall not be less than two letters and four
cards monthly, exclusive of the capture cards provided for in
Article 70, and conforming as closely as possible to the models
annexed to the present Convention. Further limitations may be
imposed only if the Protecting Power is satisfied that it would
be in the interests of the prisoners of war concerned to do so
owing to difficulties of translation caused by the Detaining
Power's inability to find sufficient qualified linguists to carry
out the necessary censorship. If limitations must be placed on
the correspondence addressed to prisoners of war, they may be
ordered only by the Power on which the prisoners depend, possibly
at the request of the Detaining Power. Such letters and cards
must be conveyed by the most rapid method at the disposal of the
Detaining Power; they may not be delayed or retained for
disciplinary reasons.
Prisoners of war who have been without news for a long period,
or who are unable to receive news from their next of kin or to
give them news by the ordinary postal route, as well as those who
are at a great distance from their homes, shall be permitted to
send telegrams, the fees being charged against the prisoners of
war's accounts with the Detaining Power or paid in the currency
at their disposal. They shall likewise benefit by this measure in
cases of urgency.
As a general rule, the correspondence of prisoners of war
shall be written in their native language. The Parties to the
conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed
and labelled so as clearly to indicate their contents, and must
be addressed to offices of destination.
Art 72. Prisoners of war shall be allowed to receive by post
or by any other means individual parcels or collective shipments
containing, in particular, foodstuffs, clothing, medical supplies
and articles of a religious, educational or recreational
character which may meet their needs, including books, devotional
articles, scientific equipment, examination papers, musical
instruments, sports outfits and materials allowing prisoners of
war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from
the obligations imposed upon it by virtue of the present
Convention.
The only limits which may be placed on these shipments shall
be those proposed by the Protecting Power in the interest of the
prisoners themselves, or by the International Committee of the
Red Cross or any other organization giving assistance to the
prisoners, in respect of their own shipments only, on account of
exceptional strain on transport or communications.
The conditions for the sending of individual parcels and
collective relief shall, if necessary, be the subject of special
agreements between the Powers concerned, which may in no case
delay the receipt by the prisoners of relief supplies. Books may
not be included in parcels of clothing and foodstuffs. Medical
supplies shall, as a rule, be sent in collective parcels.
Art 73. In the absence of special agreements between the Powers
concerned on the conditions for the receipt and distribution of
collective relief shipments, the rules and regulations concerning
collective shipments, which are annexed to the present
Convention, shall be applied.
The special agreements referred to above shall in no case
restrict the right of prisoners' representatives to take
possession of collective relief shipments intended for prisoners
of war, to proceed to their distribution or to dispose of them in
the interest of the prisoners.
Nor shall such agreements restrict the right of
representatives of the Protecting Power, the International
Committee of the Red Cross or any other organization giving
assistance to prisoners of war and responsible for the forwarding
of collective shipments, to supervise their distribution to the
recipients.
Art 74. All relief shipments for prisoners of war shall be
exempt from import, customs and other dues.
Correspondence, relief shipments and authorized remittances of
money addressed to prisoners of war or despatched by them through
the post office, either direct or through the Information Bureaux
provided for in Article 122 and the Central Prisoners of War
Agency provided for in Article 123, shall be exempt from any
postal dues, both in the countries of origin and destination, and
in intermediate countries.
If relief shipments intended for prisoners of war cannot be
sent through the post office by reason of weight or for any other
cause, the cost of transportation shall be borne by the Detaining
Power in all the territories under its control. The other Powers
party to the Convention shall bear the cost of transport in their
respective territories. In the absence of special agreements
between the Parties concerned, the costs connected with transport
of such shipments, other than costs covered by the above
exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far
as possible, the rates charged for telegrams sent by prisoners of
war, or addressed to them.
Art 75. Should military operations prevent the Powers
concerned from fulfilling their obligation to assure the
transport of the shipments referred to in Articles 70, 71, 72 and
77, the Protecting Powers concerned, the International Committee
of the Red Cross or any other organization duly approved by the
Parties to the conflict may undertake to ensure the conveyance of
such shipments by suitable means (railway wagons, motor vehicles,
vessels or aircraft, etc.). For this purpose, the High
Contracting Parties shall endeavour to supply them with such
transport and to allow its circulation, especially by granting
the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between
the Central Information Agency referred to in Article 123 and
the National Bureaux referred to in Article 122;
(b) correspondence and reports relating to prisoners of
war which the Protecting Powers, the International Committee
of the Red Cross or any other body assisting the prisoners,
exchange either with their own delegates or with the Parties
to the conflict.
These provisions in no way detract from the right of any Party
to the conflict to arrange other means of transport, if it should
so prefer, nor preclude the granting of safe-conducts, under
mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by
the use of such means of transport shall be borne proportionally
by the Parties to the conflict whose nationals are benefited
thereby.
Art 76. The censoring of correspondence addressed to prisoners
of war or despatched by them shall be done as quickly as
possible. Mail shall be censored only by the despatching State
and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war
shall not be carried out under conditions that will expose the
goods contained in them to deterioration; except in the case of
written or printed matter, it shall be done in the presence of
the addressee, or of a fellow-prisoner duly delegated by him. The
delivery to prisoners of individual or collective consignments
shall not be delayed under the pretext of difficulties of
censorship.
Any prohibition of correspondence ordered by Parties to the
conflict, either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.
Art 77. The Detaining Powers shall provide all facilities for
the transmission, through the Protecting Power or the Central
Prisoners of War Agency provided for in Article 123 of
instruments, papers or documents intended for prisoners of war or
despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and
execution of such documents on behalf of prisoners of war; in
particular, they shall allow them to consult a lawyer and shall
take what measures are necessary for the authentication of their
signatures.
Section VI. Relations Between
Prisoners of War and the Authorities
Chapter I. Complaints of Prisoners of War Respecting the
Conditions of Captivity
Art 78 Prisoners of war shall have the right to make known to
the military authorities in whose power they are, their requests
regarding the conditions of captivity to which they are
subjected.
They shall also have the unrestricted right to apply to the
representatives of the Protecting Powers either through their
prisoners' representative or, if they consider it necessary,
direct, in order to draw their attention to any points on which
they may have complaints to make regarding their conditions of
captivity.
These requests and complaints shall not be limited nor
considered to be a part of the correspondence quota referred to
in Article 71. They must be transmitted immediately. Even if they
are recognized to be unfounded, they may not give rise to any
punishment.
Prisoners' representatives may send periodic reports on the
situation in the camps and the needs of the prisoners of war to
the representatives of the Protecting Powers.
Chapter II. Prisoner of War
Representatives
Art 79. IIn all places where there are prisoners of war,
except in those where there are officers, the prisoners shall
freely elect by secret ballot, every six months, and also in case
of vacancies, prisoners' representatives entrusted with
representing them before the military authorities, the Protecting
Powers, the International Committee of the Red Cross and any
other organization which may assist them. These prisoners'
representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in
mixed camps, the senior officer among the prisoners of war shall
be recognized as the camp prisoners' representative. In camps for
officers, he shall be assisted by one or more advisers chosen by
the officers; in mixed camps, his assistants shall be chosen from
among the prisoners of war who are not officers and shall be
elected by them.
Officer prisoners of war of the same nationality shall be
stationed in labour camps for prisoners of war, for the purpose
of carrying out the camp administration duties for which the
prisoners of war are responsible. These officers may be elected
as prisoners' representatives under the first paragraph of this
Article. In such a case the assistants to the prisoners'
representatives shall be chosen from among those prisoners of war
who are not officers.
Every representative elected must be approved by the Detaining
Power before he has the right to commence his duties. Where the
Detaining Power refuses to approve a prisoner of war elected by
his fellow prisoners of war, it must inform the Protecting Power
of the reason for such refusal.
In all cases the prisoners' representative must have the same
nationality, language and customs as the prisoners of war whom he
represents. Thus, prisoners of war distributed in different
sections of a camp, according to their nationality, language or
customs, shall have for each section their own prisoners'
representative, in accordance with the foregoing paragraphs.
Art 80. Prisoners' representatives shall further the physical,
spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst
themselves a system of mutual assistance, this organization will
be within the province of the prisoners' representative, in
addition to the special duties entrusted to him by other
provisions of the present Convention.
Prisoners' representatives shall not be held responsible,
simply by reason of their duties, for any offences committed by
prisoners of war.
Art 81. Prisoners' representatives shall not be required to
perform any other work, if the accomplishment of their duties is
thereby made more difficult.
Prisoners' representatives may appoint from amongst the
prisoners such assistants as they may require. All material
facilities shall be granted them, particularly a certain freedom
of movement necessary for the accomplishment of their duties
(inspection of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit
premises where prisoners of war are detained, and every prisoner
of war shall have the right to consult freely his prisoners'
representative.
All facilities shall likewise be accorded to the prisoners'
representatives for communication by post and telegraph with the
detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medical
Commissions and the bodies which give assistance to prisoners of
war. Prisoners' representatives of labour detachments shall enjoy
the same facilities for communication with the prisoners'
representatives of the principal camp. Such communications shall
not be restricted, nor considered as forming a part of the quota
mentioned in Article 71.
Prisoners' representatives who are transferred shall be
allowed a reasonable time to acquaint their successors with
current affairs.
In case of dismissal, the reasons therefor shall be
communicated to the Protecting Power.
Chapter III. Penal and Disciplinary
Sanctions
I. General Provisions
Art 82. A prisoner of war shall be subject to the laws,
regulations and orders in force in the armed forces of the
Detaining Power; the Detaining Power shall be justified in taking
judicial or disciplinary measures in respect of any offence
committed by a prisoner of war against such laws, regulations or
orders. However, no proceedings or punishments contrary to the
provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall
declare acts committed by a prisoner of war to be punishable,
whereas the same acts would not be punishable if committed by a
member of the forces of the Detaining Power, such acts shall
entail disciplinary punishments only.
Art 83. In deciding whether proceedings in respect of an
offence alleged to have been committed by a prisoner of war shall
be judicial or disciplinary, the Detaining Power shall ensure
that the competent authorities exercise the greatest leniency and
adopt, wherever possible, disciplinary rather than judicial
measures.
Art 84. A prisoner of war shall be tried only by a military
court, unless the existing laws of the Detaining Power expressly
permit the civil courts to try a member of the armed forces of
the Detaining Power in respect of the particular offence alleged
to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried
by a court of any kind which does not offer the essential
guarantees of independence and impartiality as generally
recognized, and, in particular, the procedure of which does not
afford the accused the rights and means of defence provided for
in Article 105.
Art 85. Prisoners of war prosecuted under the laws of the
Detaining Power for acts committed prior to capture shall retain,
even if convicted, the benefits of the present Convention.
Art 86. No prisoner of war may be punished more than once for
the same act or on the same charge.
Art 87. Prisoners of war may not be sentenced by the military
authorities and courts of the Detaining Power to any penalties
except those provided for in respect of members of the armed
forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the
Detaining Power shall take into consideration, to the widest
extent possible, the fact that the accused, not being a national
of the Detaining Power, is not bound to it by any duty of
allegiance, and that he is in its power as the result of
circumstances independent of his own will. The said courts or
authorities shall be at liberty to reduce the penalty provided
for the violation of which the prisoner of war is accused, and
shall therefore not be bound to apply the minimum penalty
prescribed.
Collective punishment for individual acts, corporal
punishment, imprisonment in premises without daylight and, in
general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the
Detaining Power, or prevented from wearing his badges.
Art 88. Officers, non-commissioned officers and men who are
prisoners of war undergoing a disciplinary or judicial
punishment, shall not be subjected to more severe treatment than
that applied in respect of the same punishment to members of the
armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment
more severely, than a woman member of the armed forces of the
Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced
to a punishment more severe, or treated whilst undergoing
punishment more severely, than a male member of the armed forces
of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial
sentences may not be treated differently from other prisoners of
war.
II. Disciplinary Sanctions
Art 88. The disciplinary punishments applicable to prisoners
of war are the following:
(1) A fine which shall not exceed 50 per cent of the
advances of pay and working pay which the prisoner of war
would otherwise receive under the provisions of Articles 60
and 62 during a period of not more than thirty days.
(2) Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
(3) Fatigue duties not exceeding two hours daily.
(4) Confinement.
The punishment referred to under (3) shall not be applied to
officers.
In no case shall disciplinary punishments be inhuman, brutal
or dangerous to the health of prisoners of war.
Art 90. The duration of any single punishment shall in no case
exceed thirty days. Any period of confinement awaiting the
hearing of a disciplinary offence or the award of disciplinary
punishment shall be deducted from an award pronounced against a
prisoner of war.
The maximum of thirty days provided above may not be exceeded,
even if the prisoner of war is answerable for several acts at the
same time when he is awarded punishment, whether such acts are
related or not.
The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary
punishment, a period of at least three days shall elapse between
the execution of any two of the punishments, if the duration of
one of these is ten days or more.
Art 91. The escape of a prisoner of war shall be deemed to
have succeeded when:
(1) he has joined the armed forces of the Power on which
he depends, or those of an allied Power;
(2) he has left the territory under the control of the
Detaining Power, or of an ally of the said Power;
(3) he has joined a ship flying the flag of the Power on
which he depends, or of an allied Power, in the territorial
waters of the Detaining Power, the said ship not being under
the control of the last named Power.
Prisoners of war who have made good their escape in the sense
of this Article and who are recaptured, shall not be liable to
any punishment in respect of their previous escape.
Art 92. A prisoner of war who attempts to escape and is
recaptured before having made good his escape in the sense of
Article 91 shall be liable only to a disciplinary punishment in
respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over
without delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of
war punished as a result of an unsuccessful escape may be
subjected to special surveillance. Such surveillance must not
affect the state of their health, must be undergone in a prisoner
of war camp, and must not entail the suppression of any of the
safeguards granted them by the present Convention.
Art 93. Escape or attempt to escape, even if it is a repeated
offence, shall not be deemed an aggravating circumstance if the
prisoner of war is subjected to trial by judicial proceedings in
respect of an offence committed during his escape or attempt to
escape.
In conformity with the principle stated in Article 83,
offences committed by prisoners of war with the sole intention of
facilitating their escape and which do not entail any violence
against life or limb, such as offences against public property,
theft without intention of self-enrichment, the drawing up or use
of false papers, or the wearing of civilian clothing, shall
occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment
only.
Art 94. If an escaped prisoner of war is recaptured, the Power
on which he depends shall be notified thereof in the manner
defined in Article 122, provided notification of his escape has
been made.
Art 95. A prisoner of war accused of an offence against
discipline shall not be kept in confinement pending the hearing
unless a member of the armed forces of the Detaining Power would
be so kept if he were accused of a similar offence, or if it is
essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offence against discipline shall be reduced to
an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall
apply to prisoners of war who are in confinement awaiting the
disposal of offences against discipline.
Art 96. Acts which constitute offences against discipline
shall be investigated immediately.
Without prejudice to the competence of courts and superior
military authorities, disciplinary punishment may be ordered only
by an officer having disciplinary powers in his capacity as camp
commander, or by a responsible officer who replaces him or to
whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war
or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall
be given precise information regarding the offences of which he
is accused, and given an opportunity of explaining his conduct
and of defending himself. He shall be permitted, in particular,
to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter. The decision shall be
announced to the accused prisoner of war and to the prisoners'
representative.
A record of disciplinary punishments shall be maintained by
the camp commander and shall be open to inspection by
representatives of the Protecting Power.
Art 97. Prisoners of war shall not in any case be transferred
to penitentiary establishments (prisons, penitentiaries, convict
prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article
25. A prisoner of war undergoing punishment shall be enabled to
keep himself in a state of cleanliness, in conformity with
Article 29.
Officers and persons of equivalent status shall not be lodged
in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment
shall be confined in separate quarters from male prisoners of war
and shall be under the immediate supervision of women.
Art 98. A prisoner of war undergoing confinement as a
disciplinary punishment, shall continue to enjoy the benefits
of.the provisions of this Convention except in so far as these
are necessarily rendered inapplicable by the mere fact that he is
confined. In no case may he be deprived of the benefits of the
provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be
deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be
allowed to exercise and to stay in the open air at least two
hours daily.
They shall be allowed, on their request, to be present at the
daily medical inspections. They shall receive the attention which
their state of health requires and, if necessary, shall be
removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send
and receive letters. Parcels and remittances of money however,
may be withheld from them until the completion of the punishment;
they shall meanwhile be entrusted to the prisoners'
representative, who-will hand over to the infirmary the
perishable goods contained in such parcels.
III. Juridicial Proceedings
Art 99. No prisoner of war may be tried or sentenced for an
act which is not forbidden by the law of the Detaining Power or
by international law, in force at the time the said act was
committed.
No moral or physical coercion may be exerted on a prisoner of
war in order to induce him to admit himself guilty of the act of
which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a
qualified advocate or counsel.
Art 100. Prisoners of war and the Protecting Powers shall be
informed as soon as possible of the offences which are punishable
by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the
death penalty without the concurrence of the Power on which the
prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article
87, second paragraph, been particularly called to the fact that
since the accused is not a national of the Detaining Power, he is
not bound to it by any duty of allegiance, and that he is in its
power as the result of circumstances independent of his own will.
Art 101. If the death penalty is pronounced on a prisoner of
war, the sentence shall not be executed before the expiration of
a period of at least six months from the date when the Protecting
Power receives, at an indicated address, the detailed
communication provided for in Article 107.
Art 102. A prisoner of war can be validly sentenced only if
the sentence has been pronounced by the same courts according to
the same procedure as in the case of members of the armed forces
of the Detaining Power, and if, furthermore, the provisions of
the present Chapter have been observed.
Art 103. Judicial investigations relating to a prisoner of war
shall be conducted as rapidly as circumstances permit and so that
his trial shall take place as soon as possible. A prisoner of war
shall not be confined while awaiting trial unless a member of the
armed forces of the Detaining Power would be so confined if he
were accused of a similar offence, or if it is essential to do so
in the interests of national security. In no circumstances shall
this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of imprisonment passed
upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall
apply to a prisoner of war whilst in confinement awaiting trial.
Art 104. In any case in which the Detaining Power has decided
to institute judicial proceedings against a prisoner of war, it
shall notify the Protecting Power as soon as possible and at
least three weeks before the opening of the trial. This period of
three weeks shall run as from the day on which such notification
reaches the Protecting Power at the address previously indicated
by the latter to the Detaining Power.
The said notification shall contain the following information:
(1) Surname and first names of the prisoner of war, his
rank, his army, regimental, personal or serial number, his
date of birth, and his profession or trade, if any;
(2) Place of internment or confinement;
(3) Specification of the charge or charges on which the
prisoner of war is to be arraigned, giving the legal
provisions applicable;
(4) Designation of the court which will try the case,
likewise the date and place fixed for the opening of the
trial.
The same communication shall be made by the Detaining Power to
the prisoners' representative.
If no evidence is submitted, at the opening of a trial, that
the notification referred to above was received by the Protecting
Power, by the prisoner of war and by the prisoners'
representative concerned, at least three weeks before the opening
of the trial, then the latter cannot take place and must be
adjourned.
Art 105. The prisoner of war shall be entitled to assistance
by one of his prisoner comrades, to defence by a qualified
advocate or counsel of his own choice, to the calling of
witnesses and, if he deems necessary, to the services of a
competent interpreter. He shall be advised of these rights by the
Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power
shall find him an advocate or counsel, and shall have at least
one week at its disposal for the purpose. The Detaining Power
shall deliver to the said Power, on request, a list of persons
qualified to present the defence. Failing a choice of an advocate
or counsel by the prisoner of war or the Protecting Power, the
Detaining Power shall appoint a competent advocate or counsel to
conduct the defence.
The advocate or counsel conducting the defence on behalf of
the prisoner of war shall have at his disposal a period of two
weeks at least before the opening of the trial, as well as the
necessary facilities to prepare the defence of the accused. He
may, in particular, freely visit the accused and interview him in
private. He may also confer with any witnesses for the defence,
including prisoners of war. He shall have the benefit of these
facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of
war is to be arraigned, as well as the documents which are
generally communicated to the accused by virtue of the laws in
force in the armed forces of the Detaining Power, shall be
communicated to the accused prisoner of war in a language which
he understands, and in good time before the opening of the trial.
The same communication in the same circumstances shall be made to
the advocate or counsel conducting the defence on behalf of the
prisoner of war.
The representatives of the Protecting Power shall be entitled
to attend the trial of the case, unless, exceptionally, this is
held in camera in the interest of State security. In such a case
the Detaining Power shall advise the Protecting Power
accordingly.
Art 106. Every prisoner of war shall have, in the same manner
as the members of the armed forces of the Detaining Power, the
right of appeal or petition from any sentence pronounced upon
him, with a view to the quashing or revising of the sentence or
the reopening of the trial. He shall be fully informed of his
right to appeal or petition and of the time limit within which he
may do so.
Art 107. Any judgment and sentence pronounced upon a prisoner
of war shall be immediately reported to the Protecting Power in
the form of a summary communication, which shall also indicate
whether he has the right of appeal with a view to the quashing of
the sentence or the reopening of the trial. This communication
shall likewise be sent to the prisoners' representative
concerned. It shall also be sent to the accused prisoner of war
in a language he understands, if the sentence was not pronounced
in his presence. The Detaining Power shall also immediately
communicate to the Protecting Power the decision of the prisoner
of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a
sentence pronounced on a prisoner of war in the first instance is
a death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication
containing:
(1) the precise wording of the finding and sentence;
(2) a summarized report of any preliminary investigation and
of the trial, emphasizing in particular the elements of the
prosecution and the defence;
(3) notification, where applicable, of the establishment
where the sentence will be served.
The communications provided for in the foregoing
sub-paragraphs shall be sent to the Protecting Power at the
address previously made known to the Detaining Power.
Art 108.Sentences pronounced on prisoners of war after a
conviction has become duly enforceable, shall be served in the
same establishments and under the same conditions as in the case
of members of the armed forces of the Detaining Power. These
conditions shall in all cases conform to the requirements of
health and humanity.
A woman prisoner of war on whom such a sentence has been
pronounced shall be confined in separate quarters and shall be
under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions
of Articles 78 and 126 of the present Convention. Furthermore,
they shall be entitled to receive and despatch correspondence, to
receive at least one relief parcel monthly, to take regular
exercise in the open air, to have the medical care required by
their state of health, and the spiritual assistance they may
desire. Penalties to which they may be subjected shall be in
accordance with the provisions of Article 87, third paragraph.
