Annex I.
Model Agreement Concerning Direct Repatriation and Accommodation
in Neutral Countries of Wounded and Sick Prisoners of War. (see
Art 110.)
I. Principles for Direct Repatriation and
Accommodation in Neutral Countries
A. DIRECT REPATRIATION
The following shall be repatriated direct:
(1) All prisoners of war suffering from the following
disabilities as the result of trauma: loss of a limb,
paralysis, articular or other disabilities, when this
disability is at least the loss of a hand or a foot, or the
equivalent of the loss of a hand or a foot.
Without prejudice to a more generous interpretation, the
following shall be considered as equivalent to the loss of a
hand or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb
and forefinger of one hand; loss of a foot, or of all the
toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial
contracture preventing the functioning of one of the large
articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones.
(d) Deformities due to fracture or other injury which
seriously interfere with function and weight-bearing power.
(2) All wounded prisoners of war whose condition has
become chronic, to the extent that prognosis appears to
exclude recovery--in spite of treatment--within one year from
the date of the injury, as, for example,
in case of:
(a) Projectile in the heart, even if the Mixed Medical
Commission should fail, at the time of their examination, to
detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if the
Mixed Medical Commission cannot, at the time of examination,
detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot be foreseen in the
course of the year following the injury, and which seems
likely to result in ankylosis of a joint, or other
impairments equivalent to the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large joints.
(e) Injury to the skull, with loss or shifting of bony
tissue.
(f) Injury or burning of the face with loss of tissue and
functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which
are equivalent to the loss of a hand or foot, and the cure of
which requires more than a year from the date of injury,
for.example: injury to the brachial or lumbosacral plexus
median or sciatic nerves, likewise combined injury to the
radial and cubital nerves or to the lateral popliteal nerve
(N. peroneous communis) and medial popliteal nerve (N.
tibialis); etc. The separate injury of the radial
(musculo-spiral), cubital, lateral or medial popliteal nerves
shall not, however, warrant repatriation except in case of
contractures or of serious neurotrophic disturbance.
(i) Injury to the urinary system, with incapacitating
results.
(3) All sick prisoners of war whose condition has become
chronic to the extent that prognosis seems to exclude
recovery--in, spite of treatment-- within one year from the
inception of the disease, as, for example, in
case of:
(a) Progressive tuberculosis of any organ which, according
to medical prognosis, cannot be cured or at least
considerably improved by treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of
non-tubercular etiology, presumed incurable, for example:
serious pulmonary emphysema, with or without bronchitis;
chronic asthma *; chronic bronchitis * lasting more than one
year in captivity; bronchiectasis *; etc.
(d) Serious chronic affections of the circulatory system, for
example: valvular lesions and myocarditis *, which have shown
signs of circulatory failure during captivity, even though
the Mixed Medical Commission cannot detect any such signs at
the time of examination; affections of the pericardium and
the vessels (Buerger's disease, aneurisms of the large
vessels); etc.
(e) Serious chronic affections of the digestive organs, for
example: gastric or duodenal ulcer; sequelae of gastric
operations performed in captivity; chronic gastritis,
enteritis or colitis, having lasted more than one year and
seriously affecting the general condition; cirrhosis of the
liver; chronic cholecystopathy *; etc.
(f) Serious chronic affections of the genito-urinary organs,
for example: chronic diseases of the kidney with consequent
disorders; nephrectomy because of a tubercular kidney;
chronic pyelitis or chronic cystitis; hydronephrosis or
pyonephrosis; chronic grave gynaecological conditions; normal
pregnancy and obstetrical disorder, where it is impossible to
accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral
nervous system, for example: all obvious psychoses and
psychoneuroses, such as serious hysteria, serious captivity
psychoneurosis, etc., duly verified by a specialist *; any
epilepsy duly verified by the camp physician *; cerebral
arteriosclerosis; chronic neuritis lasting more than one
year; etc.
(h) Serious chronic diseases of the neuro-vegetative system,
with considerable diminution of mental or physical fitness,
noticeable loss of weight and general asthenia.
(i) Blindness of both eyes, or of one eye when the vision of
the other is less than 1 in spite of the use of corrective
glasses; diminution of visual acuity in cases where it is
impossible to restore it by correction to an acuity of 1/2 in
at least one eye *; other grave ocular affections, for
example: glaucoma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total unilateral deafness, if
the other ear does not discern the ordinary spoken word at a
distance of one metre *; etc.
(l) Serious affections of metabolism, for example: diabetes
mellitus requiring insulin treatment; etc.
(m) Serious disorders of the endocrine glands, for example:
thyrotoxicosis; hypothyrosis; Addison's disease; Simmonds'
cachexia; tetany; etc.
(n) Grave and chronic disorders of the blood-forming organs.
(o) Serious cases of chronic intoxication, for example: lead
poisoning, mercury poisoning, morphinism, cocainism,
alcoholism; gas or radiation poisoning; etc.
(p) Chronic affections of locomotion, with obvious functional
disorders, for example: arthritis deformans; primary and
secondary progressive chronic polyarthritis; rheumatism with
serious clinical symptoms; etc.
(q) Serious chronic skin diseases, not amenable to treatment.
(r) Any malignant growth.
(s) Serious chronic infectious diseases, persisting for one
year after their inception, for example: malaria with decided
organic impairment, amoebic or bacillary dysentery with grave
disorders; tertiary visceral syphilis resistant to treatment;
leprosy; etc.
(t) Serious avitaminosis or serious inanition.
[NOTE] * The decision of the Mixed Medical Commission
shall be based to a great extent on the records kept by camp
physicians and surgeons of the same nationality as the
prisoners of war, or on an examination by medical specialists
of the Detaining Power.
B. ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral
country:
(1) All wounded prisoners of war who are not likely to
recover in captivity, but who might be cured or whose
condition might be considerably improved by accommodation in
a neutral country.
(2) Prisoners of war suffering from any form of
tuberculosis, of whatever organ, and whose treatment in a
neutral country would be likely to lead to recovery or at
least to considerable improvement, with the exception of
primary tuberculosis cured before captivity.
(3) Prisoners of war suffering from affections requiring
treatment of the respiratory, circulatory, digestive,
nervous, sensory, genito-urinary, cutaneous, locomotive
organs, etc., if such treatment would clearly have better
results in a neutral country than in captivity.
(4) Prisoners of war who have undergone a nephrectomy in
captivity for a non-tubercular renal affection; cases of
osteomyelitis, on the way to recovery or latent; diabetes
mellitus not requiring insulin treatment; etc.
(5) Prisoners of war suffering from war or captivity
neuroses. Cases of captivity neurosis which are not cured
after three months of accommodation in a neutral country, or
which after that length of time are not clearly on the way to
complete cure, shall be repatriated.
(6) All prisoners of war suffering from chronic
intoxication (gases, metals, alkaloids, etc.), for whom the
prospects of cure in a neutral country are especially
favourable.
(7) All women prisoners of war who are pregnant or mothers
with infants and small children.
The following cases shall not be eligible for accommodation in
a neutral country:
(1) All duly verified chronic psychoses.
(2) All organic or functional nervous affections
considered to be incurable.
(3) All contagious diseases during the period in which
they are transmissible, with the exception of tuberculosis.
II. General Observations
(1) The conditions given shall, in a general way, be
interpreted and applied in as broad a spirit as possible.
Neuropathic and psychopathic conditions caused by war or
captivity, as well as cases of tuberculosis in all stages,
shall above all benefit by such liberal interpretation.
Prisoners of war who have sustained several wounds, none of
which, considered by itself, justifies repatriation, shall be
examined in the same spirit, with due regard for the psychic
traumatism due to the number of their wounds.
(2) All unquestionable cases giving the right to direct
repatriation (amputation, total blindness or deafness, open
pulmonary tuberculosis, mental disorder, malignant growth,
etc.) shall be examined and repatriated as soon as possible
by the camp physicians or by military medical commissions
appointed by the Detaining Power.
(3) Injuries and diseases which existed before the war and
which have not become worse, as well as war injuries which
have not prevented subsequent military service, shall not
entitle to direct repatriation.
(4) The provisions of this Annex shall be interpreted and
applied in a similar manner in all countries party to the
conflict. The Powers and authorities concerned shall grant to
Mixed Medical Commissions all the facilities necessary for
the accomplishment of their task.
(5) The examples quoted under (1) above represent only
typical cases. Cases which do not correspond exactly to these
provisions shall be judged in the spirit of the provisions of
Article 110 of the present Convention, and of the principles
embodied in the present Agreement.
Annex II. Regulations Concerning
Mixed Medical Commissions (see Art 112.)
Art 1. The Mixed Medical Commissions provided for in Article
112 of the Convention shall be composed of three members, two of
whom shall belong to a neutral country, the third being appointed
by the Detaining Power. One of the neutral members shall take the
chair.
Art 2. The two neutral members shall be appointed by the
International Committee of the Red Cross, acting in agreement
with the Protecting Power, at the request of the Detaining Power.
They may be domiciled either in their country of origin, in any
other neutral country, or in the territory of the Detaining
Power.
Art 3. The neutral members shall be approved by the Parties to
the conflict concerned, who shall notify their approval to the
International Committee of the Red Cross and to the Protecting
Power. Upon such notification, the neutral members shall be
considered as effectively appointed.
Art 4. Deputy members shall also be appointed in sufficient
number to replace the regular members in case of need. They shall
be appointed at the same time as the regular members or, at
least, as soon as possible.
Art 5. If for any reason the International Committee of the
Red Cross cannot arrange for the appointment of the neutral
members, this shall be done by the Power protecting the interests
of the prisoners of war to be examined.
Art 6. So far as possible, one of the two neutral members
shall be a surgeon and the other a physician.
Art 7. The neutral members shall be entirely independent of
the Parties to the conflict, which shall grant them all
facilities in the accomplishment of their duties.
Art 8. By agreement with the Detaining Power, the
International Committee of the Red Cross, when making the
appointments provided for in Articles 2 and 4 of the present
Regulations, shall settle the terms of service of the nominees.
Art 9. The Mixed Medical Commissions shall begin their work as
soon as possible after the neutral members have been approved,
and in any case within a period of three months from the date of
such approval.
Art 10. The Mixed Medical Commissions shall examine all the
prisoners designated in Article 113 of the Convention. They shall
propose repatriation, rejection, or reference to a later
examination. Their decisions shall be made by a majority vote.
Art 11. The decisions made by the Mixed Medical Commissions in
each specific case shall be communicated, during the month
following their visit, to the Detaining Power, the Protecting
Power and the International Committee of the Red Cross. The Mixed
Medical Commissions shall also inform each prisoner of war
examined of the decision made, and shall issue to those whose
repatriation has been proposed, certificates similar to the model
appended to the present Convention.
Art 12. The Detaining Power shall be required to carry out the
decisions of the Mixed Medical Commissions within three months of
the time when it receives due notification of such decisions.
Art 13. If there is no neutral physician in a country where
the services of a Mixed Medical Commission seem to be required,
and if it is for any reason impossible to appoint neutral doctors
who are resident in another country, the Detaining Power, acting
in agreement with the Protecting Power, shall set up a Medical
Commission which shall undertake the same duties as a Mixed
Medical Commission, subject to the provisions of Articles 1, 2,
3, 4, 5 and 8 of the present Regulations.
Art 14. Mixed Medical Commissions shall function permanently
and shall visit each camp at intervals of not more than six
months.
Annex III. Regulations Concerning
Collective Relief (See Art 73.)
Art 1. Prisoners' representatives shall be allowed to
distribute collective relief shipments for which they are
responsible, to all prisoners of war administered by their camp,
including those who are in hospitals, or in prisons or other
penal establishments.
Art 2. The distribution of collective relief shipments shall
be effected in accordance with the instructions of the donors and
with a plan drawn up by the prisoners' representatives. The issue
of medical stores shall, however, be made for preference in
agreement with the senior medical officers, and the latter may,
in hospitals and infirmaries, waive the said instructions, if the
needs of their patients so demand. Within the limits thus
defined, the distribution shall always be carried out equitably.
Art 3. The said prisoners' representatives or their assistants
shall be allowed to go to the points of arrival of relief
supplies near their camps, so as to enable the prisoners'
representatives or their assistants to verify the quality as well
as the quantity of the goods received, and to make out detailed
reports thereon for the donors.
Art 4. Prisoners' representatives shall be given the
facilities necessary for verifying whether the distribution of
collective relief in all subdivisions and annexes of their camps
has been carried out in accordance with their instructions.
Art 5. Prisoners' representatives shall be allowed to fill up,
and cause to be filled up by the prisoners' representatives of
labour detachments or by the senior medical officers of
infirmaries and hospitals, forms or questionnaires intended for
the donors, relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and questionnaires,
duly completed, shall be forwarded to the donors without delay.
Art 6. In order to secure the regular issue of collective
relief to the prisoners of war in their camp, and to meet any
needs that may arise from the arrival of new contingents of
prisoners, prisoners' representatives shall be allowed to build
up and maintain adequate reserve stocks of collective relief. For
this purpose, they shall have suitable warehouses at their
disposal; each warehouse shall be provided with two locks, the
prisoners' representative holding the keys of one lock and the
camp commander the keys of the other.
Art 7. When collective consignments of clothing are available,
each prisoner of war shall retain in his possession at least one
complete set of clothes. If a prisoner has more than one set of
clothes, the prisoners' representative shall be permitted to
withdraw excess clothing from those with the largest number of
sets, or particular articles in excess of one, if this is
necessary in order to supply prisoners who are less well
provided. He shall not, however, withdraw second sets of
underclothing, socks or footwear, unless this is the only means
of providing for prisoners of war with none.
Art 8. The High Contracting Parties, and the Detaining Powers
in particular, shall authorize, as far as possible and subject to
the regulations governing the supply of the population, all
purchases of goods made in their territories for the distribution
of collective relief to prisoners of war. They shall similarly
facilitate the transfer of funds and other financial measures of
a technical or administrative nature taken for the purpose of
making such purchases.
Art 9. The foregoing provisions shall not constitute an
obstacle to the right of prisoners of war to receive collective
relief before their arrival in a camp or in the course of
transfer, nor to the possibility of representatives of the
Protecting Power, the International Committee of the Red Cross,
or any other body giving assistance to prisoners which may be
responsible for the forwarding of such supplies, ensuring the
distribution thereof to the addressees by any other means that
they may deem useful.
Annex IV. (A) Identity Card(See Art 4.)
Annex IV. (B) Captured Card(See Art 70.)
Annex IV. (C) Correspondence Card and Letter
(See Art 71.)
Annex IV. (D) Notification of Death (See Art
120.)
Annex IV. (E) Repatriation Certificate (See
AnnexII, Art 11.)
Annex V. Model Regulations Concerning Payments Sent by
Prisoners to their Own Country (See Art 63.)
(1) The notification referred to in the third paragraph of
Article 63 will show:
(a) number as specified in Article 17, rank, surname and
first names of the prisoner of war who is the payer;
(b) the name and address of the payee in the country of
origin;
(c) the amount to be so paid in the currency of the
country in which he is detained.
(2) The notification will be signed by the prisoner of war, or
his witnessed mark made upon it if he cannot write, and shall be
countersigned by the prisoners' representative.
(3) The camp commander will add to this notification a
certificate that the prisoner of war concerned has a credit
balance of not less than the amount registered as payable.
(4) The notification may be made up in lists, each sheet of
such lists being witnessed by the prisoners' representative and
certified by the camp commander.
