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