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.
