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Convention (III) relative to the Treatment of
Prisoners of War. Geneva, 12 August 1949.

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Preamble

The undersigned Plenipotentiaries of the
Governments represented at the Diplomatic Conference held at
Geneva from April 21 to August 12, 1949, for the purpose of
revising the Convention concluded at Geneva on July 27, 1929,
relative to the Treatment of Prisoners of War, have agreed as
follows:

Part I. General
Provisions

Art 1. The High
Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.

Art 2. In addition to the provisions which shall be
implemented in peace time, the present Convention shall apply to
all cases of declared war or of any other armed conflict which may
arise between two or more of the High Contracting Parties, even if
the state of war is not recognized by one of
them.

The Convention shall also
apply to all cases of partial or total occupation of the territory
of a High Contracting Party, even if the said occupation meets
with no armed resistance.

Although
one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound
by it in their mutual relations. They shall furthermore be bound
by the Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.

Art 3. In the case of armed conflict not of an
international character occurring in the territory of one of the
High Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following
provisions:
(1) Persons
taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors
de combat by sickness, wounds, detention, or any other cause,
shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria. To this end
the following acts are and shall remain prohibited at any time and
in any place whatsoever with respect to the above-mentioned
persons:
(a) violence to life and
person, in particular murder of all kinds, mutilation, cruel
treatment and torture;
(b) taking of
hostages;
(c) outrages upon personal
dignity, in particular, humiliating and degrading
treatment;
(d) the passing of sentences
and the carrying out of executions without previous judgment
pronounced by a regularly constituted court affording all the
judicial guarantees which are recognized as indispensable by
civilized peoples.
(2) The wounded and
sick shall be collected and cared for.

An impartial humanitarian body, such
as the International Committee of the Red Cross, may offer its
services to the Parties to the conflict.

The Parties to the conflict should further endeavour to
bring into force, by means of special agreements, all or part of
the other provisions of the present
Convention.

The application of the
preceding provisions shall not affect the legal status of the
Parties to the conflict.

Art 4. A.
Prisoners of war,
in the sense of the present Convention, are persons belonging to
one of the following categories, who have fallen into the power of
the enemy:
(1) Members of the armed
forces of a Party to the conflict, as well as members of militias
or volunteer corps forming part of such armed
forces.

(2) Members of other
militias and members of other volunteer corps, including those of
organized resistance movements, belonging to a Party to the
conflict and operating in or outside their own territory, even if
this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements,
fulfil the following conditions:[
(a) that of being
commanded by a person responsible for his
subordinates;
(b) that of having a
fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance
with the laws and customs of war.

(3) Members of regular armed forces who profess
allegiance to a government or an authority not recognized by the
Detaining Power.

(4) Persons who
accompany the armed forces without actually being members thereof,
such as civilian members of military aircraft crews, war
correspondents, supply contractors, members of labour units or of
services responsible for the welfare of the armed forces, provided
that they have received authorization, from the armed forces which
they accompany, who shall provide them for that purpose with an
identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and
apprentices, of the merchant marine and the crews of civil
aircraft of the Parties to the conflict, who do not benefit by
more favourable treatment under any other provisions of
international law.

(6) Inhabitants
of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without
having had time to form themselves into regular armed units,
provided they carry arms openly and respect the laws and customs
of war.

B.
The following shall likewise be treated as prisoners of war under
the present Convention:
(1) Persons
belonging, or having belonged, to the armed forces of the occupied
country, if the occupying Power considers it necessary by reason
of such allegiance to intern them, even though it has originally
liberated them while hostilities were going on outside the
territory it occupies, in particular where such persons have made
an unsuccessful attempt to rejoin the armed forces to which they
belong and which are engaged in combat, or where they fail to
comply with a summons made to them with a view to
internment.

(2) The persons
belonging to one of the categories enumerated in the present
Article, who have been received by neutral or non-belligerent
Powers on their territory and whom these Powers are required to
intern under international law, without prejudice to any more
favourable treatment which these Powers may choose to give and
with the exception of Articles 8, 10, 15, 30, fifth paragraph,
58-67, 92, 126 and, where diplomatic relations exist between the
Parties to the conflict and the neutral or non-belligerent Power
concerned, those Articles concerning the Protecting Power. Where
such diplomatic relations exist, the Parties to a conflict on whom
these persons depend shall be allowed to perform towards them the
functions of a Protecting Power as provided in the present
Convention, without prejudice to the functions which these Parties
normally exercise in conformity with diplomatic and consular usage
and treaties.

C. This Article shall
in no way affect the status of medical personnel and chaplains as
provided for in Article 33 of the present
Convention.

Art 5. The present
Convention shall apply to the persons referred to in Article 4
from the time they fall into the power of the enemy and until
their final release and repatriation.

Should any doubt arise as to whether persons, having
committed a belligerent act and having fallen into the hands of
the enemy, belong to any of the categories enumerated in Article
4, such persons shall enjoy the protection of the present
Convention until such time as their status has been determined by
a competent tribunal.

Art 6. In
addition to the agreements expressly provided for in Articles 10,
23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122
and 132, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall
adversely affect the situation of prisoners of war, as defined by
the present Convention, nor restrict the rights which it confers
upon them.

Prisoners of war shall
continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions
to the contrary are contained in the aforesaid or in subsequent
agreements, or where more favourable measures have been taken with
regard to them by one or other of the Parties to the
conflict.

Art 7. Prisoners of war
may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special
agreements referred to in the foregoing Article, if such there
be.

Art 8. The present Convention
shall be applied with the cooperation and under the scrutiny of
the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting
Powers may appoint, apart from their diplomatic or consular staff,
delegates from amongst their own nationals or the nationals of
other neutral Powers. The said delegates shall be subject to the
approval of the Power with which they are to carry out their
duties.

The Parties to the conflict
shall facilitate to the greatest extent possible the task of the
representatives or delegates of the Protecting
Powers.

The representatives or
delegates of the Protecting Powers shall not in any case exceed
their mission under the present Convention. They shall, in
particular, take account of the imperative necessities of security
of the State wherein they carry out their
duties.

Art 9. The provisions of
the present Convention constitute no obstacle to the humanitarian
activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the
consent of the Parties to the conflict concerned, undertake for
the protection of prisoners of war and for their
relief.

Art 10. The High
Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and
efficacy the duties incumbent on the Protecting Powers by virtue
of the present Convention.

When
prisoners of war do not benefit or cease to benefit, no matter for
what reason, by the activities of a Protecting Power or of an
organization provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the
present Convention by a Protecting Power designated by the Parties
to a conflict.

If protection cannot
be arranged accordingly, the Detaining Power shall request or
shall accept, subject to the provisions of this Article, the offer
of the services of a humanitarian organization, such as the
International Committee of the Red Cross to assume the
humanitarian functions performed by Protecting Powers under the
present Convention.

Any neutral
Power or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with
a sense of responsibility towards the Party to the conflict on
which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.

No derogation
from the preceding provisions shall be made by special agreements
between Powers one of which is restricted, even temporarily, in
its freedom to negotiate with the other Power or its allies by
reason of military events, more particularly where the whole, or a
substantial part, of the territory of the said Power is
occupied.

Whenever in the present
Convention mention is made of a Protecting Power, such mention
applies to substitute organizations in the sense of the present
Article.

Art 11. In cases where
they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the
conflict as to the application or interpretation of the provisions
of the present Convention, the Protecting Powers shall lend their
good offices with a view to settling the
disagreement.

For this purpose,
each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the
conflict a meeting of their representatives, and in particular of
the authorities responsible for prisoners of war, possibly on
neutral territory suitably chosen. The Parties to the conflict
shall be bound to give effect to the proposals made to them for
this purpose. The Protecting Powers may, if necessary, propose for
approval by the Parties to the conflict a person belonging to a
neutral Power, or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a
meeting.

Part II. General
Protection of Prisoners of War

Art
12. 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.

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.

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.

Part
III. Captivity

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 57. 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 89. 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.

Part IV.
Termination of Captivity

Section I.
Direct Repatriation and Accommodation in Neutral
Countries

Art 109. Subject to the
provisions of the third paragraph of this Article, Parties to the
conflict are bound to send back to their own country, regardless
of number or rank, seriously wounded and seriously sick prisoners
of war, after having cared for them until they are fit to travel,
in accordance with the first paragraph of the following
Article.

Throughout the duration of
hostilities, Parties to the conflict shall endeavour, with the
cooperation of the neutral Powers concerned, to make arrangements
for the accommodation in neutral countries of the sick and wounded
prisoners of war referred to in the second paragraph of the
following Article. They may, in addition, conclude agreements with
a view to the direct repatriation or internment in a neutral
country of able-bodied prisoners of war who have undergone a long
period of captivity.

No sick or
injured prisoner of war who is eligible for repatriation under the
first paragraph of this Article, may be repatriated against his
will during hostilities.

Art 110.
The following shall be repatriated direct:

(1) Incurably wounded and sick whose mental or physical
fitness seems to have been gravely diminished.
(2) Wounded and sick who, according to medical opinion,
are not likely to recover within one year, whose condition
requires treatment and whose mental or physical fitness seems to
have been gravely diminished.
(3)
Wounded and sick who have recovered, but whose mental or physical
fitness seems to have been gravely and permanently
diminished.

The following may be accommodated in a neutral country:

(1) Wounded and sick whose
recovery may be expected within one year of the date of the wound
or the beginning of the illness, if treatment in a neutral country
might increase the prospects of a more certain and speedy
recovery.
(2) Prisoners of war whose
mental or physical health, according to medical opinion, is
seriously threatened by continued captivity, but whose
accommodation in a neutral country might remove such a
threat.

The conditions which prisoners of war accommodated in a
neutral country must fulfil in order to permit their repatriation
shall be fixed, as shall likewise their status, by agreement
between the Powers concerned. In general, prisoners of war who
have been accommodated in a neutral country, and who belong to the
following categories, should be repatriated:

(1) Those whose state of
health has deteriorated so as to fulfil the condition laid down
for direct repatriation;

(2) Those
whose mental or physical powers remain, even after treatment,
considerably impaired.

If no special agreements are concluded between the
Parties to the conflict concerned, to determine the cases of
disablement or sickness entailing direct repatriation or
accommodation in a neutral country, such cases shall be settled in
accordance with the principles laid down in the Model Agreement
concerning direct repatriation and accommodation in neutral
countries of wounded and sick prisoners of war and in the
Regulations concerning Mixed Medical Commissions annexed to the
present Convention.

Art 111. The
Detaining Power, the Power on which the prisoners of war depend,
and a neutral Power agreed upon by these two Powers, shall
endeavour to conclude agreements which will enable prisoners of
war to be interned in the territory of the said neutral Power
until the close of hostilities.

Art
112. Upon the outbreak of hostilities, Mixed Medical Commissions
shall be appointed to examine sick and wounded prisoners of war,
and to make all appropriate decisions regarding them. The
appointment, duties and functioning of these Commissions shall be
in conformity with the provisions of the Regulations annexed to
the present Convention.

However,
prisoners of war who, in the opinion of the medical authorities of
the Detaining Power, are manifestly seriously injured or seriously
sick, may be repatriated without having to be examined by a Mixed
Medical Commission.

Art 113.
Besides those who are designated by the medical authorities of the
Detaining Power, wounded or sick prisoners of war belonging to the
categories listed below shall be entitled to present themselves
for examination by the Mixed Medical Commissions provided for in
the foregoing Article:

(1) Wounded and sick proposed by a physician or surgeon
who is of the same nationality, or a national of a Party to the
conflict allied with the Power on which the said prisoners depend,
and who exercises his functions in the camp.

(2) Wounded and sick proposed by their prisoners'
representative.

(3) Wounded and
sick proposed by the Power on which they depend, or by an
organization duly recognized by the said Power and giving
assistance to the prisoners.

Prisoners of war who do not
belong to one of the three foregoing categories may nevertheless
present themselves for examination by Mixed Medical Commissions,
but shall be examined only after those belonging to the said
categories.

The physician or
surgeon of the same nationality as the prisoners who present
themselves for examination by the Mixed Medical Commission,
likewise the prisoners' representative of the said prisoners,
shall have permission to be present at the
examination.

Art 114. Prisoners of
war who meet with accidents shall, unless the injury is
self-inflicted, have the benefit of the provisions of this
Convention as regards repatriation or accommodation in a neutral
country.

Art 115. No prisoner of
war on whom a disciplinary punishment has been imposed and who is
eligible for repatriation or for accommodation in a neutral
country, may be kept back on the plea that he has not undergone
his punishment.

Prisoners of war
detained in connection with a judicial prosecution or conviction,
and who are designated for repatriation or accommodation in a
neutral country, may benefit by such measures before the end of
the proceedings or the completion of the punishment, if the
Detaining Power consents.

Parties
to the conflict shall communicate to each other the names of those
who will be detained until the end of the proceedings or the
completion of the punishment.

Art
116. The cost of repatriating prisoners of war or of transporting
them to a neutral country shall be borne, from the frontiers of
the Detaining Power, by the Power on which the said prisoners
depend.

Art 117. No repatriated
person may be employed on active military
service.

Section II. Release and
Repatriation of Prisoners of War at the Close of Hostilities

Art 118. Prisoners of war shall be
released and repatriated without delay after the cessation of
active hostilities.

In the absence
of stipulations to the above effect in any agreement concluded
between the Parties to the conflict with a view to the cessation
of hostilities, or failing any such agreement, each of the
Detaining Powers shall itself establish and execute without delay
a plan of repatriation in conformity with the principle laid down
in the foregoing paragraph.

In
either case, the measures adopted shall be brought to the
knowledge of the prisoners of war.

The costs of repatriation of prisoners of war shall in
all cases be equitably apportioned between the Detaining Power and
the Power on which the prisoners depend. This apportionment shall
be carried out on the following basis:

(a) If the two Powers are contiguous, the Power on
which the prisoners of war depend shall bear the costs of
repatriation from the frontiers of the Detaining
Power.
(b) If the two Powers are not
contiguous, the Detaining Power shall bear the costs of transport
of prisoners of war over its own territory as far as its frontier
or its port of embarkation nearest to the territory of the Power
on which the prisoners of war depend. The Parties concerned shall
agree between themselves as to the equitable apportionment of the
remaining costs of the repatriation. The conclusion of this
agreement shall in no circumstances justify any delay in the
repatriation of the prisoners of war.

Art 119. Repatriation shall be effected in conditions
similar to those laid down in Articles 46 to 48 inclusive of the
present Convention for the transfer of prisoners of war, having
regard to the provisions of Article 118 and to those of the
following paragraphs.

On
repatriation, any articles of value impounded from prisoners of
war under Article 18, and any foreign currency which has not been
converted into the currency of the Detaining Power, shall be
restored to them. Articles of value and foreign currency which,
for any reason whatever, are not restored to prisoners of war on
repatriation, shall be despatched to the Information Bureau set up
under Article 122.

Prisoners of war
shall be allowed to take with them their personal effects, and any
correspondence and parcels which have arrived for them. The weight
of such baggage may be limited, if the conditions of repatriation
so require, to what each prisoner can reasonably carry. Each
prisoner shall in all cases be authorized to carry at least
twenty-five kilograms.

The other
personal effects of the repatriated prisoner shall be left in the
charge of the Detaining Power which shall have them forwarded to
him as soon as it has concluded an agreement to this effect,
regulating the conditions of transport and the payment of the
costs involved, with the Power on which the prisoner
depends.

Prisoners of war against
whom criminal proceedings for an indictable offence are pending
may be detained until the end of such proceedings, and, if
necessary, until the completion of the punishment. The same shall
apply to prisoners of war already convicted for an indictable
offence.

Parties to the conflict
shall communicate to each other the names of any prisoners of war
who are detained until the end of the proceedings or until
punishment has been completed.

By
agreement between the Parties to the conflict, commissions shall
be established for the purpose of searching for dispersed
prisoners of war and of assuring their repatriation with the least
possible delay.

Section III. Death
of Prisoners of War

Art 120. Wills
of prisoners of war shall be drawn up so as to satisfy the
conditions of validity required by the legislation of their
country of origin, which will take steps to inform the Detaining
Power of its requirements in this respect. At the request of the
prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified
copy shall be sent to the Central Agency.

Death certificates, in the form annexed to the present
Convention, or lists certified by a responsible officer, of all
persons who die as prisoners of war shall be forwarded as rapidly
as possible to the Prisoner of War Information Bureau established
in accordance with Article 122. The death certificates or
certified lists shall show particulars of identity as set out in
the third paragraph of Article 17, and also the date and place of
death, the cause of death, the date and place of burial and all
particulars necessary to identify the graves.

The burial or cremation of a prisoner of war shall be
preceded by a medical examination of the body with a view to
confirming death and enabling a report to be made and, where
necessary, establishing identity.

The detaining authorities shall ensure that prisoners
of war who have died in captivity are honourably buried, if
possible according to the rites of the religion to which they
belonged, and that their graves are respected, suitably maintained
and marked so as to be found at any time. Wherever possible,
deceased prisoners of war who depended on the same Power shall be
interred in the same place.

Deceased prisoners of war shall be buried in individual
graves unless unavoidable circumstances require the use of
collective graves. Bodies may be cremated only for imperative
reasons of hygiene, on account of the religion of the deceased or
in accordance with his express wish to this effect. In case of
cremation, the fact shall be stated and the reasons given in the
death certificate of the deceased.

In order that graves may always be found, all
particulars of burials and graves shall be recorded with a Graves
Registration Service established by the Detaining Power. Lists of
graves and particulars of the prisoners of war interred in
cemeteries and elsewhere shall be transmitted to the Power on
which such prisoners of war depended. Responsibility for the care
of these graves and for records of any subsequent moves of the
bodies shall rest on the Power controlling the territory, if a
Party to the present Convention. These provisions shall also apply
to the ashes, which shall be kept by the Graves Registration
Service until proper disposal thereof in accordance with the
wishes of the home country.

Art
121. Every death or serious injury of a prisoner of war caused or
suspected to have been caused by a sentry, another prisoner of
war, or any other person, as well as any death the cause of which
is unknown, shall be immediately followed by an official enquiry
by the Detaining Power.

A
communication on this subject shall be sent immediately to the
Protecting Power. Statements shall be taken from witnesses,
especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting
Power.

If the enquiry indicates the
guilt of one or more persons, the Detaining Power shall take all
measures for the prosecution of the person or persons
responsible.

PART V. Information
Bureaux and Relief Societies for Prisoners of
War

Art 122. Upon the outbreak of a
conflict and in all cases of occupation, each of the Parties to
the conflict shall institute an official Information Bureau for
prisoners of war who are in its power. Neutral or non-belligerent
Powers who may have received within their territory persons
belonging to one of the categories referred to in Article 4, shall
take the same action with respect to such persons. The Power
concerned shall ensure that the Prisoners of War Information
Bureau is provided with the necessary accommodation, equipment and
staff to ensure its efficient working. It shall be at liberty to
employ prisoners of war in such a Bureau under the conditions laid
down in the Section of the present Convention dealing with work by
prisoners of war.

Within the
shortest possible period, each of the Parties to the conflict
shall give its Bureau the information referred to in the fourth,
fifth and sixth paragraphs of this Article regarding any enemy
person belonging to one of the categories referred to in Article
4, who has fallen into its power. Neutral or non-belligerent
Powers shall take the same action with regard to persons belonging
to such categories whom they have received within their
territory.

The Bureau shall
immediately forward such information by the most rapid means to
the Powers concerned, through the intermediary of the Protecting
Powers and likewise of the Central Agency provided for in Article
123.

This information shall make it
possible quickly to advise the next of kin concerned. Subject to
the provisions of Article 17, the information shall include, in so
far as available to the Information Bureau, in respect of each
prisoner of war, his surname, first names, rank, army, regimental,
personal or serial number, place and full date of birth,
indication of the Power on which he depends, first name of the
father and maiden name of the mother, name and address of the
person to be informed and the address to which correspondence for
the prisoner may be sent.

The
Information Bureau shall receive from the various departments
concerned information regarding transfers, releases,
repatriations, escapes, admissions to hospital, and deaths, and
shall transmit such information in the manner described in the
third paragraph above.

Likewise,
information regarding the state of health of prisoners of war who
are seriously ill or seriously wounded shall be supplied
regularly, every week if possible.

The Information Bureau shall also be responsible for
replying to all enquiries sent to it concerning prisoners of war,
including those who have died in captivity; it will make any
enquiries necessary to obtain the information which is asked for
if this is not in its possession.

All written communications made by the Bureau shall be
authenticated by a signature or a seal.

The Information Bureau shall furthermore be charged
with collecting all personal valuables, including sums in
currencies other than that of the Detaining Power and documents of
importance to the next of kin, left by prisoners of war who have
been repatriated or released, or who have escaped or died, and
shall forward the said valuables to the Powers concerned. Such
articles shall be sent by the Bureau in sealed packets which shall
be accompanied by statements giving clear and full particulars of
the identity of the person to whom the articles belonged, and by a
complete list of the contents of the parcel. Other personal
effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict
concerned.

Art 123. A Central
Prisoners of War Information Agency shall be created in a neutral
country. The International Committee of the Red Cross shall, if it
deems necessary, propose to the Powers concerned the organization
of such an Agency.

The function of
the Agency shall be to collect all the information it may obtain
through official or private channels respecting prisoners of war,
and to transmit it as rapidly as possible to the country of origin
of the prisoners of war or to the Power on which they depend. It
shall receive from the Parties to the conflict all facilities for
effecting such transmissions.

The
High Contracting Parties, and in particular those whose nationals
benefit by the services of the Central Agency, are requested to
give the said Agency the financial aid it may
require.

The foregoing provisions
shall in no way be interpreted as restricting the humanitarian
activities of the International Committee of the Red Cross, or of
the relief societies provided for in Article
125.

Art 124. The national
Information Bureaux and the Central Information Agency shall enjoy
free postage for mail, likewise all the exemptions provided for in
Article 74, and further, so far as possible, exemption from
telegraphic charges or, at least, greatly reduced
rates.

Art 125. Subject to the
measures which the Detaining Powers may consider essential to
ensure their security or to meet any other reasonable need, the
representatives of religious organizations, relief societies, or
any other organization assisting prisoners of war, shall receive
from the said Powers, for themselves and their duly accredited
agents, all necessary facilities for visiting the prisoners, for
distributing relief supplies and material, from any source,
intended for religious, educational or recreative purposes, and
for assisting them in organizing their leisure time within the
camps. Such societies or organizations may be constituted in the
territory of the Detaining Power or in any other country, or they
may have an international character.

The Detaining Power may limit the number of societies
and organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on
condition, however, that such limitation shall not hinder the
effective operation of adequate relief to all prisoners of
war.

The special position of the
International Committee of the Red Cross in this field shall be
recognized and respected at all times.

As soon as relief supplies or material intended for the
above-mentioned purposes are handed over to prisoners of war, or
very shortly afterwards, receipts for each consignment, signed by
the prisoners' representative, shall be forwarded to the relief
society or organization making the shipment. At the same time,
receipts for these consignments shall be supplied by the
administrative authorities responsible for guarding the
prisoners.

Part VI. Execution of
the Convention

Section I. General
Provisions

Art 126. Representatives
or delegates of the Protecting Powers shall have permission to go
to all places where prisoners of war may be, particularly to
places of internment, imprisonment and labour, and shall have
access to all premises occupied by prisoners of war; they shall
also be allowed to go to the places of departure, passage and
arrival of prisoners who are being transferred. They shall be able
to interview the prisoners, and in particular the prisoners'
representatives, without witnesses, either personally or through
an interpreter.

Representatives and
delegates of the Protecting Powers shall have full liberty to
select the places they wish to visit. The duration and frequency
of these visits shall not be restricted. Visits may not be
prohibited except for reasons of imperative military necessity,
and then only as an exceptional and temporary
measure.

The Detaining Power and
the Power on which the said prisoners of war depend may agree, if
necessary, that compatriots of these prisoners of war be permitted
to participate in the visits.

The
delegates of the International Committee of the Red Cross shall
enjoy the same prerogatives. The appointment of such delegates
shall be submitted to the approval of the Power detaining the
prisoners of war to be visited.

Art
127. The High Contracting Parties undertake, in time of peace as
in time of war, to disseminate the text of the present Convention
as widely as possible in their respective countries, and, in
particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the
principles thereof may become known to all their armed forces and
to the entire population.

Any
military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the
text of the Convention and be specially instructed as to its
provisions.

Art 128. The High
Contracting Parties shall communicate to one another through the
Swiss Federal Council and, during hostilities, through the
Protecting Powers, the official translations of the present
Convention, as well as the laws and regulations which they may
adopt to ensure the application thereof.

Art 129. The High Contracting Parties undertake to
enact any legislation necessary to provide effective penal
sanctions for persons committing, or ordering to be committed, any
of the grave breaches of the present Convention defined in the
following Article.

Each High
Contracting Party shall be under the obligation to search for
persons alleged to have committed. or to have ordered to be
committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may
also, if it prefers, and in accordance with the provisions of its
own legislation, hand such persons over for trial to another High
Contracting Party concerned, provided such High Contracting Party
has made out a prima facie case.

Each High Contracting Party shall take measures
necessary for the suppression of all acts contrary to the
provisions of the present Convention other than the grave breaches
defined in the following Article.

In all circumstances, the accused persons shall benefit
by safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the present Convention.

Art 130.
Grave breaches to which the preceding Article relates shall be
those involving any of the following acts, if committed against
persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments,
wilfully causing great suffering or serious injury to body or
health, compelling a prisoner of war to serve in the forces of the
hostile Power, or wilfully depriving a prisoner of war of the
rights of fair and regular trial prescribed in this
Convention.

Art 131. No High
Contracting Party shall be allowed to absolve itself or any other
High Contracting Party of any liability incurred by itself or by
another High Contracting Party in respect of breaches referred to
in the preceding Article.

Art 132.
At the request of a Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the
Convention.

If agreement has not
been reached concerning the procedure for the enquiry, the Parties
should agree on the choice of an umpire who will decide upon the
procedure to be followed.

Once the
violation has been established, the Parties to the conflict shall
put an end to it and shall repress it with the least possible
delay.

Section II. Final
Provisions

Art 133. The present
Convention is established in English and in French. Both texts are
equally authentic.

The Swiss
Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish
languages.

Art 134. The present
Convention replaces the Convention of July 27, 1929, in relations
between the High Contracting Parties.

Art 135. In the relations between the Powers which are
bound by the Hague Convention respecting the Laws and Customs of
War on Land, whether that of July 29, 1899, or that of October 18,
1907, and which are parties to the present Convention, this last
Convention shall be complementary to Chapter II of the Regulations
annexed to th above-mentioned Conventions of the
Hague.

Art 136. The present
Convention, which bears the date of this day, is open to signature
until February 12, 1950, in the name of the Powers represented at
the Conference which opened at Geneva on April 21, 1949;
furthermore, by Powers not represented at that Conference, but
which are parties to the Convention of July 27,
1929.

Art 137. The present
Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.

A record shall be drawn up of the deposit of each
instrument of ratification and certified copies of this record
shall be transmitted by the Swiss Federal Council to all the
Powers in whose name the Convention has been signed, or whose
accession has been notified.

Art
138. The present Convention shall come into force six months after
not less than two instruments of ratification have been
deposited.

Thereafter, it shall
come into force for each High Contracting Party six months after
the deposit of the instrument of ratification.

Art 139. From the date of its coming into force, it
shall be open to any Power in whose name the present Convention
has not been signed, to accede to this
Convention.

Art 140. Accessions
shall be notified in writing to the Swiss Federal Council, and
shall take effect six months after the date on which they are
received.

The Swiss Federal Council
shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been
notified.

Art 141. The situations
provided for in Articles 2 and 3 shall give immediate effect to
ratifications deposited and accessions notified by the Parties to
the conflict before or after the beginning of hostilities or
occupation. The Swiss Federal Council shall communicate by the
quickest method any ratifications or accessions received from
Parties to the conflict.

Art 142.
Each of the High Contracting Parties shall be at liberty to
denounce the present Convention.

The denunciation shall be notified in writing to the
Swiss Federal Council, which shall transmit it to the Governments
of all the High Contracting Parties.

The denunciation shall take effect one year after the
notification thereof has been made to the Swiss Federal Council.
However, a denunciation of which notification has been made at a
time when the denouncing Power is involved in a conflict shall not
take effect until peace has been concluded, and until after
operations connected with release and repatriation of the persons
protected by the present Convention have been
terminated.

The denunciation shall
have effect only in respect of the denouncing Power. It shall in
no way impair the obligations which the Parties to the conflict
shall remain bound to fulfil by virtue of the principles of the
law of nations, as they result from the usages established among
civilized peoples, from the laws of humanity and the dictates of
the public conscience.

Art 143. The
Swiss Federal Council shall register the present Convention with
the Secretariat of the United Nations. The Swiss Federal Council
shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with
respect to the present Convention.

IN WITNESS WHEREOF the undersigned, having deposited
their respective full powers, have signed the present
Convention.

DONE at Geneva this
twelfth day of August 1949, in the English and French languages.
The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified
copies thereof to each of the signatory and acceding
States.

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.

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2005 International Committee of the Red Cross