Geneva Convention
Geneva Convention relative to the Treatment of Prisoners of War,
75 U.N.T.S. 135, entered into force Oct. 21, 1950.
PART I
GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present
Convention in all circumstances.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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
Article 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.
Article 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.
Article 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.
Article 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.
Article 16
Taking into consideration the provisions of the present Convention relating to rank and sex, a
nd 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 I
BEGINNING OF CAPTIVITY
Article 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 any 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.
Article 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 the 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.
Article 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.
Article 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 11
INTERNMENT OF PRISONERS OF WAR
Chapter I
GENERAL OBSERVATIONS
Article 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.
Article 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. Article 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.
Article 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
Article 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.
Article 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.
Article 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.
Article 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
HYGIENE AND MEDICAL ATTENTION
Article 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.
Article 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.
Article 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.
Article 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
Article 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
Article 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.
Article 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.
Article 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.
Article 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.
Article 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
Article 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.
Article 40
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.
Article 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,
at 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.
Article 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
Article 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.
Article 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.
Article 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
Article 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.
Article 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 if
they are exposed to greater risks by remaining on the spot than by being transferred.
Article 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 111
LABOUR OF PRISONERS OF WAR
Article 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.
Article 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.
Article 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 en sure that in areas
in which 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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
Article 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.
Article 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.
Article 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 sergeant: eight Swiss francs.
Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank:
twelve Swiss francs.
Category m: 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 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.
Article 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.
Article 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.
Article 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 dependants 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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
Article 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.
Article 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 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 Inter national 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.
Article 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.
Article 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
Article 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
Article 79
In 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.
Article 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.
Article 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'
epresentative.
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 with
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
Article 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.
Article 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.
Article 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.
Article 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.
Article 86
No prisoner of war may be punished more than once for the same act, or on the same charge.
Article 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 punishments, 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.
Article 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
Article 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.
Article 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.
Article 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.
Article 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.
Article 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, 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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. m. Judicial
proceedings
Article 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.
Article 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 upon 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.
Article 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.
Article 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.
Article 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.
Article 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, like wise 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.
Article 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.
Article 106
Every prisoner of war shall have, in the same manner as the members of the arrned 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.
Article 107
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported
to the Protecting Power in the form of a surnrnary 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 comrnunication 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 subparagraphs shall be sent to the
Protecting Power at the address previously made known to the Detaining Power.
Article 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 arrned 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
Article 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.
Article 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 pemmanently 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 concemed. 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 conditions 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 concemed, to
detemmine 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 conceming direct repatriation and
accommodation in neutral countries of wounded and sick prisoners of war and in the
Regulations conceming Mixed Medical Commissions annexed to the present Convention.
Article 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.
Article 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.
Article 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 giv ing as s i stance 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.
Article 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.
Articie 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is
eligible for repatriati on or for accommodation in a ne utral country, may be kept back
on the plea that he has not undergone his punishment.
Prisoners of war detained in c on necti on with a j udicial prosec uti on 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 communicated to each other the names of those who will be
detained until the end of the proceedings or the completion of the punishment.
Article 116
The costs 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.
Articie 117
No repatriated person may be employed on active military service.
SECTION 11
RELEASE AND REPATRIATION OF PRISONERS OF WAR
AT THE CLOSE OF HOSTILITIES
Article 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 contigu ou s , the Power on wh ich 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.
Article 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 111
DEATH OF PRISONERS OF WAR
Article 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.
Article 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 a
ll measures for the prosecution of the person or persons responsible.
PART V
INFORMATION BUREAUX AND RELIEF SOCIETIES
FOR PRISONERS OF WAR
Article 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 concemed, 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 inforrnation
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
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.
Article 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.
Article 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.
Article 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, 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
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 11
FINAL PROVISIONS
Article 133
The present Convention is established in English and in French. Both texts are equally a
uthentic. The Swiss Federal Council shall arrange for official translations of the Convention
to be made in the Russian and Spanish languages.
Article 134
The present Convention replaces the Convention of 27 July 1929, in relations between the
High Contracting Parties.
Article 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 the above-mentioned
Conventions of The Hague.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 the 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.
Article 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.
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