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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
favorable 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.
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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 III LABOR OF PRISONERS OF WAR
ARTICLE 49
The Detaining Power may utilize the labor 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;
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(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 labor of prisoners of war, shall ensure that in areas in
which prisoners are employed, the national legislation concerning the protection of labor, 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 labor 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 labor which is of an unhealthy
or dangerous nature.
No prisoner of war shall be assigned to labor 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 labor.
ARTICLE 53
The duration of the daily labor 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 labor such as piecework are employed, the length of the working period shall not be
rendered excessive thereby.
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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 labor detachments shall be similar to those of prisoner of
war camps.
Every labor 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 labor detachments.
The camp commander shall keep an up-to-date record of the labor 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.
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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 III: Warrant officers and commissioned officers below the rank of major or prisoners
of equivalent rank: fifty Swiss francs.
Category IV: Majors, lieutenant colonels, colonels or prisoners of equivalent rank: sixty Swiss
francs.
Category V: General officers or prisoners of 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:
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(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
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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 initialed 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.
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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
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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 labeled 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
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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 dispatched by them through the post office, either direct or through the Information
Bureau 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 endeavor 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 International Committee of the Red Cross or any other organization duly
approved by the Parties to the conflict may undertake to ensure the conveyance of such
shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavor to supply them with such transport and to
allow its circulation, especially by granting the necessary safe-conducts.
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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 Bureau 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 dispatched by them shall be
done as quickly as possible. Mail shall be censored only by the dispatching 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 dispatched 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.
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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 labor 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.
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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 labor detachments, receipt of
supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where prisoners of war are
detained, and every prisoner of war shall have the right to consult freely his prisoners'
representative.
All facilities shall likewise be accorded to the prisoners' representatives for communication by
post and telegraph with the detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the
bodies which give assistance to prisoners of war. Prisoners' representatives of labor 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.
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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 defense
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.
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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.
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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.
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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.
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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.
III. 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.
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No prisoner of war may be convicted without having had an opportunity to present his defense
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.
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The said notification shall contain the following information:
1. Surname and first names of the prisoner of war, his rank, his army, regimental, personal or
serial number, his date of birth, and his profession or trade, if any;
2. Place of internment or confinement;
3. Specification of the charge or charges on which the prisoner of war is to be arraigned,
giving the legal provisions applicable;
4 . Designation of the court which will try the case, likewise the date and place fixed for the
opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners' representative.
If no evidence is submitted, at the opening of a trial, that the notification referred to above was
received by the Protecting Power, by the prisoner of war and by the prisoners' representative
concerned, at least three weeks before the opening of the trial, then the latter cannot take place
and must be adjourned.
ARTICLE 105
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defense 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 defense.
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 defense.
The advocate or counsel conducting the defense 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 defense 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 defense, 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 defense 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.
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ARTICLE 106
Every prisoner of war shall have, in the same manner as the members of the armed forces of the
Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a
view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully
informed of his right to appeal or petition and of the time limit within which he may do so.
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 summary communication, which shall also indicate
whether he has the right of appeal with a view to the quashing of the sentence or the reopening
of the trial. This communication shall likewise be sent to the prisoners' representative concerned.
It shall also be sent to the accused prisoner of war in a language he understands, if the sentence
was not pronounced in his presence. The Detaining Power shall also immediately communicate
to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of
war in the first instance is a death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication containing:
1. The precise wording of the finding and sentence;
2. A summarized report of any preliminary investigation and of the trial, emphasizing in
particular the elements of the prosecution and the defense;
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 armed forces of the Detaining Power. These conditions shall in all cases conform to the
requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be confined in
separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain
the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they
shall be entitled to receive and dispatch 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.
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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 endeavor, 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 permanently diminished.
The following may be accommodated in a neutral country:
1. Wounded and sick whose recovery may be expected within one year of the date of the
wound or the beginning of the illness, if treatment in a neutral country might increase the
prospects of a more certain and speedy recovery.
2. Prisoners of war whose mental or physical health, according to medical opinion, is seriously
threatened by continued captivity, but whose accommodation in a neutral country might
remove such a threat.
The conditions which prisoners of war accommodated in a neutral country must fulfil in order to
permit their repatriation shall be fixed, as shall likewise their status, by agreement between the
Powers concerned. In general, prisoners of war who have been accommodated in a neutral
country, and who belong to the following categories, should be repatriated:
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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 concerned, to
determine the cases of disablement or sickness entailing direct repatriation or accommodation in
a neutral country, such cases shall be settled in accordance with the principles laid down in the
Model Agreement concerning direct repatriation and accommodation in neutral countries of
wounded and sick prisoners of war and in the Regulations concerning Mixed Medical
Commissions annexed to the present Convention.
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 endeavor 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 giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing categories may nevertheless
present themselves for examination by Mixed Medical Commissions, but shall be examined only
after those belonging to the said categories.
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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.
ARTICLE 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for
repatriation or for accommodation in a neutral country, may be kept back on the plea that he has
not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or conviction and who are
designated for repatriation or accommodation in a neutral country, may benefit by such
measures before the end of the proceedings or the completion of the punishment, if the Detaining
Power consents.
Parties to the conflict shall communicate to each other the names of those who will be detained
until the end of the proceedings or the completion of the punishment.
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.
ARTICLE 117
No repatriated person may be employed on active military service.
SECTION II RELEASE AND REPATRIATION OF PRISONERS OF WAR
AT THE CLOSE OF HOSTILITIES
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.
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The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between
the Detaining Power and the Power on which the prisoners depend. This apportionment shall be
carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall
bear the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport
of prisoners of war over its own territory as far as its frontier or its port of embarkation
nearest to the territory of the Power on which the prisoners of war depend. The Parties
concerned shall agree between themselves as to the equitable apportionment of the remaining
costs of the repatriation. The conclusion of this agreement shall in no circumstances justify
any delay in the repatriation of the prisoners of war.
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 dispatched 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.
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SECTION III 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
honorably 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.
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A communication on this subject shall be sent immediately to the Protecting Power. Statements
shall be taken from witnesses, especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
measures for the prosecution of the person or persons responsible.
PART V INFORMATION BUREAU 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
concerned, through the intermediary of the Protecting Powers and likewise of the Central
Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the
provisions of Article 17, the information shall include, in so far as available to the Information
Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental,
personal or serial number, place and full date of birth, indication of the Power on which he
depends, first name of the father and maiden name of the mother, name and address of the
person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned information
regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and
shall transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or
seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all inquiries sent to it
concerning prisoners of war, including those who have died in captivity; it will make any
inquiries 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.
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The Information Bureau shall furthermore be charged with collecting all personal valuables,
including sums in currencies other than that of the Detaining Power and documents of
importance to the next of kin, left by prisoners of war who have been repatriated or released, or
who have escaped or died, and shall forward the said valuables to the Powers concerned. Such
articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements
giving clear and full particulars of the identity of the person to whom the articles belonged, and
by a complete list of the contents of the parcel. Other personal effects of such prisoners of war
shall be transmitted under arrangements agreed upon between the Parties to the conflict
concerned.
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 Bureau 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.
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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 labor,
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 programs 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
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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 defense,
which shall not be less favorable 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: willful
killing, torture or inhuman treatment, including biological experiments, willfully 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 willfully 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.
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SECTION II FINAL PROVISIONS
ARTICLE 133
The present Convention is established in English and in French. Both texts are equally
authentic. The Swiss Federal Council shall arrange for official translations of the Convention to
be made in the Russian and Spanish languages.
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.
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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 fulfill 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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SECTION II. GENEVA CONVENTIONS RELATIVE TO THE PROTECTION OF
CIVILIAN PERSONS IN TIME OF WAR (FOURTH GENEVA CONVENTION)
The following excerpted articles from the Geneva Conventions contain requirements concerning
the treatment of civilians during time of war. Violations of these articles can constitute war
crimes and should be treated as such.
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 peacetime, 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;
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(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
Persons protected by the Convention are those who, at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the
conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it.
Nationals of a neutral State who find themselves in the territory of a belligerent State, and
nationals of a co-belligerent State, shall not be regarded as protected persons while the State of
which they are nationals has normal diplomatic representation in the State in whose hands they
are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva
Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment
of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the
meaning of the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual
protected person is definitely suspected of or engaged in activities hostile to the security of the
State, such individual person shall not be entitled to claim such rights and privileges under the
present Convention as would, if exercised in the favour of such individual person, be prejudicial
to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as
a person under definite suspicion of activity hostile to the security of the Occupying Power, such
person shall, in those cases where absolute military security so requires, be regarded as having
forfeited rights of communication under the present Convention.
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In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall
not be deprived of the rights of fair and regular trial prescribed by the present Convention. They
shall also be granted the full rights and privileges of a protected person under the present
Convention at the earliest date consistent with the security of the State or Occupying Power, as
the case may be.
Article 25
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be
enabled to give news of a strictly personal nature to members of their families, wherever they
may be, and to receive news from them. This correspondence shall be forwarded speedily and
without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family
correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral
intermediary, such as the Central Agency provided for in Article 140, and shall decide in
consultation with it how to ensure the fulfillment of their obligations under the best possible
conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion
and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions
shall be confined to the compulsory use of standard forms containing twenty-five freely chosen
words, and to the limitation of the number of these forms dispatched to one each month.
PART III
STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I
PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for their persons, their honour,
their family rights, their religious convictions and practices, and their manners and customs.
They shall at all times be humanely treated, and shall be protected especially against all acts of
violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against
rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected
persons shall be treated with the same consideration by the Party to the conflict in whose power
they are, without any adverse distinction based, in particular, on race, religion or political
opinion.
However, the Parties to the conflict may take such measures of control and security in regard to
protected persons as may be necessary as a result of the war.
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Article 28
The presence of a protected person may not be used to render certain points or areas immune
from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be is responsible for the
treatment accorded to them by its agents, irrespective of any individual responsibility which may
be incurred.
Article 30
Protected persons shall have every facility for making application to the Protecting Powers, the
International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and
Sun) Society of the country where they may be, as well as to any organization that might assist
them.
These several organizations shall be granted all facilities for that purpose by the authorities,
within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International
Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers
shall facilitate as much as possible visits to protected persons by the representatives of other
organizations whose object is to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular
to obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is prohibited from taking any
measure of such a character as to cause the physical suffering or extermination of protected
persons in their hands. This prohibition applies not only to murder, torture, corporal
punishment, mutilation and medical or scientific experiments not necessitated by the medical
treatment of a protected person but also to any other measures of brutality whether applied by
civilian or military agents.
Article 33
No protected person may be punished for an offence he or she has not personally committed.
Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
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Article 34
The taking of hostages is prohibited.
SECTION II
ALIENS IN THE TERRORITY OF A PARTY TO THE CONFLICT
Article 41
Should the Power in whose hands protected persons may be consider the measures of control
mentioned in the present Convention to be inadequate, it may not have recourse to any other
measure of control more severe than that of assigned residence or internment, in accordance
with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to
leave their usual places of residences by virtue of a decision placing them in assigned residence
elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare
set forth in Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be ordered only if the
security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands
internment, and if his situation renders this step necessary, he shall be interned by the Power in
whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence shall be entitled to
have such action reconsidered as soon as possible by an appropriate court or administrative
board designated by the Detaining Power for that purpose. If the internment or placing in
assigned residence is maintained, the court or administrative board shall periodically, and at
least twice yearly, give consideration to his or her case, with a view to the favourable amendment
of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible,
give the Protecting Power the names of any protected persons who have been interned or
subjected to assigned residence, or who have been released from internment or assigned
residence. The decisions of the courts or boards mentioned in the first paragraph of the present
Article shall also, subject to the same conditions, be notified as rapidly as possible to the
Protecting Power.
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Article 44
In applying the measures of control mentioned in the present Convention, the Detaining Power
shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy
State, refugees who do not, in fact, enjoy the protection of any government.
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Appendix B
Source and Information Reliability Matrix
SOURCE RELIABILITY
B-1. Reliability ratings range from “Reliable” (A) to “Unreliable” (E) as shown
in Table B-1. In every instance the rating is based on previous reporting
from that source. If there has been no previous reporting, the source must be
rated as “F”.
[NOTE: An “F” rating does not necessarily mean that the
source cannot be trusted, but that there is no reporting history and therefore
no basis for making a determination.]
Table B-1. Evaluation of Source Reliability.
A
Reliable
No doubt of authenticity, trustworthiness, or
competency; has a history of complete reliability
B
Usually Reliable
Minor doubt about authenticity, trustworthiness,
or competency; has a history of valid information
most of the time
C
Fairly Reliable
Doubt of authenticity, trustworthiness, or
competency but has provided valid information in
the past
D
Not Usually
Significant doubt about authenticity,
Reliable
trustworthiness, or competency but has provided
valid information in the past
E
Unreliable
Lacking in authenticity, trustworthiness, and
competency; history of invalid information
F
Cannot Be
No basis exists for evaluating the reliability of the
Judged
source
INFORMATION CONTENT
B-2. The highest degree of confidence in reported information is given to that
which has been confirmed by outside sources, “1”. Table B-2 shows evalua-
tion of information content. The degree of confidence decreases if the
information is not confirmed, and/or does not seem to make sense. The
lowest evaluated rating of “5” means that the information is considered to be
false.
[NOTE: A rating of “6” does not necessarily mean false information,
but is generally used to indicate that no determination can be made since the
information is completely new.]
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Table B-2. Evaluation of Information Content.
1
Confirmed
Confirmed by other independent sources;
logical in itself; Consistent with other
information on the subject
2
Probably True
Not confirmed; logical in itself; consistent with
other information on the subject
3
Possibly True
Not confirmed; reasonably logical in itself;
agrees with some other information on the
subject
4
Doubtfully True
Not confirmed; possible but not logical; no
other information on the subject
5
Improbable
Not confirmed; not logical in itself;
contradicted by other information on the
subject
6
Cannot Be
No basis exists for evaluating the validity of the
Judged
information
B-2
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Appendix C
Pre-Deployment Planning
HUMINT leaders must anticipate, identify, consider, and evaluate all
potential threats. They must take advantage of enhanced information flow
through hierarchical and nonhierarchical networks
(computer,
communications, and personnel). HCTs should--
•
Review available databases on assigned contingency AOIs; review
existing IPB products, conduct IPB on these AOIs; and develop
appropriate IPB products. Information on databases created for
specific contingencies can be gotten from the J2X.
•
Continually monitor and update their OPLANs to reflect the evolving
situation.
•
Be aware of higher headquarters SOPs and DIA manuals for specific
ISR management guidance.
•
Prepare and practice an intelligence “surge” on likely contingency
crises.
•
Prepare and practice coordination from pre-deployment through
redeployment with personnel from HUMINT, IMINT, MASINT,
SIGINT, CA, PSYOP, SOF units, MP, and Engineers.
•
Plan for requirements to support
24-hour operations: automation,
communications capacity, and personnel necessary to provide
continuous intelligence information collection and RM, processing, and
reporting.
•
Plan and coordinate for linguistic support.
•
Forward all RFIs to higher headquarters in accordance with SOPs.
•
Prepare and practice coordination with units they will support during
pre-deployment exercises. Liaison must be conducted with
commanders, S2s, administrative support personnel, logistical support
personnel, communications personnel, and others. Obtain supported
unit’s briefing slide formats.
•
Obtain copies of the supported unit’s SOPs and ensure all team
members are aware of the procedures governing HUMINT interface.
•
Ensure that team data processing equipment is compatible with the
supported unit’s network structure and that appropriate interfaces are
available.
•
Exercise unit deployment SOPs, load plans, and packing lists.
Helpful Unclassified Links:
Service home page.
Department of Commerce.
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