Dus2052 E - Geneva Convention 3

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

Part I : General Provisions • - Art 1 – Parties to undertake to respect the Convention • - Art 2 – Provisions to be implemented in peace time as well as in war • - Art 3 – In case of armed conflict not of international character prescribed minimum provisions should be applied • - Art 4 – Prisoners of war are persons as categorized in the prescribed list • - Art 5 – The Convention is applicable to those mentioned in Art 4 from their capture to their release • - Art 6 – The parties may make additional agreements as regards prisoners of war. They must not adversely affect existing rights

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- Art 7 – Prisoners of war may not renounce their rights under this Convention - Art 8 – The Convention is to be applied with cooperation and under the scrutiny of the Protecting Power - Art 9 – The provisions of the Convention constitute no obstacles to ICRC or other impartial humanitarian organizations to undertake their tasks - Art 10 – The parties may entrust impartial organizations to perform duties incumbent upon Protecting Powers - Art 11 – In case of disagreement between parties to the conflict, the Protecting Power shall lend its good office to settle the disagreement

Part II : General Protection of Prisoners of War • - Art 12 – Prisoners of war are in the hands of enemy power and not individual units that captured them • - Art 13 – Prisoners of war are to be humanely treated at all times • - Art 14 – There are entitled to respect of their persons and honor • - Art 15 – The Detaining Power shall provide free medical and health care for the prisoners of war • - Art 16 – Privileged treatment may be given on accounts rank, sex, health or professional qualifications. No distinction to be made on race, religion, nationality or similar criteria

Part III : Captivity Section I – Beginning of Captivity • - Art 17 – Every prisoner of war is bound to give only his name, rank, birth date, and regimental number • - Art 18 – Prisoners of war are to be allowed to keep their personal effects, keep their identity documents at all times and maintain their badges of rank and nationality • - Art 19 – The prisoners of war shall be evacuated from the combat zone as soon as possible after their capture • - Art 20 – The evacuation of prisoners of war must be humanely effected

Section II – Internment of Prisoners of War Chapter I – General Observations • - Art 21 – The Detaining Power may subject prisoners of war to internment. They may not be held in close confinement except for health reasons • - Art 22 – Prisoners of war may only be interned on land with guarantee of good hygiene and healthfulness • - Art 23 – No prisoner of war is to be sent or detained in dangerous or combat zone. They should be provided with shelter against bombardment. The camps where possible are to be marked PW or PG • - Art 24 – Similar facilities is to be provided at transit or screening camps

Chapter II - Quarters, Food and Clothing of Prisoners of War • - Art 25 – Prisoners of war are to be quartered in condition as favorable as armed forces of the Detaining Power. Women are to be quartered separately • - Art 26 – The basic daily ration and drinking water are to be of sufficient quantity, quality and variety; and taking into consideration the prisoners’ habitual diet • - Art 27 – Clothing, underwear and footwear shall be supplied in sufficient quantity. Appropriate work clothing must be provided if they are required to do work. • - Art 28 – Canteens shall be installed in camps. The tariff must not be higher than the local market

Chapter III – Hygiene and Medical Attention • - Art 29 – The Detaining Power are to take sanitary measures necessary to maintain cleanliness and healthfulness. Separate facilities are to be provided for women • - Art 30 – Every camp must have adequate infirmary for prisoners to receive medical treatment. Prisoners are not to be prohibited from seeking medical examinations. Cost of the facilities are to be borne by Detaining Power • - Art 31 – Medical inspection on prisoners of war must be conducted at least once a month • - Art 32 – Prisoners of war who are qualified medical personnel may be required to perform medical duties. They will still be prisoners of war but will be accorded treatment as per given to medical personnel

Chapter IV – Medical Personnel and Chaplains Retained to Assist Prisoners of War • - Art 33 – Medical personnel and chaplains while retained for their professional purpose shall not be considered as prisoners of war

Chapter V – Religious, Intellectual and Physical Activities • - Art 34 – Prisoners of war are free to practice their religions so long as they comply with the disciplinary routine of the camp • - Art 35 – Chaplains retained or remained under enemy Power shall be allowed to exercise their ministry with a view to assisting prisoners of war • - Art 36 – Prisoners of war who are ministers of religion but not officially appointed in their armed forces as chaplains are free perform their tasks. They shall be treated as other chaplains • - Art 37 – In the absence of retained chaplains, prisoner of war minister or qualified layman the Detaining Power at the request of prisoners must take steps to fill this post • - Art 38 – The prisoners of war must be encouraged to take part in recreational and intellectual pursuits

Chapter VI – Discipline • - Art 39 – Every prisoner of war camp must be commanded by a commissioned officer. Prisoner of war must salute the officers of the Detaining Power. Officer prisoners of war must salute only officers of higher rank and the camp commander • - Art 40 – The wearing of badges of rank, nationality and decorations must be permitted • - Art 41 – A copy of this Convention its annexes and other agreements must be posted in the camp in the prisoners language. Regulations and orders must be in language understood by prisoners • - Art 42 – the use of weapons against the prisoners are prohibited and shall constitute extreme measures. They must be preceded by warnings

Chapter VII – Rank of Prisoners of War • - Art 43 – At outbreak of hostilities parties are to communicate the titles and ranks of their armed forces to facilitate proper treatment. Promotions accorded must be communicated to Detaining Power • - Art 44 – Officers and prisoners of equivalent status shall be treated with the regard to their rank and age. They are to be allowed to administer their mess • - Art 45 – Prisoners of war other than officers and prisoners of equivalent status shall be treated with regard to their rank and age. They are to be allowed to administer their mess

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- Art 46 – The Detaining Power in transferring prisoners must take into account the interests, comfort and well being of the prisoner • - Art 47 – Sick and wounded prisoner of war shall not be transferred if it would be detrimental to their recovery • - Art 48 – In the event of transfer the prisoners of war will be officially advise to facilitate their packing and notification of change of address to their families. The cost of transfer is to be borne by Detaining Power

Section III : Labor of Prisoners of War • - Art 49 – Detaining Power may utilize the labor of Prisoners of war taking into account their age, sex, rank, aptitude, fitness and state of health. NCOs are to do supervisory work. Officers may be given suitable work but are not compelled to work • - Art 50 – Beside camp administration, installation or maintenance prisoners of war may be asked to do the prescribed listed work • - Art 51 – Prisoners of war must be granted suitable working conditions as regards accommodation, food, clothing and equipment • - Art 52 – Unless he volunteers prisoners of war may not be employed on dangerous or unhealthy labor

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- Art 53 – The duration of labor including journey must not exceed those civilian workers in the district. They must be allowed minimum of one hour rest daily and one off day per week and eight off days per year of working - Art 54 – The working pay shall be fixed as per prescribed in Art 62 - Art 55 – The fitness of prisoners of war must be verified by medical check-ups at least once a month - Art 56 – The organization and administration of labor detachment shall be similar to that of prisoner of war camps - Art 57 – Treatment of prisoners of war working for private persons shall not be inferior to which provided for by the Convention

Section IV : Financial Resources of Prisoners of War • - Art 58 – On outbreak of hostilities Detaining Power may determine the amount to be kept by the prisoners. Excess amount will be kept in their account. Prisoners are allowed to purchase items or service from outside the camp with the permission of the camp administrator • - Art 59 - Cash which was taken from prisoners of war at the time of their capture, in the currency of the Detaining Power, shall be placed in separate accounts • - Art 60 - The Detaining Power shall grant all prisoners of war a monthly advance of pay at the prescribed rate according to their ranks. Subject to agreement the amount may be modified if it is unduly high or might embarrass the Detaining Power

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- Art 61 – The Detaining Power may accept for distribution supplementary pay forwarded to the prisoners by their Depending Power • - Art 62 – Prisoners must be paid a fair working rate not less a quarter of a Swiss Franc per day. • - Art 63 – Prisoners of war are to be permitted to receive remittances of money individually or collectively • - Art 64 – The Detaining Power shall hold an account on each prisoner of war showing the prescribed details

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- Art 65 – Every item entered into prisoner of war account must be countersigned or initialed by him or his representative • - Art 66 – On termination of captivity the Detaining Power shall give him a statement showing balance due to him • - Art 67 – Advances of pay issued in conformity with Art 60 shall be considered as made on behalf of his Depending Power • - Art 68 – Any claim in respect of injury or disability shall be made through his Depending Power through Protecting Power

Section V : Relations of Prisoners of War With the Exterior • - Art 69 - When a prisoner is detained, the Detaining Power shall inform the prisoner’s Detaining Power through the Protecting Power of the measures taken in compliance with the Convention • - Art 70 – Within a week of his capture a prisoner is to be allowed to write to his family. A card (as sample given) is also to be forwarded to Central Prisoners of War Agency to notify his family • - Art 71 – Prisoners of war are to be allowed to send letters and cards with the minimum can be set at two letters and four cards monthly. Section V : Relations of Prisoners of War With the Exterior two letters and four cards monthly. • - Art 72 – Prisoners are allowed to receive parcels by post or other means

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- Art 73 – In the absence of special agreement the arrangement for collective relief shipment is to be carried out as prescribed in the Annex of the Convention - Art 74 – All relief shipments are to be exempt from import, customs and other dues - Art 75 – Should military operations hinder the shipment of items to prisoners of war the Protecting Power and ICRC or other organizations may undertake the task - Art 76 – The censoring of Prisoners of war correspondence may only be done once each by the dispatching state and the receiving state - Art 77 – The Detaining Power shall provide facilities for transmission of papers, document, power of attorney and wills dispatched by the prisoners

Section VI : Relations between Prisoners of War and the Authorities Chapter I : Complaints of Prisoners of War and the Authorities - Art 78 – Prisoners have right to inform the military of the Detaining Power their requests pertaining their condition in captivity

Chapter II : Prisoner of War Representatives • - Art 79 – Except where all prisoners are officers, prisoners of war shall be free to elect their representatives by secret ballots every six months. The representatives are eligible for reelection. • - Art 80 – Prisoners of war representatives shall further the overall well being of the prisoners • - Art 81 – Prisoners of war representatives shall not be required to perform other duties if it hinders the functioning of his tasks

Chapter III : Penal and Disciplinary Sanctions I. General Provisions • - Art 82 – Prisoners of war are subject to the armed forces law of the Detaining Power. Limited by provisions of the Convention • - Art 83 – In disciplinary matters the Detaining Power is to exercise leniency and to apply disciplinary rather than judicial measures • - Art 84 – A prisoner of war is to be tried by military court only and be guaranteed fairness

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- Art 85 – Prisoner of war prosecuted for offences prior to his capture shall retain the benefit of his prisoner of war status • - Art 86 – They cannot be punished twice for the same offence • - Art 87 – The sentence meted out must be similar to those provided for members of the Detaining Power’s armed forces. Cruel or inhuman punishments are not permitted • - Art 88 – Judicial or disciplinary punishment must not be more severe than normally imposed on members of Detaining Power armed forces

II. Disciplinary Sanction • - Art 89 – Disciplinary punishments applicable to prisoners of war are listed as prescribed. They shall not be cruel or inhuman • - Art 90 – Duration of any punishment shall not exceed thirty days. Period of detention prior to the trial is to be deducted from the sentence. For execution of consecutive punishments of ten days or more, a lapse of two days is to be observed • - Art 91 – A prisoner is deemed to have escaped if he has joined the armed forces of his Depending Power or its ally, left the territory of the Detaining Power or its ally, or joined the ship of his Depending Power

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- Art 92 – A prisoner who attempts to escape and captured before he made good his attempt shall be liable to disciplinary punishment even if it is repeatedly done • - Art 93 – Escape or attempt to escape shall not be aggravating factor in judicial proceedings against the prisoner • - Art 94 – If an escaped prisoner of war is captured his depending power shall be informed provided the notification of his escape has been made • - Art 95 – A prisoner of war pending his disciplinary hearing shall not be kept in confinement unless it is essential to camp order and discipline

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- Art 96 – Disciplinary offences shall be investigated immediately • - Art 97 – Prisoners of war shall not be sent to prison or other institutions to undergo disciplinary punishment. They shall be separately accommodated based on their rank status. • - Art 98 – Prisoners undergoing confinement as disciplinary punishment shall not lose benefits of privileges provided by the Convention and prerogatives attached to his rank

III. Judicial Proceedings • - Art 99 – No prisoner of war is to be sentenced for offences not violating the existing laws of Detaining Power or international law. They shall not be forced to plead guilty for the offences they were charged • - Art 100 – Prisoners of war and the Protecting Power shall be informed of the offences which are punishable by death • - Art 101 – If death sentence is pronounced the execution shall be at least after six month of the Protecting Power being informed • - Art 102 – A sentence on a prisoner of war is valid if it is carried out by adopting the same procedure applied to the members of the Detaining Power armed forces and according to the Convention • - Art 103 – Judicial investigation and trial for prisoner of war must be carried out as soon as possible and he shall not be confined during the period unless the law applied to Detaining Power armed forces allows it

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- Art 104 – The Detaining Power shall notify the Protecting Power of the judicial proceeding against the prisoner three weeks prior to the trial informing them the prescribed details - Art 105 – The prisoner of war is entitled to assistance in conducting his defence and if necessary an interpreter - Art 106 – The prisoner has the right to appeal as granted to members of the Detaining Power’s members of the armed forces - Art 107 – Sentence and judgment passed on the prisoner of war shall be immediately notified to the Protecting Power - Art 108 – Sentence passed shall be served in the same establishment and in the same condition as in the case of the members of the Detaining Power’s armed forces

Part IV : Termination of Captivity Section I : Direct Repatriation and Accommodation in Neutral Countries • - Art 109 – Parties to the conflict re bound to send back the seriously wounded prisoners of war unless the prisoners themselves disagree • - Art 110 – Prisoners of war shall be repatriated or accommodated in a neutral country subject to the prescribed conditions • - Art 111 – The Detaining Power, the prisoners’ Protecting Power and the neutral Power agreed upon by both parties shall endeavor to conclude agreements as regards internment of prisoners in the neutral country • - Art 112 – At the break of hostilities Mixed Medical Commissions shall be established to review cases on the sick and wounded. They shall work in conformity with the Convention

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- Art 113 – Prisoners of war are entitled to be examined by Mixed Medical Commissions if they fall under the prescribed category of wounded and sick - Art 114 – Prisoners of war who meet with accidents shall have the benefit of being repatriated or accommodation in neutral country - Art 115 – Prisoners of war on disciplinary punishment may not be held back for repatriation or accommodation in neutral country. Those on judiciary punishment may be release on consent of the Detaining Power - Art 116 – The cost of repatriation or transportation to neutral country shall be borne by the Depending Power of the prisoners - Art 117 – Repatriated prisoners may not be employed on active military service

• Section II : Release and Repatriation of Prisoners of War at the Close of Hostilities • - Art 118 – Prisoners of war shall be released and repatriated at the end of active hostilities • - Art 119 – Repatriation shall be in condition stipulated by the Convention. Prisoners shall be allowed to bring along their personal effects and money

Section III : Death of Prisoners of War • - Art 120 – Wills of prisoner shall be drawn and be transmitted to protecting Power if requested by the prisoner, or on his death • - Art 121 – Death or injury of prisoners of war caused by others shall be investigated by Detaining Power and the result communicated to Protecting Power. Detaining Power shall take measures to punish the person responsible

Part V : Information Bureaux and Relief Societies for Prisoners of War • - Art 122 – Upon the outbreak of the hostilities each party is to establish and information bureau. Neutral and non belligerent power may also do the same • - Art 123 – A Central Prisoner of War Agency shall be created in neutral country. The ICRC may make this proposal if necessary • - Art 124 – The National Information Bureaux and the Central Prisoner of War Agency shall enjoy free postage and exemption or reduced rate for telegraphic transfers • - Art 125 – Subject to essential security measures, representatives of religious, relief or other organizations may distribute supplies or materials for prisoners of war for recreational, religious or educational purposes

Part VI : Execution of the Convention Section I : General Provisions • - Art 126 – Representatives of the Protecting Power has the right to visit prisoners of war, check their conditions and interview them without witness. Similar right applies to ICRC • - Art 127 – Parties to the Convention shall disseminate the text of the Convention as widely as possible • - Art 128 – During hostilities the parties shall communicate to each other the laws and regulations they have adopted to ensure the application of the Convention

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- Art 129 – The parties shall enact legislation to provide penal sanctions for those committing grave breaches of the Convention • - Art 130 – Grave breaches of the Convention include; killing, torture or inhuman treatment including biological experiments, causing suffering or bodily injury, compelling them to serve in the forces of hostile power and denying them of fair trial • - Art 131 – No party can absolve itself of any liability arising from breaches of the above Article • - Art 132 – An enquiry shall be instituted at the request of a party to the conflict for alleged violation of the Convention

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- Art 133 – The Convention is established in English and French. Both versions are authentic - Art 134 – This Convention replaces the Convention of 1929 - Art 135 – For parties of Hague 1899 and 1907 Conventions, this Convention shall be complementary to the Regulations annexed to Chapter II - Art 136 – This Convention is open to signature until 12 February 1950 - Art 137 – This Convention shall be ratified as soon as possible and be deposited at Berne

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- Art 138 – This Convention shall be in force six month after two ratifications received. It shall be in force for contracting parties six months after they ratified - Art 139 – The Convention is open to all Powers to accede when it comes into force - Art 140 – Accession is to be notified to Swiss Federal Council and shall take effect six months after it is received - Art 141 – In the event of outbreak of hostilities the ratifications will take immediate effect - Art 142 – Parties are at liberty to denounce the Convention - Art 143 – The Convention shall be deposited at the Secretariat of the United Nations by the Swiss Federal Council