The International Committee of the Red Cross international humanitarian law - treaties and documents, available at icrc.org. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. Article 55 [Occupational Accidents and Disease]. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: 1. Members of other militias and members or other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; If for any reason the International Committee of the Red Cross cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the prisoners of war to be examined. 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. The 1949 version of the Geneva Convention ("Convention (III) relative to the Treatment of Prisoners of War. They shall similarly facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases. Text of the Second Geneva Convention> The Third Geneva Convention applies to prisoners of war. The GENEVA CONVENTION on Prisoners of War, 1949: contains the following important provisions relating to the treatment of prisoners of war: It is clear from the above provisions that these rules are made to ensure good treatment towards the prisoners of war. In the course of World War I they revealed several deficiencies as well as a lack of precision. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. The reasons for any limitations will be given without delay to the Protecting Power. Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment. (2) All organic or functional nervous affections considered to be incurable. 73 Terms. 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. "Geneva Convention on Prisoners of War"1929, Learn how and when to remove this template message, Treaty on the Final Settlement with Respect to Germany, Geneva Convention on the Wounded and Sick (1929), "Treaties, States parties, and Commentaries - Geneva Convention on Prisoners of War, 1929", Convention relative to the Treatment of Prisoners of War, "Laws of War on Land (Hague IV); October 18, 1907", Commentaries on the Convention (III) relative to the Treatment of Prisoners of War, "Convention relative to the Treatment of Prisoners of War. The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession. 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 shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. The regular replacement and repair of the above articles shall be assured by the Detaining Power. Knoll, et al (1970). 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. Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Please add lawcorner.in to your ad blocking whitelist or disable your adblocking software. All written communications made by the Bureau shall be authenticated by a signature or a seal. The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Article 107 [Notification of Findings and Sentence]. The conventions ensure that warring parties conduct themselves in a humane way with -. The punishment referred to under (3) shall not be applied to officers. 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. Such transport may also be used to convey: (a) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122; Section III: Death of Prisoners of War Complaints of Prisoners of War Respecting the Conditions of Captivity. Why are medical personnel treated as prisoners of war? 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. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Prisoners may not be used as human shields by being sent to an area where they would be exposed to the fire of the fighting zone or be employed to render by their presence certain points or areas immune from bombardment. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); (vitag.Init = window.vitag.Init || []).push(function(){viAPItag.display("vi_1872479435")}), 2022 Law Corner (Unit of Capito Legal LLP) | All Rights Reserved, Thelaw of war consist of the limits set up by the, International Law within which the force required to overpower, the enemy is used and the principles thereunder, governing the individual in the course of war and armed, The objective of the law of war is to limit the sufferings and, pain of people who are involved in war and also to limit, That is why the laws of war are often called the, In the absence of the laws of war, probably the, cruelty and sufferings of people would have no, Just to minimise the suffering, pain and horrific condition, down the following provision which set up the rules or, Prisoners of War, 1949: contains the following important provisions relating to the, The prisoners of war must all time be treated humanly, treated. Is it a violation of the Geneva Convention for a belligerent country to broadcast pictures of POWs, such as Iraq did with US POWs in 2003? Medical supplies shall, as a rule, be sent in collective parcels. Chief among the nations that did not adhere to the Geneva Convention of 1929 were Japan and the USSR. The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the prisoners' representatives. Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. The story of the modern rules of war began on the fields surrounding the Italian village of Solferino. (c) outrages upon personal dignity, in particular humiliating and degrading treatment; There have been several Geneva Conventions attempting to limit the horrors of war. (c) The amount to be so paid in the currency of the country in which he is detained. 1. 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. 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. 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. 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. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. The National WWII Museum, 2011.542.051. 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. Department of the Navy. A. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. All precautions must be taken against the danger of fire. 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. Such defects were partly overcome by special agreements made between belligerents in Berne in 1917 and 1918. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply. 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. 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. 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. Law of Naval Warfare, NWIP 10-2. The second convention dealt with wounded or shipwrecked POWs and the third, the subject matter of this article, on prisoners of war. The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the prisoners' representative holding the keys of one lock and the camp commander the keys of the other. Date: (d) Deformities due to fracture or other injury which seriously interfere with function and weight-bearing power. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. 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. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial. 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. Article 121 [Prisoners Killed or Injured in Special Circumstances]. P.W. 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; (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. No pressure shall be exercised on prisoners to obtain information regarding the situation in their armed forces or their country.
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