Adopted on
International Conventions for the Protection of
Victims of War, held in Geneva
from 21 April to
PART I
GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to
respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall
be implemented in peace time, the present Convention shall apply to all cases
of declared war or of any other armed conflict which may arise between two or
more of the High Contracting Parties, even if the state of war is not
recognized by one of them.
The Convention shall also apply to all
cases of partial or total occupation of the territory of a High Contracting
Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may
not be a party to the present Convention, the Powers who are parties thereto
shall remain bound by it in their mutual relations. They shall furthermore be
bound by the Convention in relation to the said Power, if the latter accepts
and applies the provisions thereof.
Article 3
In the case of armed conflict not of an
international character occurring in the territory of one of the High
Contracting Parties, each party to the conflict shall be bound to apply, as a
minimum, the following provisions:
1. Persons taking no active part in the
hostilities, including members of armed forces who have laid down their arms
and those placed hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any adverse
distinction founded on race, colour, religion or faith, sex, birth or wealth,
or any other similar criteria.
To this end the following acts are and
shall remain prohibited at any time and in any place whatsoever with respect to
the above-mentioned persons:
(a) Violence to life and person, in
particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in
particular, humiliating and degrading treatment;
(d) The passing of sentences and the
carrying out of executions without previous judgment pronounced by a regularly
constituted court affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.
2. The wounded and sick shall be collected
and cared for.
An impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its services to the Parties
to the conflict.
The Parties to the conflict should further
endeavour to bring into force, by means of special agreements, all or part of
the other provisions of the present Convention.
The application of the preceding provisions
shall not affect the legal status of the Parties to the conflict.
Article 4
A. Prisoners of war, in the sense of the
present Convention, are persons belonging to one of the following categories,
who have fallen into the power of the enemy:
1. Members of the armed forces of a Party
to the conflict as well as members of militias or volunteer corps forming part
of such armed forces.
2. Members of other militias and members of
other volunteer corps, including those of organized resistance movements,
belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or
volunteer corps, including such organized resistance movements, fulfil the
following conditions:
(a) That of being commanded by a person
responsible for his subordinates;
(b) That of having a fixed distinctive sign
recognizable at a distance;
(c) That of carrying arms openly;
(d) That of conducting their operations in
accordance with the laws and customs of war.
3. Members of regular armed forces who
profess allegiance to a government or an authority not recognized by the
Detaining Power.
4. Persons who accompany the armed forces
without actually being members thereof, such as civilian members of military
aircraft crews, war correspondents, supply contractors, members of labour units
or of services responsible for the welfare of the armed forces, provided that
they have received authorization from the armed forces which they accompany,
who shall provide them for that purpose with an identity card similar to the
annexed model.
5. Members of crews, including masters,
pilots and apprentices, of the merchant marine and the crews of civil aircraft
of the Parties to the conflict, who do not benefit by more favourable treatment
under any other provisions of international law.
6. Inhabitants of a non-occupied territory,
who on the approach of the enemy spontaneously take up arms to resist the
invading forces, without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated
as prisoners of war under the present Convention:
1. Persons belonging, or having belonged,
to the armed forces of the occupied country, if the occupying Power considers
it necessary by reason of such allegiance to intern them, even though it has
originally liberated them while hostilities were going on outside the territory
it occupies, in particular where such persons have made an unsuccessful attempt
to rejoin the armed forces to which they belong and which are engaged in
combat, or where they fail to comply with a summons made to them with a view to
internment.
2. The persons belonging to one of the
categories enumerated in the present Article, who have been received by neutral
or non-belligerent Powers on their territory and whom these Powers are required
to intern under international law, without prejudice to any more favourable
treatment which these Powers may choose to give and with the exception of
Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic
relations exist between the Parties to the conflict and the neutral or
non-belligerent Power concerned, those Articles concerning the Protecting
Power. Where such diplomatic relations exist, the Parties to a conflict on whom
these persons depend shall be allowed to perform towards them the functions of
a Protecting Power as provided in the present Convention, without prejudice to
the functions which these Parties normally exercise in conformity with
diplomatic and consular usage and treaties.
C. This Article shall in no way affect the
status of medical personnel and chaplains as provided for in Article 33 of the
present Convention.
Article 5
The present Convention shall apply to the
persons referred to in Article 4 from the time they fall into the power of the
enemy and until their final release and repatriation.
Should any doubt arise as to whether
persons, having committed a belligerent act and having fallen into the hands of
the enemy, belong to any of the categories enumerated in Article 4, such
persons shall enjoy the protection of the present Convention until such time as
their status has been determined by a competent tribunal.
Article 6
In addition to the agreements expressly
provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110,
118, 119, 122 and 132, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect the situation
of prisoners of war, as defined by the present Convention, nor restrict the
rights which it confers upon them.
Prisoners of war shall continue to have the
benefit of such agreements as long as the Convention is applicable to them,
except where express provisions to the contrary are contained in the aforesaid
or in subsequent agreements, or where more favourable measures have been taken
with regard to them by one or other of the Parties to the conflict.
Article 7
Prisoners of war may in no circumstances
renounce in part or in entirety the rights secured to them by the present
Convention, and by the special agreements referred to in the foregoing Article,
if such there be.
Article 8
The present Convention shall be applied
with the cooperation and under the scrutiny of the Protecting Powers whose duty
it is to safeguard the interests of the Parties to the conflict. For this
purpose, the Protecting Powers may appoint, apart from their diplomatic or
consular staff, delegates from amongst their own nationals or the nationals of
other neutral Powers. The said delegates shall be subject to the approval of
the Power with which they are to carry out their duties.
The Parties to the conflict shall
facilitate to the greatest extent possible the task of the representatives or
delegates of the Protecting Powers.
The representatives or delegates of the
Protecting Powers shall not in any case exceed their mission under the present
Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties.
Article 9
The provisions of the present Convention
constitute no obstacle to the humanitarian activities which the International
Committee of the Red Cross or any other impartial humanitarian organization
may, subject to the consent of the Parties to the conflict concerned, undertake
for the protection of prisoners of war and for their relief.
Article 10
The High Contracting Parties may at any
time agree to entrust to an organization which offers all guarantees of
impartiality and efficacy the duties incumbent on the Protecting Powers by
virtue of the present Convention.
When prisoners of war do not benefit or
cease to benefit, no matter for what reason, by the activities of a Protecting
Power or of an organization provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged
accordingly, the Detaining Power shall request or shall accept, subject to the
provisions of this Article, the offer of the services of a humanitarian
organization, such as the International Committee of the Red Cross, to assume
the humanitarian functions performed by Protecting Powers under the present
Convention.
Any neutral Power or any organization
invited by the Power concerned or offering itself for these purposes, shall be
required to act with a sense of responsibility towards the Party to the
conflict on which persons protected by the present Convention depend, and shall
be required to furnish sufficient assurances that it is in a position to
undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions
shall be made by special agreements between Powers one of which is restricted,
even temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the whole, or a substantial
part, of the territory of the said Power is occupied.
Whenever in the present Convention mention
is made of a Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.
Article 11
In cases where they deem it advisable in
the interest of protected persons, particularly in cases of disagreement
between the Parties to the conflict as to the application or interpretation of
the provisions of the present Convention, the Protecting Powers shall lend their
good offices with a view to settling the disagreement.
For this purpose, each of the Protecting
Powers may, either at the invitation of one Party or on its own initiative,
propose to the Parties to the conflict a meeting of their representatives, and
in particular of the authorities responsible for prisoners of war, possibly on
neutral territory suitably chosen. The Parties to the conflict shall be bound
to give effect to the proposals made to them for this purpose. The Protecting
Powers may, if necessary, propose for approval by the Parties to the conflict a
person belonging to a neutral Power, or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a
meeting.
PART II
GENERAL PROTECTION OF PRISONERS OF
WAR
Article 12
Prisoners of war are in the hands of the
enemy Power, but not of the individuals or military units who have captured
them. Irrespective of the individual responsibilities that may exist, the
Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by
the Detaining Power to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability of such
transferee Power to apply the Convention. When prisoners of war are transferred
under such circumstances, responsibility for the application of the Convention
rests on the Power accepting them while they are in its custody.
Nevertheless if that Power fails to carry
out the provisions of the Convention in any important respect, the Power by
whom the prisoners of war were transferred shall, upon being notified by the
Protecting Power, take effective measures to correct the situation or shall
request the return of the prisoners of war. Such requests must be complied
with.
Article 13
Prisoners of war must at all times be
humanely treated. Any unlawful act or omission by the Detaining Power causing
death or seriously endangering the health of a prisoner of war in its custody
is prohibited, and will be regarded as a serious breach of the present
Convention. In particular, no prisoner of war may be subjected to physical
mutilation or to medical or scientific experiments of any kind which are not
justified by the medical, dental or hospital treatment of the prisoner
concerned and carried out in his interest.
Likewise, prisoners of war must at all
times be protected, particularly against acts of violence or intimidation and
against insults and public curiosity.
Measures of reprisal against prisoners of
war are prohibited.
Article 14
Prisoners of war are entitled in all
circumstances to respect for their persons and their honour. Women shall be
treated with all the regard due to their sex and shall in all cases benefit by
treatment as favourable as that granted to men. Prisoners of war shall retain
the full civil capacity which they enjoyed at the time of their capture. The
Detaining Power may not restrict the exercise, either within or without its own
territory, of the rights such capacity confers except in so far as the
captivity requires.
Article 15
The Power detaining prisoners of war shall
be bound to provide free of charge for their maintenance and for the medical
attention required by their state of health.
Article 16
Taking into consideration the provisions of
the present Convention relating to rank and sex, and subject to any privileged
treatment which may be accorded to them by reason of their state of health, age
or professional qualifications, all prisoners of war shall be treated alike by
the Detaining Power, without any adverse distinction based on race,
nationality, religious belief or political opinions, or any other distinction
founded on similar criteria.
PART III
CAPTIVITY
SECTION I
BEGINNING OF CAPTIVITY
Article 17
Every prisoner of war, when questioned on
the subject, is bound to give only his surname, first names and rank, date of
birth, and army, regimental, personal or serial number, or failing this,
equivalent information. If he wilfully infringes this rule, he may render himself
liable to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to
furnish the persons under its jurisdiction who are liable to become prisoners
of war, with an identity card showing the owner's surname, first names, rank,
army, regimental, personal or serial number or equivalent information, and date
of birth. The identity card may, furthermore, bear the signature or the
fingerprints, or both, of the owner, and may bear, as well, any other
information the Party to the conflict may wish to add concerning persons
belonging to its armed forces. As far as possible the card shall measure 6.5 x
10 cm. and shall be issued in duplicate. The identity card shall be shown by
the prisoner of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any
other form of coercion, may be inflicted on prisoners of war to secure from
them information of any kind whatever. Prisoners of war who refuse to answer
may not be threatened, insulted, or exposed to any unpleasant or
disadvantageous treatment of any kind.
Prisoners of war who, owing to their
physical or mental condition, are unable to state their identity, shall be
handed over to the medical service. The identity of such prisoners shall be
established by all possible means, subject to the provisions of the preceding
paragraph.
The questioning of prisoners of war shall
be carried out in a language which they understand.
Article 18
All effects and articles of personal use,
except arms, horses, military equipment and military documents shall remain in
the possession of prisoners of war, likewise their metal helmets and gas masks
and like articles issued for personal protection. Effects and articles used for
their clothing or feeding shall likewise remain in their possession, even if
such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be
without identity documents. The Detaining Power shall supply such documents to prisoners
of war who possess none.
Badges of rank and nationality, decorations
and articles having above all a personal or sentimental value may not be taken
from prisoners of war.
Sums of money carried by prisoners of war
may not be taken away from them except by order of an officer, and after the
amount and particulars of the owner have been recorded in a special register
and an itemized receipt has been given, legibly inscribed with the name, rank
and unit of the person issuing the said receipt. Sums in the currency of the
Detaining Power, or which are changed into such currency at the prisoner's
request, shall be placed to the credit of the prisoner's account as provided in
Article 64.
The Detaining Power may withdraw articles
of value from prisoners of war only for reasons of security; when such articles
are withdrawn, the procedure laid down for sums of money impounded shall apply.
Such objects, likewise the sums taken away
in any currency other than that of the Detaining Power and the conversion of
which has not been asked for by the owners, shall be kept in the custody of the
Detaining Power and shall be returned in their initial shape to prisoners of
war at the end of their captivity.
Article 19
Prisoners of war shall be evacuated, as
soon as possible after their capture, to camps situated in an area far enough
from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to
wounds or sickness, would run greater risks by being evacuated than by
remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily
exposed to danger while awaiting evacuation from a fighting zone.
Article 20
The evacuation of prisoners of war shall
always be effected humanely and in conditions similar to those for the forces
of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners
of war who are being evacuated with sufficient food and potable water, and with
the necessary clothing and medical attention. The Detaining Power shall take
all suitable precautions to ensure their safety during evacuation, and shall
establish as soon as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during
evacuation, pass through transit camps, their stay in such camps shall be as
brief as possible.
SECTION II
INTERNMENT OF PRISONERS OF WAR
Chapter I
GENERAL OBSERVATIONS
Article 21
The Detaining Power may subject prisoners
of war to internment. It may impose on them the obligation of not leaving,
beyond certain limits, the camp where they are interned, or if the said camp is
fenced in, of not going outside its perimeter. Subject to the provisions of the
present Convention relative to penal and disciplinary sanctions, prisoners of war
may not be held in close confinement except where necessary to safeguard their
health and then only during the continuation of the circumstances which make
such confinement necessary.
Prisoners of war may be partially or wholly
released on parole or promise, in so far as is allowed by the laws of the Power
on which they depend. Such measures shall be taken particularly in cases where
this may contribute to the improvement of their state of health. No prisoner of
war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each
Party to the conflict shall notify the adverse Party of the laws and
regulations allowing or forbidding its own nationals to accept liberty on
parole or promise. Prisoners of war who are paroled or who have given their
promise in conformity with the laws and regulations so notified, are bound on
their personal honour scrupulously to fulfil, both towards the Power on which
they depend and towards the Power which has captured them, the engagements of
their paroles or promises. In such cases, the Power on which they depend is
bound neither to require nor to accept from them any service incompatible with
the parole or promise given.
Article 22
Prisoners of war may be interned only in
premises located on land and affording every guarantee of hygiene and
healthfulness. Except in particular cases which are justified by the interest
of the prisoners themselves, they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy
areas, or where the climate is injurious for them, shall be removed as soon as
possible to a more favourable climate.
The Detaining Power shall assemble
prisoners of war in camps or camp compounds according to their nationality,
language and customs, provided that such prisoners shall not be separated from
prisoners of war belonging to the armed forces with which they were serving at
the time of their capture, except with their consent.
Article 23
No prisoner of war may at any time be sent
to or detained in areas where he may be exposed to the fire of the combat zone,
nor may his presence be used to render certain points or areas immune from
military operations.
Prisoners of war shall have shelters
against air bombardment and other hazards of war, to the same extent as the
local civilian population. With the exception of those engaged in the
protection of their quarters against the aforesaid hazards, they may enter such
shelters as soon as possible after the giving of the alarm. Any other
protective measure taken in favour of the population shall also apply to them.
Detaining Powers shall give the Powers
concerned, through the intermediary of the Protecting Powers, all useful
information regarding the geographical location of prisoner of war camps.
Whenever military considerations permit,
prisoner of war camps shall be indicated in the day-time by the letters PW or
PG, placed so as to be clearly visible from the air. The Powers concerned may,
however, agree upon any other system of marking. Only prisoner of war camps
shall be marked as such.
Article 24
Transit or screening camps of a permanent
kind shall be fitted out under conditions similar to those described in the
present Section, and the prisoners therein shall have the same treatment as in
other camps.
Chapter II
QUARTERS, FOOD AND CLOTHING OF
PRISONERS OF WAR
Article 25
Prisoners of war shall be quartered under
conditions as favourable as those for the forces of the Detaining Power who are
billeted in the same area. The said conditions shall make allowance for the
habits and customs of the prisoners and shall in no case be prejudicial to
their health.
The foregoing provisions shall apply in
particular to the dormitories of prisoners of war as regards both total surface
and minimum cubic space, and the general installations, bedding and blankets.
The premises provided for the use of
prisoners of war individually or collectively, shall be entirely protected from
dampness and adequately heated and lighted, in particular between dusk and
lights out. All precautions must be taken against the danger of fire.
In any camps in which women prisoners of
war, as well as men, are accommodated, separate dormitories shall be provided
for them.
Article 26
The basic daily food rations shall be
sufficient in quantity, quality and variety to keep prisoners of war in good
health and to prevent loss of weight or the development of nutritional
deficiencies. Account shall also be taken of the habitual diet of the
prisoners.
The Detaining Power shall supply prisoners
of war who work with such additional rations as are necessary for the labour on
which they are employed.
Sufficient drinking water shall be supplied
to prisoners of war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible,
be associated with the preparation of their meals; they may be employed for
that purpose in the kitchens. Furthermore, they shall be given the means of
preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for
messing.
Collective disciplinary measures affecting
food are prohibited.
Article 27
Clothing, underwear and footwear shall be
supplied to prisoners of war in sufficient quantities by the Detaining Power,
which shall make allowance for the climate of the region where the prisoners
are detained. Uniforms of enemy armed forces captured by the Detaining Power
should, if suitable for the climate, be made available to clothe prisoners of
war.
The regular replacement and repair of the
above articles shall be assured by the Detaining Power. In addition, prisoners
of war who work shall receive appropriate clothing, wherever the nature of the
work demands.
Article 28
Canteens shall be installed in all camps,
where prisoners of war may procure foodstuffs, soap and tobacco and ordinary
articles in daily use. The tariff shall never be in excess of local market
prices. The profits made by camp canteens shall be used for the benefit of the
prisoners; a special fund shall be created for this purpose. The prisoners'
representative shall have the right to collaborate in the management of the
canteen and of this fund.
When a camp is closed down, the credit
balance of the special fund shall be handed to an international welfare
organization, to be employed for the benefit of prisoners of war of the same
nationality as those who have contributed to the fund. In case of a general
repatriation, such profits shall be kept by the Detaining Power, subject to any
agreement to the contrary between the Powers concerned.
Chapter III
HYGIENE AND MEDICAL ATTENTION
Article 29
The Detaining Power shall be bound to take
all sanitary measures necessary to ensure the cleanliness and healthfulness of
camps and to prevent epidemics.
Prisoners of war shall have for their use,
day and night, conveniences which conform to the rules of hygiene and are
maintained in a constant state of cleanliness. In any camps in which women
prisoners of war are accommodated, separate conveniences shall be provided for
them.
Also, apart from the baths and showers with
which the camps shall be furnished, prisoners of war shall be provided with
sufficient water and soap for their personal toilet and for washing their
personal laundry; the necessary installations, facilities and time shall be
granted them for that purpose.
Article 30
Every camp shall have an adequate infirmary
where prisoners of war may have the attention they require, as well as
appropriate diet. Isolation wards shall, if necessary, be set aside for cases
of contagious or mental disease.
Prisoners of war suffering from serious
disease, or whose condition necessitates special treatment, a surgical
operation or hospital care, must be admitted to any military or civilian
medical unit where such treatment can be given, even if their repatriation is
contemplated in the near future. Special facilities shall be afforded for the
care to be given to the disabled, in particular to the blind, and for their
rehabilitation, pending repatriation.
Prisoners of war shall have the attention,
preferably, of medical personnel of the Power on which they depend and, if
possible, of their nationality.
Prisoners of war may not be prevented from
presenting themselves to the medical authorities for examination. The detaining
authorities shall, upon request, issue to every prisoner who has undergone
treatment, an official certificate indicating the nature of his illness or
injury, and the duration and kind of treatment received. A duplicate of this
certificate shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of
any apparatus necessary for the maintenance of prisoners of war in good health,
particularly dentures and other artificial appliances, and spectacles, shall be
borne by the Detaining Power.
Article 31
Medical inspections of prisoners of war
shall be held at least once a month. They shall include the checking and the
recording of the weight of each prisoner of war. Their purpose shall be, in
particular, to supervise the general state of health, nutrition and cleanliness
of prisoners and to detect contagious diseases, especially tuberculosis,
malaria and venereal disease. For this purpose the most efficient methods
available shall be employed, e.g. periodic mass miniature radiography for the
early detection of tuberculosis.
Article 32
Prisoners of war who, though not attached
to the medical service of their armed forces, are physicians, surgeons,
dentists, nurses or medical orderlies, may be required by the Detaining Power
to exercise their medical functions in the interests of prisoners of war
dependent on the same Power. In that case they shall continue to be prisoners
of war, but shall receive the same treatment as corresponding medical personnel
retained by the Detaining Power. They shall be exempted from any other work
under Article 49.
Chapter IV
MEDICAL PERSONNEL AND CHAPLAINS
RETAINED TO ASSIST PRISONERS OF WAR
Article 33
Members of the medical personnel and
chaplains while retained by the Detaining Power with a view to assisting
prisoners of war, shall not be considered as prisoners of war. They shall,
however, receive as a minimum the benefits and protection of the present
Convention, and shall also be granted all facilities necessary to provide for
the medical care of, and religious inistration to, prisoners of war.
They shall continue to exercise their
medical and spiritual functions for the benefit of prisoners of war, preferably
those belonging to the armed forces upon which they depend, within the scope of
the military laws and regulations of the Detaining Power and under the control
of its competent services, in accordance with their professional etiquette.
They shall also benefit by the following facilities in the exercise of their
medical or spiritual functions:
(a) They shall be authorized to visit
periodically prisoners of war situated in working detachments or in hospitals
outside the camp. For this purpose, the Detaining Power shall place at their
disposal the necessary means of transport.
(b) The senior medical officer in each camp
shall be responsible to the camp military authorities for everything connected
with the activities of retained medical personnel. For this purpose, Parties to
the conflict shall agree at the outbreak of hostilities on the subject of the
corresponding ranks of the medical personnel, including that of societies
mentioned in Article 26 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12,
1949. This senior medical officer, as well as chaplains, shall have the right
to deal with the competent authorities of the camp on all questions relating to
their duties. Such authorities shall afford them all necessary facilities for
correspondence relating to these questions.
(c) Although they shall be subject to the
internal discipline of the camp in which they are retained, such personnel may
not be compelled to carry out any work other than that concerned with their
medical or religious duties.
During hostilities, the Parties to the
conflict shall agree concerning the possible relief of retained personnel and
shall settle the procedure to be followed.
None of the preceding provisions shall
relieve the Detaining Power of its obligations with regard to prisoners of war
from the medical or spiritual point of view.
Chapter V
RELIGIOUS, INTELLECTUAL AND PHYSICAL
ACTIVITIES
Article 34
Prisoners of war shall enjoy complete
latitude in the exercise of their religious duties, including attendance at the
service of their faith, on condition that they comply with the disciplinary
routine prescribed by the military authorities.
Adequate premises shall be provided where
religious services may be held.
Article 35
Chaplains who fall into the hands of the
enemy Power and who remain or are retained with a view to assisting prisoners
of war, shall be allowed to minister to them and to exercise freely their
ministry amongst prisoners of war of the same religion, in accordance with
their religious conscience. They shall be allocated among the various camps and
labour detachments containing prisoners of war belonging to the same forces,
speaking the same language or practising the same religion. They shall enjoy
the necessary facilities, including the means of transport provided for in Article
33, for visiting the prisoners of war outside their camp. They shall be free to
correspond, subject to censorship, on matters concerning their religious duties
with the ecclesiastical authorities in the country of detention and with
international religious organizations. Letters and cards which they may send
for this purpose shall be in addition to the quota provided for in Article 71.
Article 36
Prisoners of war who are ministers of
religion, without having officiated as chaplains to their own forces, shall be
at liberty, whatever their denomination, to minister freely to the members of
their community. For this purpose, they shall receive the same treatment as the
chaplains retained by the Detaining Power. They shall not be obliged to do any
other work.
Article 37
When prisoners of war have not the
assistance of a retained chaplain or of a prisoner of war minister of their
faith, a minister belonging to the prisoners' or a similar denomination, or in
his absence a qualified layman, if such a course is feasible from a
confessional point of view, shall be appointed, at the request of the prisoners
concerned, to fill this office. This appointment, subject to the approval of
the Detaining Power, shall take place with the agreement of the community of
prisoners concerned and, wherever necessary, with the approval of the local
religious authorities of the same faith. The person thus appointed shall comply
with all regulations established by the Detaining Power in the interests of
discipline and military security.
Article 38
While respecting the individual preferences
of every prisoner, the Detaining Power shall encourage the practice of
intellectual, educational, and recreational pursuits, sports and games amongst
prisoners, and shall take the measures necessary to ensure the exercise thereof
by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for
taking physical exercise, including sports and games, and for being out of doors.
Sufficient open spaces shall be provided for this purpose in all camps.
Chapter
VI
DISCIPLINE
Article 39
Every prisoner of war camp shall be put
under the immediate authority of a responsible commissioned officer belonging
to the regular armed forces of the Detaining Power. Such officer shall have in
his possession a copy of the present Convention; he shall ensure that its
provisions are known to the camp staff and the guard and shall be responsible,
under the direction of his government, for its application.
Prisoners of war, with the exception of
officers, must salute and show to all officers of the Detaining Power the
external marks of respect provided for by the regulations applying in their own
forces.
Officer prisoners of war are bound to salute
only officers of a higher rank of the Detaining Power; they must, however,
salute the camp commander regardless of his rank.
Article 40
The wearing of badges of rank and
nationality, as well as of decorations, shall be permitted.
Article 41
In every camp the text of the present
Convention and its Annexes and the contents of any special agreement provided
for in Article 6, shall be posted, in the prisoners' own language, at places
where all may read them. Copies shall be supplied, on request, to the prisoners
who cannot have access to the copy which has been posted.
Regulations, orders, notices and
publications of every kind relating to the conduct of prisoners of war shall be
issued to them in a language which they understand. Such regulations, orders
and publications shall be posted in the manner described above and copies shall
be handed to the prisoners' representative. Every order and command addressed
to prisoners of war individually must likewise be given in a language which
they understand.
Article 42
The use of weapons against prisoners of
war, especially against those who are escaping or attempting to escape, shall
constitute an extreme measure, which shall always be preceded by warnings
appropriate to the circumstances.
Chapter VII
RANK OF PRISONERS OF WAR
Article 43
Upon the outbreak of hostilities, the
Parties to the conflict shall communicate to one another the titles and ranks
of all the persons mentioned in Article 4 of the present Convention, in order
to ensure equality of treatment between prisoners of equivalent rank. Titles
and ranks which are subsequently created shall form the subject of similar
communications.
The Detaining Power shall recognize
promotions in rank which have been accorded to prisoners of war and which have been
duly notified by the Power on which these prisoners depend.
Article 44
Officers and prisoners of equivalent status
shall be treated with the regard due to their rank and age.
In order to ensure service in officers'
camps, other ranks of the same armed forces who, as far as possible, speak the
same language, shall be assigned in sufficient numbers, account being taken of
the rank of officers and prisoners of equivalent status. Such orderlies shall
not be required to perform any other work.
Supervision of the mess by the officers
themselves shall be facilitated in every way.
Article 45
Prisoners of war other than officers and
prisoners of equivalent status shall be treated with the regard due to their
rank and age.
Supervision of the mess by the prisoners
themselves shall be facilitated in every way.
Chapter VIII
TRANSFER OF PRISONERS OF WAR AFTER
THEIR ARRIVAL IN CAMP
Article 46
The Detaining Power, when deciding upon the
transfer of prisoners of war, shall take into account the interests of the
prisoners themselves, more especially so as not to increase the difficulty of
their repatriation.
The transfer of prisoners of war shall
always be effected humanely and in conditions not less favourable than those
under which the forces of the Detaining Power are transferred. Account shall
always be taken of the climatic conditions to which the prisoners of war are
accustomed and the conditions of transfer shall in no case be prejudicial to
their health.
The Detaining Power shall supply prisoners
of war during transfer with sufficient food and drinking water to keep them in
good health, likewise with the necessary clothing, shelter and medical
attention. The Detaining Power shall take adequate precautions especially in case
of transport by sea or by air, to ensure their safety during transfer, and
shall draw up a complete list of all transferred prisoners before their
departure.
Article 47
Sick or wounded prisoners of war shall not
be transferred as long as their recovery may be endangered by the journey,
unless their safety imperatively demands it.
If the combat zone draws closer to a camp,
the prisoners of war in the said camp shall not be transferred unless their
transfer can be carried out in adequate conditions of safety, or if they are
exposed to greater risks by remaining on the spot than by being transferred.
Article 48
In the event of transfer, prisoners of war
shall be officially advised of their departure and of their new postal address.
Such notifications shall be given in time for them to pack their luggage and
inform their next of kin.
They shall be allowed to take with them
their personal effects, and the correspondence and parcels which have arrived
for them. The weight of such baggage may be limited, if the conditions of
transfer so require, to what each prisoner can reasonably carry, which shall in
no case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former
camp shall be forwarded to them without delay. The camp commander shall take,
in agreement with the prisoners' representative, any measures needed to ensure
the transport of the prisoners' community property and of the luggage they are
unable to take with them in consequence of restrictions imposed by virtue of the
second paragraph of this Article.
The costs of transfers shall be borne by
the Detaining Power.
SECTION III
LABOUR OF PRISONERS OF WAR
Article 49
The Detaining Power may utilize the labour
of prisoners of war who are physically fit, taking into account their age, sex,
rank and physical aptitude, and with a view particularly to maintaining them in
a good state of physical and mental health.
Non-commissioned officers who are prisoners
of war shall only be required to do supervisory work. Those not so required may
ask for other suitable work which shall, so far as possible, be found for them.
If officers or persons of equivalent status
ask for suitable work, it shall be found for them, so far as possible, but they
may in no circumstances be compelled to work.
Article 50
Besides work connected with camp
administration, installation or maintenance, prisoners of war may be compelled
to do only such work as is included in the following classes:
(a) Agriculture;
(b) Industries connected with the production
or the extraction of raw materials, and manufacturing industries, with the
exception of metallurgical, machinery and chemical industries; public works and
building operations which have no military character or purpose;
(c) Transport and handling of stores which
are not military in character or purpose;
(d) Commercial business, and arts and
crafts;
(e) Domestic service;
(f) Public utility services having no
military character or purpose.
Should the above provisions be infringed, prisoners
of war shall be allowed to exercise their right of complaint, in conformity
with Article 78.
Article 51
Prisoners of war must be granted suitable
working conditions, especially as regards accommodation, food, clothing and
equipment; such conditions shall not be inferior to those enjoyed by nationals
of the Detaining Power employed in similar work; account shall also be taken of
climatic conditions.
The Detaining Power, in utilizing the
labour of prisoners of war, shall ensure that in areas in which prisoners are
employed, the national legislation concerning the protection of labour, and,
more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and
be provided with the means of protection suitable to the work they will have to
do and similar to those accorded to the nationals of the Detaining Power.
Subject to the provisions of Article 52, prisoners may be submitted to the
normal risks run by these civilian workers.
Conditions of labour shall in no case be
rendered more arduous by disciplinary measures.
Article 52
Unless he be a volunteer, no prisoner of
war may be employed on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to
labour which would be looked upon as humiliating for a member of the Detaining
Power's own forces.
The removal of mines or similar devices
shall be considered as dangerous labour.
Article 53
The duration of the daily labour of
prisoners of war, including the time of the journey to and fro, shall not be
excessive, and must in no case exceed that permitted for civilian workers in
the district, who are nationals of the Detaining Power and employed on the same
work.
Prisoners of war must be allowed, in the
middle of the day's work, a rest of not less than one hour. This rest will be
the same as that to which workers of the Detaining Power are entitled, if the
latter is of longer duration. They shall be allowed in addition a rest of
twenty-four consecutive hours every week, preferably on Sunday or the day of
rest in their country of origin. Furthermore, every prisoner who has worked for
one year shall be granted a rest of eight consecutive days, during which his
working pay shall be paid him.
If methods of labour such as piece-work are
employed, the length of the working period shall not be rendered excessive
thereby.
Article 54
The working pay due to prisoners of war
shall be fixed in accordance with the provisions of Article 62 of the present
Convention.
Prisoners of war who sustain accidents in
connection with work, or who contract a disease in the course, or in
consequence of their work, shall receive all the care their condition may
require. The Detaining Power shall furthermore deliver to such prisoners of war
a medical certificate enabling them to submit their claims to the Power on
which they depend, and shall send a duplicate to the Central Prisoners of War
Agency provided for in Article 123.
Article 55
The fitness of prisoners of war for work
shall be periodically verified by medical examinations at least once a month.
The examinations shall have particular regard to the nature of the work which
prisoners of war are required to do.
If
any prisoner of war considers himself incapable of working, he shall be permitted
to appear before the medical authorities of his camp. Physicians or surgeons
may recommend that the prisoners who are, in their opinion, unfit for work, be
exempted therefrom.
Article
56
The organization and administration of
labour detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under
the control of and administratively part of a prisoner of war camp. The
military authorities and the commander of the said camp shall be responsible,
under the direction of their government, for the observance of the provisions
of the present Convention in labour detachments.
The camp commander shall keep an up-to-date
record of the labour detachments dependent on his camp, and shall communicate
it to the delegates of the Protecting Power, of the International Committee of
the Red Cross, or of other agencies giving relief to prisoners of war, who may
visit the camp.
Article 57
The treatment of prisoners of war who work
for private persons, even if the latter are responsible for guarding and
protecting them, shall not be inferior to that which is provided for by the
present Convention. The Detaining Power, the military authorities and the
commander of the camp to which such prisoners belong shall be entirely
responsible for the maintenance, care, treatment, and payment of the working
pay of such prisoners of war.
Such prisoners of war shall have the right
to remain in communication with the prisoners' representatives in the camps on
which they depend.
SECTION IV
FINANCIAL RESOURCES OF PRISONERS OF
WAR
Article 58
Upon the outbreak of hostilities, and
pending an arrangement on this matter with the Protecting Power, the Detaining
Power may determine the maximum amount of money in cash or in any similar form,
that prisoners may have in their possession. Any amount in excess, which was
properly in their possession and which has been taken or withheld from them,
shall be placed to their account, together with any monies deposited by them,
and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to
purchase services or commodities outside the camp against payment in cash, such
payments shall be made by the prisoner himself or by the camp administration
who will charge them to the accounts of the prisoners concerned. The Detaining
Power will establish the necessary rules in this respect.
Article 59
Cash which was taken from prisoners of war,
in accordance with Article 18, at the time of their capture, and which is in
the currency of the Detaining Power, shall be placed to their separate
accounts, in accordance with the provisions of Article 64 of the present
Section.
The amounts, in the currency of the
Detaining Power, due to the conversion of sums in other currencies that are
taken from the prisoners of war at the same time, shall also be credited to
their separate accounts.
Article 60
The Detaining Power shall grant all
prisoners of war a monthly advance of pay, the amount of which shall be fixed
by conversion, into the currency of the said Power, of the following amounts:
Category I: Prisoners ranking below
sergeant: eight Swiss francs.
Category II: Sergeants and other
non-commissioned officers, or prisoners of equivalent rank: twelve Swiss
francs.
Category 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:
(a) Shall continue to credit the accounts
of the prisoners with the amounts indicated in the first paragraph above;
(b) May temporarily limit the amount made
available from these advances of pay to prisoners of war for their own use, to
sums which are reasonable, but which, for Category I, shall never be inferior
to the amount that the Detaining Power gives to the members of its own armed
forces.
The reasons for any limitations will be
given without delay to the Protecting Power.
Article 61
The Detaining Power shall accept for
distribution as supplementary pay to prisoners of war sums which the Power on
which the prisoners depend may forward to them, on condition that the sums to
be paid shall be the same for each prisoner of the same category, shall be
payable to all prisoners of that category depending on that Power, and shall be
placed in their separate accounts, at the earliest opportunity, in accordance
with the provisions of Article 64. Such supplementary pay shall not relieve the
Detaining Power of any obligation under this Convention.
Article 62
Prisoners of war shall be paid a fair
working rate of pay by the detaining authorities direct. The rate shall be
fixed by the said authorities, but shall at no time be less than one-fourth of
one Swiss franc for a full working day. The Detaining Power shall inform
prisoners of war, as well as the Power on which they depend, through the
intermediary of the Protecting Power, of the rate of daily working pay that it
has fixed.
Working pay shall likewise be paid by the
detaining authorities to prisoners of war permanently detailed to duties or to
a skilled or semi-skilled occupation in connection with the administration,
installation or maintenance of camps, and to the prisoners who are required to
carry out spiritual or medical duties on behalf of their comrades.
The working pay of the prisoners'
representative, of his advisers, if any, and of his assistants, shall be paid
out of the fund maintained by canteen profits. The scale of this working pay
shall be fixed by the prisoners' representative and approved by the camp
commander. If there is no such fund, the detaining authorities shall pay these
prisoners a fair working rate of pay.
Article 63
Prisoners of war shall be permitted to
receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his
disposal the credit balance of his account as provided for in the following
Article, within the limits fixed by the Detaining Power, which shall make such
payments as are requested. Subject to financial or monetary restrictions which
the Detaining Power regards as essential, prisoners of war may also have
payments made abroad. In this case payments addressed by prisoners of war to
dependants shall be given priority.
In any event, and subject to the consent of
the Power on which they depend, prisoners may have payments made in their own
country, as follows: the Detaining Power shall send to the aforesaid Power
through the Protecting Power a notification giving all the necessary
particulars concerning the prisoners of war, the beneficiaries of the payments,
and the amount of the sums to be paid, expressed in the Detaining Power's
currency. The said notification shall be signed by the prisoners and
countersigned by the camp commander. The Detaining Power shall debit the
prisoners' account by a corresponding amount; the sums thus debited shall be
placed by it to the credit of the Power on which the prisoners depend.
To apply the foregoing provisions, the
Detaining Power may usefully consult the Model Regulations in Annex V of the
present Convention.
Article 64
The Detaining Power shall hold an account
for each prisoner of war, showing at least the following:
1. The amounts due to the prisoner or
received by him as advances of pay, as working pay or derived from any other
source; the sums in the currency of the Detaining Power which were taken from
him; the sums taken from him and converted at his request into the currency of
the said Power.
2. The payments made to the prisoner in
cash, or in any other similar form; the payments made on his behalf and at his
request; the sums transferred under Article 63, third paragraph.
Article 65
Every item entered in the account of a
prisoner of war shall be countersigned or initialled by him, or by the
prisoners' representative acting on his behalf.
Prisoners of war shall at all times be
afforded reasonable facilities for consulting and obtaining copies of their
accounts, which may likewise be inspected by the representatives of the
Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from
one camp to another, their personal accounts will follow them. In case of
transfer from one Detaining Power to another, the monies which are their
property and are not in the currency of the Detaining Power will follow them.
They shall be given certificates for any other monies standing to the credit of
their accounts.
The Parties to the conflict concerned may
agree to notify to each other at specific intervals through the Protecting
Power, the amount of the accounts of the prisoners of war.
Article 66
On the termination of captivity, through
the release of a prisoner of war or his repatriation, the Detaining Power shall
give him a statement, signed by an authorized officer of that Power, showing
the credit balance then due to him. The Detaining Power shall also send through
the Protecting Power to the government upon which the prisoner of war depends,
lists giving all appropriate particulars of all prisoners of war whose
captivity has been terminated by repatriation, release, escape, death or any other
means, and showing the amount of their credit balances. Such lists shall be
certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article
may be varied by mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war
depends shall be responsible for settling with him any credit balance due to
him from the Detaining Power on the termination of his captivity.
Article 67
Advances of pay, issued to prisoners of war
in conformity with Article 60, shall be considered as made on behalf of the
Power on which they depend. Such advances of pay, as well as all payments made
by the said Power under Article 63, third paragraph, and Article 68, shall form
the subject of arrangements between the Powers concerned, at the close of
hostilities.
Article 68
Any claim by a prisoner of war for
compensation in respect of any injury or other disability arising out of work
shall be referred to the Power on which he depends, through the Protecting
Power. In accordance with Article 54, the Detaining Power will, in all cases,
provide the prisoner of war concerned with a statement showing the nature of
the injury or disability, the circumstances in which it arose and particulars
of medical or hospital treatment given for it. This statement will be signed by
a responsible officer of the Detaining Power and the medical particulars
certified by a medical officer.
Any claim by a prisoner of war for
compensation in respect of personal effects, monies or valuables impounded by
the Detaining Power under Article 18 and not forthcoming on his repatriation,
or in respect of loss alleged to be due to the fault of the Detaining Power or
any of its servants, shall likewise be referred to the Power on which he
depends. Nevertheless, any such personal effects required for use by the
prisoners of war whilst in captivity shall be replaced at the expense of the
Detaining Power. The Detaining Power will, in all cases, provide the prisoner
of war with a statement, signed by a responsible officer, showing all available
information regarding the reasons why such effects, monies or valuables have
not been restored to him. A copy of this statement will be forwarded to the
Power on which he depends through the Central Prisoners of War Agency provided
for in Article 123.
SECTION V
RELATIONS OF PRISONERS OF WAR WITH
THE EXTERIOR
Article 69
Immediately upon prisoners of war falling
into its power, the Detaining Power shall inform them and the Powers on which
they depend, through the Protecting Power, of the measures taken to carry out
the provisions of the present Section. They shall likewise inform the parties
concerned of any subsequent modifications of such measures.
Article 70
Immediately upon capture, or not more than
one week after arrival at a camp, even if it is a transit camp, likewise in
case of sickness or transfer to hospital or another camp, every prisoner of war
shall be enabled to write direct to his family, on the one hand, and to the
Central Prisoners of War Agency provided for in Article 123, on the other hand,
a card similar, if possible, to the model annexed to the present Convention,
informing his relatives of his capture, address and state of health. The said
cards shall be forwarded as rapidly as possible and may not be delayed in any
manner.
Article 71
Prisoners of war shall be allowed to send
and receive letters and cards. If the Detaining Power deems it necessary to
limit the number of letters and cards sent by each prisoner of war, the said
number shall not be less than two letters and four cards monthly, exclusive of
the capture cards provided for in Article 70, and conforming as closely as
possible to the models annexed to the present Convention. Further limitations
may be imposed only if the Protecting Power is satisfied that it would be in
the interests of the prisoners of war concerned to do so owing to difficulties
of translation caused by the Detaining Power's inability to find sufficient
qualified linguists to carry out the necessary censorship. If limitations must
be placed on the correspondence addressed to prisoners of war, they may be
ordered only by the Power on which the prisoners depend, possibly at the
request of the Detaining Power. Such letters and cards must be conveyed by the
most rapid method at the disposal of the Detaining Power; they may not be
delayed or retained for disciplinary reasons.
Prisoners of war who have been without news
for a long period, or who are unable to receive news from their next of kin or
to give them news by the ordinary postal route, as well as those who are at a
great distance from their homes, shall be permitted to send telegrams, the fees
being charged against the prisoners of war's accounts with the Detaining Power
or paid in the currency at their disposal. They shall likewise benefit by this
measure in cases of urgency.
As a general rule, the correspondence of
prisoners of war shall be written in their native language. The Parties to the
conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must
be securely sealed and labelled so as clearly to indicate their contents, and
must be addressed to offices of destination.
Article 72
Prisoners of war shall be allowed to
receive by post or by any other means individual parcels or collective
shipments containing, in particular, foodstuffs, clothing, medical supplies and
articles of a religious, educational or recreational character which may meet
their needs, including books, devotional articles, scientific equipment,
examination papers, musical instruments, sports outfits and materials allowing
prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the
Detaining Power from the obligations imposed upon it by virtue of the present
Convention.
The only limits which may be placed on
these shipments shall be those proposed by the Protecting Power in the interest
of the prisoners themselves, or by the International Committee of the Red Cross
or any other organization giving assistance to the prisoners, in respect of
their own shipments only, on account of exceptional strain on transport or
communications.
The conditions for the sending of
individual parcels and collective relief shall, if necessary, be the subject of
special agreements between the Powers concerned, which may in no case delay the
receipt by the prisoners of relief supplies. Books may not be included in
parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent
in collective parcels.
Article 73
In the absence of special agreements
between the Powers concerned on the conditions for the receipt and distribution
of collective relief shipments, the rules and regulations concerning collective
shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above
shall in no case restrict the right of prisoners' representatives to take
possession of collective relief shipments intended for prisoners of war, to
proceed to their distribution or to dispose of them in the interest of the
prisoners.
Nor shall such agreements restrict the
right of representatives of the Protecting Power, the International Committee
of the Red Cross or any other organization giving assistance to prisoners of
war and responsible for the forwarding of collective shipments, to supervise
their distribution to the recipients.
Article 74
All relief shipments for prisoners of war
shall be exempt from import, customs and other dues.
Correspondence, relief shipments and
authorized remittances of money addressed to prisoners of war or despatched by
them through the post office, either direct or through the Information Bureaux
provided for in Article 122 and the Central Prisoners of War Agency provided
for in Article 123, shall be exempt from any postal dues, both in the countries
of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners
of war cannot be sent through the post office by reason of weight or for any
other cause, the cost of transportation shall be borne by the Detaining Power
in all the territories under its control. The other Powers party to the
Convention shall bear the cost of transport in their respective territories.
In the absence of special agreements
between the Parties concerned, the costs connected with transport of such
shipments, other than costs covered by the above exemption, shall be charged to
the senders.
The High Contracting Parties shall
endeavour to reduce, so far as possible, the rates charged for telegrams sent
by prisoners of war, or addressed to them.
Article 75
Should military operations prevent the
Powers concerned from fulfilling their obligation to assure the transport of
the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers
concerned, the International Committee of the Red Cross or any other
organization duly approved by the Parties to the conflict may undertake to
ensure the conveyance of such shipments by suitable means (railway wagons, motor
vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting
Parties shall endeavour to supply them with such transport and to allow its
circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) Correspondence, lists and reports
exchanged between the Central Information Agency referred to in Article 123 and
the National Bureaux referred to in Article 122;
(b) Correspondence and reports relating to
prisoners of war which the Protecting Powers, the International Committee of
the Red Cross or any other body assisting the prisoners, exchange either with
their own delegates or with the Parties to the conflict.
These provisions in no way detract from the
right of any Party to the conflict to arrange other means of transport, if it
should so prefer, nor preclude the granting of safe-conducts, under mutually
agreed conditions, to such means of transport.
In the absence of special agreements, the
costs occasioned by the use of such means of transport shall be borne
proportionally by the Parties to the conflict whose nationals are benefited
thereby.
Article 76
The censoring of correspondence addressed
to prisoners of war or despatched by them shall be done as quickly as possible.
Mail shall be censored only by the despatching State and the receiving State,
and once only by each.
The examination of consignments intended
for prisoners of war shall not be carried out under conditions that will expose
the goods contained in them to deterioration; except in the case of written or
printed matter, it shall be done in the presence of the addressee, or of a
fellow-prisoner duly delegated by him. The delivery to prisoners of individual
or collective consignments shall not be delayed under the pretext of
difficulties of censorship.
Any prohibition of correspondence ordered
by Parties to the conflict, either for military or political reasons, shall be
only temporary and its duration shall be as short as possible.