Bill of HR
The following shall be repatriated direct:
1. Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished.
2. Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished.
3. Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished.
The following may be accommodated in a neutral country:
1. Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.
2. Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.
The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated:
1. Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation;
2. Those whose mental or physical powers remain, even after treatment, considerably impaired.
If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention.
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities.
Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission.
Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
1. Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp.
2. Wounded and sick proposed by their prisoners' representative.
3. Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners' representative of the said prisoners, shall have permission to be present at the examination.
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country.
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecuti on or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment.
The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.
No repatriated person may be employed on active military service.
RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF HOSTILITIES
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war.
Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.
DEATH OF PRISONERS OF WAR
Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned.
A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief Societies provided for in Article 125.
The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners' representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners.
EXECUTION OF THE CONVENTION
Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners' representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure.
The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.
The present Convention replaces the Convention of 27 July 1929, in relations between the High Contracting Parties.
In the relations between the Powers which are bound by The Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above-mentioned Conventions of The Hague.
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.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.
Model agreement concerning direct repatriation and accommodation
in neutral countries
The following shall be repatriated direct:
1.All prisoners of war suffering from the following disabilities as
the result of trauma: loss of limb, paralysis, articular or other disabilities,
when this disability is at least the loss of a hand or a foot, or the equivalent
of the loss of a hand or a foot.
Without prejudice to a more generous interpretation, the following shall
be considered as equivalent to the loss of a hand or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss of a foot, or of all the toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing
the functioning of one of the large articulations or of all the digital
joints of one hand.
(d) Deformities due to fracture or other injury which seriously interfere with function and weight-bearing power.
2. All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude recovery-in spite of treatment-within one year from the date of the injury, as. for example, in case of:
(a) Projectile in the heart. even if the Mixed Medical Commission should fail, at the time of their examination, to detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if the Mixed Medical
Commission cannot, at the time of examination, detect any local or general
(h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of ahand or foot, and the cure of which requires more than a year from the date of injury, for example: injury to the brachial or lumbosacral plexus, the median or sciatic nerves, likewise combined injury to the radial and cubital nerves or to the lateral popliteal nerve (N. peroneus communes) and medial popliteal nerve (N. tibialis); etc. The separate injury of the 'radial (musculo-spiral), cubital. lateral or medial popliteal nerves shall not, however, warrant repatriation except in case of contractures or of serious neurotrophic disturbance.
(i) Injury to the urinary system, with incapacitating results.
3. All sick prisoners of war whose condition has become chronic to the extent that prognosis seems to exclude recovery-in spite of treatment-within one year from the inception of the disease, as, for example, in case of:
(a) Progressive tuberculosis of any organ which, according to medical
prognosis, cannot be cured, or at least considerably improved, by treatment
in a neutral country.
(s) Serious chronic infectious diseases, persisting for one year after
their inception, for example: malaria with decided organic impairment,
amoebic or bacillary dysentery with grave disorders; tertiary visceral
syphilis resistant to treatment; leprosy; etc.
*The decision of the Mixed Medical Commission shall be based to a great
extent on the records kept by camp physicians and surgeons of the same
nationality as the prisoners of war, or on an examination by medical specialists
of the Detaining Power.
B. ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral country:
1. All wounded prisoners of war who are not likely to recover in captivity,
but who might be cured or whose condition might be considerably improved
by accommodation in a neutral country.
2. Prisoners of war suffering from any form of tuberculosis, of whatever
organ, and whose treatment in a neutral country would be likely to lead
to recovery or at least to considerable improvement, with the exception
of primary tuberculosis cured before captivity.
3. Prisoners of war suffering from affections requiring treatment of
the respiratory, circulatory, digestive, nervous, sensory, genito-urinary,
cutaneous. locomotive organs, etc., if such treatment would clearly have
better results in a neutral country than in captivity.
4. Prisoners of war who have undergone a nephrectomy in captivity for
a nontubercular renal affection; cases of osteomyelitis, on the way to
recovery or latent; diabetes mellitus not requiring insulin treatment;
5. Prisoners of war suffering from war or captivity neuroses.
Cases of captivity neurosis which are not cured after three months of
accommodation in a neutral country, or which after that length of time
are not clearly on the way to complete cure, shall be repatriated.
6. All prisoners of war suffering from chronic intoxication (gases,
metals, alkaloids, etc.), for whom the prospects of cure in a neutral country
are especially favourable.
7. All women prisoners of war who are pregnant or mothers with infants
and small children.
The following cases shall not be eligible for accommodation in a neutral country:
1. All duly verified chronic psychoses.
2. All organic or functional nervous affections considered to be incurable.
3. All contagious diseases during the period in which they are transmissible,
with the exception of tuberculosis.
II. GENERAL OBSERVATIONS
1. The conditions given shall, in a general way, be interpreted and
applied in as broad a spirit as possible.
2. All unquestionable cases giving the right to direct repatriation
(amputation, total blindness or deafness. open pulmonary tuberculosis,
mental disorder. malignant growth, etc.)shall be examined and repatriated
as soon as possible by the camp physicians or by military medical commissions
appointed by the Detaining Power.
3. Injuries and diseases which existed before the war and which have
not become worse. as well as war injuries which have not prevented subsequent
military service, shall not entitle to direct repatriation.
4. The provisions of this Annex shall be interpreted and applied in
a similar manner in all countries party to the conflict. The Powers and
authorities concerned shall grant to Mixed Medical Commissions all the
facilities necessary for the accomplishment of their task.
5. The examples quoted under (1) above represent only typical cases. Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article I 10 of the present Convention, and of the principles embodied in the present Agreement.
Regulations concerning Mixed Medical Commissions
The Mixed Medical Commissions provided for in Article 112 of the Convention
shall be composed of three members, two of whom shall belong to a neutral
country. the third being appointed by the Detaining Power. One of the neutral
members shall take the chair.
The two neutral members shall be appointed by the International Committee
of the Red Cross, acting in agreement with the Protecting Power, at the
request of the Detaining Power. They may be domiciled either in their country
of origin, in any other neutral country, or in the territory of the Detaining
The neutral members shall be approved by the Parties to the conflict
concerned, who notify their approval to the International Committee of
the Red Cross and to the Protecting Power. Upon such notification, the
neutral members shall be considered as effectively appointed.
Deputy members shall also be appointed in sufficient number to replace
the regular members in case of need. They shall be appointed at the same
time as the regular members or, at least, as soon as possible.
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.
So far as possible, one of the two neutral members shall be a surgeon
and the other a physician.
The neutral members shall be entirely independent of the Parties to
the conflict, which shall grant them all facilities in the accomplishment
of their duties.
By agreement with the Detaining Power, the International Committee of
the Red Cross, when making the appointments provided for in Articles 2
and 4 of the present Regulations, shall settle the terms of service of
The Mixed Medical Commissions shall begin their work as soon as possible
after the neutral members have been approved, and in any case within a
period of three months from the date of such approval.
The Mixed Medical Commissions shall examine all the prisoners designated
in Article 113 of the Convention. They shall propose repatriation, rejection,
or reference to a later examination. Their decisions shall be made by a
The decisions made by the Mixed Medical Commissions in each specific
case shall be communicated, during the month following their visit, to
the Detaining Power, the Protecting Power and the International Committee
of the Red Cross. The Mixed Medical Commissions shall also inform each
prisoner of war examined of the decision made, and shall issue to those
whose repatriation has been proposed, certificates similar to the model
appended to the present Convention.
The Detaining Power shall be required to carry out the decisions of
the Mixed Medical Commissions within three months of the time when it receives
due notification of such decisions.
If there is no neutral physician in a country where the services of
a Mixed Medical Commission seem to be required, and if it is for any reason
impossible to appoint neutral doctors who are resident in another country,
the Detaining Power, acting in agreement with the Protecting Power, shall
set up a Medical Commission which shall undertake the same duties as a
Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3,
4, 5 and 8 of the Present Regulations.
Mixed Medical Commissions shall function permanently and shall visit
each camp at intervals of not more than six months.
Regulations concerning collective relief
Prisoners' representatives shall be allowed to distribute collective
relief shipments for which they are sible, to all prisoners of war administered
by their camp, including those who am in hospitals or in prisons or other
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. 'Me issue of medical stores shall. however,
be made for preference in agreement with the senior medical officers, and
the latter may. in hospitals and infirmaries, waive the said instructions,
if the needs of their patients so demand. Within the limits thus defined,
the distribution shall always be carried out equitably.
The said prisoners' representatives or their assistants shall be allowed
to go to the points of arrival of relief supplies near their camps. so
as to enable the prisoners' representatives or their assistants to verify
the quality as well as the quantity of the goods received, and to make
out detailed reports thereon for the donors.
Prisoners' representatives shall be given the facilities necessary for
verifying whether the distribution of collective relief in all sub-divisions
and annexes of their camps has been carried out in accordance with their
Prisoners' representatives shall be allowed to fill up, and cause to
be filled up by the prisoners' representatives of labour detachments or
by the senior medical officers of infirmaries and hospitals, forms or questionnaires
intended for the donors, relating to collective relief supplies (distribution.
requirements, quantities, etc.). Such forms and questionnaires, duly completed,
shall be forwarded to the donors without delay.
In order to secure the regular issue of collective relief to the prisoners
of war in their camp. and to meet any needs that may arise from the arrival
of new contingents of prisoners, prisoners' representatives shall be allowed
to build up and maintain adequate reserve stocks of collective relief.
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.
When collective consignments of clothing am available each prisoner
of war shall retain in his possession at least one complete set of clothes.
If a prisoner has more than one set of clothes, the prisoners' representative
shall be permitted to withdraw excess clothing from those with the largest
number of sets, or particular articles in excess of one, if this is necessary
in order to supply prisoners who are less well provided. He shall not,
however, withdraw second sets of underclothing, socks or footwear, unless
this is the only means of providing for prisoners of war with none.
The High Contracting Parties, and the Detaining Powers in particular,
shall authorize, as far as possible and subject to the regulations governing
the supply of the population, all purchases of goods made in their territories
for the distribution of collective relief to 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
The foregoing provisions shall not constitute an obstacle to the right
of prisoners of war to receive collective relief before their arrival in
a camp or in the course of transfer, nor to the possibility of representatives
of the Protecting Power, the International Committee of the Red Cross,
or any other body giving assistance to prisoners which may be responsible
for the forwarding of such supplies, ensuring the distribution thereof
to the addressees by any other means that they may deem useful.
B. CAPTURE CARD
C. CORRESPONDENCE CARD AND LETTER
D. NOTIFICATION OF DEATH
E. REPATRIATION CERTIFICATE
Date of birth:
P. W. number:
Decision of the Commission:
Chairman of the