X Civilians in the Hands of a Party to the Conflict

Chapter Contents
10.1 Introduction
10.2 National-Level GC Implementation Measures
10.3 Protected Person Status
10.4 Derogation for Security Reasons
10.5 Humane Treatment and Other Basic Protections for Protected Persons
10.6 Measures of Control and Security
10.7 General Treatment of Protected Persons in a Belligerents Home Territory
10.8 Expulsion From Areas Within a Belligerents Home Territory and Departure
and Transfers of Protected Persons From a Belligerents Home Territory
10.9 Internment
10.10 Segregation of Internees
10.11 Safety, Hygiene, and Living Conditions in Places of Internment
10.12 Canteens for Internees
10.13 Food, Water, Tobacco, and Clothing for Internees
10.14 Medical Attention for Internees
10.15 Religious Exercise by Internees
10.16 Intellectual, Physical, and Recreational Activities
10.17 Internee Labor
10.18 Internees Articles of Personal Use
10.19 Financial Resources of Internees
10.20 Administration of Places of Internment and Discipline
10.21 Internee Petitions, Complaints, and Reports About Conditions of
Internment
10.22 Internee Committees
10.23 Internee Correspondence and Relief Shipments
10.24 Private Legal Matters of Internees
10.25 Internees and Visits of Family and Friends
10.26 Internee Escapes
10.27 General Provisions Applicable to Both Judicial and Disciplinary Sanctions
Regarding Internees
10.28 Disciplinary Proceedings and Punishment
10.29 Judicial Proceedings Regarding Protected Persons in Occupied Territory or
Internees in a Belligerents Home Territory
10.30 Transfers of Internees From the Place of Internment
10.31 National Accounting for Protected Persons in Its Power
10.32 Role of the Protecting Power in the GC
10.33 Access to Internees by Protecting Powers, ICRC, and Other Relief
Organizations
10.34 Death of Internees
10.35 Release, Return, Repatriation of Internees After the Close of Hostilities

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10.1 INTRODUCTION
This Chapter addresses protection of civilians in the hands of a party to an international
armed conflict. In particular, the Chapter addresses civilians who are interned in the home
territory of a belligerent or occupied territory.
Rules for the protection of civilians in the conduct of hostilities are addressed in Chapter
V. Rules for the protection of civilians that are specific to occupied territory are addressed in
Chapter XI, while rules that apply to both civilians in occupied territory and civilians in a
belligerents home territory are addressed in this Chapter.
10.1.1 Interpretation and Application of the GC. The GC underlies most of the
international law rules applicable to the United States for the treatment of civilians in the hands
of a party to the conflict.
As with the GPW, the GCs provisions should be interpreted in light of the principles that
underlie the treatment of civilians and, in particular, in light of the goal of advancing the humane
treatment of protected persons. 1 The subsequent practice of States in applying the GC could also
assist in interpreting its provisions because States decades of experience in applying the GC
may be very helpful in understanding its requirements. 2
10.1.1.1 GC Notes on Terminology. In the GC, protected persons does not
simply refer to persons who are civilians in the sense of not being members of the military;
rather, protected persons refers to persons who are protected by the GC in connection with
international armed conflict or occupation. 3
In the GC, internees refers to protected persons who are interned.
In the GC, the Detaining Power refers to the State that holds the internee.
In the GC, the Protecting Power refers to a neutral State that helps implement the GC. 4
10.1.1.2 Special Agreements Under the GC. Under the GC, States may conclude
a variety of special agreements during international armed conflict to facilitate the protection of
civilians. The GC specifically provides for agreements:

to entrust to an effective and impartial organization the duties of the Protecting Powers; 5

to establish and recognize civilian hospital zones and localities; 6

Refer to 9.1.2 (Interpretation and Application of the GPW).

Refer to 1.7.4 (Use of Certain Subsequent Practice in Treaty Interpretation).

Refer to 10.3.1 (Protected Person Notes on Terminology).

Refer to 18.15.1.1 (Protecting Power Under the 1949 Geneva Conventions).

Refer to 18.15.2.1 (Agreement for an Impartial and Effective Organization to Perform Protecting Power Duties
Under the 1949 Geneva Conventions).

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to establish and determine the conditions of neutralized zones; 7

for the removal of wounded, sick, infirm, and aged persons, children, and maternity
cases, from besieged or encircled areas or for the passage of medical and religious
personnel on their way to such areas; 8

to settle practical details regarding the departure of protected persons from a belligerents
home territory; 9

to establish the conditions for the sending of individual parcels and collective relief
shipments; 10

for the release, repatriation, the return to places of residence or the accommodation in a
neutral country of certain classes of internees, in particular children, pregnant women and
mothers with infants and young children, wounded and sick, and internees who have been
detained for a long time; 11 and

on the procedure, or to select an umpire who will decide the procedure, to be followed for
an inquiry concerning any alleged violation of the GC. 12

In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108,
109, 132, 133, and 149 of the GC, Parties to the GC may conclude other special agreements for
all matters concerning which they may deem it suitable to make separate provision. 13 No special
agreement shall adversely affect the situation of protected persons, as defined by the GC, nor
restrict the rights that it confers upon them. 14
Protected persons shall continue to have the benefit of such agreements as long as the GC
is applicable to them, except where express provisions to the contrary are contained in these

Refer to 5.14.3.1 (Civilian Hospital and Safety Zones and Localities).

Refer to 5.14.3.3 (Neutralized Zones).

Refer to 5.19.2 (Removal and Passage of Certain Personnel Vulnerable Civilians, Diplomatic and Consular
Personnel, the Wounded and Sick, and Medical Personnel).
9

Refer to 10.8.2 (Departures of Protected Persons From a Belligerents Home Territory).

10

Refer to 10.23.3.3 (Special Agreements Concerning Relief Shipments).

11

Refer to 10.9.6 (Agreements for the Release, Return, or Accommodation in a Neutral Country of Certain Classes
of Internees).
12

Refer to 18.14.1 (Inquiry Procedure in the 1949 Geneva Conventions).

13

GC art. 7 (In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133
and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they
may deem it suitable to make separate provision.).
14

GC art. 7 (No special agreement shall adversely affect the situation of protected persons, as defined by the
present Convention, nor restrict the rights which it confers upon them.).

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agreements or in subsequent agreements, or where more favorable measures have been taken
with regard to them by one or other of the parties to the conflict. 15
10.1.2 DoD Policies and Regulations for the Treatment of Internees. DoD policies and
regulations regarding the treatment of internees provide authoritative guidance for DoD
personnel and fill an important role in implementing the complex requirements of the GC. 16
Practitioners are advised to consult all applicable policies and regulations, as these, in many
cases, exceed the requirements of the GC, U.S. statutes, and Executive Orders.
10.2 NATIONAL-LEVEL GC IMPLEMENTATION MEASURES
The GC requires a number of measures at the national level to facilitate protection for
protected persons.
10.2.1 Appointment or Establishment of Entities. The GC provides for certain bodies or
entities to be appointed or established.
10.2.1.1 Appointment of a Protecting Power. The GC contemplates that a
Protecting Power has been appointed to assist in the implementation of the GC. 17 A Protecting
Power has a variety of roles under the GC related to the protection of protected persons. 18
10.2.1.2 Establishment of a National Protected Person Information Bureau. A
National Protected Person Information Bureau shall be established by each of the parties to the
conflict. 19
10.2.1.3 Establishment of a Central Information Agency for Protected Persons. A
Central Information Agency for protected persons shall be established in a neutral country. 20
10.2.2 Notification of Certain Laws or Policies Between Belligerents. Parties to a
conflict must notify opposing belligerents or the Protecting Power of certain matters relating to
protected persons.
10.2.2.1 Location and Marking of Places of Internment Camps. The Detaining
Power shall provide the Powers concerned useful information regarding the geographic location
of places of internment, and agreements on their markings may be reached. 21

15

GC art. 7 (Protected persons 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.).
16

Refer to 18.7 (Instructions, Regulations, and Procedures to Implement and Enforce the Law of War).

17

Refer to 18.15.1.1 (Protecting Power Under the 1949 Geneva Conventions).

18

Refer to 10.32 (Role of the Protecting Power in the GC).

19

Refer to 10.31.2 (National Protected Person Information Bureau).

20

Refer to 10.31.3 (Central Information Agency for Protected Persons).

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10.2.2.2 Notification of Measures Taken for Implementing GC Provisions That

Address Relations Between Internees and the Exterior. Immediately upon interning protected
persons, the Detaining Power shall inform them, the Power to which they owe allegiance, and
their Protecting Power of the measures taken for executing the provisions of Chapter VIII of
Section IV of the GC, which address the relations between internees and the exterior (e.g.,
correspondence, relief shipments, family visits). 22 The Detaining Power shall likewise inform
the Parties concerned of any subsequent modifications of such measures. 23
10.3 PROTECTED PERSON STATUS
In general, the GC uses the concept of protected person to define the individuals who are
entitled to receive its protections. Principally, protected persons include persons of enemy
nationality living in the territory of a belligerent State and the inhabitants of occupied
territories. 24 Even if persons are not protected persons under the GC, other rules may be
applicable to them. For example, certain baseline rules apply to the treatment of all detainees,
including those who are not protected persons or POWs. 25
10.3.1 Protected Person Notes on Terminology. Protected persons is used in the GC as
a term to refer to persons who are protected by the GC in connection with international armed
conflict or occupation.
Protected persons is often understood as a term that is specific to the GC. In a few
places, however, the GPW, the GWS, and the GWS-Sea also refer to protected persons or
persons protected. 26 In such cases, protected persons and persons protected refer to
persons protected by that respective convention, as opposed to protected persons for purposes of
the GC.

21

Refer to 10.11.1.2 (Sharing Information on the Location of Places of Internment); 10.11.1.3 (Marking of
Internment Camps).
22

GC art. 105 (Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power
to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the
present Chapter.).
23

GC art. 105 (The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications
of such measures.).
24

GC COMMENTARY 45 (When work was begun on the preparation of the texts, it became clearas early as the
time of the Tokyo Draftthat there were two main classes of civilian to whom protection against arbitrary action on
the part of the enemy was essential in time of waron the one hand, persons of enemy nationality living in the
territory of a belligerent State, and on the other, the inhabitants of occupied territories. The idea that the Convention
should cover these two categories was accepted from the first and has never really been disputed. Any discussions
which have taken place on the subject have been concerned with points of detail which we shall consider later. This
Article [4 of the GC] is, in a sense, the key to the Convention; for it defines the people to whom it refers.).
25

Refer to 8.1.1 (Overview of Detention Rules in This Manual and the Scope of Chapter VIII).

26

See, e.g., GPW art. 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.).

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Although the GC addresses the protection of civilians, protected persons may include
certain unprivileged belligerents. Certain rights and privileges that protected persons who are
unprivileged belligerents receive, however, are subject to derogation for security reasons. 27
10.3.2 Persons Who Receive Protected Person Status Under the GC. Subject to certain
exceptions addressed below, persons protected by the GC are those who, at a given moment and
in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a
party to the conflict or Occupying Power of which they are not nationals. 28
Because the definition of protected person is framed negatively in terms of persons who
are in the hands of a State of which they are not nationals, the definition of protected person
allows for the possibility that persons without any nationality may be protected persons. 29
10.3.2.1 Find Themselves. The persons must find themselves in the hands of
a party to the conflict or Occupying Power, which suggests an element of happenstance or
coincidence. 30 For example, nationals of a neutral or non-belligerent State who travel to an
occupied State to fight the Occupying Power cannot be said to have found themselves within
that occupied territory within the meaning of Article 4 of the GC.
10.3.2.2 In Occupied Territory or the Home Territory of a Party to the Conflict.
To be entitled to the protections provided under the GC for protected persons, a person must
be located in either (1) occupied territory or (2) the home territory of a party to the conflict. 31
27

Refer to 10.4 (Derogation for Security Reasons).

28

GC art. 4 (Persons protected by the Convention are those who, at a given moment and in any manner whatsoever,
find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of
which they are not nationals.).
29

GC COMMENTARY 47 (It will be observed that owing to its negative form the definition covers persons without
any nationality. The Rapporteur to Committee III pointed out that it thus complied with the recommendation made
to the Diplomatic Conference by the representative of the International Refugee Organization. In the actual course
of the discussions, however, certain speakers observed that the term nationals (ressortissants, in the French
version) did not cover all cases, in particular cases where men and women had fled from their homeland and no
longer considered themselves, or were no longer considered, to be nationals of that country. Such cases exist, it is
true, but it will be for the Power in whose hands they are to decide whether the persons concerned should or should
not be regarded as citizens of the country from which they have fled. The problem presents so many varied aspects
that it was difficult to deal with it fully in the Convention.).
30

Jack L. Goldsmith III, Assistant Attorney General, Protected Person Status in Occupied Iraq Under the Fourth
Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 51 (Alternatively, the
phrase find themselves [in Article 4 of the GC] can be read more narrowly to suggest an element of happenstance
or coincidence, and to connote a lack of deliberate action relating to the circumstances that leave the persons in
question in the hands of an occupying power.).
31

See Jack L. Goldsmith III, Assistant Attorney General, Protected Person Status in Occupied Iraq Under the
Fourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 41 (To receive the
protections provided for protected persons, one must be located in either (1) occupied territory, or (2) the
territory of a party to the conflict. This limitation does not emerge from article 4 itself, but rather from other
provisions in GC.); GC COMMENTARY 46 (Nevertheless, disregarding points of detail, it will be seen that there are
two main classes of protected person: (1) enemy nationals within the national territory of each of the Parties to the
conflict and (2) the whole population of occupied territories (excluding nationals of the Occupying Power). The
other distinctions and, exceptions extend or restrict these limits, but not to any appreciable extent.).

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The references in the GC that limit the scope of protections for protected persons to those in the
territory of a Party to the conflict refer to the home territory of the party to the conflict in whose
hands the protected person finds himself or herself. 32 For example, Section II of Part III of the
GC, which applies to Aliens in the Territory of a Party to the Conflict, addresses the protection
of aliens present on the home territory of a party to the conflict in relation to that State.
10.3.2.3 Not Protected by the GWS, GWS-Sea, or the GPW. Persons protected by
the GWS, the GWS-Sea, or the GPW shall not be considered as protected persons within the
meaning of the GC. 33 For example, persons who receive POW status under the GPW are not
considered as protected persons within the meaning of the GC. 34
10.3.2.4 Unprivileged Belligerents Not Per Se Excluded From Protected Person
Status. The fact that a person has engaged in hostile or belligerent conduct does not per se
exclude that person from protected person status under the GC. 35
Certain rights and privileges of the GC that a protected person who has engaged in such
conduct would otherwise receive are, however, subject to derogation for security reasons. 36

32

Jack L. Goldsmith III, Assistant Attorney General, Protected Person Status in Occupied Iraq Under the Fourth
Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 41 (The meaning of the
phrase territory of a Party to the conflict, considered in isolation, is not self-evident. At first glance, one might
think that the phrase includes occupied territory, because the occupied power (to whom the territory belongs) is a
party to the conflict. But in the context of the entire Convention, the phrase clearly refers to the home territory of
the party to the conflict in whose hands the protected person finds himself. This is evident from several provisions
in GC4.).
33

GC art. 4 (Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the
Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as
protected persons within the meaning of the present Convention.).
34

Refer to 9.3.2 (Persons Entitled to POW Status).

35

See Jack L. Goldsmith III, Assistant Attorney General, Protected Person Status in Occupied Iraq Under the
Fourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 48 (GC4s full
titleGeneva Convention Relative to the Protection of Civilian Persons in Time of War, (emphasis added)
suggests that [t]he main object of the Convention is to protect a strictly defined category of civilians. 4 Pictet,
Commentary at 10 (emphasis added). Consistent with this title, article 4(4) of GC expressly excludes lawful
combatants who enjoy POW status from protected person status. These factors, combined with the fact that
unlawful combatants generally receive less favorable treatment than lawful combatants under the Geneva
Convention system, see, e.g., Memorandum for Alberto R. Gonzales, Counsel to the President, from Jay S. Bybee,
Assistant Attorney General, Re: Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949
at 1-7 (Feb. 7, 2002) (concluding that GPW withholds protections from persons who engage in hostilities but fail to
satisfy criteria for lawful combatancy), might lead one to assume that unlawful combatants are categorically
excluded from protected person status under GC. GCs text, however, contemplates that persons who find
themselves in occupied territory within the meaning of article 4 may engage in at least some forms of unlawful
belligerency without forfeiting all of the benefits of protected person status.); 1956 FM 27-10 (Change No. 1
1976) 247b (Subject to qualifications set forth in paragraph 248 [relating to derogations], those protected by GC
also include all persons who have engaged in hostile or belligerent conduct but who are not entitled to treatment as
prisoners of war.).
36

Refer to 10.4 (Derogation for Security Reasons).

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10.3.3 Categories of Nationals Specifically Excluded From the Definition of Protected

Person Under the GC. As discussed in this subsection, the GC specifically excludes certain
classes of persons from the definition of protected person. 37
The provisions of Part II of the GC, which address the general protection of populations
against certain consequences of war, are, however, wider in application, as defined in Article 13
of the GC. 38 These provisions cover the whole of the populations in conflict without any adverse
distinction based, in particular, on race, nationality, religion, or political opinion, and are
intended to alleviate the sufferings caused by war. 39 Thus, persons excluded by reason of their
nationality from the definition of protected person may nonetheless receive the protections of
Part II of the GC.
10.3.3.1 A States Own Nationals. In general, a States own nationals who are in
its hands are not protected persons under the GC. 40 This exclusion from the definition of
protected person in the GC is consistent with a traditional principle of international lawthe
GC does not interfere in a States relations with its own nationals. 41 However, the GC does
limit the arrest, prosecution, conviction, or deportation of nationals of any Occupying Power
who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State. 42
10.3.3.2 Nationals of a State That Is Not Bound by the GC. Nationals of a State
that is not bound by the GC are not protected by it. 43 This provision of the GC reflects a legal
principle underlying the GC: a State must accept the burdens of the GC in order to receive its
benefits. 44
37

Compare 4.4.4 (Nationality and Combatant Status).

38

See GC art. 4 (The provisions of Part II are, however, wider in application, as defined in Article 13.).

39

GC art. 13 (The provisions of Part II cover the whole of the populations of the countries in conflict, without any
adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to
alleviate the sufferings caused by war.).
40

GC art. 4 (Persons protected by the Convention are those who, at a given moment and in any manner whatsoever,
find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of
which they are not nationals.) (emphasis added).
41

GC COMMENTARY 46 (The definition has been put in a negative form; as it is intended to cover anyone who is
not a national of the Party to the conflict or Occupying Power in whose hands he is. The Convention thus remains
faithful to a recognized principle of international law: it does not interfere in a States relations with its own
nationals. The only exception to this rule is the second paragraph of Article 70, which refers to nationals of the
Occupying Power who sought refuge in the territory of the occupied State before the outbreak of hostilities. This is
a very special case, based on the position such people have taken up with regard to their own country.).
42

Refer to 11.11.7 (Limitation on Criminal Jurisdiction With Respect to Pre-Occupation Acts).

43

GC art. 4 (Nationals of a State which is not bound by the Convention are not protected by it.).

44

Jack L. Goldsmith III, Assistant Attorney General, Protected Person Status in Occupied Iraq Under the Fourth
Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 54 (The benefits-burdens
principle also finds expression in article 4(2), which provides: Nationals of a State which is not bound by the
Convention are not protected by it. The ICRCs Official Commentary states that article 4(2)s exception to the
definition of protected person in article 4(1) is a truism and an unnecessary addition that follows naturally from
article 2(1) even in the absence of article 4(2). See 4 Pictet, Commentary at 48. Whether or not this is true, article
4(2) makes this much clear: persons in occupied territory, including those who commit hostile acts there, are not

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10.3.3.3 Nationals of a Neutral State or Co-Belligerent State While Normal

Diplomatic Representation Exists. Nationals of a neutral State who find themselves in the
territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as
protected persons while the State of which they are nationals has normal diplomatic
representation in the State in whose hands they are. 45
These persons were omitted from the GCs definition of protected person in order to
avoid creating complications or inconsistencies in procedures should both the GC and the law
applicable to normal diplomatic representation apply. 46
Nationals of a neutral State in occupied territory, however, are regarded as protected
persons under the GC. 47
10.3.4 Commencement and Duration of Protected Person Status. As with the general
application of the GC, protected persons shall receive their protections from the outset of any
conflict or occupation mentioned in Article 2 of the GC. 48 In general, the application of
protected person status also ceases when the GC ceases to apply.
In the territory of parties to the conflict, the application of the GC shall cease on the
general close of military operations. 49 In most cases, the general close of military operations will
be the final end of all fighting between all those concerned. 50

protected persons under GC if the State that represents them has not formally accepted the Conventions
burdens.).
45

GC art. 4 (Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of
a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has
normal diplomatic representation in the State in whose hands they are.).

46

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 814 (At the first reading several
Delegates argued that the Convention should merely regulate the relations between a belligerent State and the
nationals of an enemy State, and that it should not include relations between the State and nationals of a neutral
country. Other delegates, however, argued that stateless persons should be borne in mind and that, moreover, there
might be, in the territory of a belligerent State, nationals of foreign States who did not benefit by any diplomatic
representation either because their home country had broken off diplomatic relations with the country where they
were or because they had themselves broken away from their country of origin. Our Committee gave the most
careful consideration to this problem and the majority recognized the weight of the reasons put forward by States
sheltering a large number of aliens: the superposition of normal diplomatic representation and of the protection
ensured by the Convention, would lead to complications and would be indefensible from the point of view of
consistency of procedure.).
47

Refer to 15.6.4.1 (Protected Person Status of Neutral Persons in Occupied Territory).

48

GC art. 6 (The present Convention shall apply from the outset of any conflict or occupation mentioned in Article
2.).
49

GC art. 6 (In the territory of Parties to the conflict, the application of the present Convention shall cease on the
general close of military operations.).
50

GC COMMENTARY 62 (What should be understood by the words general close of military operations? In the
opinion of the Rapporteur of Committee III, the general close of military operations was when the last shot has
been fired. There are, however, a certain number of other factors to be taken into account. When the struggle takes
place between two States the date of the close of hostilities is fairly easy to decide: it will depend either on an
armistice, a capitulation or simply on debellatio. On the other hand, when there are several States on one or both of

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In the case of occupied territory, the application of the GC shall cease one year after the
general close of military operations; however, the Occupying Power shall be bound, for the
duration of the occupation, to the extent that such Power exercises the functions of government
in such territory, by the provisions of the following Articles of the GC: 1 through 12, 27, 29
through 34, 47, 49, 51, 52, 53, 59, 61 through 77, and 143. 51
Protected persons whose release, repatriation, or re-establishment may take place after
such dates shall meanwhile continue to benefit from the protection of the GC. 52 Reestablishment refers to protected persons who cannot be repatriated because, for example, they
would be liable to persecution in their own country or because their homes have been
destroyed. 53
10.3.5 State Responsibility for Its Agents Treatment of Protected Persons. A party to the
conflict is responsible for the treatment accorded to protected persons by its agents, irrespective
of any individual responsibility that may be incurred. 54
10.3.6 Non-Renunciation of Rights Secured by the GC. Protected persons may in no
circumstances renounce in part or in entirety the rights secured to them by the GC or by special
agreements, if any, referred to in Article 7 of the GC. 55 A similar provision of the GPW applies
to POWs, and similar provisions of the GWS and GWS-Sea apply to the wounded, sick,
shipwrecked, and military medical and religious personnel. 56

the sides, the question is harder to settle. It must be agreed that in most cases the general close of military
operations will be the final end of all fighting between all those concerned.).
51

Refer to 11.3.2 (Duration of GC Obligations in the Case of Occupied Territory).

52

GC art. 6 (Protected persons whose release, repatriation or re-establishment may take place after such dates shall
meanwhile continue to benefit by the present Convention.).
53

1956 FM 27-10 (Change No. 1 1976) 249b (Reestablishment of Protected Persons. The word
reestablishment, as used in a, refers to protected persons who cannot be repatriated because, for example, they
would be liable to persecution in their own country, or because their homes have been destroyed.). See also GC
COMMENTARY 64 (The time when the Convention as a whole ceases to apply, both in the territory of the Parties to
the conflict and in occupied territory, may quite conceivably come before the protected persons have been able to
resume a normal existence, especially if they have to be repatriated or assisted to resettle. The word
resettlement is used in regard to protected persons who cannot be repatriated for one reason or another and are not
allowed to settle permanently in the country where they are living. In such cases another country must be found
where they will be received and allowed to settle. It was in particular the experience gained at the end of the Second
World War which led to the adoption of this clause.).
54

GC art. 29 (The Party to the conflict in whose hands protected persons may be, is responsible for the treatment
accorded to them by its agents, irrespective of any individual responsibility which may be incurred.). Refer to
18.9.1 (State Responsibility for Violations of the Law of War by Its Armed Forces).
55

GC art. 8 (Protected persons 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.).
Refer to 10.1.1.2 (Special Agreements Under the GC).
56

Refer to 7.2.2 (Non-Renunciation of Rights Secured by the GWS or GWS-Sea); 9.3.7 (Non-Renunciation of
Rights Secured by the GPW).

653

10.4 DEROGATION FOR SECURITY REASONS

Certain rights and privileges of the GC that protected persons receive are subject to
derogation for security reasons.
10.4.1 Derogation in Home Territory. Where, in the territory of a party to the conflict,
the latter is satisfied that an individual protected person is definitely suspected of or engaged in
activities hostile to the security of the State, such individual person shall not be entitled to claim
such rights and privileges under the GC as would, if exercised in the favor of such individual
person, be prejudicial to the security of such State. 57
10.4.2 Derogation in Occupied Territory. Where in occupied territory an individual
protected person is detained as a spy or saboteur, or as a person under definite suspicion of
activity hostile to the security of the Occupying Power, such person shall, in those cases where
absolute military security so requires, be regarded as having forfeited rights of communication
under the GC. 58 For example, it may be necessary to keep the fact of detention secret
temporarily so as not to compromise an ongoing operation against a conspiracy or network of
spies. 59
The derogation provisions relating to the home territory of a belligerent are not applicable
in occupied territory, even though the occupied territory may arguably be characterized as the
home territory of the opposing belligerent (i.e., the country being occupied).
10.4.3 Derogation in Other Areas. To the extent that the rights and privileges of
protected persons afforded by the GC are applied outside the home territory of a party to the
conflict or outside occupied territory, it would be reasonable for such rights and privileges
similarly to be subject to derogation. Thus, if a party to the conflict is satisfied that an individual
protected person is definitely suspected of or engaged in activities hostile to the security of the
State in other contexts, such individual person similarly could be deemed not entitled to claim
such rights and privileges under the GC as would, if exercised in favor of such individual person,
be prejudicial to the security of such State. 60

57

GC art. 5 (Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected
person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person
shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the
favour of such individual person, be prejudicial to the security of such State.).
58

GC art. 5 (Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a
person under definite suspicion of activity hostile to the security of the Occupying Power, such person, shall, in
those cases where absolute military security so requires, be regarded as having forfeited rights of communication
under the present Convention.).

59

GC COMMENTARY 53 (There may of course be occasions when it is desirable to keep the fact of an arrest secret
in the hope of capturing a whole organization or spy ring.).
60

1956 FM 27-10 (Change No. 1 1976) 248b (Where, in territories other than those mentioned in a above, a Party
to the conflict is satisfied that an individual protected person is definitely suspected of or engaged in activities
hostile to the security of the State, such individual person is similarly not entitled to claim such rights and privileges
under GC as would, if exercised in favor of such individual person, be prejudicial to the security of such State.).

654

10.4.4 Limits on Derogation. In each case, such persons shall nevertheless be treated
with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial
prescribed by the GC. 61 No derogation from the provision of humane treatment and the rights of
fair and regular trial is permitted. 62
Such persons shall also be granted the full rights and privileges of a protected person
under the GC at the earliest date consistent with the security of the State or Occupying Power, as
the case may be. 63
10.5 HUMANE TREATMENT AND OTHER BASIC PROTECTIONS FOR PROTECTED PERSONS
Protected persons are entitled, in all circumstances, to respect for their persons, their
honor, their family rights, their religious convictions and practices, and their manners and
customs. They shall at all times be humanely treated, and shall be protected especially against
all acts of violence or threats of violence, and against insults and public curiosity. 64
10.5.1 Protection Against Violence or Threats. Protected persons must at all times be
protected, particularly against acts or threats of violence. For example, the murder of protected
persons is forbidden.
Protected persons should be protected not only against unlawful acts by the agents of the
Detaining Power, but also against violence from other protected persons, such as during
internment or, in the case of protected persons in a belligerents home territory, violence from
members of the civilian population.
10.5.1.1 Measures of Physical Suffering, Extermination, or Other Brutality. The
Parties to the GC specifically agree that each of them is prohibited from taking any measure of
such a character as to cause the physical suffering or extermination of protected persons in their
hands. 65 This prohibition applies not only to murder, torture, corporal punishment, mutilation,
61

GC art. 5 (In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be
deprived of the rights of fair and regular trial prescribed by the present Convention.).
62

Refer to 10.5 (Humane Treatment and Other Basic Protections for Protected Persons); 10.29 (Judicial
Proceedings Regarding Protected Persons in Occupied Territory or Internees).
63

GC art. 5 (They shall also be granted the full rights and privileges of a protected person under the present
Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.).

64

GC art. 27 (Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their
family rights, their religious convictions and practices, and their manners and customs. They shall at all times be
humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults
and public curiosity.). See also GC COMMENTARY 199-200 (Article 27, placed at the head of Part III, occupies a
key position among the Articles of the Convention. It is the basis of the Convention, proclaiming as it does the
principles on which the whole of Geneva Law is founded. It proclaims the principle of respect for the human
person and the inviolable character of the basic rights of individual men and women. The statement of these
principles in an international convention gives them the character of legal obligations and marks an essential stage in
the history of international law -- in particular international humanitarian law, which is concerned above all with
man as man.).
65

GC art. 32 (The High Contracting Parties specifically agree that each of them is prohibited from taking any
measure of such a character as to cause the physical suffering or extermination of protected persons in their
hands.).

655

and medical or scientific experiments not necessitated by the medical treatment of a protected
person, but also to any other measures of brutality whether applied by civilian or military
agents. 66
10.5.1.2 Protection for Women Against Rape or Other Indecent Assault. Women
shall be especially protected against any attack on their honor, in particular against rape,
enforced prostitution, or any form of indecent assault. 67
Although the GC provides special protection for women against these offenses, all
individuals, including children and men, should also be protected against these offenses.
Indecent assault is generally referred to today as sexual assault.
10.5.1.3 Presence May Not Be Used to Render Places Immune From Military
Operations. The presence of a protected person may not be used to render certain points or areas
immune from military operations. 68
10.5.1.4 Taking of Hostages. The taking of hostages is prohibited. 69
10.5.2 Protection Against Insults and Public Curiosity. Internees must at all times be
protected against insults and public curiosity. For example, displaying internees in a humiliating
fashion on television or on the internet would be prohibited. 70 For this reason and others, DoD
policy has prohibited the taking of photographs of detainees except for authorized purposes. 71
10.5.3 Other Prohibited Measures.
10.5.3.1 No Physical or Moral Coercion. No physical or moral coercion shall be
exercised against protected persons, in particular to obtain information from them or from third
parties. 72 For example, protected persons in occupied territory may not be compelled to provide
information about their States military defenses. 73 Other requirements, including the
requirements of U.S. law and policy, would apply to the interrogation of protected persons. 74
66

GC art. 32 (This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or
scientific experiments not necessitated by the medical treatment of a protected person, but also to any other
measures of brutality whether applied by civilian or military agents.).

67

GC art. 27 (Women shall be especially protected against any attack on their honour, in particular against rape,
enforced prostitution, or any form of indecent assault.).
68

GC art. 28 (The presence of a protected person may not be used to render certain points or areas immune from
military operations.).
69

GC art. 34 (The taking of hostages is prohibited.).

70

Compare 9.5.3 (Protection Against Insults and Public Curiosity).

71

Refer to 8.2.2.3 (DoD Practice of Generally Prohibiting Taking Photographs Without Authorization).

72

GC art. 31 (No physical or moral coercion shall be exercised against protected persons, in particular to obtain
information from them or from third parties.).
73

Refer to 11.20.1.4 (Prohibition Against Forcing Inhabitants to Provide Information About the Opposing Army or
Its Means of Defense).
74

Refer to 10.6.2 (Interrogation of Protected Persons).

656

The GCs prohibition against the use of coercion does not apply to those measures
implicitly or explicitly authorized by the GC (such as the use of force to prevent one internee
from harming another) or other lawful measures that are otherwise consistent with the GC (such
as the use of force to prevent internees from escaping internment). 75
10.5.3.2 Collective Penalties and Measures of Intimidation or Terrorism. No
protected person may be punished for an offense he or she has not personally committed. 76
Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. 77
Collective penalties are prohibited as a general matter. 78
10.5.3.3 Pillage Against Protected Persons. Pillage is prohibited. 79 In addition to
this specific prohibition in the GC, pillage is prohibited as a general matter. 80
10.5.4 Reprisals Against Protected Persons and Their Property. Reprisals against
protected persons and their property are prohibited. 81
10.5.5 No Adverse Distinction Based on Race, Religion, or Political Opinion. Without
prejudice to the provisions of the GC relating to their state of health, age, and sex, all protected
persons shall be treated with the same consideration by the party to the conflict in whose power
they are, without any adverse distinction based, in particular, on race, religion, or political
opinion. 82

75

GC COMMENTARY 220 (The general nature of the new provision marks an important step forward in
international law. For its exact significance to be appreciated, it should not be considered in isolation but rather in
the light of the other provisions of the Convention. It will then be seen that there is no question of absolute
prohibition, as might be thought at first sight. The prohibition only applies in so far as the other provisions of the
Convention do not implicitly or explicitly authorize a resort to coercion. Thus, Article 31 is subject to the unspoken
reservation that force is permitted whenever it is necessary to use it in the application of measures taken under the
Convention. This power is embodied and expressed particularly in penal legislation and in the control and security
regulations enacted by the belligerents and to which protected persons are subject.).
76

GC art. 33 (No protected person may be punished for an offence he or she has not personally committed.).

77

GC art. 33 (Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.).
Consider AP I art. 51(2) (Acts or threats of violence the primary purpose of which is to spread terror among the
civilian population are prohibited.).
78

Refer to 8.16.2.1 (Individual Penal Responsibility and No Collective Punishment).

79

GC art. 33 (Pillage is prohibited.).

80

Refer to 5.17.4 (Pillage Prohibited).

81

Refer to 18.18.3.2 (Reprisals Prohibited by the 1949 Geneva Conventions).

82
GC art. 27 (Without prejudice to the provisions relating to their state of health, age and sex, all protected persons
shall be treated with the same consideration by the Party to the conflict in whose power they are, without any
adverse distinction based, in particular, on race, religion or political opinion.).

657

Distinctions are permitted, and in some cases required, for humanitarian reasons. 83 For
example, the GC provides for special treatment for children during internment. 84
Distinction based on religion, political opinion, or other similar criteria may also be made
so long as it is not adverse and it is made to advance legitimate interests, such as maintaining
order in a place of internment. 85
10.5.6 Facility for Applying to the Protecting Powers and Assistance Organizations Such
as the ICRC. Protected persons shall have every facility for making application to the Protecting
Powers, the ICRC, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the
country where they may be, as well as to any organization that might assist them. 86
These several organizations shall be granted all facilities for that purpose by the
authorities, within the bounds set by military or security considerations. 87
Apart from the visits of the delegates of the Protecting Powers and of the ICRC, provided
for by Article 143 of the GC, the Detaining or Occupying Powers shall facilitate as much as
possible visits to protected persons by the representatives of other organizations whose object is
to give spiritual aid or material relief to such persons. 88

83

GC COMMENTARY 426 (All discrimination contrary to Article 27 is prohibited. On the other hand implicit
authority is given for the discrimination permitted by that Article for humanitarian reasons, in order to favour classes
of people who are in particular need of help (the infirm, the sick, pregnant women, etc.). All this is an example of
the application of the principle of non-discrimination, as understood in humanitarian law--that is to say the rule
which forbids all differentiation based on race, political opinions, religion or social class, but at the same time
demands that the different degrees of suffering should be alleviated by different degrees of assistance.).
84

Refer to 4.20.4 (Protection for Children in the Context of Internment Under the GC).

85

Compare 9.5.5 (No Adverse Distinction Based on Race, Nationality, Religion, or Political Belief).

86

GC art. 30 (Protected persons shall have every facility for making application to the Protecting Powers, the
International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the
country where they may be, as well as to any organization that might assist them.).
87

GC art. 30 (These several organizations shall be granted all facilities for that purpose by the authorities, within
the bounds set by military or security considerations.). See also GC COMMENTARY 218 (The Convention requires
the Parties to the conflict to grant all facilities to the Protecting Powers and relief organizations. That means that it
will not be enough merely to authorize them to carry out their work; their task must be facilitated and promoted. It
is the duty of the authorities to take all necessary steps to allow approved organizations to take rapid and effective
action wherever they are asked to give assistance. Among examples of such measures can be mentioned the
provision of facilities for delegates to move about and carry on correspondence, to have free access to all places
where protected persons are living, transport facilities and facilities for distributing relief, etc. The obligation to
facilitate this work is limited however by military or security considerations, as stated in the reservation at the end of
the paragraph. It is essential, however, that the belligerents, who will be sole judges o [sic] the validity of the
reasons put forward, should show moderation in the use they make of this reservation and only apply it in cases of
real necessity).
88

GC art. 30 (Apart from the visits of the delegates of the Protecting Powers and of the International Committee of
the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible
visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or
material relief to such persons.).

658

10.6 MEASURES OF CONTROL AND SECURITY

The parties to the conflict may take such measures of control and security in regard to
protected persons as may be necessary as a result of the war. 89 For example, in a belligerents
home territory, measures of control are normally taken with respect to, at the very least, persons
known to be active or reserve members of a hostile army, persons who would be liable to service
in the enemy forces, and persons who it is expected would furnish information or other aid to a
hostile State. 90
These measures may include, for example, requiring protected persons: (1) to register
with and report periodically to the police authorities; (2) to carry identity cards or special papers;
(3) to refrain from carrying weapons; (4) to refrain from changing their place of residence
without permission; (5) to refrain from accessing certain areas; (6) to have an assigned residence;
and (7) to be interned. 91
This section addresses searches, interrogation, and general rules for measures of control
and security applied to protected persons, which must be applied consistent with humane
treatment requirements. 92
10.6.1 General Authority of a Belligerent to Search and Secure Protected Persons and
Their Property. The measures of control and security that a belligerent may take in regard to
protected persons include searching and securing protected persons and their property when
necessary as a result of the war (e.g., for security reasons and intelligence purposes). 93
10.6.1.1 Searches of Protected Persons. The dignity and honor of the protected
person being searched should be protected to the greatest degree possible under the
circumstances. 94 The person conducting the search should avoid doing or saying anything likely
to be regarded as indecent. In some circumstances, it may be appropriate for a witness to

89

GC art. 27 (However, the Parties to the conflict may take such measures of control and security in regard to
protected persons as may be necessary as a result of the war.).
90

1956 FM 27-10 (Change No. 1 1976) 26 (Measures of control are normally taken with respect to at least
persons known to be active or reserve members of a hostile army, persons who would be liable to service in the
enemy forces, and persons who it is expected would furnish information or other aid to a hostile State.).
91

GC COMMENTARY 207 (The various security measures which States might take are not specified; the Article
merely lays down a general provision. There are a great many measures, ranging from comparatively mild
restrictions such as the duty of registering with and reporting periodically to the police authorities, the carrying of
identity cards or special papers, or a ban on the carrying of arms, to harsher provisions such as a prohibition on any
change in place of residence without permission, prohibition of access to certain areas, restrictions of movement, or
even assigned residence and internment (which, according to Article 41, are the two most severe measures a
belligerent may inflict on protected persons). A great deal is thus left to the discretion of the Parties to the conflict
as regards the choice of means. What is essential is that the measures of constraint they adopt should not affect the
fundamental rights of the persons concerned.).
92

Refer to 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).

93

Compare 9.6 (Security Measures With Respect to POWs).

94

Refer to 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).

659

observe the search so as to protect both the person being searched from abuse and the person
conducting the search from unfounded accusations of abuse.
10.6.1.2 Search of Female Protected Persons. It is appropriate for female
protected persons to be searched by female personnel, if possible. This practice helps reduce the
risk of accusations of indecent behavior.
A woman internee shall not be searched except by a woman. 95
10.6.1.3 Securing Protected Persons With Handcuffs and Other Security Devices.
When necessary for security reasons, protected persons may be secured temporarily with
handcuffs, flex cuffs, blindfolds, or other security devices. 96
10.6.1.4 Search of the Property of Protected Persons. When necessary as a result
of the war, items in the possession of protected persons may be removed and searched, but
property should be returned as soon as possible, absent a legal basis for the seizure of the
property. 97
10.6.2 Interrogation of Protected Persons. The law of war does not prohibit interrogation
of protected persons, but specifies conditions and limitations for conducting interrogation.
10.6.2.1 Humane Treatment During Interrogation. Interrogation must be carried
out in a manner consistent with the requirements for humane treatment, including the prohibition
against acts of violence or intimidation, and insults. 98
No physical or moral coercion shall be exercised against protected persons to obtain
information from them or from third parties. 99
10.6.2.2 Additional U.S. Law and Policy on Interrogation. U.S. law and policy
impose additional requirements on the interrogation of protected persons. 100
10.6.3 No Measures of Control More Severe Than Assigned Residence or Internment. If
the measures of control mentioned in the GC for protected persons are considered to be
inadequate by the Power imposing them, that Power may not have recourse to any other measure
of control more severe than that of assigned residence or internment, in accordance with the
provisions of Articles 42 and 43 of the GC. 101

95

GC art. 97 (A woman internee shall not be searched except by a woman.).

96

Compare 9.6.2 (Securing POWs With Handcuffs and Other Security Devices).

97

Refer to 5.17 (Seizure and Destruction of Enemy Property).

98

Refer to 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).

99

Refer to 10.5.3.1 (No Physical or Moral Coercion).

100

Refer to, e.g., 8.4.2 (Additional U.S. Law and Policy on Interrogation).

101

GC art. 41 (Should the Power in whose hands protected persons may be consider the measures of control
mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control

660

Similarly, if the Occupying Power considers it necessary, for imperative reasons of

security, to take safety measures concerning protected persons, it may, at the most, subject them
to assigned residence or to internment. 102
10.6.4 Support to Persons Who Are Assigned Residence Should Be Guided by
Internment Standards. In applying the provisions of the second paragraph of Article 39 of the
GC to the cases of persons required to leave their usual places of residence by virtue of a
decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as
closely as possible by the standards of welfare set forth in Part III, Section IV of the GC. 103 In
other words, if the State assigns residence to a protected person in its home territory that results
in the protected person being unable to support himself or herself and his or her dependents, the
State shall provide support to that protected person and his or her dependents, being guided as
closely as possible by the standards of welfare set forth in Part III, Section IV of the GC, which
provides regulations for the treatment of internees.
Similarly, in occupied territory, protected persons made subject to assigned residence and
thus required to leave their homes shall enjoy the full benefit of Article 39 of the GC. 104 For
example, the internment standards in the GC should also be a guide for support to protected
persons and their dependents who are subject to assigned residence in occupied territory.
10.6.5 Refugees Who Do Not Enjoy the Protection of Any Government. In applying the
measures of control mentioned in the GC to protected persons in its home territory, the Detaining
Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an
enemy State, refugees who do not, in fact, enjoy the protection of any government. 105 For
example, a refugee who is not actually protected by his or her government should not be
automatically subject to control measures simply on the basis of enemy nationality, but may be
subject to any other recognized control measure if there are additional reasons for such action. 106
more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and
43.).
102

GC art. 78 (If the Occupying Power considers it necessary, for imperative reasons of security, to take safety
measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.).
103
GC art. 41 (In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave
their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining
Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this
Convention.).
104

GC art. 78 (Protected persons made subject to assigned residence and thus required to leave their homes shall
enjoy the full benefit of Article 39 of the present Convention.).

105

GC art. 44 (In applying the measures of control mentioned in the present Convention, the Detaining Power shall
not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not,
in fact, enjoy the protection of any government.).
106

See 1956 FM 27-10 (Change No. 1 1976) 283b (The purpose of the foregoing article [37 of the GC] is to insure
that refugees who may only technically remain enemy aliens are not on that basis automatically subject to control
measures, notwithstanding the fact they actually are not protected by their government. However, the quoted
provision does not in any way deny the right of a State to intern any such person or subject him to any other
recognized measure of control when there is any additional reason that renders necessary the taking of such action as
may be required for the security of the State in a moment of national crisis.).

661

10.7 GENERAL TREATMENT OF PROTECTED PERSONS IN A BELLIGERENTS HOME TERRITORY

10.7.1 Regulation of the Situation of Protected Persons, in Principle, by Provisions
Applicable to Aliens in Time of Peace. With the exception of special measures authorized by the
GC, in particular by Articles 27 and 41 of the GC (i.e., measures of control and security, such as
internment), the situation of protected persons shall continue to be regulated, in principle, by the
provisions concerning aliens in time of peace. 107 In any case, the following rights shall be
granted to them:

They shall be enabled to receive the individual or collective relief that may be sent to
them (e.g., by their home country or national or international relief organizations, such as
the ICRC).

They shall, if their state of health so requires, receive medical attention and hospital
treatment to the same extent as the nationals of the State concerned.

They shall be allowed to practice their religion and to receive spiritual assistance from
ministers of their faith.

If they reside in an area particularly exposed to the dangers of war, they shall be
authorized to move from that area to the same extent as the nationals of the State
concerned.

Children under fifteen years, pregnant women, and mothers of children under seven years
shall benefit from any preferential treatment to the same extent as the nationals of the
State concerned. 108

10.7.2 Opportunity for Employment and Other Support. Protected persons who, as a
result of the war, have lost their gainful employment, shall be granted the opportunity to find
paid employment. 109 That opportunity shall, subject to security considerations and to the

107

GC art. 38 (With the exception of special measures authorized by the present Convention, in particular by
Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the
provisions concerning aliens in time of peace.).
108

GC art. 38 (In any case, the following rights shall be granted to them: (1) They shall be enabled to receive the
individual or collective relief that may be sent to them. (2) They shall, if their state of health so requires, receive
medical attention and hospital treatment to the same extent as the nationals of the State concerned. (3) They shall be
allowed to practise their religion and to receive spiritual assistance from ministers of their faith. (4) If they reside in
an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same
extent as the nationals of the State concerned. (5) Children under fifteen years, pregnant women and mothers of
children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State
concerned.).
109

GC art. 39 (Protected persons who, as a result of the war, have lost their gainful employment, shall be granted
the opportunity to find paid employment.).

662

provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory
they are. 110
10.7.2.1 Support When Measures of Control Are Applied. Where a party to the
conflict applies to a protected person methods of control that result in that person being unable to
support himself or herself, and especially if such a person is prevented for reasons of security
from finding paid employment on reasonable conditions, that party shall ensure his or her
support and that of his or her dependents. 111
10.7.2.2 Receipt of Allowances. Protected persons may in any case receive
allowances from their home country, the Protecting Power, or the relief societies referred to in
Article 30 of the GC (e.g., the ICRC). 112
10.7.3 Compulsory Work for Protected Persons in a Belligerents Home Territory.
Protected persons may be compelled to work only to the same extent as nationals of the party to
the conflict in whose territory they are. 113
If protected persons are of enemy nationality, they may only be compelled to do work
that is normally necessary to ensure the feeding, sheltering, clothing, transport, and health of
human beings and that is not directly related to the conduct of military operations. 114
In the cases mentioned in the two preceding paragraphs, protected persons compelled to
work shall have the benefit of the same working conditions and of the same safeguards as
national workers, in particular as regards wages, hours of labor, clothing and equipment,
previous training, and compensation for occupational accidents and diseases. 115

110

GC art. 39 (That opportunity shall, subject to security considerations and to the provisions of Article 40, be
equal to that enjoyed by the nationals of the Power in whose territory they are.).
111

GC art. 39 (Where a Party to the conflict applies to a protected person methods of control which result in his
being unable to support himself, and especially if such a person is prevented for reasons of security from finding
paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.).
112

GC art. 39 (Protected persons may in any case receive allowances from their home country, the Protecting
Power, or the relief societies referred to in Article 30.).
113

GC art. 40 (Protected persons may be compelled to work only to the same extent as nationals of the Party to the
conflict in whose territory they are.).
114

GC art. 40 (If protected persons are of enemy nationality, they may only be compelled to do work which is
normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not
directly related to the conduct of military operations.).
115

GC art. 40 (In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall
have the benefit of the same working conditions and of the same safeguards as national workers, in particular as
regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational
accidents and diseases.).

663

If the above provisions are infringed, protected persons shall be allowed to exercise their
right of complaint in accordance with Article 30 of the GC. 116
10.7.4 Cancellation of Restrictive Measures After Hostilities. In so far as they have not
been previously withdrawn, restrictive measures taken regarding protected persons shall be
cancelled as soon as possible after the close of hostilities.117 Restrictive measures affecting their
property shall be cancelled, in accordance with the law of the Detaining Power, as soon as
possible after the close of hostilities.118
10.8 EXPULSION FROM AREAS WITHIN A BELLIGERENTS HOME TERRITORY AND DEPARTURE AND
TRANSFERS OF PROTECTED PERSONS FROM A BELLIGERENTS HOME TERRITORY
10.8.1 Expulsion From Areas Within a Belligerents Home Territory. At the outbreak of
hostilities, a State may expel or bar the citizens or subjects of the enemy State from its seaports,
the area surrounding airbases, airports, and fortified places, areas of possible attack, and the
actual or contemplated theaters of operation.
When such expulsion is decreed, the persons expelled should be given such reasonable
notice, consistent with public safety, as will enable them to arrange for the collection, disposal,
and removal of their goods and property, and for the settlement of their personal affairs. 119
Although such expulsion must be implemented in a humane manner, the provisions of the
GC addressing a States internment or assigned residence of civilians of an enemy State in its
home territory (Articles 41-45), including the transfer of internees to other countries, do not
apply to such expulsion.120

116

GC art. 40 (If the above provisions are infringed, protected persons shall be allowed to exercise their right of
complaint in accordance with Article 30.). Refer to 10.5.6 (Facility for Applying to the Protecting Powers and
Assistance Organizations Such as the ICRC).
117

GC art. 46 (In so far as they have not been previously withdrawn, restrictive measures taken regarding protected
persons shall be cancelled as soon as possible after the close of hostilities.).
118

GC art. 46 (Restrictive measures affecting their property shall be cancelled, in accordance with the law of the
Detaining Power, as soon as possible after the close of hostilities.).
119

See 1956 FM 27-10 (Change No. 1 1976) 27 (In modern practice at the outbreak of hostilities the expulsion of
the citizens or subjects of the enemy is generally decreed from seaports, the area surrounding airbases, airports, and
fortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion is
decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable
them to arrange for the collection, disposal, and removal of their goods and property and for the settlement of their
personal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (pars.
280-284).).

120

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 826 (The internment procedure
laid down in Article 40 is similar to that provided for in Article 32 with regard to the authorization to leave the
territory. Article 40 also empowers a court or administrative board, to be selected by the Detaining Power, to take
decisions in cases of appeal against internment or assigned residence. The term assigned residence obviously
denotes a measure applicable to one person or one family, not the prohibition to enter or reside in a specified zone
imposed upon an anonymous body of people such as all the nationals of a certain State.).

664

10.8.2 Departures of Protected Persons From a Belligerents Home Territory. All

protected persons who may desire to leave the territory at the outset of or during a conflict shall
be entitled to do so, unless their departure is contrary to the national interests of the State. 121 The
applications of such persons to leave shall be decided in accordance with regularly established
procedures, and the decision shall be taken as rapidly as possible. 122 Those persons permitted to
leave may provide themselves with the necessary funds for their journey and take with them a
reasonable amount of their effects and articles of personal use. 123
If any such person is refused permission to leave the territory, he or she shall be entitled
to have such refusal reconsidered as soon as possible by an appropriate court or administrative
board designated by the Detaining Power for that purpose. 124
Upon request, representatives of the Protecting Power shall, unless reasons of security
prevent it, or the persons concerned object, be furnished with the reasons for refusal of any
request for permission to leave the territory and be given, as expeditiously as possible, the names
of all persons who have been denied permission to leave. 125
Departures permitted under Article 35 of the GC shall be carried out in satisfactory
conditions as regards safety, hygiene, sanitation, and food. 126 All costs in connection therewith,
from the point of exit in the territory of the Detaining Power, shall be borne by the country of
destination or, in the case of accommodation in a neutral country, by the Power whose nationals
are benefited. 127 The practical details of such movements may, if necessary, be settled by special
agreements between the Powers concerned. 128

121

GC art. 35 (All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall
be entitled to do so, unless their departure is contrary to the national interests of the State.).
122

GC art. 35 (The applications of such persons to leave shall be decided in accordance with regularly established
procedures and the decision shall be taken as rapidly as possible.).
123

GC art. 35 (Those persons permitted to leave may provide themselves with the necessary funds for their journey
and take with them a reasonable amount of their effects and articles of personal use.).
124

GC art. 35 (If any such person is refused permission to leave the territory, he shall be entitled to have such
refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining
Power for that purpose.).
125

GC art. 35 (Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or
the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the
territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to
leave.).
126

GC art. 36 (Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as
regards safety, hygiene, sanitation and food.).
127

GC art. 36 (All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall
be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose
nationals are benefited.).

128

GC art. 36 (The practical details of such movements may, if necessary, be settled by special agreements between
the Powers concerned.).

665

The foregoing shall not prejudice such special agreements as may be concluded between
parties to the conflict concerning the exchange and repatriation of their nationals in enemy
hands. 129
Protected persons who are confined pending proceedings or serving a sentence involving
loss of liberty shall be treated humanely during their confinement. 130 As soon as they are
released, they may ask to leave the territory in conformity with Articles 35 and 36 of the GC. 131
10.8.3 Transfers of Protected Persons From a Belligerents Home Territory.
10.8.3.1 Requirements for Transfer. Protected persons shall not be transferred to
a Power that is not a Party to the GC. 132 This provision shall in no way constitute an obstacle to
the repatriation of protected persons, or to their return to their country of residence after the
cessation of hostilities. 133
Protected persons may be transferred by the Detaining Power only to a Power that is a
Party to the GC and after the Detaining Power has satisfied itself of the willingness and ability of
such receiving Power to apply the GC. 134
In no circumstances shall a protected person be transferred to a country where he or she
may have reason to fear persecution for his or her political opinions or religious beliefs. 135 In
addition, U.S. policy provides that no detainee shall be transferred to another State if it is more
likely than not that the detainee would be tortured in the receiving country. 136
The provisions of Article 45 of the GC do not constitute an obstacle to the extradition,
under extradition treaties concluded before the outbreak of hostilities, of protected persons
accused of offenses against ordinary criminal law. 137
129

GC art. 36 (The foregoing shall not prejudice such special agreements as may be concluded between Parties to
the conflict concerning the exchange and repatriation of their nationals in enemy hands.).
130

GC art. 37 (Protected persons who are confined pending proceedings or serving a sentence involving loss of
liberty, shall during their confinement be humanely treated.).

131

GC art. 37 (As soon as they are released, they may ask to leave the territory in conformity with the foregoing
Articles.).
132

GC art. 45 (Protected persons shall not be transferred to a Power which is not a party to the Convention.).

133

GC art. 45 (This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to
their return to their country of residence after the cessation of hostilities.).
134

GC art. 45 (Protected persons may be transferred by the Detaining Power only to a Power which is a party to the
present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee
Power to apply the present Convention.).
135

GC art. 45 (In no circumstances shall a protected person be transferred to a country where he or she may have
reason to fear persecution for his or her political opinions or religious beliefs.).
136

Refer to 8.14.4.1 (U.S. Policy Prohibiting Transfers in Cases in Which Detainees Would Likely Be Tortured).

137

GC art. 45 (The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of
extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against
ordinary criminal law.).

666

10.8.3.2 Responsibility Upon Transfer. If protected persons are transferred under

such circumstances, responsibility for the application of the GC rests on the Power accepting
them, while they are in its custody. 138 Nevertheless, if that Power fails to carry out the
provisions of the GC in any important respect, the Power by which the protected persons were
transferred shall, upon being so notified by the Protecting Power, take effective measures to
correct the situation or shall request the return of the protected persons. 139 Such request must be
complied with. 140
10.9 INTERNMENT
The parties to the conflict shall not intern protected persons, except in accordance with
the provisions of Articles 41, 42, 43, 68, and 78 of the GC. 141
10.9.1 Principles Underlying the Internment of Protected Persons Compared to Those
Underlying POW Internment. In some respects, the principles underlying the internment of
protected persons are similar to the principles underlying the internment of POWs. 142 For
example, the internment of protected persons is non-punitive, the Detaining Power is responsible
for the treatment of internees in its custody, and humane treatment is required.
However, the GC recognizes that the internment of protected persons is quite different in
character from that of POWs by requiring the separation of internees from POWs. 143 Protected
persons interned for security reasons, in theory, have not participated in hostilities.144 Thus, their
internment shall cease when the reasons that have necessitated it have ceased, which may occur
before the end of the conflict. 145 In practice, however, internment for security reasons may
involve persons who have participated in hostilities, and such persons continued detention for
the duration of the conflict may be justified in order to prevent their further participation in the
conflict.

138
GC art. 45 (If protected persons are transferred under such circumstances, responsibility for the application of
the present Convention rests on the Power accepting them, while they are in its custody.).
139

GC art. 45 (Nevertheless, if that Power fails to carry out the provisions of the present Convention in any
important respect, the Power by which the protected persons were transferred shall, upon being so notified by the
Protecting Power, take effective measures to correct the situation or shall request the return of the protected
persons.).
140

GC art. 45 (Such request must be complied with.).

141

GC art. 79 (The Parties to the conflict shall not intern protected persons, except in accordance with the
provisions of Articles 41, 42, 43, 68 and 78.).
142

Refer to 9.2 (General Principles Applicable to the Treatment of POWs).

143

Refer to 10.10.1 (Segregation From Other Types of Detainees).

144

GC COMMENTARY 368 (The persons subjected to these measures [of assigned residence or internment in
accordance with Article 78 of the GC] are not, in theory, involved in the struggle. The precautions taken with regard
to them cannot, therefore, be in the nature of a punishment.).
145

Refer to 10.9.5 (Release As Soon As Reasons for Internment No Longer Exist).

667

On the other hand, internees are not members of the armed forces and, thus, in certain
respects, have not earned the special privileges that POWs have earned. 146 For example,
although internees receive allowances, internees do not receive specified advances of pay like
POWs.147 Similarly, internees who have successfully escaped do not benefit from the immunity
from punishment applicable to POWs who have successfully escaped. 148
10.9.2 Procedure for Internment or Assigned Residence on Home Territory.
10.9.2.1 Internment or Assigned Residence Only if Absolutely Necessary. The
internment or placing in assigned residence of protected persons may be ordered only if the
security of the Detaining Power makes it absolutely necessary. 149
10.9.2.2 Voluntary Internment. If any person, acting through the representatives
of the Protecting Power, voluntarily demands internment, and if his or her situation renders this
step necessary, he or she shall be interned by the Power in whose hands he or she may be. 150
10.9.2.3 Reconsideration and Periodic Review. Any protected person who has
been interned or placed in assigned residence shall be entitled to have such action reconsidered
as soon as possible by an appropriate court or administrative board designated by the Detaining
Power for that purpose. 151 If the internment or placing in assigned residence is maintained, the
court or administrative board shall periodically, and at least twice yearly, give consideration to
his or her case, with a view to the favorable amendment of the initial decision, if circumstances
permit. 152
10.9.2.4 Notification to the Protecting Power. Unless the protected persons
concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power
the names of any protected persons who have been interned or subjected to assigned residence,

146

See, e.g., II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 681 (Mr. WERSHOF
(Canada) suggested that the first paragraph should be deleted. He failed to see why the Detaining Power should
make an allowance of any kind to enemy aliens whom it considered dangerous. He was of the opinion that the
analogy between internees and prisoners of war had been carried too far. Prisoners of war had earned a standard of
treatment which had not been earned by internees.).

147

Refer to 10.19.2 (Internee Allowances); 9.18.3 (Advance of Pay).

148

Refer to 10.26 (Internee Escapes); 9.25.1 (No Punishment for Successful Escape).

149

GC art. 42 (The internment or placing in assigned residence of protected persons may be ordered only if the
security of the Detaining Power makes it absolutely necessary.).
150

GC art. 42 (If any person, acting through the representatives of the Protecting Power, voluntarily demands
internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may
be.).
151

GC art. 43 (Any protected person who has been interned or placed in assigned residence shall be entitled to have
such action reconsidered as soon as possible by an appropriate court or administrative board designated by the
Detaining Power for that purpose.).
152
GC art. 43 (If the internment or placing in assigned residence is maintained, the court or administrative board
shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable
amendment of the initial decision, if circumstances permit.).

668

or who have been released from internment or assigned residence. 153 The decisions of the courts
or boards mentioned in the first paragraph of Article 43 of the GC shall also, subject to the same
conditions, be notified as rapidly as possible to the Protecting Power. 154
10.9.3 Procedure for Internment or Assigned Residence in Occupied Territory. The
requirements in the GC for the procedure for assigned residence or internment of protected
persons in occupied territory are not as elaborate as those applicable in a belligerents home
territory because of concerns that it would not be practicable to implement the requirements
applicable in a belligerents home territory in view of the disorder that might prevail in occupied
territory. 155
10.9.3.1 Internment or Assigned Residence for Imperative Reasons of Security. If
the Occupying Power considers it necessary, for imperative reasons of security, to take safety
measures concerning protected persons, it may, at the most, subject them to assigned residence
or to internment. 156
Decisions regarding such assigned residence or internment shall be made according to a
regular procedure to be prescribed by the Occupying Power in accordance with the provisions of
the GC. 157 This procedure shall include the right of appeal for the parties concerned. 158 Appeals
shall be decided with the least possible delay. 159 In the event of the decision being upheld, it
shall be subject to periodic review, if possible every six months, by a competent body set up by
the Occupying Power. 160 Competent bodies to review the internment or assigned residence of
protected persons may be created with advisory functions only, leaving the final decision to a
high official of the Government. 161

153

GC art. 43 (Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible,
give the Protecting Power the names of any protected persons who have been interned or subjected to assigned
residence, or who have been released from internment or assigned residence.).
154

GC art. 43 (The decisions of the courts or boards mentioned in the first paragraph of the present Article shall
also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.).
155

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 773 ([T]he Drafting Committee
had felt that in view of the disorder which might prevail in occupied territory, it would not be practicable to lay
down an elaborate procedure for internement, similar to that provided for the territory of a Party to the conflict.
They had felt that it would be wiser to content themselves with making the Occupying Power responsible for
establishing a regular and systematic procedure to suit the circumstances. The Occupying Power would then have
no excuse for making arbitrary decisions regarding internment.).

156

GC art. 78 (If the Occupying Power considers it necessary, for imperative reasons of security, to take safety
measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.).
157

GC art. 78 (Decisions regarding such assigned residence or internment shall be made according to a regular
procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention.).
158

GC art. 78 (This procedure shall include the right of appeal for the parties concerned.).

159

GC art. 78 (Appeals shall be decided with the least possible delay.).

160

GC art. 78 (In the event of the decision being upheld, it shall be subject to periodical review, if possible every
six months, by a competent body set up by the said Power.).
161

1956 FM 27-10 (Change No. 1 1976) 433b (Competent bodies to review the internment or assigned residence
of protected persons may be created with advisory functions only, leaving the final decision to a high official of the

669

10.9.3.2 Internment for Minor Offenses Directed Against the Occupying Power.
Protected persons who commit an offense that is solely intended to harm the Occupying Power,
but that does not constitute an attempt on the life or limb of members of the occupying forces or
administration, nor a grave collective danger, nor seriously damage the property of the
occupying forces or administration or the installations used by them, shall be liable to internment
or simple imprisonment, provided the duration of such internment or imprisonment is
proportionate to the offense committed. 162 Furthermore, internment or imprisonment shall, for
such offenses, be the only measure adopted for depriving protected persons of liberty. 163 The
courts provided for under Article 66 of the GC may at their discretion convert a sentence of
imprisonment to one of internment for the same period. 164
10.9.4 Maintenance of Internees. Parties to the conflict who intern protected persons
shall be bound to provide free of charge for their maintenance, and to grant them also the
medical attention required by their state of health. 165 No deduction from the allowances,
salaries, or credits due to the internees shall be made for the repayment of these costs. 166 The
Detaining Power shall provide for the support of those dependent on the internees, if such
dependents are without adequate means of support or are unable to earn a living. 167
10.9.5 Release As Soon As Reasons for Internment No Longer Exist. Each interned
person shall be released by the Detaining Power as soon as the reasons that necessitated his or
her internment no longer exist.168
10.9.6 Agreements for the Release, Return, or Accommodation in a Neutral Country of
Certain Classes of Internees. The parties to the conflict shall endeavor during the course of
Government.); SENATE EXECUTIVE REPORT 84-9, Geneva Conventions for the Protection of War Victims: Report
of the Committee on Foreign Relations on Executives D, E, F, and G, 82nd Congress, First Session, 22 (Jun. 27,
1955) (In article 78 it is likewise provided that persons who have been placed in internment or assigned residence
in occupied territory, shall be entitled to review or reconsideration by a competent body. From information
furnished to the committee by the executive branch it appears that the administrative boards and the competent
bodies contemplated by the three articles to reconsider decisions in these cases may be created with advisory
functions only, leaving the final decision to a high official or officer of the government. This understanding of the
provisions appears to be a reasonable one to the committee.).
162

Refer to 11.11.4 (Limitations on Penalties for Certain, Non-Serious Offenses Solely Intended to Harm the
Occupying Power).
163

Refer to 11.11.4.1 (Internment or Imprisonment as the Only Measure Adopted for Depriving Protected Persons
of Liberty for Such Offenses).
164

Refer to 11.11.4.2 (Discretion of Non-Political, Military Courts to Convert Sentences of Imprisonment to

Sentences of Internment).
165

GC art. 81 (Parties to the conflict who intern protected persons shall be bound to provide free of charge for their
maintenance, and to grant them also the medical attention required by their state of health.).
166

GC art. 81 (No deduction from the allowances, salaries or credits due to the internees shall be made for the
repayment of these costs.).
167

GC art. 81 (The Detaining Power shall provide for the support of those dependent on the internees, if such
dependents are without adequate means of support or are unable to earn a living.).
168

GC art. 132 (Each interned person shall be released by the Detaining Power as soon as the reasons which
necessitated his internment no longer exist.).

670

hostilities to conclude agreements for the release, the repatriation, the return to places of
residence, or the accommodation in a neutral country of certain classes of internees, in particular
children, pregnant women, and mothers with infants and young children, wounded and sick, and
internees who have been detained for a long time. 169
10.10 SEGREGATION OF INTERNEES
10.10.1 Segregation From Other Types of Detainees. Internees shall be accommodated
and administered separately from POWs and from persons deprived of liberty for any other
reason. 170 This rule reflects the difference in character between the internment of internees from
other types of detention or confinement. 171
10.10.2 Accommodation According to Nationality, Language, and Customs. The
Detaining Power shall, as far as possible, accommodate the internees according to their
nationality, language, and customs. 172 Unlike the comparable rule in the GPW, this provision
has the qualification as far as possible because of the competing interest in leaving internees
near their families and because POWs are generally automatically grouped by nationality as a
consequence of the circumstances of their capture. 173 Internees who are nationals of the same
country shall not be separated merely because they speak different languages. 174
10.10.3 Families Kept Together. Throughout the duration of their internment, members
of the same family, and in particular parents and children, shall be lodged together in the same
place of internment, except when separation of a temporary nature is necessitated for reasons of
employment or health or for the purposes of enforcement of the provisions of Chapter IX (Penal
169

GC art. 132 (The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude
agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral
country of certain classes of internees, in particular children, pregnant women and mothers with infants and young
children, wounded and sick, and internees who have been detained for a long time.).
170

GC art. 84 (Internees shall be accommodated and administered separately from prisoners of war and from
persons deprived of liberty for any other reason.).
171

GC COMMENTARY 384 (This provision shows once more that the detention of internees is quite different in
character from that of prisoners of war or common criminals. Internment is simply a precautionary measure and
should not be confused with the penalty of imprisonment.).

172

GC art. 82 (The Detaining Power shall, as far as possible, accommodate the internees according to their
nationality, language and customs.).
173

GC COMMENTARY 380 (This paragraph corresponds to paragraph 3 of Article 22 of the Convention relative to
the Treatment of Prisoners of War. It states, but in less mandatory form, the principIe that internees should be
grouped, adding the words as far as possible which do not occur in the Prisoners of War Convention. Indeed,
prisoners of war generally fall into groups of the same nationality as a natural consequence of being captured
together and grouping can be organized to a certain extent automatically. The grouping of civilians, on the other
hand, who are taken into custody separately and sometimes coming from places distant from one another, presents
some difficulties. It is better in certain cases to leave the internees near their families rather than to send them to a
distance, in order to reunite them with persons of the same language and nationality. It is for this reason that Article
82 of the Fourth Convention is not mandatory.). Refer to 9.12.1 (Assembling According to Nationality,
Language, and Customs).
174

GC art. 82 (Internees who are nationals of the same country shall not be separated merely because they have
different languages.).

671

and Disciplinary Sanctions) of Section IV of the GC. 175 Keeping families together during
internment is intended to improve the morale and welfare of internees. 176
Internees may request that their children who are left at liberty without parental care shall
be interned with them. 177 For example, two parents who are interned together may request that
their children be interned with them, but one of the parents would not be able to request the
internment of a child being cared for by a parent who was not being interned. 178
Wherever possible, interned members of the same family shall be housed in the same
premises and given separate accommodation from other internees, together with facilities for
leading a proper family life. 179
10.11 SAFETY, HYGIENE, AND LIVING CONDITIONS IN PLACES OF INTERNMENT
10.11.1 Safety of Places of Internment.
10.11.1.1 Avoidance of Particularly Dangerous Areas. The Detaining Power
shall not set up places of internment in areas particularly exposed to the dangers of war. 180
10.11.1.2 Sharing Information on the Location of Places of Internment.
Detaining Powers shall give enemy Powers, through the intermediary of the Protecting Powers,
all useful information regarding the geographic location of places of internment. 181
10.11.1.3 Marking of Internment Camps. Whenever military considerations
permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible
175

GC art. 82 (Throughout the duration of their internment, members of the same family, and in particular parents
and children, shall be lodged together in the same place of internment, except when separation of a temporary nature
is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter
IX of the present Section.).
176

See GC COMMENTARY 380-81 (The experience of the Second World War showed that internment was far less
difficult to bear whenever internees could be grouped together in families. In India, Rhodesia, Kenya, Uganda,
Tanganyika, Eritrea and France (at Vittel), such groups were successfully organized and the morale of the internees
was better in those places than in other places of internment. Children benefited from the presence of their parents
and were able to attend the school set up inside the camp. It is to the results of this experience which paragraphs 2
and 3 try to give permanent form in accordance with the recommendations of the experts.).
177

GC art. 82 (Internees may request that their children who are left at liberty without parental care shall be
interned with them.).
178

GC COMMENTARY 381 (The report of the Third Committee indicates that the addition of the words without
parental care is intended to show that if only one of the parents is interned, he or she would not have the right,
under the Convention, to demand the internment of a child being cared for by the other parent. On the other hand,
the father and mother would have the right to demand such internment if they were interned together.).
179

GC art. 82 (Wherever possible, interned members of the same family shall be housed in the same premises and
given separate accommodation from other internees, together with facilities for leading a proper family life.).
180

GC art. 83 (The Detaining Power shall not set up places of internment in areas particularly exposed to the
dangers of war.).
181

GC art. 83 (The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting
Powers, all useful information regarding the geographical location of places of internment.).

672

in the daytime from the air. 182 The Powers concerned may, however, agree upon any other
system of marking. 183 No place, other than an internment camp, shall be marked as such. 184
The caveat that internment camps need to be marked, as such, only when military
considerations permit was intended to allow for camps not to be marked, e.g., if such
identification would enable an Enemy Power to instigate a revolt in the camp, provide weapons
to the internees, enable escape attempts, etc. 185
10.11.1.4 Air-Raid Shelters and Protective Measures for Internees. In all places
of internment exposed to air raids and other hazards of war, shelters adequate in number and
structure to ensure the necessary protection shall be installed. 186 In case of alarms, the internees
shall be free to enter such shelters as quickly as possible, excepting those who remain for the
protection of their quarters against these hazards. 187 Any protective measures taken in favor of
the population shall also apply to the internees. 188
10.11.1.5 Fire Precautions. All due precautions must be taken in places of
internment against the danger of fire. 189
10.11.2 Hygiene of Places of Internment. In no case shall permanent places of
internment be situated in unhealthy areas, or in districts the climate of which is injurious to the
internees. 190 In all cases where the district in which a protected person is temporarily interned is

182

GC art. 83 (Whenever military considerations permit, internment camps shall be indicated by the letters IC,
placed so as to be clearly visible in the daytime from the air.).
183

GC art. 83 (The Powers concerned may, however, agree upon any other system of marking.).

184

GC art. 83 (No place other than an internment camp shall be marked as such.).

185

GC COMMENTARY 383 (At the very beginning of hostilities during the Second World War, the International
Committee of the Red Cross appealed to belligerents to mark their prisoner-of-war camps to protect them against
bombing. Fearing that this would provide landmarks for the enemy air force, the Powers rejected the appeal.
However, prisoners adopted the habit of displaying markings during the day consisting of large panels bearing the
letters PG or PW. This method was approved by the Diplomatic Conference. It is, however, subject to an important
reservation drafted in the same way in the case of prisoners of war and of civilian internees: whenever military
considerations permit. This means that in the case of civilian internment camps, the daytime marking by means of
the letters IC could be discontinued if the Detaining Power feared, for example, a parachute drop of arms to help the
internees to revolt.).
186

GC art. 88 (In all places of internment exposed to air raids and other hazards of war, shelters adequate in
number and structure to ensure the necessary protection shall be installed.).
187

GC art. 88 (In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting
those who remain for the protection of their quarters against the aforesaid hazards.).
188

GC art. 88 (Any protective measures taken in favour of the population shall also apply to them.).

189

GC art. 88 (All due precautions must be taken in places of internment against the danger of fire.).

190

GC art. 85 (In no case shall permanent places of internment be situated in unhealthy areas, or in districts the
climate of which is injurious to the internees.).

673

in an unhealthy area, or has a climate that is harmful to his or her health, he or she shall be
removed to a more suitable place of internment as rapidly as circumstances permit. 191
10.11.2.1 Sanitary Conveniences (e.g., latrines, bathrooms). Internees shall have
for their use, day and night, sanitary conveniences that conform to the rules of hygiene and are
constantly maintained in a state of cleanliness. 192 The term sanitary conveniences should be
taken to mean primarily the latrines. 193 Access to the latrines at night is specified in the 1949
Geneva Conventions because this was a frequent problem in POW camps in World War II. 194
In certain circumstances, women internees shall be provided separate sanitary
conveniences for their use. 195
10.11.2.2 Showers, Baths, Personal Toilet, and Laundry. Internees shall be
provided with sufficient water and soap for their daily personal toilet and for washing their
personal laundry; installations and facilities necessary for this purpose shall be granted to
them. 196
Showers or baths shall also be available. 197 The necessary time shall be set aside for
washing and for cleaning. 198 Although the frequency of baths or showers is not specified in the
GC, a reasonable opportunity (e.g., considering the available resources, the internees cultural
practices, the activities in which they are engaged) should be afforded. 199
10.11.3 Conditions of Buildings and Quarters. The Detaining Power is bound to take all
necessary and possible measures to ensure that protected persons shall, from the outset of their
internment, be accommodated in buildings or quarters that afford every possible safeguard in
191

GC art. 85 (In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy
area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as
rapidly as circumstances permit.).
192

GC art. 85 (Internees shall have for their use, day and night, sanitary conveniences which conform to the rules
of hygiene and are constantly maintained in a state of cleanliness.).
193

GC COMMENTARY 387 (The term sanitary conveniences should be taken to mean primarily the latrines, in
conformity with the similar provision contained in paragraph 2 of Article 29 of the Third Convention. These
conveniences should be so constructed as to preserve decency and cleanliness and must be sufficiently numerous.
They should be inspected periodically by the health authorities.).
194

See GC COMMENTARY 387 (During the Second World War prisoners of war were sometimes forbidden to leave
their quarters during the night. The Convention relative to the Protection of Civilian Persons in Time of War, like
the Prisoners of War Convention, stipulates that internees should have sanitary conveniences for their use day and
night.). Refer to 9.11.5.2 (Sanitary Conveniences (e.g., latrines, bathrooms)).

195

Refer to 10.11.3.1 (Separate Sleeping Quarters and Latrines for Women).

196

GC art. 85 (They shall be provided with sufficient water and soap for their daily personal toilet and for washing
their personal laundry; installations and facilities necessary for this purpose shall be granted to them.).
197

GC art. 85 (Showers or baths shall also be available.).

198

GC art. 85 (The necessary time shall be set aside for washing and for cleaning.).

199

GC COMMENTARY 387 (The Government Experts had wished to lay down definitely the frequency with which
baths could be taken. This idea was not accepted, but one bath or shower per week can be considered reasonable.).

674

regard to hygiene and health, and provide efficient protection against the rigors of the climate
and the effects of the war. 200
The premises shall be fully protected from dampness and adequately heated and lighted,
in particular between dusk and lights out. 201 The sleeping quarters shall be sufficiently spacious
and well ventilated, and the internees shall have suitable bedding and sufficient blankets, with
account being taken of the climate and of the age, sex, and state of health of the internees. 202
10.11.3.1 Separate Sleeping Quarters and Latrines for Women. Whenever it is
necessary, as an exceptional and temporary measure, to accommodate women internees who are
not members of a family unit in the same place of internment as men, women internees shall be
provided separate sleeping quarters and sanitary conveniences for their use. 203
10.12 CANTEENS FOR INTERNEES
Canteens shall be installed in every place of internment, except where other suitable
facilities are available. 204 As with canteens for POWs, the purpose of the canteen is to increase
the morale and comfort of the internees. 205
10.12.1 Establishment of the Canteen. Although canteens for POWs are required,
canteens for civilian internees are not required if other suitable facilities, such as local shops, are
available. 206
If other suitable facilities are not available, and before canteens can be established, the
need for a canteen may be mitigated if internees are provided a free comfort pack. 207

200

GC art. 85 (The Detaining Power is bound to take all necessary and possible measures to ensure that protected
persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every
possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate
and the effects of the war.).
201

GC art. 85 (The premises shall be fully protected from dampness, adequately heated and lighted, in particular
between dusk and lights out.).
202

GC art. 85 (The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have
suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of
the internees.).
203

GC art. 85 (Whenever it is necessary, as an exceptional and temporary measure, to accommodate women

internees who are not members of a family unit in the same place of internment as men, the provision of separate
sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory.).
204

GC art. 87 (Canteens shall be installed in every place of internment, except where other suitable facilities are
available.).
205

Refer to 9.17 (Canteens for POWs).

206

GC COMMENTARY 389 (Whereas the establishment of canteens for prisoners of war is obligatory (Third
Convention, Article 28, paragraph I), civilian internees will only be provided with canteens where other suitable
facilities are not available. Indeed, there could be no question of establishing canteens if, for example, the internees
were permitted to go to local shops to make purchases.).
207

Compare 9.17.1.1 (Comfort Pack Instead of Canteen and Advance of Pay).

675

10.12.2 Canteen Stock and Prices. The purpose of the canteens shall be to enable
internees to make purchases, at prices not higher than local market prices, of foodstuffs and
articles of everyday use, including soap and tobacco, such as would increase their personal wellbeing and comfort. 208
Internees are not entitled to more favorable treatment than the population at large with
respect to canteen facilities, and are equally subject to regulations, such as those pertaining to
rationing, which are applied to the population generally. 209
10.12.3 Canteen Management and Profits. Canteen profits shall be credited to a welfare
fund to be set up for each place of internment, and administered for the benefit of the internees
attached to such place of internment. 210 The Internee Committee shall have the right to check
the management of the canteen and of the fund. 211
When a place of internment is closed down, the balance of the welfare fund shall be
transferred to the welfare fund of a place of internment for internees of the same nationality, or,
if such a place does not exist, to a central welfare fund that shall be administered for the benefit
of all internees remaining in the custody of the Detaining Power. 212 In case of a general release,
the profits shall be kept by the Detaining Power, subject to any agreement to the contrary
between the Powers concerned. 213

208

GC art. 87 (Their purpose shall be to enable internees to make purchases, at prices not higher than local market
prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal
well-being and comfort.).
209

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 837 (The general view was,
however, that Article 76 was simply a morale-sustaining Article, and that the internee was simply to be given the
chance of purchasing, for example, a particular kind of soap, of his own choice, in substitution for a corresponding
amount of the kind which the Detaining Power would normally provide under Article 75. It would be unreasonable
in any case to contend that the provision of canteens was intended to put the internee in a superior position to the
population at large.).

210

GC art. 87 (Profits made by canteens shall be credited to a welfare fund to be set up for each place of
internment, and administered for the benefit of the internees attached to such place of internment.).
211

GC art. 87 (The Internee Committee provided for in Article 102 shall have the right to check the management of
the canteen and of the said fund.).
212

GC art. 87 (When a place of internment is closed down, the balance of the welfare fund shall be transferred to
the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a
central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the
Detaining Power.).
213

GC art. 87 (In case of a general release, the said profits shall be kept by the Detaining Power, subject to any
agreement to the contrary between the Powers concerned.).

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10.13 FOOD, WATER, TOBACCO, AND CLOTHING FOR INTERNEES

10.13.1 Food for Internees. Daily food rations for internees shall be sufficient in
quantity, quality, and variety to keep internees in a good state of health and prevent the
development of nutritional deficiencies. 214
10.13.1.1 Accounting for the Customary Diet. Account shall also be taken of the
customary diet of the internees. 215 For example, the internees cultural and religious
requirements should be considered in determining and ensuring the appropriate diet.
10.13.1.2 Additional Food for Certain Groups. Internees who work shall receive
additional rations in proportion to the kind of labor that they perform. 216 Expectant and nursing
mothers, and children under fifteen years of age, shall be given additional food, in proportion to
their physiological needs. 217
10.13.1.3 No Disciplinary Reductions in Food Rations. The reduction in food
rations as a disciplinary punishment is specifically prohibited. 218
10.13.1.4 Means for Preparing Additional Food. Internees shall be given the
means by which they can prepare for themselves any additional food in their possession. 219
10.13.2 Drinking Water. Sufficient drinking water shall be supplied to internees. 220
10.13.3 Use of Tobacco. The use of tobacco shall be permitted. 221 The Detaining Power
is not required to give tobacco to internees, but should offer it for sale at the canteen, if one is
established. 222 The Detaining Power may impose reasonable restrictions on smoking to ensure
that the camp is a healthful and safe environment.
10.13.4 Clothing of Internees. When taken into custody, internees shall be given all
facilities to provide themselves with the necessary clothing, footwear, and change of underwear,

214

GC art. 89 (Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees
in a good state of health and prevent the development of nutritional deficiencies.).
215

GC art. 89 (Account shall also be taken of the customary diet of the internees.).

216

GC art. 89 (Internees who work shall receive additional rations in proportion to the kind of labour which they
perform.).
217

GC art. 89 (Expectant and nursing mothers, and children under fifteen years of age, shall be given additional
food, in proportion to their physiological needs.).
218

Refer to 10.20.3.2 (Prohibition Against Prolonged Standing, Roll-Calls, Punishment Drill, Military Drill and
Manuevers, or the Reduction of Food Rations).
219

GC art. 89 (Internees shall also be given the means by which they can prepare for themselves any additional
food in their possession.).
220

GC art. 89 (Sufficient drinking water shall be supplied to internees.).

221

GC art. 89 (The use of tobacco shall be permitted.).

222

Refer to 10.12.2 (Canteen Stock and Prices).

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and, later on, to procure further supplies, if required. 223 Should any internees not have sufficient
clothing, account being taken of the climate, and be unable to procure any, it shall be provided
free of charge to them by the Detaining Power. 224
10.13.4.1 No Humiliating Clothing. The clothing supplied by the Detaining
Power to internees and the outward markings placed on their own clothes shall not be
ignominious nor expose them to ridicule. 225 For example, clothing provided to them should not
resemble convicts uniforms or be intended to humiliate them. 226
10.13.4.2 Clothing for Work. Workers shall receive suitable working outfits,
including protective clothing, whenever the nature of their work so requires. 227
10.14 MEDICAL ATTENTION FOR INTERNEES
Parties to the conflict who intern protected persons shall be bound to grant them the
medical attention required by their state of health. 228
10.14.1 Access to Medical Attention.
10.14.1.1 Camp Infirmary. Every place of internment shall have an adequate
infirmary, under the direction of a qualified doctor, where internees may have the attention they
require, as well as an appropriate diet. 229 Isolation wards shall be set aside for cases of
contagious or mental diseases. 230

223

GC art. 90 (When taken into custody, internees shall be given all facilities to provide themselves with the
necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required.).
224

GC art. 90 (Should any internees not have sufficient clothing, account being taken of the climate, and be unable
to procure any, it shall be provided free of charge to them by the Detaining Power.).
225

GC art. 90 (The clothing supplied by the Detaining Power to internees and the outward markings placed on their
own clothes shall not be ignominious nor expose them to ridicule.).
226

See GC COMMENTARY 397 (These provisos are connected with Articie 27 of the Convention stating that
protected persons are entitled, in all circumstances, to respect for their persons and their honour. It is essential to
prevent internees from being forced to wear convicts uniforms or other uniforms of a similar nature, as was the case
in certain concentration camps of hateful memory. The plenipotentiaries were unanimous in 1949 in disapproving
of such practices and although paragraph 1 had already, as it were, implied that disapproval, they felt that they
should reaffirm it explicitly at this point. It must, indeed, always be remembered that internment is not a
punishment and cannot in any way besmirch anyone's honour.).
227

GC art. 90 (Workers shall receive suitable working outfits, including protective clothing, whenever the nature of
their work so requires.).
228

GC art. 81 (Parties to the conflict who intern protected persons shall be bound to provide free of charge for their
maintenance, and to grant them also the medical attention required by their state of health.).
229

GC art. 91 (Every place of internment shall have an adequate infirmary, under the direction of a qualified
doctor, where internees may have the attention they require, as well as an appropriate diet.).
230

GC art. 91 (Isolation wards shall be set aside for cases of contagious or mental diseases.).

678

10.14.1.2 Right of Internees to Present Themselves for Examination. Internees

may not be prevented from presenting themselves to the medical authorities for examination. 231
The GC appears to contemplate that the internees would have daily sick call in which they could
present themselves for medical examination, because it provides for internees who are
undergoing disciplinary punishment to request to attend this inspection. 232 The right of internees
to present themselves for examination does not mean that the internees must necessarily be
examined every day by a doctor, nor does it preclude disciplinary punishment if internees
abusively (on the basis of the doctors report) make groundless requests for medical
examination. 233
10.14.1.3 Monthly Medical Inspections. Medical inspections of internees shall be
made at least once a month. 234 Their purpose shall be, in particular, to supervise the general state
of health, nutrition, and cleanliness of internees, and to detect contagious diseases, especially
tuberculosis, malaria, and venereal diseases. 235 Such inspections shall include, in particular, the
checking of weight of each internee and, at least once a year, radioscopic examination. 236
10.14.2 Compulsory Medical Treatment. Because internees are subject to the laws in
force in the territory in which they are detained, 237 internees may be ordered to undergo medical
treatment to the extent that other persons in that territory may be so ordered.
10.14.3 Medical Treatment for Internees.
10.14.3.1 Persons Requiring Special Treatment. Maternity cases and internees
suffering from serious diseases, or whose condition requires special treatment, a surgical

231

GC art. 91 (Internees may not be prevented from presenting themselves to the medical authorities for
examination.).
232

GC COMMENTARY 401 (Although the fact is not mentioned in this paragraph [4 of Article 91 of the GC], a daily
medical inspection will take place in places of internment. This follows, as will be seen further on, from Article
125. Internees will thus be able to report sick when they are ill, so as to receive medical attention without delay.).
Refer to 10.28.6.3 (Attendance at Daily Medical Inspection and Medical Attention).
233

GC COMMENTARY 495-96 (It was only logical to consider that the Detaining Power should arrange in every
place of internment for a daily medical inspection and this paragraph [paragraph 2 of Article 125 of the GC] makes
this important point quite clear. This does not mean, however, that internees must necessarily be examined every
day by the doctor. The guards will not be entitled to forbid the internees to present themselves for daily medical
examination; if the request to go on sick parade turns out to be groundless and upsets the maintenance of discipline,
the offence may be considered as calling for disciplinary punishment by the commandant of the place of internment
on the basis of the doctors report.).
234

GC art. 92 (Medical inspections of internees shall be made at least once a month.).

235

GC art. 92 (Their purpose shall be, in particular, to supervise the general state of health, nutrition and
cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases.).
236

GC art. 92 (Such inspections shall include, in particular, the checking of weight of each internee and, at least
once a year, radioscopic examination.).
237

Refer to 10.27.1 (Applicability of the Laws in Force to Internees).

679

operation, or hospital care, must be admitted to any institution where adequate treatment can be
given and shall receive care not inferior to that provided for the general population. 238
10.14.3.2 Treatment by Medical Personnel of Their Own Nationality. Internees
shall, for preference, have the attention of medical personnel of their own nationality. 239
10.14.3.3 Certificate Recording Treatment. The medical authorities of the
Detaining Power shall, upon request, issue to every internee who has undergone treatment an
official certificate showing the nature of his or her illness or injury, and the duration and nature
of the treatment given. 240 A duplicate of this certificate shall be forwarded to the Central
Information Agency for protected persons. 241
10.14.3.4 Cost of Medical Treatment. Treatment, including the provision of any
apparatus necessary for the maintenance of internees in good health, particularly dentures and
other artificial appliances and spectacles, shall be free of charge to the internee. 242
10.14.4 Receipt of Medical Shipments. Internees may receive individual parcels and
collective shipments containing medical supplies. 243 However, medical supplies are generally to
be sent in collective shipments so that they may be properly administered by the camp doctors. 244
10.14.5 Inquiry in Certain Cases of Death or Serious Injury. In certain cases of death or
serious injury of an internee, an official inquiry shall be conducted by the Detaining Power. 245
10.15 RELIGIOUS EXERCISE BY INTERNEES
Internees shall enjoy complete latitude in the exercise of their religious duties, including
attendance at the services of their faith, on condition that they comply with the disciplinary
routine prescribed by the detaining authorities. 246

238
GC art. 91 (Maternity cases and internees suffering from serious diseases, or whose condition requires special
treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be
given and shall receive care not inferior to that provided for the general population.).
239

GC art. 91 (Internees shall, for preference, have the attention of medical personnel of their own nationality.).

240

GC art. 91 (The medical authorities of the Detaining Power shall, upon request, issue to every internee who has
undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of
the treatment given.).
241

GC art. 91 (A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article
140.).
242

GC art. 91 (Treatment, including the provision of any apparatus necessary for the maintenance of internees in
good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the
internee.).
243

Refer to 10.23.3 (Receipt of Individual and Collective Relief Shipments for Internees).

244

Refer to 10.23.3.2 (Medical Supplies in Relief Shipments).

245

Refer to 10.34.5 (Inquiries Into Death or Serious Injury of Internees in Certain Cases).

680

10.15.1 Premises for Religious Services for Internees. The Detaining Power shall place
at the disposal of interned persons, of whatever denomination, premises suitable for the holding
of their religious services. 247 The premises where services are held should be sufficiently
spacious and clean, and should provide effective shelter to those attending services, but need not
be set aside exclusively for religious services. 248
10.15.2 Interned Ministers of Religion. Ministers of religion who are interned shall be
allowed to minister freely to the members of their community. 249 For this purpose, the Detaining
Power shall ensure their equitable allocation among the various places of internment in which
there are internees speaking the same language and belonging to the same religion. 250 Should
such ministers be too few in number, the Detaining Power shall provide them with the necessary
facilities, including means of transport, for moving from one place to another, and they shall be
authorized to visit any internees who are hospitalized. 251
10.15.2.1 Correspondence by Ministers of Religion. Ministers of religion shall be
at liberty to correspond on matters concerning their ministry with the religious authorities in the
country of detention and, as far as possible, with the international religious organizations of their
faith. 252 Such correspondence shall not be considered as forming a part of the quota mentioned
in Article 107 of the GC. 253 It shall, however, be subject to the provisions of Article 112 of the
GC. 254 In other words, such correspondence may be censored, but such censorship shall be done
as quickly as possible. 255

246

GC art. 93 (Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance
at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining
authorities.).
247

GC art. 86 (The Detaining Power shall place at the disposal of interned persons, of whatever denomination,
premises suitable for the holding of their religious services.).
248

GC COMMENTARY 388 (It does not seem essential that these premises should be set aside exclusively for
religious services. The parallel text in the Prisoners of War Convention (Article 34, paragraph 2) speaks of
adequate premises. In both cases, it should be understood that the premises where services are held should be
sufficiently spacious and clean and so built as to give effective shelter to those attending the services.).

249

GC art. 93 (Ministers of religion who are interned shall be allowed to minister freely to the members of their
community.).
250

GC art. 93 (For this purpose, the Detaining Power shall ensure their equitable allocation amongst the various
places of internment in which there are internees speaking the same language and belonging to the same religion.).
251

GC art. 93 (Should such ministers be too few in number, the Detaining Power shall provide them with the
necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized
to visit any internees who are in hospital.).
252

GC art. 93 (Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the
religious authorities in the country of detention and, as far as possible, with the international religious organizations
of their faith.).
253

GC art. 93 (Such correspondence shall not be considered as forming a part of the quota mentioned in Article
107.). Refer to 10.23.2.1 (Internee Correspondence Quota).
254

GC art. 93 (It shall, however, be subject to the provisions of Article 112.).

255

Refer to 10.23.6 (Censorship and Security Review of Internee Correspondence and Shipments).

681

10.15.3 Appointment of Other Ministers or Qualified Laypersons. When internees do not

have at their disposal the assistance of ministers of their faith, or should these latter be too few in
number, the local religious authorities of the same faith may appoint, in agreement with the
Detaining Power, a minister of the internees faith or, if such a course is feasible from a
denominational point of view, a minister of a similar religion or a qualified layperson. 256 The
latter shall enjoy the facilities granted to the ministry he or she has assumed. 257 Persons so
appointed shall comply with all regulations laid down by the Detaining Power in the interests of
discipline and security. 258
10.16 INTELLECTUAL, PHYSICAL, AND RECREATIONAL ACTIVITIES
The Detaining Power shall encourage intellectual, educational, and recreational pursuits,
and sports and games among internees, while leaving them free to take part in them or not. 259 It
shall take all practicable measures to ensure the exercise thereof, in particular by providing
suitable premises for such purposes. 260
10.16.1 Voluntariness of the Activities. The Detaining Power should seek to encourage
the internees in engaging in these activities, while leaving them free to take part or not. For
example, it would be prohibited to compel internees to listen to propaganda, such as by
punishing them or giving them harsher conditions of confinement if they do not participate. On
the other hand, censoring educational or intellectual materials for security reasons or to refrain
from providing internees with anti-democratic political propaganda would be permissible. 261
10.16.2 Education. All possible facilities shall be granted to internees to continue their
studies or to take up new subjects. 262 The education of children and young people shall be
ensured; they shall be allowed to attend schools either within the place of internment or
outside. 263

256

GC art. 93 (When internees do not have at their disposal the assistance of ministers of their faith, or should these
latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the
Detaining Power, a minister of the internees faith or, if such a course is feasible from a denominational point of
view, a minister of similar religion or a qualified layman.).
257

GC art. 93 (The latter shall enjoy the facilities granted to the ministry he has assumed.).

258

GC art. 93 (Persons so appointed shall comply with all regulations laid down by the Detaining Power in the
interests of discipline and security.).
259

GC art. 94 (The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and
games amongst internees, whilst leaving them free to take part in them or not.).
260

GC art. 94 (It shall take all practicable measures to ensure the exercise thereof, in particular by providing
suitable premises.).
261

Compare 9.16.1 (Voluntariness of the Activities).

262

GC art. 94 (All possible facilities shall be granted to internees to continue their studies or to take up new
subjects.).
263

GC art. 94 (The education of children and young people shall be ensured; they shall be allowed to attend schools
either within the place of internment or outside.).

682

To advance educational opportunities for internees, the Detaining Power may seek ways
to encourage and assist them in teaching one another. 264
10.16.3 Opportunities for Physical Exercise, Sports, and Outdoor Games. Internees shall
be given opportunities for physical exercise, sports, and outdoor games. 265 For this purpose,
sufficient open spaces shall be set aside in all places of internment. 266 Special playgrounds shall
be reserved for children and young people. 267
10.16.4 Contributions by Sources Apart From the Detaining Power. Apart from the
Detaining Power, internees may receive assistance from a variety of sources that allow them to
engage in intellectual, physical, and recreational activities.
For example, relief organizations, including the ICRC, may contribute to the ensuring
that internees have opportunities for intellectual, physical, and recreational activities. 268 In
addition, internees may receive shipments that are intended to allow them to engage in these
activities. 269 Lastly, the profits from the canteen may be used in this area. 270
10.17 INTERNEE LABOR
The rules described in this section govern the use of internee labor. Additional rules
apply to the use of the labor of protected persons depending on whether they are present in a
belligerents home territory or in occupied territory. 271
10.17.1 General Rules on Internee Labor. The Detaining Power shall not employ
internees as workers, unless the internees so desire. 272
Employment that, if undertaken under compulsion by a protected person not in
internment, would involve a breach of Articles 40 or 51 of the GC, and employment on work that
is of a degrading or humiliating character, are in any case prohibited. 273

264

Compare 9.16.2 (Education).

265

GC art. 94 (Internees shall be given opportunities for physical exercise, sports and outdoor games.).

266

GC art. 94 (For this purpose, sufficient open spaces shall be set aside in all places of internment.).

267

GC art. 94 (Special playgrounds shall be reserved for children and young people.).

268

Refer to 10.33.2 (Access by Relief Societies and Other Organizations).

269

Refer to 10.23.3 (Receipt of Individual and Collective Relief Shipments for Internees).

270

Refer to 10.12.3 (Canteen Management and Profits).

271

Refer to 10.7.3 (Compulsory Work for Protected Persons in a Belligerents Home Territory); 11.20 (Labor of
Protected Persons in Occupied Territory).
272

GC art. 95 (The Detaining Power shall not employ internees as workers, unless they so desire.).

273
GC art. 95 (Employment which, if undertaken under compulsion by a protected person not in internment, would
involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or
humiliating character are in any case prohibited.).

683

After a working period of six weeks, internees shall be free to give up work at any
moment, subject to eight days notice. 274
10.17.2 Compulsory Work for the Benefit of the Internee Community. The first two
paragraphs of Article 95 of the GC constitute no obstacle to the right of the Detaining Power to
employ interned doctors, dentists, and other medical personnel in their professional capacity on
behalf of their fellow internees, or to employ internees for administrative and maintenance work
in places of internment and to detail such persons for work in the kitchens or for other domestic
tasks, or to require such persons to undertake duties connected with the protection of internees
against aerial bombardment or other war risks. 275 Thus, although internees generally may not be
compelled to work, there is an exception for tasks that benefit the internee community as a
whole. 276
No internee may, however, be required to perform tasks for which he or she is, in the
opinion of a medical officer, physically unsuited. 277
In addition, members of the Internee Committee may not be compelled to do other work,
if the accomplishment of their duties is thereby rendered more difficult. 278
10.17.2.1 Wages and Working Conditions for Internees Permanently Detailed for
Work on Behalf of the Internee Community. Internees permanently detailed for categories of
work mentioned in the third paragraph of Article 95 of the GC shall be paid fair wages by the
Detaining Power. 279 The working conditions and the scale of compensation for occupational
accidents and diseases to internees thus detailed shall not be inferior to those applicable to work
of the same nature in the same district. 280
274

GC art. 95 (After a working period of six weeks, internees shall be free to give up work at any moment, subject
to eight days' notice.).
275

GC art. 95 (These provisions constitute no obstacle to the right of the Detaining Power to employ interned
doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to
employ internees for administrative and maintenance work in places of internment and to detail such persons for
work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the
protection of internees against aerial bombardment or other war risks.).
276

GC COMMENTARY 416 (The commentary on Article 91 showed that internees must for preference be treated by
medical personnel of their own nationality, and Article 88 refers to detained persons taking part in the protection of
their quarters. The fact is that nobody could work more zealously on this task than the internees themselves. Such
tasks represent work of human fellowship which they are bound to carry out on behalf of their companions. If they
sought to avoid it they would be failing in an elementary duty and it would be right to force them to do it. A similar
line of argument led to the inclusion of administrative work and domestic tasks (work in the kitchen, cleaning and
camp maintenance) among the duties which internees may be forced to carry out.).

277

GC art. 95 (No internee may, however, be required to perform tasks for which he is, in the opinion of a medical
officer, physically unsuited.).
278

Refer to 10.22.3.1 (Limitations on Other Work Assignments).

279

GC art. 95 (Internees permanently detailed for categories of work mentioned in the third paragraph of this
Article, shall be paid fair wages by the Detaining Power.).
280

GC art. 95 (The working conditions and the scale of compensation for occupational accidents and diseases to
internees thus detailed, shall not be inferior to those applicable to work of the same nature in the same district.).

684

10.17.3 Working Conditions. The Detaining Power shall take entire responsibility for all
working conditions, for medical attention, for the payment of wages, and for ensuring that all
employed internees receive compensation for occupational accidents and diseases. 281 The
standards prescribed for said working conditions and for compensation shall be in accordance
with national laws and regulations, and with existing practice; they shall in no case be inferior to
those obtaining for work of the same nature in the same district. 282
In addition, internees who work shall receive additional rations in proportion to the kind
of labor that they perform. 283
10.17.4 Wage Agreement With Internees. Wages for work done shall be determined on
an equitable basis by special agreements between the internees, the Detaining Power, and, if the
case arises, employers other than the Detaining Power, due regard being paid to the obligation of
the Detaining Power to provide for free maintenance of internees, and for the medical attention
that their state of health may require. 284
10.17.5 Labor Detachments of Internees. All labor detachments shall remain part of, and
dependent upon, a place of internment. 285 The competent authorities of the Detaining Power and
the commandant of a place of internment shall be responsible for the observance of the
provisions of the GC in a labor detachment. 286
The commandant shall keep an up-to-date list of the labor detachments subordinate to
him or her, and shall communicate it to the delegates of the Protecting Power, of the ICRC, and
of other humanitarian organizations who may visit the places of internment. 287
10.18 INTERNEES ARTICLES OF PERSONAL USE
10.18.1 Internees Articles of Personal Use. Internees shall be permitted to retain articles
of personal use. 288
281

GC art. 95 (The Detaining Power shall take entire responsibility for all working conditions, for medical
attention, for the payment of wages, and for ensuring that all employed internees receive compensation for
occupational accidents and diseases.).
282

GC art. 95 (The standards prescribed for the said working conditions and for compensation shall be in
accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to
those obtaining for work of the same nature in the same district.).
283

Refer to 10.13.1.2 (Additional Food for Certain Groups).

284

GC art. 95 (Wages for work done shall be determined on an equitable basis by special agreements between the
internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being
paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical
attention which their state of health may require.).
285

GC art. 96 (All labour detachments shall remain part of and dependent upon a place of internment.).

286

GC art. 96 (The competent authorities of the Detaining Power and the commandant of a place of internment
shall be responsible for the observance in a labour detachment of the provisions of the present Convention.).
287
GC art. 96 (The commandant shall keep an up-to-date list of the labour detachments subordinate to him and
shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and
of other humanitarian organizations who may visit the places of internment.).

685

Internees, however, are not entitled to retain items that could be put to a use prejudicial to
the legitimate interests of the Detaining Power, such as items that may pose a risk to security
(e.g., knives or devices that may be used as weapons) or items that may facilitate escape (e.g.,
flares, flare pistols, compasses, maps, radios, or cell phones). 289
10.18.2 Articles of Personal or Sentimental Value. Articles that have above all a
personal or sentimental value may not be taken away. 290 Items that may otherwise be
legitimately impounded (e.g., for security reasons) are not precluded from being impounded
because of their personal or sentimental value to the internee. 291
10.18.3 Family or Identity Documents for Internees. Family or identity documents in the
possession of internees may not be taken away without a receipt being given. 292 At no time shall
internees be left without identity documents. 293 If they have none, they shall be issued special
documents drawn up by the detaining authorities, which will serve as their identity papers until
the end of their internment. 294
10.19 FINANCIAL RESOURCES OF INTERNEES
10.19.1 Money and Valuables in the Internees Possession. Monies, checks, bonds, etc.,
and valuables in the possession of internees may not be taken from them, except in accordance
with established procedure. 295 Detailed receipts shall be given for such valuables. 296

288

GC art. 97 (Internees shall be permitted to retain articles of personal use.).

289

GC COMMENTARY 420 (Cameras should no doubt be regarded as an exception [to the permitted articles of
personal use], because of the Detaining Powers special interest in removing anything which might promote
espionage or perhaps be used for unfavourable propaganda. The Detaining Power is free, however, to protect
itself against efforts to put the resources retained by the interneesand above all their financial resourcesto a use
prejudicial to its interests.).
290

GC art. 97 (Articles which have above all a personal or sentimental value may not be taken away.).

291

GC COMMENTARY 422 (The essential part of the clause is the words above all. The clause formulates an
exception to the right of the Detaining Power to take articles of value from internees; that exception applies to
articles which have above all a personal or sentimental value. That means that the importance attached to their
possession does not depend on their commercial value, but rather on what they represent in the sentimental sphere.
A wedding ring would be one such example --a plain golden ring which costs little; its sale would not furnish the
owner with large resources with which to make preparations for an escape or to take part in subversive propaganda.
On the other hand jewels of great commercial value may be taken away, in spite of their sentimental value. It will
be for the Detaining Power to judge in all fairness the appropriate course to take. It must be in accordance with the
stipulation of paragraph 1 (in accordance with established procedure and against a receipt).).

292

GC art. 97 (Family or identity documents in the possession of internees may not be taken away without a receipt
being given.).

293

GC art. 97 (At no time shall internees be left without identity documents.).

294

GC art. 97 (If they have none, they shall be issued with special documents drawn up by the detaining authorities,
which will serve as their identity papers until the end of their internment.).
295

GC art. 97 (Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except
in accordance with established procedure.).
296

GC art. 97 (Detailed receipts shall be given therefor.).

686

The amounts shall be paid into the account of every internee, as provided for in Article
98 of the GC. 297 Such amounts may not be converted into any other currency unless legislation
in force in the territory in which the owner is interned so requires or the internee gives his or her
consent. 298
10.19.1.1 Pocket Money for Purchases. Internees may keep on their persons a
certain amount of money, in cash or in the form of purchase coupons, to enable them to make
purchases. 299 For example, internees could use this money or scrip to purchase items at the
canteen. 300
For security reasons, the amount of money retained by internees generally will be
small. 301
10.19.2 Internee Allowances. All internees shall receive regular allowances, sufficient to
enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. 302 Such
allowances may take the form of credits or purchase coupons. 303
Furthermore, internees may receive allowances from the Power to which they owe
allegiance, the Protecting Powers, the organizations that may assist them, or their families, as
well as the income on their property in accordance with the law of the Detaining Power. 304
The amount of allowances granted by the Power to which an internee owes allegiance
shall be the same for each category of internees (e.g., infirm, sick, pregnant women), but may not
be allocated by that Power or distributed by the Detaining Power on the basis of discrimination
between internees that is prohibited by Article 27 of the GC. 305
297

GC art. 97 (The amounts shall be paid into the account of every internee as provided for in Article 98.).

298

GC art. 97 (Such amounts may not be converted into any other currency unless legislation in force in the
territory in which the owner is interned so requires or the internee gives his consent.).
299

GC art. 97 (Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase
coupons, to enable them to make purchases.).
300

Refer to 10.12 (Canteens for Internees).

301

GC COMMENTARY 424 (It follows that the amount of money in question will be fairly small. If the Detaining
Power considers that it must for security reasons limit very strictly the amount of cash held by the internees, it
should provide them with purchase coupons of sufficient value to enable them to make purchases in the canteens it
runs.).
302

GC art. 98 (All internees shall receive regular allowances, sufficient to enable them to purchase goods and
articles, such as tobacco, toilet requisites, etc.).
303

GC art. 98 (Such allowances may take the form of credits or purchase coupons.).

304

GC art. 98 (Furthermore, internees may receive allowances from the Power to which they owe allegiance, the
Protecting Powers, the organizations which may assist them, or their families, as well as the income on their
property in accordance with the law of the Detaining Power.).
305

GC art. 98 (The amount of allowances granted by the Power to which they owe allegiance shall be the same for
each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or
distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article
27 of the present Convention.).

687

10.19.3 Internee Accounts. The Detaining Power shall open a regular account for every
internee, to which shall be credited:

allowances named in Article 98 of the GC;

wages earned;

remittances received; and

such sums taken from the internee as may be available under the legislation in force in
the territory in which he or she is interned. 306

10.19.3.1 Drawing Upon Accounts. Internees may draw from their accounts the
amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. 307
Internees shall be granted all facilities consistent with the legislation in force in such
territory to make remittances to their families and to other dependents. 308
10.19.3.2 Account Statement. Internees shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts. 309 A statement of accounts shall
be furnished to the Protecting Power on request, and shall accompany the internee in case of
transfer. 310
10.19.3.3 Settlement of Account on Release or Repatriation. On release or
repatriation, internees shall be given all articles, monies, or other valuables taken from them
during internment and shall receive in currency the balance of any credit to their accounts kept in
accordance with Article 98 of the GC, with the exception of any articles or amounts withheld by
the Detaining Power by virtue of its legislation in force. 311 If the property of an internee is so
withheld, the owner shall receive a detailed receipt. 312

306

GC art. 98 (The Detaining Power shall open a regular account for every internee, to which shall be credited the
allowances named in the present Article, the wages earned and the remittances received, together with such sums
taken from him as may be available under the legislation in force in the territory in which he is interned.).
307

GC art. 98 (They may draw from their accounts the amounts necessary for their personal expenses, within the
limits fixed by the Detaining Power.).
308

GC art. 98 (Internees shall be granted all facilities consistent with the legislation in force in such territory to
make remittances to their families and to other dependants.).
309

GC art. 98 (They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their
accounts.).
310

GC art. 98 (A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany
the internee in case of transfer.).

311

GC art. 97 (On release or repatriation, internees shall be given all articles, monies or other valuables taken from
them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance
with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its
legislation in force.).
312

GC art. 97 (If the property of an internee is so withheld, the owner shall receive a detailed receipt.).

688

10.20 ADMINISTRATION OF PLACES OF INTERNMENT AND DISCIPLINE

10.20.1 Responsible Officer and Staff. Every place of internment shall be put under the
authority of a responsible officer, chosen from the regular military forces or the regular civil
administration of the Detaining Power. 313
The officer in charge of the place of internment must have in his or her possession a copy
of the GC in the official language, or one of the official languages, of his or her country and shall
be responsible for its application. 314 The staff in control of internees shall be instructed in the
provisions of the GC and of the administrative measures adopted to ensure its application. 315
10.20.2 Posting of Convention and Camp Orders. The text of the GC and the texts of
special agreements concluded under the GC shall be posted inside the place of internment, in a
language that the internees understand, or shall be in the possession of the Internee
Committee. 316
Regulations, orders, notices, and publications of every kind shall be communicated to the
internees and posted inside the places of internment, in a language that the internees
understand. 317
Every order and command addressed to internees individually must likewise be given in a
language that they understand. 318
10.20.3 Humane Disciplinary Regime. The disciplinary regime in places of internment
shall be consistent with humanitarian principles, and shall in no circumstances include
regulations imposing on internees any physical exertion dangerous to their health or involving
physical or moral victimization. 319

313

GC art. 99 (Every place of internment shall be put under the authority of a responsible officer, chosen from the
regular military forces or the regular civil administration of the Detaining Power.).
314
GC art. 99 (The officer in charge of the place of internment must have in his possession a copy of the present
Convention in the official language, or one of the official languages, of his country and shall be responsible for its
application.).
315

GC art. 99 (The staff in control of internees shall be instructed in the provisions of the present Convention and
of the administrative measures adopted to ensure its application.).
316

GC art. 99 (The text of the present Convention and the texts of special agreements concluded under the said
Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be
in the possession of the Internee Committee.).
317

GC art. 99 (Regulations, orders, notices and publications of every kind shall be communicated to the internees
and posted inside the places of internment, in a language which they understand.).
318

GC art. 99 (Every order and command addressed to internees individually, must likewise be given in a language
which they understand.).
319
GC art. 100 (The disciplinary regime in places of internment shall be consistent with humanitarian principles,
and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their
health or involving physical or moral victimization.).

689

10.20.3.1 Prohibition Against Tattooing or Imprinting Signs or Markings on the

Body. Identification by tattooing or imprinting signs or markings on the body is prohibited. 320
10.20.3.2 Prohibition Against Prolonged Standing, Roll-Calls, Punishment Drill,
Military Drill and Manuevers, or the Reduction of Food Rations. In particular, prolonged
standing and roll-calls, punishment drill, military drill and maneuvers, or the reduction of food
rations are prohibited. 321
10.20.4 Use of Force to Maintain Order and to Prevent Escape. As with POWs, the use
of weapons against protected persons, 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. 322 For example, internees should not be fired upon if they are
apprehended within the camp limits while making preparations to escape, and there is no risk of
escape or harm to anyone.
It should be noted that, although the GC has no provision corresponding to Article 42 of
the GPW, the above principle is equally valid in the internee context.
10.20.4.1 Use of Non-Lethal Weapons (Including Riot Control Agents). Nonlethal weapons may be employed to control rioting protected persons or to prevent their escape.
In particular, the use of riot control agents to control rioting protected persons is not
prohibited. 323
If the use of deadly force is warranted and authorized against protected persons, there is
no legal requirement to employ non-lethal weapons before resort to deadly force. 324
10.21 INTERNEE PETITIONS, COMPLAINTS, AND REPORTS ABOUT CONDITIONS OF INTERNMENT
10.21.1 Internee Right to Present Petitions and Complaints. Internees shall have the right
to present to the authorities in whose power they are, any petition with regard to the conditions of
internment to which they are subjected. 325 The commandant of an internment facility may issue
regulations that establish procedures about how internees are to exercise this right to petition. 326

320

GC art. 100 (Identification by tattooing or imprinting signs or markings on the body, is prohibited.).

321

GC art. 100 (In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or
the reduction of food rations, are prohibited.).
322

Compare 9.22.6 (Use of Force to Maintain Order and to Prevent Escape).

323

Refer to 6.16.2 (Prohibition on Use of Riot Control Agents as a Method of Warfare).

324

Refer to 6.5.10.5 (No Requirement to Use Non-Lethal Weapons Before Using Lethal Weapons Where Deadly
Force Is Warranted).
325

GC art. 101 (Internees shall have the right to present to the authorities in whose power they are, any petition
with regard to the conditions of internment to which they are subjected.).
326

GC COMMENTARY 434 (The Convention does not state in detail the procedure for submitting petitions, but
obviously it must be compatible with the normal requirements of discipline and the administration of the place of
internment and petitions must not be used for purposes other than those arising under the Convention. It will be for

690

Internees shall also have the right to apply without restriction through the Internee
Committee or, if they consider it necessary, directly to the representatives of the Protecting
Power, in order to indicate to them any points on which they may have complaints to make with
regard to the conditions of internment. 327
10.21.1.1 Making Requests and Complaints to the ICRC. Such complaints may
also be made to the delegates of the ICRC, who enjoy the same prerogatives of access to
internees as the representatives of the Protecting Power. 328 In the past, the ICRC has been able
to take appropriate measures besides merely forwarding the complaint to the Power on which the
POWs depend, including measures on a confidential basis that help to improve the situation of
internees. 329
10.21.2 Communication of Petitions and Complaints. Such petitions and complaints
shall be transmitted forthwith and without alteration, and even if the latter are recognized to be
unfounded, they may not occasion any punishment. 330
10.21.2.1 Review and Censorship of Requests and Complaints by the Detaining
Power. Although petitions and complaints shall be transmitted forthwith and without alteration,
the Detaining Power has the right to examine and censor petitions and complaints for security
reasons. 331 Communications for transmittal may be examined to determine whether they
legitimately contain petitions or complaints. 332 Security review and censorship must be
conducted in accordance with the general rules on censoring internee correspondence. 333

the commandant of the place of internment to issue regulations concerning the exercise of this right, and particularly
to say whether petitions can be submitted orally or in writing and in what form.).
327

GC art. 101 (They shall also have the right to apply without restriction through the Internee Committee or, if
they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any
points on which they may have complaints to make with regard to the conditions of internment.).
328

Refer to 10.33.1.2 (ICRC Delegates Enjoying the Same Prerogatives of Access).

329

Compare 9.23.1.1 (Making Requests and Complaints to the ICRC).

330

GC art. 101 (Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the
latter are recognized to be unfounded, they may not occasion any punishment.).
331

See 1956 FM 27-10 (Change No. 1 1976) 308b (The Detaining Power has the right to examine and censor the
complaints, petitions, and reports referred to above in the same manner as correspondence addressed to internees or
dispatched by them. It may also examine such complaints and reports to the representatives of the Protecting Power
to verify that they are what they purport to be and to delete matter not constituting either a complaint or a report
within the meaning of the foregoing provision.).
332

GC COMMENTARY 435-36 (The transmission forthwith of complaints and petitions and the absence of
punishment even when they are not well founded is in conformity with the procedure established with regard to
prisoners of war during the two world wars. The Fourth Convention of 1949 has introduced a particularly important
idea by stating that the transmission shall take place without alteration. This wording was rejected by the authors
of the Third Geneva Convention in order to respect the Detaining Powers right of censorship. The discussions at
the Diplomatic Conference concerning the Fourth Convention showed that there was a specific wish to avoid any
suggestion of censorship with regard to civilians. It was nevertheless said that some supervision by the Detaining
Power must be allowed for security reasons.).
333

Refer to 10.23.6 (Censorship and Security Review of Internee Correspondence and Shipments).

691

10.21.2.2 No Punishment for Making Complaints. Even if the petitions and

complaints are recognized to be unfounded, they may not occasion any punishment. 334 In any
event, as in the case of POWs, it could be contrary to internees interests to abuse this right by
making groundless complaints because complaints that are justified might not, as a result,
receive the appropriate attention. 335
10.21.3 Periodic Reports by the Internee Committees. Periodic reports on the situation in
places of internment and as to the needs of the internees may be sent by the Internee Committees
to the representatives of the Protecting Powers. 336 Internee Committees have discretion about
how and when to submit their reports. 337 The Detaining Power may subject these reports to
security review and censorship to ensure that these reports are not misused. 338
10.22 INTERNEE COMMITTEES
10.22.1 Election of Internee Committees. In every place of internment, the internees
shall freely elect, by secret ballot every six months, the members of a Committee empowered to
represent them before the Detaining and the Protecting Powers, the ICRC, and any other
organization that may assist them. 339 The members of the Committee shall be eligible for reelection. 340
10.22.1.1 Approval of Internee Committee Members by the Detaining Authorities.
Internees so elected shall enter upon their duties after their election has been approved by the
detaining authorities. 341 The reasons for any refusals or dismissals shall be communicated to the
Protecting Powers concerned. 342

334

GC art. 101 (Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the
latter are recognized to be unfounded, they may not occasion any punishment.).
335

Compare 9.23.2.2 (No Punishment for Making Complaints).

336

GC art. 101 (Periodic reports on the situation in places of internment and as to the needs of the internees, may be
sent by the Internee Committees to the representatives of the Protecting Powers.).
337

GC COMMENTARY 436 (Some of the Government Experts who met in 1947 had envisaged making it obligatory
to transmit periodically to the Protecting Power reports drafted on a model form. This opinion did not prevail in the
sense that it was given mandatory form; the idea of periodical reports was retained, but the Convention leaves it to
the Internee Committees to submit their reports when and how they think fit.).

338

Refer to 10.23.6 (Censorship and Security Review of Internee Correspondence and Shipments).

339

GC art. 102 (In every place of internment, the internees shall freely elect by secret ballot every six months, the
members of a Committee empowered to represent them before the Detaining and the Protecting Powers, the
International Committee of the Red Cross and any other organization which may assist them.).
340

GC art. 102 (The members of the Committee shall be eligible for re-election.).

341

GC art. 102 (Internees so elected shall enter upon their duties after their election has been approved by the
detaining authorities.).
342

GC art. 102 (The reasons for any refusals or dismissals shall be communicated to the Protecting Powers
concerned.).

692

10.22.2 Duties of Internee Committees. Internee Committees shall further the physical,
spiritual, and intellectual well-being of the internees. 343 Internee Committees have duties similar
to the duties of POW Representatives. 344
The Internee Committees general duties imply that the Internee Committee will
undertake a variety of activities to ensure that internees receive proper treatment by the
Detaining Power and to advance their welfare, even activities that are not specified in the GC as
constituting their duties.
10.22.2.1 Internee Committees and Mutual Assistance Among the Internees. In
case the internees decide, in particular, to organize a system of mutual assistance among
themselves, this organization would be within the competence of the Internee Committees, in
addition to the special duties entrusted to them under other provisions of the GC. 345 This
provision of the GC is based on experience during World War II, when camp leaders allowed
POWs to assist one another. 346
10.22.2.2 Other Specific Duties. In addition to the general duties that the GC
imposes on the Internee Committees, the GC also imposes specific duties on the Internee
Committees in the following matters:

managing the distribution of collective relief; 347

assisting in the transport of the internees community property and luggage in cases of
transfers of internees; 348

343

GC art. 103 (The Internee Committees shall further the physical, spiritual and intellectual well-being of the
internees.).
344

GC COMMENTARY 441 (This general clause could therefore be regarded as giving the Internee Committees the
right to take any action likely to further the internees' well-being. In the same way as the camp leader in the
prisoner-of-war camp enjoys considerable latitude in assisting his comrades and is allowed to correspond with relief
organizations, subscribe to newspapers, organize concerts and theatricals, initiate study courses, set up a legal advice
bureau, transmit legal documents and suggest the sending to hospital or repatriation of certain men, so the Internee
Committees have the general task of ensuring the application of the Convention on behalf of their fellowinternees.). Compare 9.24.3 (Duties of POW Representatives).
345

GC art. 103 (In case the internees decide, in particular, to organize a system of mutual assistance amongst
themselves, this organization would be within the competence of the Committees in addition to the special duties
entrusted to them under other provisions of the present Convention.).
346

GC COMMENTARY 441 (The experience of two world wars has shown that the activities of the camp leaders
have made it possible for the poorest of prisoners of war to be helped by their own comrades. In some cases the
camp leader organized collections and his office became a real social welfare bureau. The second paragraph adapts
the results of this experience to the case of internees and in particular gives the Internee Committees the task of
organizing a mutual assistance scheme. In view of the variation in conditions and resources among the internees,
such a scheme can be very useful, for among them there will certainly be heads of family who, in losing their normal
work, will have left their dear ones in serious difficulty.).
347

Refer to 10.23.3.4 (Collective Relief for Internees).

348

Refer to 10.30.3.3 (Disposition of Community Property and Remaining Property).

693

receiving parcels and remittances of money for internees undergoing disciplinary

punishment, and handing over to the infirmary any perishable goods; 349

checking on the management of the canteen and its special fund; 350

transmitting complaints and petitions, and making periodic reports on the needs of
internees; 351

retaining a copy of the GC and any applicable special agreements under the GC, if a copy
is not publicly posted; 352

monitoring decisions announced from any disciplinary proceeding against an internee; 353
and

receiving information about all judicial proceedings against internees whom they
represent, and of their result. 354

10.22.3 Prerogatives of Internee Committees. In order to accomplish their duties,

members of Internee Committtees are afforded certain prerogatives.
10.22.3.1 Limitations on Other Work Assignments. Members of Internee
Committees shall not be required to perform any other work, if the accomplishment of their
duties is thereby rendered more difficult. 355 Because internees are generally exempted from
compulsory work, this means that members of Internee Committees are generally exempted from
maintenance work. 356

349

Refer to 10.28.6.4 (Reading, Writing, Correspondence, and Packages).

350

Refer to 10.12.3 (Canteen Management and Profits).

351

Refer to 10.21 (Internee Petitions, Complaints).

352

Refer to 10.20.2 (Posting of Convention and Camp Orders).

353

Refer to 9.27.3 (Rights of POWs in Disciplinary Proceedings).

354

Refer to 10.29.1 (Information to Internee Committees).

355

GC art. 104 (Members of Internee Committees shall not be required to perform any other work, if the
accomplishment of their duties is rendered more difficult thereby.).
356

See GC COMMENTARY 442-43 (The desire to make this Convention parallel to the Prisoners of War Convention
has led in this paragraph to a somewhat illogical result, which was pointed out during the discussions in Geneva. In
the case of prisoners of war who may be made to work under the provisions of the Convention, it is reasonable that
camp leaders should be given exemption; but is a similar provision necessary in the case of civilians who are
covered by Article 95 stating that they may not be compelled to work? The reply was that Article 95 also contains a
clause exempting maintenance work in the camp, which internees may be compelled to do, so that paragraph 1
would be justified as referring to this.). Refer to 10.17 (Internee Labor).

694

10.22.3.2 Assistants for the Members of Internee Committtees. Members of

Internee Committees may appoint from among the internees such assistants as they may
require. 357
10.22.3.3 Material Facilities, Including Certain Freedom of Movement. All
material facilities shall be granted to members of Internee Committees, particularly a certain
freedom of movement necessary for the accomplishment of their duties (e.g., visits to labor
detachments, receipt of supplies). 358 For example, members of Internee Committees may need to
go to stations or other arrival points where relief supplies are sent. 359
10.22.3.4 Facilities for Communication. All facilities shall likewise be accorded
to members of Internee Committees for communication by post and telegraph with the detaining
authorities, the Protecting Powers, the ICRC and their delegates, and the organizations that give
assistance to internees. 360 Internee Committee members in labor detachments shall enjoy similar
facilities for communication with their Internee Committee in the principal place of
internment. 361 Such communications shall not be limited nor considered as forming a part of the
quota mentioned in Article 107 of the GC. 362
Censorship of communications with the Protecting Powers, ICRC, etc., is not prohibited,
but the Detaining Power should ensure that delays do not occur to the disadvantage of the
internees. 363
10.22.3.5 Turnover for Successor Members of the Internee Committee Upon
Transfer. Members of Internee Committees who are transferred shall be allowed a reasonable
time to acquaint their successors with current affairs. 364
357

GC art. 104 (Members of Internee Committees may appoint from amongst the internees such assistants as they
may require.).
358

GC art. 104 (All material facilities shall be granted to them, particularly a certain freedom of movement
necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).).
359

GC COMMENTARY 443 (It should be noted, with regard to the freedom of movement which is mentioned, that
the text says a certain freedom, not complete freedom. Article 3 of the Draft Rules concerning Collective Relief
annexed to the Convention in a way provides a commentary on this provision by stating that members of Internee
Committees shall be permitted to go to stations or other arrival points near their place of internment where the relief
supplies are sent.).

360

GC art. 104 (All facilities shall likewise be accorded to members of Internee Committees for communication by
post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red
Cross and their delegates, and with the organizations which give assistance to internees.).
361

GC art. 104 (Committee members in labour detachments shall enjoy similar facilities for communication with
their Internee Committee in the principal place of internment.).
362

GC art. 104 (Such communications shall not be limited, nor considered as forming a part of the quota mentioned
in Article 107.). Refer to 10.23.2 (Internees Correspondence Rights and Quota).
363

GC COMMENTARY 444 (It is not stated that these communications are free from censorship. However, the
granting of all facilities lays an obligation on the Detaining Power, if it subjects this correspondence to censorship,
to ensure that delays do not occur to the disadvantage of the internees.).

364

GC art. 104 (Members of Internee Committees who are transferred shall be allowed a reasonable time to
acquaint their successors with current affairs.).

695

10.23 INTERNEE CORRESPONDENCE AND RELIEF SHIPMENTS

Internees may send and receive mail and relief shipments, subject to security
requirements. In addition, internees benefit from certain postage exemptions.
10.23.1 Internment, Health, or Transfer Card. As soon as he or she is interned, or at the
latest not more than one week after his or her arrival in a place of internment, and likewise in
cases of sickness or transfer to another place of internment or to a hospital, every internee shall
be enabled to send direct to his or her family, on the one hand, and to the Central Information
Agency for protected persons, on the other, an internment card that is similar, if possible, to the
model annexed to the GC (GC Annex III.I), informing his or her relatives of his or her detention,
address, and state of health. 365
way. 366

These cards shall be forwarded as rapidly as possible and may not be delayed in any

10.23.2 Internees Correspondence Rights and Quota. Internees shall be allowed to send
and receive letters and cards. 367
10.23.2.1 Internee Correspondence Quota. If the Detaining Power deems it
necessary to limit the number of letters and cards sent by each internee, this number shall not be
fewer than two letters and four cards monthly; these letters and cards shall be drawn up so as to
conform as closely as possible to the models annexed to the GC (GC Annexes III.II & III.III). 368
If limitations must be placed on the correspondence addressed to internees, they may be
ordered only by the Power to which such internees owe allegiance, possibly at the request of the
Detaining Power. 369 If the Detaining Power can censor and transport more than the minimum
stated, in a reasonable time-frame, it should permit more correspondence. 370
365

GC art. 106 (As soon as he is interned, or at the latest not more than one week after his arrival in a place of
internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every
internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by
Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention,
informing his relatives of his detention, address and state of health.).
366

GC art. 106 (The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.).

367

GC art. 107 (Internees shall be allowed to send and receive letters and cards.).

368

GC art. 107 (If the Detaining Power deems it necessary to limit the number of letters and cards sent by each
internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to
conform as closely as possible to the models annexed to the present Convention.).
369

GC art. 107 (If limitations must be placed on the correspondence addressed to internees, they may be ordered
only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power.).
370

See GC COMMENTARY 449 (The minimum of two letters and four cards per month laid down by the Convention
seems to be best suited to the possibilities of rapid censorship. This is the minimum which, after representations by
the International Committee of the Red Cross, most of the belligerents had accepted from December 1940 onwards.
It remained the same until the end of hostilities. The results of this experience are embodied in the Convention, but
it goes without saying that these figures represent only a minimum and that if it can be done without overtaxing the
normal capacity of the postal service they can be exceeded.).

696

10.23.2.2 No Delay in Correspondence for Disciplinary Reasons. Such letters

and cards must be conveyed with reasonable dispatch; they may not be delayed or retained for
disciplinary reasons. 371
10.23.2.3 More Rapid Means of Correspondence in Appropriate Cases. Internees
who have been a long time without news, or who find it impossible to receive news from their
relatives, or to give them news by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send telegrams, the charges being
paid by them in the currency at their disposal. 372 Internees shall likewise benefit from this
provision in cases that are recognized to be urgent. 373
More modern means of communication, such as email, may be considered for internee
correspondence, as appropriate. 374
10.23.2.4 Language of Internee Correspondence. As a rule, internees mail shall
be written in their own language. 375 The parties to the conflict may authorize correspondence in
other languages. 376
10.23.3 Receipt of Individual and Collective Relief Shipments for Internees. Internees
shall be allowed to receive, by post or by any other means, individual parcels or collective
shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and
objects of a devotional, educational, or recreational character that may meet their needs. 377 Such
shipments shall in no way free the Detaining Power from the obligations imposed upon it by
virtue of the GC. 378
Should military necessity require the quantity of such shipments to be limited, due notice
thereof shall be given to the Protecting Power and to the ICRC, or to any other organization
giving assistance to the internees and responsible for the forwarding of such shipments. 379 Such
371

GC art. 107 (Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or
retained for disciplinary reasons.).
372

GC art. 107 (Internees who have been a long time without news, or who find it impossible to receive news from
their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance
from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their
disposal.).
373

GC art. 107 (They shall likewise benefit by this provision in cases which are recognized to be urgent.).

374

Refer to 8.10.3 (Communication With Family).

375

GC art. 107 (As a rule, internees mail shall be written in their own language.).

376

GC art. 107 (The Parties to the conflict may authorize correspondence in other languages.).

377

GC art. 108 (Internees shall be allowed to receive, by post or by any other means, individual parcels or
collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a
devotional, educational or recreational character which may meet their needs.).
378

GC art. 108 (Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by
virtue of the present Convention.).
379

GC art. 108 (Should military necessity require the quantity of such shipments to be limited, due notice thereof
shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other
organization giving assistance to the internees and responsible for the forwarding of such shipments.).

697

a case of military necessity may be, for example, when military operations could be hindered
through the blocking of means of communication by large consignments of relief supplies. 380
10.23.3.1 Separation of Books From Other Relief Supplies. Parcels of clothing
and foodstuffs may not include books. 381 Books should be separated because the time required
for censorship of books would likely delay the distribution of other relief supplies. 382
10.23.3.2 Medical Supplies in Relief Shipments. Medical relief supplies shall, as a
rule, be sent in collective parcels. 383 This rule is meant to ensure that medical supplies can be
administered by the camp doctors and not by the internees themselves without medical advice. 384
However, this rule would not prohibit, in exceptional cases, for example, special medication
being sent from family members to an internee. 385
10.23.3.3 Special Agreements Concerning Relief Shipments. The conditions for
the sending of individual parcels and collective shipments shall, if necessary, be the subject of
special agreements between the Powers concerned, which may in no case delay the receipt by the
internees of relief supplies. 386
10.23.3.4 Collective Relief for Internees. In the absence of special agreements
between parties to the conflict regarding the conditions for the receipt and distribution of
collective relief shipments, the regulations concerning collective relief that are annexed to the
GC (GC Annex II) shall be applied. 387

380

GC COMMENTARY 454-55 (The Detaining Power may only limit the quantity of shipments for reasons of
military necessity. This should be understood to mean cases where operations may be hindered through the
blocking of means of communication by large consignments of relief supplies. In that case, the Protecting Power
and the relief societies must be notified; the societies must indeed be able to regulate the frequency of consignments
themselves and thus avoid perishable goods being held up. In the case of the Protecting Power, the notification is to
enable it to discuss whether the restrictive measures are justified; as the military operations develop, the measures in
any case must only be temporary and can be justified only by exceptional strain on transport or communications.).
381

GC art. 108 (Parcels of clothing and foodstuffs may not include books.).

382
See GC COMMENTARY 455 (Parcels of clothing and foodstuff must not contain books, so that they will not be
delayed for censorship, .).
383

GC art. 108 (Medical relief supplies shall, as a rule, be sent in collective parcels.).

384

GC COMMENTARY 455 ([M]edical supplies, as a rule, will only be sent in collective parcels. It would, indeed,
be dangerous to let the internees themselves decide what medicaments to use. For preference they should only be
used on medical advice.).
385

GC COMMENTARY 455 footnote 2 (As a rule was inserted [into the GC] because it was not wished to prohibit,
as an exceptional case, the inclusion in a family parcel of a medicament required because of the state of health of the
recipient and which might not be included in collective medical relief.).
386

GC art. 108 (The conditions for the sending of individual parcels and collective shipments shall, if necessary, be
the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the
internees of relief supplies.).
387
GC art. 109 (In the absence of special agreements between Parties to the conflict regarding the conditions for the
receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed
to the present Convention shall be applied.).

698

The special agreements provided for above shall in no case restrict the right of Internee
Committees to take possession of collective relief shipments intended for internees, to undertake
their distribution, and to dispose of them in the interests of the recipients. 388
Nor shall such agreements restrict the right of representatives of the Protecting Powers,
the ICRC, or any other organization giving assistance to internees and responsible for the
forwarding of collective shipments, to supervise their distribution to the recipients. 389
10.23.4 Exemption From Postal and Shipping Charges for Shipments To and From
Internees. Relief shipments for internees and mail sent by internees or to them benefit from
certain exemptions in international law.
10.23.4.1 Exemption From Dues for Relief Shipments. All relief shipments for
internees shall be exempt from import, customs, and other dues. 390
10.23.4.2 GC Postal Dues Exemption. Under the GC, all matter sent by mail,
including relief parcels sent by parcel post and remittances of money, addressed from other
countries to internees or sent by them through the post office, either directly or through the
National Protected Person Information Bureau and the Central Information Agency for protected
persons, shall be exempt from all postal dues both in the countries of origin and destination, and
in intermediate countries. 391
To this end, in particular, the exemption provided by the Universal Postal Convention of
1947 and by the agreements of the Universal Postal Union in favor of civilians of enemy
nationality detained in camps or civilian prisons, shall be extended to the other interned persons
protected by the GC. 392 The countries not signatory to the above-mentioned agreements shall be
bound to grant freedom from charges in the same circumstances. 393

388

GC art. 109 (The special agreements provided for above shall in no case restrict the right of Internee
Committees to take possession of collective relief shipments intended for internees, to undertake their distribution
and to dispose of them in the interests of the recipients.).
389

GC art. 109 (Nor shall such agreements restrict the right of representatives of the Protecting Powers, the
International Committee of the Red Cross, or any other organization giving assistance to internees and responsible
for the forwarding of collective shipments, to supervise their distribution to the recipients.).

390

GC art. 110 (All relief shipments for internees shall be exempt from import, customs and other dues.).

391

GC art. 110 (All matter sent by mail, including relief parcels sent by parcel post and remittances of money,
addressed from other countries to internees or despatched by them through the post office, either direct or through
the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article
140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate
countries.).
392

GC art. 110 (To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and
by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or
civilian prisons, shall be extended to the other interned persons protected by the present Convention.).
393

GC art. 110 (The countries not signatory to the above-mentioned agreements shall be bound to grant freedom
from charges in the same circumstances.).

699

10.23.4.3 Exemption From Postal Charges Under the Universal Postal

Convention. Under the Universal Postal Convention, with the exception of air surcharges for
airmail, letter-post items, postal parcels, and monetary articles originating in other countries and
addressed to, or sent by internees, either directly or through the National Protected Person
Information Bureau and the Central Information Agency for protected persons, shall be exempt
from all postal charges. 394
Parcels shall be admitted free of postage up to a weight of 5 kg. 395 The weight limit shall
be increased to 10 kg in the case of parcels the contents of which cannot be split up and of
parcels addressed to a camp or the Internee Committee there for distribution to the internees. 396
Items exempt from postal charges and internee parcels shall bear Service des interns
civils (Civilian internees service) and a translation in another language if appropriate. 397
Postal administrations shall not be liable for the loss of, theft from, or damage to parcels
in the case of internee parcels. 398
394

See Universal Postal Convention, art. 17(2), Dec. 14, 1989, 1687 UNTS 241, 252 (Paragraph 1 [of Article 17]
shall apply to letter-post items, postal parcels and monetary articles originating in other countries and addressed to
or sent by civilian internees as defined by the Geneva Convention of 12 August 1949 relative to the protection of
civilian persons in time of war, either direct or through the Information Bureaux and the Central Information
Agency prescribed in articles 136 and 140 respectively of that Convention.). Consider Universal Postal
Convention, art. 7(2.2), Oct. 11, 2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION,
LETTER POST MANUAL, page C.8 (Berne 2013, Update 2 Jan. 2015) (The provisions set out under 2.1 shall also
apply to letter-post items, postal parcels and postal payment services items originating in other countries and
addressed to or sent by civilian internees as defined by the Geneva Convention of 12 August 1949 relative to the
protection of civilian persons in time of war, either direct or through the offices mentioned in the Regulations of the
Convention and of the Postal Payment Services Agreement.).
395

Universal Postal Convention, art. 17(4), Dec. 14, 1989, 1687 UNTS 241, 252 (Parcels shall be admitted free of
postage up to a weight of 5 kg.). Consider Universal Postal Convention, art. 7(2.4), Oct. 11, 2012, reprinted in
INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne 2013, Update
2 Jan. 2015) (Parcels shall be admitted free of postage up to a weight of 5 kilogrammes.).
396

Universal Postal Convention, art. 17(4), Dec. 14, 1989, 1687 UNTS 241, 252 (The weight limit shall be
increased to 10 kg in the case of parcels the contents of which cannot be split up and of parcels addressed to a camp
or the prisoners representatives there (hommes de confiance) for distribution to the prisoners.). Consider
Universal Postal Convention, art. 7(2.4), Oct. 11, 2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL
POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne 2013, Update 2 Jan. 2015) (The weight limit shall be
increased to 10 kilogrammes in the case of parcels the contents of which cannot be split up and of parcels addressed
to a camp or the prisoners representatives there (hommes de confiance) for distribution to the prisoners.).
397

Consider Letter Post Regulations, Article RL 112 to Article 7 of the Universal Postal Convention of Oct. 11,
2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.11
(2015) (Items exempt from postal charges shall bear, on the address side in the top right-hand corner, the following
indications, which may be followed by a translation: Service des prisonniers de guerre (Prisoners-of-war service)
or Service des interns civils (Civilian internees service) for the items mentioned in article 7.2 of the Convention
and article RL 111 and the forms relating to them;); Parcel Post Regulations, Article RC 112(2) to Article 8 of the
Universal Postal Convention of Oct. 11, 2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL
UNION, PARCEL POST MANUAL, page D.10 (2015) (Every prisoner-of-war and civilian internee parcel and its
dispatch note shall bear, the former beside the address, one of the indications Service des prisonniers de guerre
(Prisoner-of-war Service) or Service des interns civils (Civilian Internees Service); these indications may be
followed by a translation in another language.).

700

10.23.4.4 Costs of Transporting Relief Shipments Outside the Post Office. The
cost of transporting relief shipments that are intended for internees and that, by reason of their
weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining
Power in all the territories under its control. 399 Other Powers that are Parties to the GC shall bear
the cost of transport in their respective territories. 400
Costs connected with the transport of such shipments that are not covered by the above
paragraphs shall be charged to the senders. 401
10.23.4.5 Charges for Telegrams. The Parties to the GC shall endeavor to reduce,
so far as possible, the charges for telegrams sent by internees, or addressed to them. 402
10.23.5 Special Means of Transport of Shipments to Internees. Should military
operations prevent the Powers concerned from fulfilling their obligation to ensure the
conveyance of the mail and relief shipments provided for in Articles 106, 107, 108, and 113 of
the GC, the Protecting Powers concerned, the ICRC, or any other organization duly approved by
the parties to the conflict, may undertake the conveyance of such shipments by suitable means
(e.g., rail, motor vehicles, vessels, or aircraft). 403 For this purpose, the Parties to the GC shall
endeavor to supply them with such transport, and to allow its circulation, especially by granting
the necessary safe-conducts. 404
Such transport may also be used to convey:

correspondence, lists, and reports exchanged between the Central Information Agency for
protected persons and the National Protected Person Information Bureau; and

398

Postal Parcels Agreement, art. 41(2)(f), Dec. 14, 1989, 1687 UNTS 346, 369 (Postal administrations shall not be
liable for the loss of, theft from or damage to parcels in the case of prisoner-of-war or civilian internee parcels.).
399

GC art. 110 (The cost of transporting relief shipments which are intended for internees and which, by reason of
their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all
the territories under its control.).
400

GC art. 110 (Other Powers which are Parties to the present Convention shall bear the cost of transport in their
respective territories.).
401

GC art. 110 (Costs connected with the transport of such shipments, which are not covered by the above
paragraphs, shall be charged to the senders.).
402

GC art. 110 (The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for
telegrams sent by internees, or addressed to them.).
403

GC art. 111 (Should military operations prevent the Powers concerned from fulfilling their obligation to ensure
the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, 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 the conveyance of such shipments by suitable means (rail, motor vehicles,
vessels or aircraft, etc.).).
404

GC art. 111 (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.).

701

correspondence and reports relating to internees that the Protecting Powers, the ICRC, or
any other organization assisting the internees exchange either with their own delegates or
with the parties to the conflict. 405

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. 406
The costs occasioned by the use of such means of transport shall be borne, in proportion
to the importance of the shipments, by the parties to the conflict whose nationals are benefited
thereby. 407 Expenses in setting up the special transport system are not specifically addressed by
the GC, and presumably would be addressed by an agreement between the body that takes the
initiative in establishing the system and the Powers concerned. 408
10.23.6 Censorship and Security Review of Internee Correspondence and Shipments.
The Detaining Power may examine and censor all communications sent to or by internees,
including correspondence, telegrams, parcels, newspapers, periodicals, and books, with a view to
deleting or confiscating matter prejudicial to its military security. 409 The Detaining Powers
general right to conduct censorship is an implicit assumption in the GC.410 Internees

405

GC art. 111 (Such transport may also be used to convey: (a) correspondence, lists and reports exchanged
between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article
136; (b) correspondence and reports relating to internees which the Protecting Powers, the International Committee
of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with
the Parties to the conflict.).
406

GC art. 111 (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.).
407

GC art. 111 (The costs occasioned by the use of such means of transport shall be borne, in proportion to the
importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.).
408

See GC COMMENTARY 468 (This paragraph deals with the expenditure involved in the use of special transport
but not the expenditure incurred in setting up the special transport system. On this latter point, the Convention says
nothing that is not contained in paragraph 1 of this Article-i.e., that the Contracting Powers will make every effort to
procure the means of transport. It is therefore to be supposed that these expenses will be covered by agreement
between the body which takes the initiative in the matter and the Power concerned.).
409

1956 FM 27-10 (Change No. 1 1976) 319b (The Detaining Power may examine and censor all communications
sent to or by internees, including correspondence and telegrams (GC, art. 107; par. 314 herein) and relief shipments
(GC, art, 108; par. 315 herein) with a view to deleting matter prejudicial to its military security.).
410

II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 839-40 (It was suggested by one
Delegation that it would be desirable specifically to reserve the right of censorship in this Article, particularly in
view of the insertion at Stockholm of the words and without alteration. The view of the Committee generally was
that to state a reservation on one Article might make it necessary to state a reserve on several others, since the first
insertion would have created doubt as to the general right of censorship which otherwise is implicit in the
Convention. It was generally accepted that a duty to transmit requests and complaints necessarily implied a right to
read the documents in question to see whether they were in fact requests and complaints. Moreover, since there was
no obligation to transmit without alteration a matter which was not a complaint and not a request, there could be no
breach of the Convention if such matter were deleted from communications to representatives, for example, of the
Protecting Power.).

702

complaints, petitions, and reports may be subject to security review and censorship to ensure that
they are not misused. 411
The censoring of correspondence addressed to internees or sent by them shall be done as
quickly as possible. 412
10.23.6.1 Examination of Consignments. The examination of consignments
intended for internees shall not be carried out under conditions that will expose the goods in
them to deterioration. 413 It shall be done in the presence of the addressee, or of a fellow-internee
duly delegated by him or her. 414 This measure is intended to prevent any misappropriation; the
fellow-internee would generally be a member of the Internee Committee. 415
The delivery to internees of individual or collective consignments shall not be delayed
under the pretext of difficulties of censorship. 416
10.23.6.2 Limitation on Prohibition of Correspondence. Any prohibition of
correspondence ordered by the parties to the conflict for either military or political reasons shall
be only temporary, and its duration shall be as short as possible. 417
10.24 PRIVATE LEGAL MATTERS OF INTERNEES
10.24.1 Civil Capacity. Internees shall retain their full civil capacity and shall exercise
such attendant rights as may be compatible with their status. 418 Their civil capacity continues to

411

Refer to 10.21.2.1 (Review and Censorship of Requests and Complaints by the Detaining Power); 10.21.3
(Periodic Reports by the Internee Committees).
412

GC art. 112 (The censoring of correspondence addressed to internees or despatched by them shall be done as
quickly as possible.).
413

GC art. 112 (The examination of consignments intended for internees shall not be carried out under conditions
that will expose the goods contained in them to deterioration.).
414

GC art. 112 (It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him.).

415

GC COMMENTARY 470 (Parcels which cannot be examined by the Detaining Power in the presence of the
internee, would be examined in the presence of a fellow-internee duly delegated by him. This measure is intended
to prevent any misappropriation. In general, the fellow-internee duly delegated by the addressee will be the member
of the Internee Committee entrusted with the task of receiving and distributing relief supplies in accordance with
Article 109. A reference to the competence of the Internee Committee was, however, avoided in the Convention,
because it was wished to leave the person concerned the opportunity of appointing someone as his delegate who was
not a member of the Internee Committee, to cover cases where he did not have complete confidence in any of its
members.).
416

GC art. 112 (The delivery to internees of individual or collective consignments shall not be delayed under the
pretext of difficulties of censorship.).
417

GC art. 112 (Any prohibition of correspondence ordered by the Parties to the conflict either for military or
political reasons, shall be only temporary and its duration shall be as short as possible.).
418

GC art. 80 (Internees shall retain their full civil capacity and shall exercise such attendant rights as may be
compatible with their status.).

703

be governed by the laws that applied to them before they were interned (e.g., the domestic laws
of their home country or the laws governing the place where they were detained). 419
10.24.2 Legal Documents and Assistance. The Detaining Power shall provide all
reasonable facilities for the transmission, through the Protecting Power or the Central
Information Agency for protected persons, or as otherwise required, of wills, powers of attorney,
letters of authority, or any other documents intended for internees or sent by them. 420 In all
cases, the Detaining Power shall facilitate the execution and authentication in due legal form of
such documents on behalf of internees, in particular by allowing them to consult a lawyer. 421
10.24.2.1 Safekeeping of Wills. In particular, the wills of internees shall be
received for safe-keeping by the responsible authorities, e.g., the commandant of the place of
internment or, on the responsibility of the commandant, a public notary. 422 Upon the internees
death, the will shall be sent to a person whom the internee had designated. 423
10.24.3 Management of Internee Property. Because internment is not punishment,
enabling internees to manage their property is of major importance. 424
The Detaining Power shall afford internees all facilities to enable internees to manage
their property, provided such facilities are not incompatible with the conditions of internment
and the law that is applicable. 425 The law that is applicable may include the Detaining Powers
war regulations relating to enemy property. 426
419

GC COMMENTARY 375 (It must be realized, in fact, that the civil capacity of internees continues to be governed
by the laws which applied to them before they were interned. That means that circumstances which modify it or
cancel it in normal times (divorce, lunacy, etc.) continue to produce the same effects.).

420

GC art. 113 (The Detaining Powers shall provide all reasonable facilities for the transmission, through the
Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of
attorney, letters of authority, or any other documents intended for internees or despatched by them.).
421

GC art. 113 (In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form
of such documents on behalf of internees, in particular by allowing them to consult a lawyer.).
422

See GC art. 129 (The wills of internees shall be received for safe-keeping by the responsible authorities;); GC
COMMENTARY 504 (It was seen in Article 113 that in every case the Detaining Power would facilitate the execution
and the authentication in due legal form of wills. These documents will be handed to the responsible authorities i.e.
to the commandant of the place of internment or, on the responsibility of the commandant, to a public notary who
will ensure their safe-keeping.).
423

Refer to 10.34.1 (Transmittal of Wills).

424

GC COMMENTARY 473 (Internment, it must be insisted, is not a punishment. It would therefore be unjust if,
through the restrictions on freedom which it imposes, it involved disastrous consequences for the internee himself
and the members of his family. In this respect, the granting of permission to internees to manage their property is of
major importance.).
425

GC art. 114 (The Detaining Power shall afford internees all facilities to enable them to manage their property,
provided this is not incompatible with the conditions of internment and the law which is applicable.).
426

GC COMMENTARY 473 (This Article, however, must not be interpreted in such a way as to give the internee a
privileged position by making him not subject to the war regulations relating to enemy property. Clearly, a person
delegated by him could not have greater power than himself and it is for this reason that the text expressly mentions
the application of the laws in force.).

704

For the purpose of enabling internees to manage their property, the Detaining Power may
give internees permission to leave the place of internment in urgent cases and if circumstances
allow. 427 In general, however, the internee would act only by delegating his or her powers. 428
10.24.4 Court Cases in Which Internees Are Parties. In all cases in which an internee is a
party to proceedings in any court, the Detaining Power shall, if the internee so requests, cause the
court to be informed of the internees detention and shall, within legal limits, ensure that all
necessary steps are taken to prevent the internee from being in any way prejudiced, by reason of
his or her internment, as regards the preparation and conduct of his or her case, or as regards the
execution of any judgment of the court. 429
10.25 INTERNEES AND VISITS OF FAMILY AND FRIENDS
Every internee shall be allowed to receive visitors, especially near relatives, at regular
intervals and as frequently as possible. 430 The frequency of the visits will depend on practical
considerations, including security needs. 431 The visitors need not be family members, but may
be, for example, close friends. 432
As far as is possible, internees shall be permitted to visit their homes in urgent cases,
particularly in cases of death or serious illness of relatives. 433

427

GC art. 114 (For this purpose, the said Power may give them permission to leave the place of internment in
urgent cases and if circumstances allow.).
428

GC COMMENTARY 473 (It, however, remains a rule that the internee may act only by delegating his powers,
since as one delegation to the Geneva Conference declared, it would not be reasonable to expect that an internee
should be enabled to conduct a whole business from his place of internment. In this case again, the Protecting
Power will often have its services in demand.).
429

GC art. 115 (In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if
he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary
steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the
preparation and conduct of his case or as regards the execution of any judgment of the court.).
430

GC art. 116 (Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and
as frequently as possible.).
431

See GC COMMENTARY 475 (The frequency of visits was not stated because it was important to leave the
detaining authorities discretion to appraise their security needs. Experience in the last war showed the advantage of
monthly or bi-monthly visits which, in places of internment far away from urban centres, could last from one to
three days.).

432

See GC COMMENTARY 475 (It is not only members of their families who are allowed to visit internees. In
Kenya [during World War II], for example, internees without a family had been authorized, at the request of the
delegate of the International Committee of the Red Cross, to have visits from friends to whom they were in no way
related. The results of this experience are embodied in the wording of this paragraph [of Article 116 of the GC].).

433

GC art. 116 (As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in
cases of death or serious illness of relatives.).

705

10.26 INTERNEE ESCAPES

Similar to the rules on POW escape, 434 a number of provisions of the GC limit
punishment of internees with respect to escape. However, unlike POWs, 435 internees are not
afforded any protection from punishment for successful escapes.
10.26.1 Punishment for the Escape Itself. Internees who are recaptured after having
escaped, or when attempting to escape, shall be liable only to disciplinary punishment in respect
of this act, even if it is a repeated offense. 436
10.26.1.1 Punishment for Aiding and Abetting an Escape. Internees who aid and
abet an escape, or an attempt to escape, shall be liable on this count to disciplinary punishment
only. 437
10.26.2 Offenses Committed in Connection With, or During, Escape.
10.26.2.1 Escape Not an Aggravating Circumstance for Offenses Committed
During Escape. Escape, or attempt to escape, even if it is a repeated offense, shall not be
deemed an aggravating circumstance in cases where an internee is prosecuted for offenses
committed during his or her escape. 438
10.26.2.2 Leniency in Favor of Disciplinary Punishments for Offenses Committed
in Connection With Escape. The parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment inflicted for an offense shall be of a
disciplinary or judicial nature, especially in respect of acts committed in connection with an
escape, whether successful or not. 439 Thus, offenses that are committed in connection with an
escape that are not serious should be punished in disciplinary as opposed to judicial
proceedings. 440

434

Refer to 9.25 (POW Escapes).

435

Refer to 9.25.1 (No Punishment for Successful Escape).

436

GC art. 120 (Internees who are recaptured after having escaped or when attempting to escape, shall be liable
only to disciplinary punishment in respect of this act, even if it is a repeated offence.).
437

GC art. 120 (Internees who aid and abet an escape, or attempt to escape, shall be liable on this count to
disciplinary punishment only.).
438

GC art. 121 (Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating
circumstance in cases where an internee is prosecuted for offences committed during his escape.).
439

GC art. 121 (The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding
whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts
committed in connection with an escape, whether successful or not.).
440

GC COMMENTARY 488 (It must be considered that whenever connected offences are not serious, they may only
be punished as breaches of discipline. If there is any doubt, the authorities should give the accused the benefit of
it.).

706

This requirement does not compel the competent authorities to choose disciplinary over
judicial proceedings in any particular case. 441
10.26.3 Special Surveillance of Internees Who Have Previously Escaped or Attempted to
Escape. Although paragraph 3 of Article 118 of the GC provides that internees who have served
disciplinary or judicial sentences shall not be treated differently from other internees, 442 internees
punished as a result of escape or attempt to escape may be subjected to special surveillance, on
condition that such surveillance: (1) does not affect the state of their health; (2) is exercised in a
place of internment; and (3) does not entail the abolition of any of the safeguards granted by the
GC. 443
10.26.4 Notification of Escape and Recapture. If an internee escapes, the State of which
the internee was a national or in which the national resided should be notified by the Detaining
Powers National Protected Person Information Bureau through the intermediary of the
Protecting Powers and Central Information Agency for protected persons. 444
10.27 GENERAL PROVISIONS APPLICABLE TO BOTH JUDICIAL AND DISCIPLINARY SANCTIONS
REGARDING INTERNEES
This section addresses the rules that apply to both judicial and disciplinary sanctions
regarding internees.
10.27.1 Applicability of the Laws in Force to Internees. Subject to the provisions of
Chapter IX of the GC, the laws in force in the territory in which they are detained will continue
to apply to internees who commit offenses during internment. 445
10.27.2 Only Disciplinary Punishments for Internee-Specific Offenses. If general laws,
regulations, or orders declare acts committed by internees to be punishable, whereas the same
acts are not punishable when committed by persons who are not internees, such acts shall entail
disciplinary punishments only. 446

441

Compare 9.26.2 (Leniency in Favor of Disciplinary Rather Than Judicial Proceedings).

442

Refer to 10.27.5 (Treatment of Internees Who Have Served Sentences).

443

GC art. 120 (Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to
escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their
health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards
granted by the present Convention.).
444

Refer to 10.31.1 (Accountability Information That Parties to a Conflict Should Collect).

445

GC art. 117 (Subject to the provisions of the present Chapter, the laws in force in the territory in which they are
detained will continue to apply to internees who commit offences during internment.).
446
GC art. 117 (If general laws, regulations or orders declare acts committed by internees to be punishable,
whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail
disciplinary punishments only.).

707

10.27.3 No Repetition of Punishment. No internee may be punished more than once for
the same act, or on the same count. 447
10.27.4 Penalties Imposed on Internees. The courts or authorities shall, in passing
sentence, take as far as possible into account the fact that the defendant is not a national of the
Detaining Power. 448 They shall be free to reduce the penalty prescribed for the offense with
which the internee is charged and shall not be obliged, to this end, to apply the minimum
sentence prescribed. 449
10.27.4.1 Prohibited Penalties. Imprisonment in premises without daylight and,
in general, all forms of cruelty without exception are forbidden. 450
Collective punishments of internees are also prohibited. 451
10.27.4.2 Deduction From Penalty for Duration of Preventive Detention. The
duration of preventive detention undergone by an internee shall be deducted from any
disciplinary or judicial penalty involving confinement to which he or she may be sentenced. 452
10.27.5 Treatment of Internees Who Have Served Sentences. Internees who have served
disciplinary or judicial sentences shall not be treated differently from other internees. 453
10.28 DISCIPLINARY PROCEEDINGS AND PUNISHMENT
In addition to the general principles applicable to the punishment of internees, the
following rules address disciplinary proceedings and punishment.
10.28.1 Internment Camp Authorities Who May Order Disciplinary Punishment.
Without prejudice to the competence of courts and higher authorities, disciplinary punishment
may be ordered only by the commandant of the place of internment, or by a responsible officer
or official who replaces him or her, or to whom the commandant has delegated his or her
disciplinary powers. 454 The delegation of disciplinary authorities by the commandant, however,
447

GC art. 117 (No internee may be punished more than once for the same act, or on the same count.).

448

GC art. 118 (The courts or authorities shall in passing sentence take as far as possible into account the fact that
the defendant is not a national of the Detaining Power.).
449

GC art. 118 (They shall be free to reduce the penalty prescribed for the offence with which the internee is
charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.).
450

GC art. 118 (Imprisonment in premises without daylight and, in general, all forms of cruelty without exception
are forbidden.).
451

Refer to 10.5.3.2 (Collective Penalties and Measures of Intimidation or Terrorism).

452

GC art. 118 (The duration of preventive detention undergone by an internee shall be deducted from any
disciplinary or judicial penalty involving confinement to which he may be sentenced.).
453

GC art. 118 (Internees who have served disciplinary or judicial sentences shall not be treated differently from
other internees.).
454
GC art. 123 (Without prejudice to the competence of courts and higher authorities, disciplinary punishment may
be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces
him, or to whom he has delegated his disciplinary powers.).

708

does not absolve the commandant of his or her own responsibility and of his or her duty of
supervision. 455
10.28.2 Confinement of Internees Awaiting Trial. Acts that constitute offenses against
discipline shall be investigated immediately. 456 This rule shall be applied, in particular, in cases
of escape or attempt to escape. 457 Recaptured internees shall be handed over to the competent
authorities as soon as possible. 458 Competent authorities are those directly responsible for the
person concerned before the escape and who are entitled to direct that the internee receive a
disciplinary punishment. 459
In cases of offenses against discipline, confinement awaiting trial shall be reduced to an
absolute minimum for all internees, and shall not exceed fourteen days. 460 Although the words
awaiting trial are used in the GC, the GC does not require that this period of investigation
before the disciplinary proceedings have the complicated character of pre-trial discovery and
involve motions, for example, as in the judicial context.461
The provisions of Articles 124 and 125 of the GC shall apply to internees who are in
confinement awaiting trial for offenses against discipline. 462 Thus, the conditions of any
confinement before the trial should be at least as good as those afforded internees who are
confined as part of disciplinary punishment. 463
455

GC COMMENTARY 490 (In very large places of internment, however, the need to place before the commandant
every case involving disciplinary punishment would lead to delays and complications. The Government Experts had
already noted this and, at their suggestion, the Stockholm Draft included a provision that disciplinary powers could
be delegated. This delegation of powers, authorized in the paragraph under discussion, does not however absolve
the commandant from his own responsibility nor his duty of supervision. Since, under Article 99, he is responsible
for the application of the Convention, he assumes responsibility for any abuses of which his subordinates might
become guilty in exercising the disciplinary power he has delegated to them.).

456

GC art. 122 (Acts which constitute offences against discipline shall be investigated immediately.).

457

GC art. 122 (This rule shall be applied, in particular, in cases of escape or attempt to escape.).

458

GC art. 122 (Recaptured internees shall be handed over to the competent authorities as soon as possible.).

459

See GC COMMENTARY 488 (With regard to handing over the recaptured internee to the competent authorities,
this text should be compared with paragraph 2 of Article 92 of the Third Convention, which provides that an
escaped prisoner of war must be handed over to the competent military authorities. In both cases the competent
authorities are those directly responsible for the person concerned before the escape-i.e. either the camp
commandant (or the commander of the labour detachment), or the commandant of the place of internment. In short,
the competent authority is the authority entitled to inflict a disciplinary punishment on the internee.).
460

GC art. 122 (In case of offences against discipline, confinement awaiting trial shall be reduced to an absolute
minimum for all internees, and shall not exceed fourteen days.).
461

See GC COMMENTARY 488 (While an investigation to establish the facts must always precede the infliction of a
punishment, it will not in this case have the complicated character of a judicial enquiry.).

462

GC art. 122 (The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting
trial for offences against discipline.). Refer to 10.28.6 (Conditions for Internees Serving Disciplinary
Punishments).
463

See GC COMMENTARY 489 (This solution, moreover, is logical and conforms to the traditional procedure in
penal matters. Deprivation of liberty while awaiting trial indeed takes place before the guilt of the accused has been
established. Detention must not, therefore, be harsher for a man who is merely accused than for a guilty person.).

709

10.28.3 Rights of Internees in Disciplinary Proceedings. Before any disciplinary

punishment is awarded, the accused internee shall be given: (1) precise information regarding
the offenses of which he or she is accused; (2) an opportunity to explain his or her conduct; and
(3) an opportunity to defend himself or herself. 464 The internee shall be permitted, in particular,
to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. 465
The decision shall be announced in the presence of the accused and of a member of the
Internee Committee. 466
10.28.4 Record of Disciplinary Punishments. A record of disciplinary punishments shall
be maintained by the commandant of the place of internment and shall be open to inspection by
representatives of the Protecting Power. 467
10.28.5 Types of Disciplinary Punishments and Procedures for Dispensing Punishment.
In no case shall disciplinary penalties be inhuman, brutal, or dangerous for the health of
internees. 468
In addition, prolonged standing and roll-calls, punishment drill, military drill and
maneuvers, and the reduction of food rations are prohibited. 469
Account shall be taken of the internees age, sex, and state of health. 470 The disciplinary
punishments applicable to internees shall be the following:

a fine that shall not exceed 50 percent of the wages that the internee would otherwise
receive under Article 95 of the GC during a period of not more than thirty days;

discontinuance of privileges granted over and above the treatment provided for by the
GC;

fatigue duties, not exceeding two hours daily, in connection with the maintenance of the
place of internment; and

464

GC art. 123 (Before any disciplinary punishment is awarded, the accused internee shall be given precise
information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and
of defending himself.).
465

GC art. 123 (He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter.).
466

GC art. 123 (The decision shall be announced in the presence of the accused and of a member of the Internee
Committee.).
467

GC art. 123 (A record of disciplinary punishments shall be maintained by the commandant of the place of
internment and shall be open to inspection by representatives of the Protecting Power.).
468

GC art. 119 (In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of
internees.).
469

Refer to 10.20.3.2 (Prohibition Against Prolonged Standing, Roll-Calls, Punishment Drill, Military Drill and
Manuevers, or the Reduction of Food Rations).
470

GC art. 119 (Account shall be taken of the internees age, sex and state of health.).

710

confinement. 471

The duration of any single punishment shall in no case exceed a maximum of thirty
consecutive days, even if the internee is answerable for several breaches of discipline when his
or her case is dealt with, regardless of whether such breaches are connected. 472
The duration of confinement awaiting trial shall in any case be deducted from any
sentence of confinement. 473
The period elapsing between the time of award of a disciplinary punishment and its
execution shall not exceed one month. 474 When an internee is awarded a further disciplinary
punishment, a period of at least three days shall elapse between the execution of any two of the
punishments, if the duration of one of these punishments is ten days or more. 475
10.28.6 Conditions for Internees Serving Disciplinary Punishments. Conditions for
disciplinary punishments must comport with the requirements for humane treatment. In addition,
the following rules apply:
10.28.6.1 Premises Where Disciplinary Punishments Are to Be Served. Internees
shall not, in any case, be transferred to penitentiary establishments (e.g., prisons, penitentiaries,
convict prisons) to undergo disciplinary punishments. 476
The premises in which disciplinary punishments occur shall conform to sanitary
requirements; they shall, in particular, be provided with adequate bedding. 477 Internees
undergoing punishment shall be enabled to keep themselves in a state of cleanliness. 478
Women internees undergoing disciplinary punishment shall be confined in separate
quarters from male internees and shall be under the immediate supervision of women. 479
471

GC art. 119 (The disciplinary punishments applicable to internees shall be the following: (1) A fine which shall
not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95
during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment
provided for by the present Convention. (3) Fatigue duties, not exceeding two hours daily, in connection with the
maintenance of the place of internment. (4) Confinement.).
472

GC art. 119 (The duration of any single punishment shall in no case exceed a maximum of thirty consecutive
days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such
breaches are connected or not.).
473

GC art. 122 (Its duration shall in any case be deducted from any sentence of confinement.).

474

GC art. 123 (The period elapsing between the time of award of a disciplinary punishment and its execution shall
not exceed one month.).
475

GC art. 123 (When an internee is awarded a further disciplinary punishment, a period of at least three days shall
elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.).
476

GC art. 124 (Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries,
convict prisons, etc.) to undergo disciplinary punishment therein.).
477

GC art. 124 (The premises in which disciplinary punishments are undergone shall conform to sanitary
requirements; they shall in particular be provided with adequate bedding.).
478

GC art. 124 (Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.).

711

10.28.6.2 Exercise and Access to the Open Air. Internees awarded disciplinary
punishment shall be allowed to exercise and to stay in the open air at least two hours daily. 480
Exercising and staying in the open air should be given as an opportunity and should not be
compelled. 481
10.28.6.3 Attendance at Daily Medical Inspection and Medical Attention.
Internees awarded disciplinary punishment shall be allowed, if they so request, to be present at
daily medical inspections. 482 They shall receive the attention that their state of health requires
and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital. 483
10.28.6.4 Reading, Writing, Correspondence, and Packages. Internees awarded
disciplinary punishment shall have permission to read and write, and to send and receive
letters. 484 Parcels and remittances of money, however, may be withheld from them until the
completion of their punishment; such consignments shall meanwhile be entrusted to the Internee
Committee, who will hand over to the infirmary the perishable goods contained in the parcels. 485
No internee given a disciplinary punishment may be deprived of the benefit of the
provisions of Articles 101 and 143 of the GC. 486 Thus, internees undergoing disciplinary
punishments may not be deprived of the right to make requests and complaints, or to deal with

479

GC art. 124 (Women internees undergoing disciplinary punishment shall be confined in separate quarters from
male internees and shall be under the immediate supervision of women.).
480

GC art. 125 (Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air
at least two hours daily.).
481

See GC COMMENTARY 495 (It should be made quite clear, moreover, that exercise in the open air is a possibility
offered to the internee; whether he takes advantage of it or not is according to his wishes. It would not be right,
indeed, if, under the pretext of applying this rule, certain commandants of places of internment made the punishment
more severe by compulsory exercise, keeping the internees in the full sun or the snow for two hours at a stretch as
sometimes happened during the Second World War.).

482

GC art. 125 (They shall be allowed, if they so request, to be present at the daily medical inspections.). Refer to
10.14.1.3 (Monthly Medical Inspections).
483

GC art. 125 (They shall receive the attention which their state of health requires and, if necessary, shall be
removed to the infirmary of the place of internment or to a hospital.).
484

GC art. 125 (They shall have permission to read and write, likewise to send and receive letters.). Refer to
10.23.2 (Internees Correspondence Rights and Quota).
485

GC art. 125 (Parcels and remittances of money, however, may be withheld from them until the completion of
their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to
the infirmary the perishable goods contained in the parcels.).
486

GC art. 125 (No internee given a disciplinary punishment may be deprived of the benefit of the provisions of
Articles 107 and 143 of the present Convention.). Article 125 of the GC specifies Article 107 instead of Article
101. However, considering (1) the legislative history; (2) the parallel provision in Article 98 of the GPW that refers
to the right of making complaints; (3) the fact that the right to send or receive letters is already given in paragraph 3
of Article 125 of the GC; and (4) the principles underlying the GC; [i]t may therefore be deduced that the last
paragraph refers to Article 107 in error for Article 101. GC COMMENTARY 497.

712

representatives of the Protecting Power (including representatives of an impartial humanitarian

organization performing the functions of the Protecting Power). 487
10.29 JUDICIAL PROCEEDINGS REGARDING PROTECTED PERSONS IN OCCUPIED TERRITORY OR
INTERNEES IN A BELLIGERENTS HOME TERRITORY
In addition to the general principles applicable to the punishment of internees, the
following rules address judicial proceedings against internees in a belligerents home territory
and protected persons in occupied territory.
The provisions of Articles 71 through 76 of the GC shall apply, by analogy, to
proceedings against internees who are in the national territory of the Detaining Power. 488
Articles 71-76 of the GC address the penal procedures for protected persons in occupied
territory. Thus, this section has been written with a view towards describing both situations.
10.29.1 Information to Internee Committees. Internee Committees shall be informed of
all judicial proceedings instituted against internees whom they represent, and of their result. 489
10.29.2 Pre-Trial Matters.
10.29.2.1 Prompt Information of the Charges and Brought to Trial as Rapidly as
Possible. Accused persons who are prosecuted by the Occupying or Detaining Power shall be
promptly informed, in writing, in a language that they understand, of the particulars of the
charges preferred against them, and shall be brought to trial as rapidly as possible. 490
10.29.2.2 Notification of Proceeding in Respect of Charges Involving the Death
Penalty or Imprisonment for Two or More Years. The Protecting Power shall be informed of all
proceedings instituted by the Occupying or Detaining Power against protected persons in respect
of charges involving the death penalty or imprisonment for two years or more, and shall be
enabled, at any time, to obtain information regarding the state of such proceedings. 491
Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all

487

Refer to 10.21 (Internee Petitions, Complaints); 10.33 (Access to Internees by Protecting Powers, ICRC, and
Other Relief Organizations).
488

GC art. 126 (The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against
internees who are in the national territory of the Detaining Power.).
489

GC art. 118 (Internee Committees shall be informed of all judicial proceedings instituted against internees
whom they represent, and of their result.).
490

GC art. 71 (Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in
writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be
brought to trial as rapidly as possible.).
491
GC art. 71 (The Protecting Power shall be informed of all proceedings instituted by the Occupying Power
against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it
shall be enabled, at any time, to obtain information regarding the state of such proceedings.).

713

particulars of these and of any other proceedings instituted by the Occupying or Detaining Power
against protected persons. 492
The notification to the Protecting Power, as provided for in the second paragraph of
Article 71 of the GC, shall be sent immediately, and shall in any case reach the Protecting Power
three weeks before the date of the first hearing. 493 Unless, at the opening of the trial, evidence is
submitted that the provisions of Article 71 of the GC are fully complied with, the trial shall not
proceed. 494 The notification shall include the following particulars:

description of the accused;

place of residence or detention;

specification of the charge or charges (with mention of the penal provisions under which
it is brought);

designation of the court that will hear the case; and

place and date of the first hearing. 495

10.29.3 Right of Defense and Trial Procedure. Accused persons shall have the right to
present evidence necessary to their defense and may, in particular, call witnesses. 496 They shall
have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be
able to visit them freely and shall enjoy the necessary facilities for preparing the defense. 497
10.29.3.1 Additional Provision for Defense Counsel and Interpreter. Failing a
choice by the accused, the Protecting Power may provide him or her with an advocate or
counsel. 498 Where the accused person is facing a serious charge and the Protecting Power is not
functioning, the Occupying or Detaining Power, subject to the consent of the accused, shall
492

GC art. 71 (Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars
of these and of any other proceedings instituted by the Occupying Power against protected persons.).
493

GC art. 71 (The notification to the Protecting Power, as provided for in the second paragraph above, shall be
sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first
hearing.).
494

GC art. 71 (Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully
complied with, the trial shall not proceed.).
495

GC art. 71 (The notification shall include the following particulars: (a) description of the accused; (b) place of
residence or detention; (c) specification of the charge or charges (with mention of the penal provisions under which
it is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing.).
496

GC art. 72 (Accused persons shall have the right to present evidence necessary to their defence and may, in
particular, call witnesses.).
497

GC art. 72 (They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who
shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.).
498

GC art. 72 (Failing a choice by the accused, the Protecting Power may provide him with an advocate or
counsel.).

714

provide an advocate or counsel. 499 Accused persons shall, unless they freely waive such
assistance, be aided by an interpreter, both during preliminary investigation and during the
hearing in court. 500 They shall have the right at any time to object to the interpreter and to ask
for the interpreter to be replaced. 501
10.29.3.2 Attendance by the Protecting Power in the Proceedings.
Representatives of the Protecting Power shall have the right to attend the trial of any protected
person, unless the hearing, as an exceptional measure, has to be held in camera in the interests of
the security of the Occupying or Detaining Power, which shall then notify the Protecting
Power. 502 A notification in respect of the date and place of trial shall be sent to the Protecting
Power. 503
10.29.3.3 Regular Trial. No sentence shall be pronounced by the competent
courts of the Occupying or Detaining Power except after a regular trial. 504
10.29.3.4 Notification of Judgment Involving Sentence of Death or Imprisonment.
Any judgment involving a sentence of death, or imprisonment for two years or more, shall be
communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. 505 The
notification shall contain a reference to the notification made under Article 71 of the GC and, in
the case of sentences of imprisonment, the name of the place where the sentence is to be
served. 506 A record of judgments other than those referred to above shall be kept by the court
and shall be open to inspection by representatives of the Protecting Power. 507 Any period
allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two
years or more, shall not run until notification of judgment has been received by the Protecting
Power. 508
499

GC art. 72 (When an accused person has to meet a serious charge and the Protecting Power is not functioning,
the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.).
500

GC art. 72 (Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both
during preliminary investigation and during the hearing in court.).
501

GC art. 72 (They shall have the right at any time to object to the interpreter and to ask for his replacement.).

502

GC art. 74 (Representatives of the Protecting Power shall have the right to attend the trial of any protected
person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the
Occupying Power, which shall then notify the Protecting Power.).
503

GC art. 74 (A notification in respect of the date and place of trial shall be sent to the Protecting Power.).

504

GC art. 71 (No sentence shall be pronounced by the competent courts of the Occupying Power except after a
regular trial.).
505

GC art. 74 (Any judgment involving a sentence of death, or imprisonment for two years or more, shall be
communicated, with the relevant grounds, as rapidly as possible to the Protecting Power.).
506

GC art. 74 (The notification shall contain a reference to the notification made under Article 71, and, in the case
of sentences of imprisonment, the name of the place where the sentence is to be served.).
507

GC art. 74 (A record of judgments other than those referred to above shall be kept by the court and shall be open
to inspection by representatives of the Protecting Power.).
508

GC art. 74 (Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment
of two years or more, shall not run until notification of judgment has been received by the Protecting Power.).

715

10.29.4 Right of Appeal. A convicted person shall have the right of appeal provided for
by the laws applied by the court. 509 The convicted person shall be fully informed of his or her
right to appeal or petition, and of the time limit within which he or she may do so. 510
The penal procedure in Section III of the GC shall apply, as far as it is applicable, to
appeals. 511 Where the laws applied by the court make no provision for appeals, the convicted
person shall have the right to petition against the finding and sentence to the competent authority
of the Occupying or Detaining Power. 512
10.29.5 Death Sentences. In no case shall persons condemned to death be deprived of the
right of petition for pardon or reprieve. 513
No death sentence shall be carried out before the expiration of a period of at least six
months from the date of receipt by the Protecting Power of the notification of the final judgment
confirming such death sentence, or of an order denying pardon or reprieve. 514
The six-month period of suspension of the death sentence prescribed in Article 75 of the
GC may be reduced in individual cases in circumstances of grave emergency involving an
organized threat to the security of the Occupying or Detaining Power or its forces, provided
always that the Protecting Power is notified of such reduction and is given reasonable time and
opportunity to make representations to the competent occupying or domestic authorities in
respect of such death sentences. 515
10.29.6 Conditions for Accused or Convicted Protected Persons Who Are Detained. If
found in occupied territory, protected persons accused of offenses shall be detained in the
occupied country, and, if convicted, they shall serve their sentences therein. 516 This provision
does not preclude the appearance of convicted persons before appeal courts outside the occupied
509

GC art. 73 (A convicted person shall have the right of appeal provided for by the laws applied by the court.).

510

GC art. 73 (He shall be fully informed of his right to appeal or petition and of the time limit within which he
may do so.).
511

GC art. 73 (The penal procedure provided in the present Section shall apply, as far as it is applicable, to
appeals.).
512

GC art. 73 (Where the laws applied by the Court make no provision for appeals, the convicted person shall have
the right to petition against the finding and sentence to the competent authority of the Occupying Power.).
513

GC art. 75 (In no case shall persons condemned to death be deprived of the right of petition for pardon or
reprieve.).
514

GC art. 75 (No death sentence shall be carried out before the expiration of a period of at least six months from
the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence,
or of an order denying pardon or reprieve.).
515

GC art. 75 (The six months period of suspension of the death sentence herein prescribed may be reduced in
individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying
Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable
time and opportunity to make representations to the competent occupying authorities in respect of such death
sentences.).
516

GC art. 76 (Protected persons accused of offences shall be detained in the occupied country, and if convicted
they shall serve their sentences therein.).

716

territory, or the possibility of protected persons receiving medical care outside the occupied
territory. 517
Accused or convicted protected persons who are detained shall, if possible, be separated
from other detainees and shall enjoy conditions of food and hygiene that will be sufficient to
keep them in good health, and that will be at least equal to those obtaining in prisons in that
country. 518
10.29.6.1 Medical Attention and Spiritual Assistance. Accused or convicted
protected persons who are detained shall receive the medical attention required by their state of
health. 519 They shall also have the right to receive any spiritual assistance that they may
require. 520
10.29.6.2 Separate Confinement for Women and Special Treatment for Minors.
Women shall be confined in separate quarters and shall be under the direct supervision of
women. 521 Proper regard shall be paid to the special treatment due to minors. 522
10.29.6.3 Visits by the Protecting Power and ICRC and Right to Receive Relief
Parcel. Accused or convicted protected persons who are detained shall have the right to be
visited by delegates of the Protecting Power and the ICRC, in accordance with the provisions of
Article 143 of the GC. 523 Accused or convicted protected persons who are detained also shall
have the right to receive at least one relief parcel monthly. 524
10.30 TRANSFERS OF INTERNEES FROM THE PLACE OF INTERNMENT
The rules in this section apply to transfers of internees from the place of internment.

517

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 835 (A provision appeared in
Article 67 of the Stockholm text that protected persons indicted or convicted by the courts in occupied territory shall
in no case be taken outside the said territory. The Committee felt this prohibition to be too emphatic since it would
preclude the appearance of convicted persons before appeal courts outside the occupied territory, or the possibility
of their receiving health treatment outside the territory. The Committee considered that the principle behind this
provision could be preserved by including in Article 66 a provision to the effect that protected persons indicted shall
be detained in the occupied country and if convicted shall serve their sentence therein.).

518

GC art. 76 (They shall, if possible, be separated from other detainees and shall enjoy conditions of food and
hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in
prisons in the occupied country.).
519

GC art. 76 (They shall receive the medical attention required by their state of health.).

520

GC art. 76 (They shall also have the right to receive any spiritual assistance which they may require.).

521

GC art. 76 (Women shall be confined in separate quarters and shall be under the direct supervision of women.).

522

GC art. 76 (Proper regard shall be paid to the special treatment due to minors.).

523

GC art. 76 (Protected persons who are detained shall have the right to be visited by delegates of the Protecting
Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.).
524

GC art. 76 (Such persons shall have the right to receive at least one relief parcel monthly.).

717

Additional rules apply to the transfer of protected persons from the belligerents home
territory. 525 Individual or mass forcible transfers of protected persons from occupied territory are
prohibited. 526
10.30.1 Determining Whether to Transfer Internees. When making decisions regarding
the transfer of internees, the Detaining Power shall take their interests into account and, in
particular, shall not do anything to increase the difficulties of repatriating them or returning them
to their own homes. 527
Sick, wounded, or infirm internees, and maternity cases, shall not be transferred if the
journey would be seriously detrimental to them, unless their safety imperatively so demands. 528
If the combat zone draws close to a place of internment, the internees in that place shall
not be transferred unless their removal can be carried out in adequate conditions of safety, or
unless they are exposed to greater risks by remaining on the spot than by being transferred. 529
10.30.2 Conditions for the Transfer of Internees. The transfer of internees shall always
be effected humanely. 530 As a general rule, it shall be carried out by rail or other means of
transport, and under conditions at least equal to those obtaining for the forces of the Detaining
Power in their changes of station. 531 If, as an exceptional measure, such removals have to be
effected on foot, they may not take place unless the internees are in a fit state of health, and may
not in any case expose them to excessive fatigue. 532 This provision seeks to prevent abuses such
as the forced death marches that occurred during World War II. 533 When considering
525

Refer to 10.8.3 (Transfers of Protected Persons From a Belligerents Home Territory).

526

Refer to 11.12.3 (Prohibition Against Forcible Transfers and Deportations).

527

GC art. 127 (When making decisions regarding the transfer of internees, the Detaining Power shall take their
interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or
returning them to their own homes.).
528

GC art. 127 (Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would
be seriously detrimental to them, unless their safety imperatively so demands.).
529

GC art. 127 (If the combat zone draws close to a place of internment, the internees in the said place shall not be
transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to
greater risks by remaining on the spot than by being transferred.).
530

GC art. 127 (The transfer of internees shall always be effected humanely.).

531

GC art. 127 (As a general rule, it shall be carried out by rail or other means of transport, and under conditions at
least equal to those obtaining for the forces of the Detaining Power in their changes of station.).
532

GC art. 127 (If, as an exceptional measure, such removals have to be effected on foot, they may not take place
unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.).
533

II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 269 (Mr. GARDNER (United
Kingdom) submitted the three following amendments: It had been proved that during the Second World War over
ten thousand prisoners lost their lives while being transferred by sea; but a very much larger number lost their lives
while being transferred by land. He referred not only to the Bataan march, but also to a march in Borneo where
some four thousand prisoners had started out, and only six or seven survived. There were also the forced marches
carried out by prisoners in Central Europe towards the end of the war; it was certainly not due to any efforts by the
Detaining Power that the number of deaths during those marches was comparatively small.).

718

movement by foot, the Detaining Power must assess the fitness of each individual, not the
condition of the majority. 534
The Detaining Power shall supply internees during transfer with drinking water and food
sufficient in quantity, quality, and variety to maintain them in good health, and also with the
necessary clothing, adequate shelter, and the necessary medical attention. 535 The Detaining
Power shall take all suitable precautions to ensure their safety during transfer, and shall establish
before their departure a complete list of all internees transferred. 536
10.30.3 Procedures for the Transfer of Internees. In the event of transfer, internees shall
be officially advised of their departure and of their new postal address. 537 Such notification shall
be given in time for them to pack their luggage and inform their next of kin. 538
10.30.3.1 Baggage. Internees shall be allowed to take with them their personal
effects, and the correspondence and parcels that have arrived for them. 539 The weight of such
baggage may be limited if the conditions of transfer so require, but in no case may be limited to
less than 25 kilograms (approximately 55 pounds) per internee. 540
10.30.3.2 Forwarding of Mail. Mail and parcels addressed to their former place
of internment shall be forwarded to internees without delay. 541
10.30.3.3 Disposition of Community Property and Remaining Property. The
commandant of the place of internment shall take, in agreement with the Internee Committee,
any measures needed to ensure the transport of the internees community property and of the

534

GC COMMENTARY 499 (It is stated expressly that transfers on foot are only permissible in exceptional cases and
if the internees are in a fit state of health. It is not the physical fitness of the majority of the internees which is to
decide whether the transfer will be made on foot or not. The fitness of each individual must be considered and those
who cannot walk must be taken in some sort of transport.).
535

GC art. 127 (The Detaining Power shall supply internees during transfer with drinking water and food sufficient
in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate
shelter and the necessary medical attention.).
536

GC art. 127 (The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and
shall establish before their departure a complete list of all internees transferred.).
537

GC art. 128 (In the event of transfer, internees shall be officially advised of their departure and of their new
postal address.).
538

GC art. 128 (Such notification shall be given in time for them to pack their luggage and inform their next of
kin.).
539

GC art. 128 (They shall be allowed to take with them their personal effects, and the correspondence and parcels
which have arrived for them.).
540

GC art. 128 (The weight of such baggage may be limited if the conditions of transfer so require, but in no case
to less than twenty-five kilograms per internee.).
541

GC art. 128 (Mail and parcels addressed to their former place of internment shall be forwarded to them without
delay.).

719

luggage the internees are unable to take with them in consequence of restrictions that may be
imposed on baggage that internees may take with them. 542
10.31 NATIONAL ACCOUNTING FOR PROTECTED PERSONS IN ITS POWER
A proper accounting of the detention or assigned residence of protected persons is an
important responsibility of States in relation to protected persons in their power. In order to
provide as full an accounting as possible, and in order to minimize misidentification, a State
must obtain detailed information about certain protected persons in its power for forwarding
through its National Protected Person Information Bureau to the Central Information Agency for
protected persons.
10.31.1 Accountability Information That Parties to a Conflict Should Collect. Each of
the parties to the conflict shall, within the shortest possible period, give its National Protected
Person Information Bureau information of any measure taken by it concerning any protected
persons who are: (1) kept in custody for more than two weeks; (2) subjected to assigned
residence; or (3) interned. 543
The information received by the National Protected Person Information Bureau and
transmitted by it shall be of such a character as to make it possible to identify the protected
person exactly and to advise his or her next of kin quickly. 544 The information in respect of each
person shall include at least:

surname (i.e., last name) and first names (i.e., first and middle names);

place and date of birth;

nationality;

last residence;

any distinguishing characteristics;

first name of the father and the maiden name of the mother;

the date, place, and nature of the action taken with regard to the individual;

the address at which correspondence may be sent to him or her; and

542

GC art. 128 (The commandant of the place of internment shall take, in agreement with the Internee Committee,
any measures needed to ensure the transport of the internees community property and of the luggage the internees
are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph.).
543

GC art. 136 (Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau
information of any measure taken by it concerning any protected persons who are kept in custody for more than two
weeks, who are subjected to assigned residence or who are interned.).
544

GC art. 138 (The information received by the national Bureau and transmitted by it shall be of such a character
as to make it possible to identify the protected person exactly and to advise his next of kin quickly.).

720

the name and address of the person designated by the protected person to be informed of
information concerning him or her. 545

In addition to this information, information regarding all changes pertaining to these

protected persons, such as transfers, releases, repatriations, escapes, admittances to hospitals,
births, and deaths, shall also be collected and transmitted. 546
In addition to admittances to hospitals, information regarding the state of health of
internees who are seriously ill or seriously wounded must be supplied to the National Protected
Person Information Bureau regularly and, if possible, every week. 547
In addition to notices of death, copies of records of death of internees shall be forwarded
in accordance with Article 129 of the GC. 548 Lists of graves of deceased internees shall be
forwarded, as soon as circumstances permit, in accordance with Article 130 of the GC. 549
10.31.2 National Protected Person Information Bureau. Upon the outbreak of an
international armed conflict and in all cases of occupation of the territory of one State by another
State, each of the parties to the conflict shall establish an official National Protected Person
Information Bureau responsible for receiving and transmitting information in respect of the
protected persons who are in its power. 550 The State has discretion about the nature,
composition, and working methods of the National Protected Person Information Bureau. 551

545

GC art. 138 (The information in respect of each person shall include at least his surname, first names, place and
date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden
name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which
correspondence may be sent to him and the name and address of the person to be informed.).
546

GC art. 136 (It shall, furthermore, require its various departments concerned with such matters to provide the
aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for
example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.).

547

GC art. 138 (Likewise, information regarding the state of health of internees who are seriously ill or seriously
wounded shall be supplied regularly and if possible every week.).
548

Refer to 10.34.2 (Death Certificates).

549

Refer to 10.34.4 (Maintenance and Records of Graves and Ashes).

550

GC art. 136 (Upon the outbreak of a confict and in all cases of occupation, each of the Parties to the conflict
shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the
protected persons who are in its power.).
551

GC COMMENTARY 523 ([Paragraph 1 of Article 136 of the GC] does not state in detail the nature, composition
and working methods of the Bureau, all these matters being left to the free decision of each Party, nor does it state
what authority will be responsible for establishing and conducting the Bureau. During the Second World War,
the Bureaux which had the task of transmitting information concerning civilian internees to the Central Agency were
varied in nature and origin. In some cases, they were the same as the Bureaux responsible for prisoners of war; in
others, they were established by the National Red Cross Society; most often, however, they depended directly on
government authorities, such as the Ministry of the Interior or the Ministry of Security.).

721

All communications in writing made by any National Protected Person Information

Bureau shall be authenticated by a signature or a seal. 552
The National Protected Person Information Bureau: (1) receives and forwards certain
information to the Powers concerned, through the intermediary of the Protecting Powers and the
Central Information Agency for protected persons; (2) replies to inquiries; (3) withholds certain
information from the Powers concerned, but not the Central Information Agency for protected
persons, in the interest of protected persons or their relatives; (4) collects personal valuables left
by certain protected persons; and (5) in occupied territory, has a special section that is
responsible for identifying children whose identity is in doubt.
10.31.2.1 Receiving and Forwarding Certain Information. The National
Protected Person Information Bureau receives certain information regarding protected persons
from other departments of the State to which it belongs. 553
Each National Protected Person Information Bureau shall immediately forward
information concerning protected persons by the most rapid means to the Powers of whom these
persons are nationals, or to Powers in whose territory they resided, through the intermediary of
the Protecting Powers and likewise through the Central Information Agency for protected
persons. 554
10.31.2.2 Replying to Inquiries Regarding Protected Persons. The National
Protected Person Information Bureau shall also reply to all inquiries that may be received
regarding protected persons. 555 Responses to inquiries must be made consistent with the
protection of protected persons against insults and public curiosity. 556
10.31.2.3 Withholding of Information When Detrimental to the Person or His or
Her Relatives. The National Protected Person Information Bureau shall transmit information
concerning a protected person unless its transmission might be detrimental to the person
concerned or to his or her relatives. 557 Even in such a case, the information may not be withheld
552

GC art. 137 (All communications in writing made by any Bureau shall be authenticated by a signature or a
seal.).
553

GC art. 136 (Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau
information of any measure taken by it concerning any protected persons who are kept in custody for more than two
weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various
departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all
changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances
to hospitals, births and deaths.).
554

GC art. 137 (Each national Bureau shall immediately forward information concerning protected persons by the
most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they
resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in
Article 140.).
555

GC art. 137 (The Bureaux shall also reply to all enquiries which may be received regarding protected persons.).

556

Refer to 10.5.2 (Protection Against Insults and Public Curiosity).

557

GC art. 137 (Information Bureaux shall transmit information concerning a protected person unless its
transmission might be detrimental to the person concerned or to his or her relatives.).

722

from the Central Information Agency for protected persons, which, upon being notified of the
circumstances, will take the necessary precautions indicated in Article 140 of the GC. 558 This
rule seeks to protect persons who have fled persecution from their home governments, as well as
the family members of such persons. 559
10.31.2.4 Collection of Personal Valuables Left by Protected Persons. Each
National Protected Person Information Bureau shall be responsible for collecting all personal
valuables left by protected persons mentioned in Article 136 of the GC, in particular those who
have been repatriated or released, or who have escaped or died. 560 The National Protected
Person Information Bureau shall forward these valuables to those concerned, either directly or, if
necessary, through the Central Information Agency for protected persons. 561 Personal valuables
may include wills, articles of sentimental value, or sums of money. 562 Such articles shall be sent
by the National Protected Person Information Bureau in sealed packets, which shall be
accompanied by statements giving clear and full identity particulars of the person to whom the
articles belonged, and by a complete list of the contents of the parcel. 563 Detailed records shall
be maintained of the receipt and sending of all such valuables. 564

558

GC art. 137 (Even in such a case, the information may not be withheld from the Central Agency which, upon
being notified of the circumstances, will take the necessary precautions indicated in Article 140.).
559

GC COMMENTARY 531 (This paragraph contains a provision not included in the Third Convention. It seeks to
protect civilians in enemy hands and particularly their families in their country of origin, against the authorities of
that country if they should have any reason for particular animosity towards them. This exceptional provision is
based on the confused situations which occurred during the First World War. Civilians who have fled from
persecution generally have an interest in remaining unknown to the authorities of their former country. They must
therefore judge for themselves the expediency of notification to the authorities, even in the case of the forwarding of
information to members of their family.).
560

GC art. 139 (Each national Information Bureau shall, furthermore, be responsible for collecting all personal
valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or
released, or who have escaped or died;).
561

GC art. 139 ([I]t shall forward the said valuables to those concerned, either direct, or, if necessary, through the
Central Agency.).
562

GC COMMENTARY 538 (The term personal valuables should be understood to mean all the articles which
belonged to the person who is no longer there--whether he has been repatriated or has died--which are of any
commercial worth or sentimental value. It must always be remembered that an article of absolutely no intrinsic
worth may often have very great sentimental value for the next of kin of the deceased person. In practice, therefore,
almost all the articles found on the spot will be collected and forwarded. The corresponding provision of the Third
Convention (Article 122, paragraph 9) adds to the expression personal valuables the words including sums in
currencies other than that of the Detaining Power and documents of importance to the next of kin. This expression
has not been retained in the Fourth Convention mainIy because it was considered that the term valuables covered
sums of money and that since the value of papers could be judged only by the next of kin, they should be forwarded
to those persons, particularly if they seemed to be of a legal nature. It will be for the Detaining Power to decide
what foreign currency may be sent if any. Among the documents which should be carefully kept are wills, which
are particularly important.).
563

GC art. 139 (Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by
statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete
list of the contents of the parcel.).
564

GC art. 139 (Detailed records shall be maintained of the receipt and despatch of all such valuables.).

723

10.31.2.5 Special Section for the Identification of Children in Occupied Territory.

In occupation, a special section of the National Protected Person Information Bureau shall be
responsible for taking all necessary steps to identify children whose identity is in doubt. 565
Particulars of their parents or other near relatives should always be recorded if available. 566
10.31.3 Central Information Agency for Protected Persons. A Central Information
Agency for protected persons, in particular for internees, shall be created in a neutral country. 567
This agency may be the same as that provided for in Article 123 of the GPW. 568
The function of the Central Information Agency for protected persons shall be to collect
all information of the type set forth in Article 136 of the GC, which it may obtain through
official or private channels, and to transmit it as rapidly as possible to the countries of origin or
of residence of the persons concerned, except in cases where such transmissions might be
detrimental to the persons whom this information concerns, or to their relatives. 569 The Central
Information Agency for protected persons shall receive from the parties to the conflict all
reasonable facilities for effecting such transmissions. 570 Parties to the GC, and in particular
those States whose nationals benefit from the services of the Central Information Agency for
protected persons, are requested to give the Central Information Agency for protected persons
the financial aid it may require. 571
The provisions of the GC establishing the Central Information Agency for protected
persons do not restrict the humanitarian activities of the ICRC and of the relief societies
described in Article 142 of the GC. 572
The GC contemplates that the ICRC shall, if it deems necessary, propose to the Powers
concerned the organization of a Central Information Agency for protected persons. 573 In fact, the

565

GC art. 50 (A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking
all necessary steps to identify children whose identity is in doubt.).
566

GC art. 50 (Particulars of their parents or other near relatives should always be recorded if available.).

567
GC art. 140 (A Central Information Agency for protected persons, in particular for internees, 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, which may be the same as that provided for in Article 123 of the
Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.).
568

Refer to 9.31.3 (Central POW Information Agency).

569

GC art. 140 (The function of the Agency shall be to collect all information of the type set forth in Article 136
which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of
origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to
the persons whom the said information concerns, or to their relatives.).
570

GC art. 140 (It shall receive from the Parties to the conflict all reasonable facilities for effecting such
transmissions.).
571

GC art. 140 (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.).
572

GC art. 140 (The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of
the International Committee of the Red Cross and of the relief societies described in Article 142.).

724

role of the Central Information Agency for protected persons has been performed in many
conflicts by the ICRC Central Tracing Agency, which has also performed this role for POWs. 574
10.31.4 U.S. Practice in Reporting to the ICRC Central Tracing Agency. For the United
States, the functions of the National Protected Person Information Bureau have been performed
by the same entity that performs the functions of the National POW Information Bureau: the
National Prisoner of War Information Center or the National Detainee Reporting Center. 575 This
organization has provided information to the ICRC Central Tracing Agency, acting as the
Central Information Agency for protected persons under the GC.
10.31.5 Exemption of National Protected Person Information Bureau and Central
Information Agency for Protected Persons From Certain Charges. The National Protected
Person Information Bureau and the Central Information Agency for protected persons shall enjoy
free postage for mail, all the exemptions provided for in Article 110 of the GC, 576 and, further, so
far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 577
The National Protected Person Information Bureau and the Central Information Agency
for protected persons shall also enjoy exemption from postal charges in respect of letter-post
items, postal parcels, and monetary articles that concern internees, which they send or receive,
either directly or as intermediaries, under the conditions laid down in the Universal Postal
Convention. 578 Such items exempt from postal charges should be marked appropriately. 579
10.32 ROLE OF THE PROTECTING POWER IN THE GC
The Protecting Power is an organ for ensuring implementation of the GC. The Protecting
Power has extensive duties under the GC. It transmits information between belligerents,
573

GC art. 140 (The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers
concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the
Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.).
574

Refer to 9.31.3 (Central POW Information Agency).

575

Refer to 9.31.4 (U.S. Practice in Reporting to the ICRC Central Tracing Agency).

576

Refer to 10.23.4 (Exemption From Postal and Shipping Charges for Shipments To and From Internees).

577

GC art. 141 (The national Information Bureaux and the Central Information Agency shall enjoy free postage for
all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from
telegraphic charges or, at least, greatly reduced rates.).
578

Universal Postal Convention, art. 17(3), Dec. 14, 1989, 1687 UNTS 241, 252 (The national Information
Bureaux and the Central Information Agencies mentioned above shall also enjoy exemption from postal charges in
respect of letter-post items, postal parcels and monetary articles which concern the persons referred to in paragraphs
1 and 2, which they send or receive, either direct or as intermediaries, under the conditions laid down in those
paragraphs.). Consider Letter Post Regulations, Article RL 111 to Article 7 of the Universal Postal Convention of
Oct. 11, 2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL,
page C.10, C.10-11 (Berne 2013, Update 2 Jan. 2015) (The following shall enjoy exemption from postal charges
within the meaning of article 7.2 of the Convention: 1.3 the Information Bureaux provided for in article 136 of
the Geneva Convention of 12 August 1949 relative to the protection of civilian persons in time of war; 1.4 the
Central Information Agency provided for in article 140 of the latter Convention.).
579

Refer to 10.23.4.3 (Exemption From Postal Charges Under the Universal Postal Convention).

725

monitors compliance with the GC, and takes an active role in promoting the welfare of protected
persons.
10.32.1 Transmission of Information Between Belligerents. The Protecting Power helps
transmit information between belligerents, including:

useful information regarding the geographic location of places of internment; 580

accountability information concerning measures that States have taken with respect to
protected persons in their power; 581

legal documents of internees; 582

copies of the records of the death of internees; 583

notification of measures taken by the Detaining Powers, immediately upon interning

protected persons, for executing the provisions of the GC that address relations between
internees and the exterior; 584 and

official translations of the GC and of laws and regulations that parties to the conflict have
adopted to implement it. 585

10.32.2 Monitoring or Inspecting Compliance With the GC. The Protecting Power
monitors or inspects the Detaining Powers compliance with the GC, including by:

visiting places where protected persons are and interviewing them; 586

receiving petitions and complaints from internees and periodic reports from the Internee
Committees; 587

communicating with members of the Internee Committees and receiving the reasons for
any refusal or dismissal of a member of an Internee Committee; 588

580

Refer to 10.11.1.2 (Sharing Information on the Location of Places of Internment).

581

Refer to 10.31 (National Accounting for Protected Persons in Its Power).

582

Refer to 10.24.2 (Legal Documents and Assistance).

583

Refer to 10.34.2 (Death Certificates).

584

Refer to 10.2.2.2 (Notification of Measures Taken for Implementing GC Provisions That Address Relations
Between Internees and the Exterior).
585

GC art. 145 (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.).
586

Refer to 10.33.1 (Access by Protecting Powers).

587

Refer to 10.21.1 (Internee Right to Present Petitions and Complaints); 10.21.3 (Periodic Reports by the
Internee Committees).

726

receiving up-to-date lists of labor detachments so its representatives may visit them; 589

inspecting records of disciplinary punishments maintained by the commandant of the

place of internment; 590

receiving notice if military necessity should require that the quantity of individual parcels
or collective shipments be limited; 591

receiving statements of internee accounts; 592 and

receiving communications and subsequent reports of death or serious injury of an

internee in certain cases. 593

10.32.3 Actively Working to Improve the Welfare of Protected Persons. In other

instances, the GC contemplates that the Protecting Power will actively work to improve the
welfare of protected persons, such as by:

providing internees with allowances; 594

setting up special means of transport to ensure the conveyance of relief shipments to

internees; 595 and

lending its good offices with a view towards settling disagreements as to application or
interpretation of the provisions of the GC between parties to the conflict. 596

10.33 ACCESS TO INTERNEES BY PROTECTING POWERS, ICRC, AND OTHER RELIEF

ORGANIZATIONS
10.33.1 Access by Protecting Powers. Representatives or delegates of the Protecting
Powers shall have permission to go to all places where protected persons are, particularly to
places of internment, detention, and work. 597 They shall have access to all premises occupied by
protected persons and shall be able to interview the latter without witnesses, personally or

588

Refer to 10.22.1.1 (Approval of Internee Committee Members by the Detaining Authorities).

589

Refer to 10.17.5 (Labor Detachments of Internees).

590

Refer to 10.28.4 (Record of Disciplinary Punishments).

591

Refer to 10.23.3 (Receipt of Individual and Collective Relief Shipments for Internees).

592

Refer to 10.19.3.2 (Account Statement).

593

Refer to 10.34.5 (Inquiries Into Death or Serious Injury of Internees in Certain Cases).

594

Refer to 10.19.2 (Internee Allowances).

595

Refer to 10.23.5 (Special Means of Transport of Shipments to Internees).

596

Refer to 18.15.4 (Lending of Good Offices to Assist in Dispute Resolution).

597

GC art. 143 (Representatives or delegates of the Protecting Powers shall have permission to go to all places
where protected persons are, particularly to places of internment, detention and work.).

727

through an interpreter. 598 Such visits may not be prohibited except for reasons of imperative
military necessity, and then only as an exceptional and temporary measure. 599 Their duration
and frequency must not be restricted. 600
Such representatives and delegates shall have full liberty to select the places they wish to
visit. 601
10.33.1.1 Participation of Compatriots of Internees in Visits. The Detaining or
Occupying Power, the Protecting Power, and, when the occasion arises, the Power of origin of
the persons to be visited, may agree that compatriots of the internees shall be permitted to
participate in the visits. 602
10.33.1.2 ICRC Delegates Enjoying the Same Prerogatives of Access. The
delegates of the ICRC shall also enjoy the prerogatives as those of the representatives and
delegates of the Protecting Powers described in Article 143 of the GC. 603
The appointment of such delegates shall be submitted to the approval of the Power
governing the territories where they will carry out their duties. 604
10.33.2 Access by Relief Societies and Other Organizations. Subject to the measures that
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
organizations assisting the protected persons shall receive from these Powers all facilities for
visiting the protected persons; for distributing relief supplies and material from any source
intended for educational, recreational, or religious purposes; or for assisting them in organizing
their leisure time within the places of internment. 605 Such societies or organizations may be

598

GC art. 143 (They shall have access to all premises occupied by protected persons and shall be able to interview
the latter without witnesses, personally or through an interpreter.).
599

GC art. 143 (Such visits may not be prohibited except for reasons of imperative military necessity, and then only
as an exceptional and temporary measure.).
600

GC art. 143 (Their duration and frequency shall not be restricted.).

601

GC art. 143 (Such representatives and delegates shall have full liberty to select the places they wish to visit.).

602

GC art. 143 (The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of
origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the
visits.).
603

GC art. 143 (The delegates of the International Committee of the Red Cross shall also enjoy the above
prerogatives.).
604

GC art. 143 (The appointment of such delegates shall be submitted to the approval of the Power governing the
territories where they will carry out their duties.).
605

GC art. 142 (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
organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly
accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from
any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their
leisure time within the places of internment.).

728

constituted in occupied territory, in the territory of the Detaining Power, or in any other country,
or they may have an international character. 606
10.33.2.1 Limitations on the Number of Relief Organizations. 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 supply of effective and adequate relief to all protected persons. 607
The special position of the ICRC in this field shall be recognized and respected at all times. 608
10.34 DEATH OF INTERNEES
10.34.1 Transmittal of Wills. The Detaining Power has an obligation to help internees
with their wills, such as by receiving them for safe-keeping. 609 In the event of the death of an
internee, his or her will shall be transmitted without delay to a person whom he or she has
previously designated. 610
10.34.2 Death Certificates. Deaths of internees shall be certified in every case by a
doctor, and a death certificate shall be made out, showing the causes of death and the conditions
under which it occurred. 611
An official record of the death, duly registered, shall be drawn up in accordance with the
procedure relating thereto in force in the territory where the place of internment is situated, and a
duly certified copy of such record shall be transmitted without delay to the Protecting Power and
to the Central Information Agency for protected persons. 612

606

GC art. 142 (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.).
607

GC art. 142 (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 supply of effective and adequate relief to all protected persons.).
608

GC art. 142 (The special position of the International Committee of the Red Cross in this field shall be
recognized and respected at all times.).
609

Refer to 10.24.2 (Legal Documents and Assistance).

610

GC art. 129 ([I]n the event of the death of an internee his will shall be transmitted without delay to a person
whom he has previously designated.).
611

GC art. 129 (Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be
made out, showing the causes of death and the conditions under which it occurred.).
612

GC art. 129 (An official record of the death, duly registered, shall be drawn up in accordance with the procedure
relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such
record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in
Article 140.).

729

10.34.3 Burial or Cremation and Inurnment. The detaining authorities shall ensure that
internees who die while interned are honorably buried, if possible according to the rites of the
religion to which they belonged. 613
Deceased internees shall be buried in individual graves unless unavoidable circumstances
require the use of collective graves. 614 For example, an epidemic or military operations may
require the Detaining Power to undertake collective burials in the interest of public health
because individual graves are not possible due to lack of time and resources. 615
10.34.3.1 Cremation. Bodies of internees may be cremated only for imperative
reasons of hygiene, on account of the religion of the deceased, or in accordance with his or her
expressed wish to this effect. 616 In case of cremation, the fact shall be stated and the reasons
given in the death certificate of the deceased. 617 The ashes shall be retained for safe-keeping by
the detaining authorities and shall be transferred as soon as possible to the next of kin on their
request. 618
10.34.4 Maintenance and Records of Graves and Ashes. The detaining authorities shall
ensure that the graves of internees who die while interned are respected, properly maintained,
and marked in such a way that they can always be recognized. 619 Ideally, the markings on the
graves should contain at least the surname, first name, and date of birth of the dead person in
detail and in a durable fashion. 620
As soon as circumstances permit, and not later than the close of hostilities, the Detaining
Power shall forward lists of graves of deceased internees to the Powers on whom the deceased
613

GC art. 130 (The detaining authorities shall ensure that internees who die while interned are honourably buried,
if possible according to the rites of the religion to which they belonged, .).
614

GC art. 130 (Deceased internees shall be buried in individual graves unless unavoidable circumstances require
the use of collective graves.).
615

GC COMMENTARY 507 (However desirable it may be to have individual graves properly marked, advocated as
the general practice by the Convention, the Article does allow of exceptions. These would be valid for reasons of
force majeure, during an epidemic, for example, if the death of an excessively large number of persons created a
danger of infection which did not allow time for the digging of individual graves, or again if warlike operations
obliged the Detaining Power to retreat and before retreating and from lack of time it undertook collective burials in
the interests of public health.).

616

GC art. 130 (Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the
deceased or in accordance with his expressed wish to this effect.).
617

GC art. 130 (In case of cremation, the fact shall be stated and the reasons given in the death certificate of the
deceased.).
618

GC art. 130 (The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as
soon as possible to the next of kin on their request.).
619

GC art. 130 (The detaining authorities shall ensure that their graves are respected, properly maintained, and
marked in such a way that they can always be recognized.).
620

GC COMMENTARY 506-07 (The Convention does not state how graves should be marked. The practice of
placing individual markings on the grave showing the surname, first name and date of birth of the dead person in
detail and in a durable fashion, is, however, particularly to be recommended to belligerents wishing to fulfill their
obligations. The same applies to ashes in the case of cremation, as mentioned in the following paragraph.).

730

internees depended, through the National Protected Person Information Bureau. 621 Such lists
shall include all particulars necessary for the identification of the deceased internees, as well as
the exact location of their graves. 622
10.34.5 Inquiries Into Death or Serious Injury of Internees in Certain Cases. Every death
or serious injury of an internee, caused or suspected to have been caused by a sentry, another
internee, or any other person, as well as any death the cause of which is unknown, shall be
immediately followed by an official inquiry by the Detaining Power. 623 A communication on
this subject shall be sent immediately to the Protecting Power. 624
Serious injury, in many cases, may be understood to mean a wound that requires inpatient treatment at a hospital or infirmary. 625
The evidence of any witnesses shall be taken, and a report including such evidence shall
be prepared and forwarded to the Protecting Power. 626
If the inquiry indicates the guilt of one or more persons, the Detaining Power shall take
all necessary steps to ensure the prosecution of the person or persons responsible. 627 For
example, depending on the circumstances, prosecutions could take place in the civil or military
courts of the Detaining Power or in accordance with the laws in force in the territory where they
happen to be interned. 628

621

GC art. 130 (As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power
shall forward lists of graves of deceased internees to the Powers on whom the deceased internees depended, through
the Information Bureaux provided for in Article 136.).
622

GC art. 130 (Such lists shall include all particulars necessary for the identification of the deceased internees, as
well as the exact location of their graves.).
623

GC art. 131 (Every death or serious injury of an internee, caused or suspected to have been caused by a sentry,
another internee 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.).
624

GC art. 131 (A communication on this subject shall be sent immediately to the Protecting Power.).

625

GC COMMENTARY 509 (What is meant by serious injury? During the discussion of the corresponding text
concerning prisoners of war, one delegation suggested that it should be made clear that what was referred to was a
wound as a result of which a prisoner required in-patient treatment in a hospital or an infirmary. This definition was
considered too rigid and was therefore not inserted in the Convention, but it could usefully be adopted in most
cases.). Compare 9.34.5 (Inquiries Into Death or Serious Injury of POWs in Certain Cases).

626

GC art. 131 (The evidence of any witnesses shall be taken, and a report including such evidence shall be
prepared and forwarded to the said Protecting Power.).
627

GC art. 131 (If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
necessary steps to ensure the prosecution of the person or persons responsible.).
628

GC COMMENTARY 510 (If the enquiry leads to responsibility being laid at the door of one or more persons,
whoever they may be, they must be prosecuted before a court of law. If they are nationals of the Detaining Power,
that Power will not be able to exempt them from prosecution before its own civil or military courts. In the case of
internees, they will be prosecuted in accordance with the laws in force in the teritory [sic] where they happen to be
(Article 117, paragraph 1).).

731

10.35 RELEASE, RETURN, REPATRIATION OF INTERNEES AFTER THE CLOSE OF HOSTILITIES

10.35.1 Cessation of Internment After the Close of Hostilities. Internment shall cease as
soon as possible after the close of hostilities. 629 The GC, however, does not preclude internment
after the close of hostilities. 630 For example, internment may be necessary during occupation
after hostilities have ended.
10.35.1.1 Close of Hostilities. The phrase close of hostilities should be
understood in the same sense as the phrase cessation of active hostilities in the GPW. 631
10.35.1.2 Internees Subject to Penal Proceedings or Punishment. Internees in the
territory of a party to the conflict, against whom penal proceedings are pending for offenses not
exclusively subject to disciplinary penalties, may be detained until the close of such proceedings
and, if circumstances require, until the completion of the penalty. 632 The same shall apply to
internees who have been previously sentenced to a punishment depriving them of liberty. 633
10.35.2 Return to the Last Place of Residence or Repatriation. The Parties to the GC
shall endeavor, upon the close of hostilities or occupation, to ensure the return of all internees to
their last place of residence, or to facilitate their repatriation. 634
10.35.2.1 Internees Who Resist Repatriation. Internees who resist repatriation
need not be forcibly repatriated. 635 A similar rule applies to POWs. 636 U.S. policy provides that

629

GC art. 133 (Internment shall cease as soon as possible after the close of hostilities.).

630

See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 844 (The only change effected
in the Stockholm text is the deletion of the words and, in occupied territories, at the close of occupation in the first
paragraph. The reason for the deletion was that the close of occupation necessarily means that internment by the
Occupying Power comes to an end. The Committee did not accept the view that the retention of the remainder of
the paragraph, i.e. the phrase Internment shall cease as soon as possible after the close of hostilities bore the
implication that no person could be interned after the close of hostilities.).

631

GC COMMENTARY 514-15 (The expression the close of hostilities should be taken to mean a state of fact rather
than the legal situation covered by laws or decrees fixing the date of cessation of hostilities. The similar provision
concerning prisoners of war speaks of the cessation of active hostilities and the wording of the paragraph here
should be understood in the same sense.). Refer to 9.37.2 (Cessation of Active Hostilities).
632

GC art. 133 (Internees in the territory of a Party to the conflict, against whom penal proceedings are pending for
offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if
circumstances require, until the completion of the penalty.).
633

GC art. 133 (The same shall apply to internees who have been previously sentenced to a punishment depriving
them of liberty.).
634

GC art. 134 (The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure
the return of all internees to their last place of residence, or to facilitate their repatriation.).
635

GC COMMENTARY 519 ([I]t would be contrary to the spirit of the Convention if an internee could be forcibly
repatriated when he feared persecution in his country of origin for his political opinions or his religious beliefs. In
such a case he would become a refugee, obliged to seek a new domicile in a country different from the one in which
he is living.).
636

Refer to 9.37.4.2 (POWs Who Resist Repatriation).

732

no person shall be transferred to another State if it is more likely than not that the person would
be tortured in the receiving country. 637
10.35.3 Committees to Search for Dispersed Internees. By agreement between the
Detaining Power and the Powers concerned, committees may be set up after the close of
hostilities, or after the close of the occupation of territories, to search for dispersed internees. 638
10.35.4 Costs of Returning Internees. The Detaining Power shall bear the expense of
returning released internees to the places where they were residing when interned, or, if it took
them into custody while they were in transit or on the high seas, the cost of completing their
journey or of their return to their point of departure. 639
Where a Detaining Power refuses permission to reside in its territory to a released
internee who previously had his or her permanent domicile there, such Detaining Power shall
pay the cost of this internees repatriation. 640 If, however, the internee elects to return to his or
her country on his or her own responsibility or in obedience to the Government of the Power to
which he or she owes allegiance, the Detaining Power need not pay the expenses of his or her
journey beyond the point of his or her departure from its territory. 641
The Detaining Power need not pay the costs of repatriation of an internee who was
interned at his or her own request. 642
If internees are transferred in accordance with Article 45 of the GC, the transferring and
receiving Powers shall agree on the portion of the above costs to be borne by each. 643
The foregoing discussion shall not prejudice such special agreements as may be
concluded between parties to the conflict concerning the exchange and repatriation of their

637

Refer to 8.14.4.1 (U.S. Policy Prohibiting Transfers in Cases in Which Detainees Would Likely Be Tortured).

638
GC art. 133 (By agreement between the Detaining Power and the Powers concerned, committees may be set up
after the close of hostilities, or of the occupation of territories, to search for dispersed internees.).
639

GPW art. 135 (The Detaining Power shall bear the expense of returning released internees to the places where
they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the
cost of completing their journey or of their return to their point of departure.).
640

GPW art. 135 (Where a Detaining Power refuses permission to reside in its territory to a released internee who
previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internees
repatriation.).
641

GPW art. 135 (If, however, the internee elects to return to his country on his own responsibility or in obedience
to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his
journey beyond the point of his departure from its territory.).
642

GPW art. 135 (The Detaining Power need not pay the costs of repatriation of an internee who was interned at his
own request.).
643

GPW art. 135 (If internees are transferred in accordance with Article 45, the transferring and receiving Powers
shall agree on the portion of the above costs to be borne by each.).

733

nationals in enemy hands. 644

644

GC art. 135 (The foregoing shall not prejudice such special agreements as may be concluded between Parties to
the conflict concerning the exchange and repatriation of their nationals in enemy hands.).

734