Geneva Conventions of 12

August 1949., Convention

(III) relative to the Treatment
of Prisoners of War.
Geneva, 12 August 1949.
Part I : General Provisions
• - Art 1 – Parties to undertake to respect the Convention
• - Art 2 – Provisions to be implemented in peace time as well as in
war
• - Art 3 – In case of armed conflict not of international character
prescribed minimum provisions should be applied
• - Art 4 – Prisoners of war are persons as categorized in the
prescribed list
• - Art 5 – The Convention is applicable to those mentioned in Art 4
from their capture to their release
• - Art 6 – The parties may make additional agreements as regards
prisoners of war. They must not adversely affect existing rights
• - Art 7 – Prisoners of war may not renounce their rights
under this Convention
• - Art 8 – The Convention is to be applied with
cooperation and under the scrutiny of the Protecting
Power
• - Art 9 – The provisions of the Convention constitute no
obstacles to ICRC or other impartial humanitarian
organizations to undertake their tasks
• - Art 10 – The parties may entrust impartial
organizations to perform duties incumbent upon
Protecting Powers
• - Art 11 – In case of disagreement between parties to
the conflict, the Protecting Power shall lend its good
office to settle the disagreement
Part II : General Protection of Prisoners of War
• - Art 12 – Prisoners of war are in the hands of enemy
power and not individual units that captured them
• - Art 13 – Prisoners of war are to be humanely treated
at all times
• - Art 14 – There are entitled to respect of their persons
and honor
• - Art 15 – The Detaining Power shall provide free
medical and health care for the prisoners of war
• - Art 16 – Privileged treatment may be given on
accounts rank, sex, health or professional qualifications.
No distinction to be made on race, religion, nationality or
similar criteria
Part III : Captivity
Section I – Beginning of Captivity
• - Art 17 – Every prisoner of war is bound to give only
his name, rank, birth date, and regimental number
• - Art 18 – Prisoners of war are to be allowed to keep
their personal effects, keep their identity documents at all
times and maintain their badges of rank and nationality
• - Art 19 – The prisoners of war shall be evacuated from
the combat zone as soon as possible after their capture
• - Art 20 – The evacuation of prisoners of war must be
humanely effected
Section II – Internment of Prisoners of War
Chapter I – General Observations
• - Art 21 – The Detaining Power may subject prisoners
of war to internment. They may not be held in close
confinement except for health reasons
• - Art 22 – Prisoners of war may only be interned on
land with guarantee of good hygiene and healthfulness
• - Art 23 – No prisoner of war is to be sent or detained in
dangerous or combat zone. They should be provided
with shelter against bombardment. The camps where
possible are to be marked PW or PG
• - Art 24 – Similar facilities is to be provided at transit or
screening camps
Chapter II - Quarters, Food and Clothing of Prisoners of
War
• - Art 25 – Prisoners of war are to be quartered in
condition as favorable as armed forces of the Detaining
Power. Women are to be quartered separately
• - Art 26 – The basic daily ration and drinking water are
to be of sufficient quantity, quality and variety; and taking
into consideration the prisoners’ habitual diet
• - Art 27 – Clothing, underwear and footwear shall be
supplied in sufficient quantity. Appropriate work clothing
must be provided if they are required to do work.
• - Art 28 – Canteens shall be installed in camps. The
tariff must not be higher than the local market
Chapter III – Hygiene and Medical Attention
• - Art 29 – The Detaining Power are to take sanitary measures
necessary to maintain cleanliness and healthfulness. Separate
facilities are to be provided for women
• - Art 30 – Every camp must have adequate infirmary for prisoners
to receive medical treatment. Prisoners are not to be prohibited from
seeking medical examinations. Cost of the facilities are to be borne
by Detaining Power
• - Art 31 – Medical inspection on prisoners of war must be
conducted at least once a month
• - Art 32 – Prisoners of war who are qualified medical personnel may
be required to perform medical duties. They will still be prisoners of
war but will be accorded treatment as per given to medical
personnel
Chapter IV – Medical Personnel and
Chaplains Retained to Assist Prisoners of
War
• - Art 33 – Medical personnel and
chaplains while retained for their
professional purpose shall not be
considered as prisoners of war
Chapter V – Religious, Intellectual and Physical Activities
• - Art 34 – Prisoners of war are free to practice their religions so
long as they comply with the disciplinary routine of the camp
• - Art 35 – Chaplains retained or remained under enemy Power
shall be allowed to exercise their ministry with a view to assisting
prisoners of war
• - Art 36 – Prisoners of war who are ministers of religion but not
officially appointed in their armed forces as chaplains are free
perform their tasks. They shall be treated as other chaplains
• - Art 37 – In the absence of retained chaplains, prisoner of war
minister or qualified layman the Detaining Power at the request of
prisoners must take steps to fill this post
• - Art 38 – The prisoners of war must be encouraged to take part in
recreational and intellectual pursuits
Chapter VI – Discipline
• - Art 39 – Every prisoner of war camp must be commanded by a
commissioned officer. Prisoner of war must salute the officers of the
Detaining Power. Officer prisoners of war must salute only officers
of higher rank and the camp commander
• - Art 40 – The wearing of badges of rank, nationality and
decorations must be permitted
• - Art 41 – A copy of this Convention its annexes and other
agreements must be posted in the camp in the prisoners language.
Regulations and orders must be in language understood by
prisoners
• - Art 42 – the use of weapons against the prisoners are prohibited
and shall constitute extreme measures. They must be preceded by
warnings
Chapter VII – Rank of Prisoners of War
• - Art 43 – At outbreak of hostilities parties are to
communicate the titles and ranks of their armed forces to
facilitate proper treatment. Promotions accorded must be
communicated to Detaining Power
• - Art 44 – Officers and prisoners of equivalent status
shall be treated with the regard to their rank and age.
They are to be allowed to administer their mess
• - Art 45 – Prisoners of war other than officers and
prisoners of equivalent status shall be treated with
regard to their rank and age. They are to be allowed to
administer their mess
• - Art 46 – The Detaining Power in transferring
prisoners must take into account the interests,
comfort and well being of the prisoner
• - Art 47 – Sick and wounded prisoner of war
shall not be transferred if it would be detrimental
to their recovery
• - Art 48 – In the event of transfer the prisoners
of war will be officially advise to facilitate their
packing and notification of change of address to
their families. The cost of transfer is to be borne
by Detaining Power
Section III : Labor of Prisoners of War
• - Art 49 – Detaining Power may utilize the labor of
Prisoners of war taking into account their age, sex, rank,
aptitude, fitness and state of health. NCOs are to do
supervisory work. Officers may be given suitable work
but are not compelled to work
• - Art 50 – Beside camp administration, installation or
maintenance prisoners of war may be asked to do the
prescribed listed work
• - Art 51 – Prisoners of war must be granted suitable
working conditions as regards accommodation, food,
clothing and equipment
• - Art 52 – Unless he volunteers prisoners of war may
not be employed on dangerous or unhealthy labor
• - Art 53 – The duration of labor including journey must
not exceed those civilian workers in the district. They
must be allowed minimum of one hour rest daily and one
off day per week and eight off days per year of working
• - Art 54 – The working pay shall be fixed as per
prescribed in Art 62
• - Art 55 – The fitness of prisoners of war must be
verified by medical check-ups at least once a month
• - Art 56 – The organization and administration of labor
detachment shall be similar to that of prisoner of war
camps
• - Art 57 – Treatment of prisoners of war working for
private persons shall not be inferior to which provided for
by the Convention
Section IV : Financial Resources of Prisoners of War
• - Art 58 – On outbreak of hostilities Detaining Power
may determine the amount to be kept by the prisoners.
Excess amount will be kept in their account. Prisoners
are allowed to purchase items or service from outside
the camp with the permission of the camp administrator
• - Art 59 - Cash which was taken from prisoners of war
at the time of their capture, in the currency of the
Detaining Power, shall be placed in separate accounts
• - Art 60 - The Detaining Power shall grant all prisoners
of war a monthly advance of pay at the prescribed rate
according to their ranks. Subject to agreement the
amount may be modified if it is unduly high or might
embarrass the Detaining Power
• - Art 61 – The Detaining Power may accept for
distribution supplementary pay forwarded to the
prisoners by their Depending Power
• - Art 62 – Prisoners must be paid a fair working rate not
less a quarter of a Swiss Franc per day.
• - Art 63 – Prisoners of war are to be permitted to
receive remittances of money individually or collectively
• - Art 64 – The Detaining Power shall hold an account
on each prisoner of war showing the prescribed details
• - Art 65 – Every item entered into prisoner of war
account must be countersigned or initialed by him or his
representative
• - Art 66 – On termination of captivity the Detaining
Power shall give him a statement showing balance due
to him
• - Art 67 – Advances of pay issued in conformity with Art
60 shall be considered as made on behalf of his
Depending Power
• - Art 68 – Any claim in respect of injury or disability
shall be made through his Depending Power through
Protecting Power
Section V : Relations of Prisoners of War With the Exterior
• - Art 69 - When a prisoner is detained, the Detaining
Power shall inform the prisoner’s Detaining Power
through the Protecting Power of the measures taken in
compliance with the Convention
• - Art 70 – Within a week of his capture a prisoner is to
be allowed to write to his family. A card (as sample
given) is also to be forwarded to Central Prisoners of
War Agency to notify his family
• - Art 71 – Prisoners of war are to be allowed to send
letters and cards with the minimum can be set at two
letters and four cards monthly. Section V : Relations of
Prisoners of War With the Exterior
two letters and four cards monthly.
• - Art 72 – Prisoners are allowed to receive parcels by
post or other means
• - Art 73 – In the absence of special agreement the
arrangement for collective relief shipment is to be carried
out as prescribed in the Annex of the Convention
• - Art 74 – All relief shipments are to be exempt from
import, customs and other dues
• - Art 75 – Should military operations hinder the
shipment of items to prisoners of war the Protecting
Power and ICRC or other organizations may undertake
the task
• - Art 76 – The censoring of Prisoners of war
correspondence may only be done once each by the
dispatching state and the receiving state
• - Art 77 – The Detaining Power shall provide facilities
for transmission of papers, document, power of attorney
and wills dispatched by the prisoners
Section VI : Relations between Prisoners of
War and the Authorities
Chapter I : Complaints of Prisoners of War
and the Authorities
- Art 78 – Prisoners have right to inform
the military of the Detaining Power their
requests pertaining their condition in
captivity
Chapter II : Prisoner of War Representatives
• - Art 79 – Except where all prisoners are
officers, prisoners of war shall be free to elect
their representatives by secret ballots every six
months. The representatives are eligible for
reelection.
• - Art 80 – Prisoners of war representatives shall
further the overall well being of the prisoners
• - Art 81 – Prisoners of war representatives shall
not be required to perform other duties if it
hinders the functioning of his tasks
Chapter III : Penal and Disciplinary Sanctions
I. General Provisions
• - Art 82 – Prisoners of war are subject to the
armed forces law of the Detaining Power.
Limited by provisions of the Convention
• - Art 83 – In disciplinary matters the Detaining
Power is to exercise leniency and to apply
disciplinary rather than judicial measures
• - Art 84 – A prisoner of war is to be tried by
military court only and be guaranteed fairness
• - Art 85 – Prisoner of war prosecuted for
offences prior to his capture shall retain the
benefit of his prisoner of war status
• - Art 86 – They cannot be punished twice for
the same offence
• - Art 87 – The sentence meted out must be
similar to those provided for members of the
Detaining Power’s armed forces. Cruel or
inhuman punishments are not permitted
• - Art 88 – Judicial or disciplinary punishment
must not be more severe than normally imposed
on members of Detaining Power armed forces
II. Disciplinary Sanction
• - Art 89 – Disciplinary punishments applicable to
prisoners of war are listed as prescribed. They shall not
be cruel or inhuman
• - Art 90 – Duration of any punishment shall not exceed
thirty days. Period of detention prior to the trial is to be
deducted from the sentence. For execution of
consecutive punishments of ten days or more, a lapse of
two days is to be observed
• - Art 91 – A prisoner is deemed to have escaped if he
has joined the armed forces of his Depending Power or
its ally, left the territory of the Detaining Power or its ally,
or joined the ship of his Depending Power
• - Art 92 – A prisoner who attempts to escape and
captured before he made good his attempt shall be liable
to disciplinary punishment even if it is repeatedly done
• - Art 93 – Escape or attempt to escape shall not be
aggravating factor in judicial proceedings against the
prisoner
• - Art 94 – If an escaped prisoner of war is captured his
depending power shall be informed provided the
notification of his escape has been made
• - Art 95 – A prisoner of war pending his disciplinary
hearing shall not be kept in confinement unless it is
essential to camp order and discipline
• - Art 96 – Disciplinary offences shall be
investigated immediately
• - Art 97 – Prisoners of war shall not be sent to
prison or other institutions to undergo
disciplinary punishment. They shall be
separately accommodated based on their rank
status.
• - Art 98 – Prisoners undergoing confinement as
disciplinary punishment shall not lose benefits of
privileges provided by the Convention and
prerogatives attached to his rank
III. Judicial Proceedings
• - Art 99 – No prisoner of war is to be sentenced for offences not
violating the existing laws of Detaining Power or international law.
They shall not be forced to plead guilty for the offences they were
charged
• - Art 100 – Prisoners of war and the Protecting Power shall be
informed of the offences which are punishable by death
• - Art 101 – If death sentence is pronounced the execution shall be
at least after six month of the Protecting Power being informed
• - Art 102 – A sentence on a prisoner of war is valid if it is carried
out by adopting the same procedure applied to the members of the
Detaining Power armed forces and according to the Convention
• - Art 103 – Judicial investigation and trial for prisoner of war must
be carried out as soon as possible and he shall not be confined
during the period unless the law applied to Detaining Power armed
forces allows it
• - Art 104 – The Detaining Power shall notify the
Protecting Power of the judicial proceeding against the
prisoner three weeks prior to the trial informing them the
prescribed details
• - Art 105 – The prisoner of war is entitled to assistance
in conducting his defence and if necessary an interpreter
• - Art 106 – The prisoner has the right to appeal as
granted to members of the Detaining Power’s members
of the armed forces
• - Art 107 – Sentence and judgment passed on the
prisoner of war shall be immediately notified to the
Protecting Power
• - Art 108 – Sentence passed shall be served in the
same establishment and in the same condition as in the
case of the members of the Detaining Power’s armed
forces
Part IV : Termination of Captivity
Section I : Direct Repatriation and Accommodation in Neutral Countries
• - Art 109 – Parties to the conflict re bound to send back the
seriously wounded prisoners of war unless the prisoners themselves
disagree
• - Art 110 – Prisoners of war shall be repatriated or accommodated
in a neutral country subject to the prescribed conditions
• - Art 111 – The Detaining Power, the prisoners’ Protecting Power
and the neutral Power agreed upon by both parties shall endeavor
to conclude agreements as regards internment of prisoners in the
neutral country
• - Art 112 – At the break of hostilities Mixed Medical Commissions
shall be established to review cases on the sick and wounded. They
shall work in conformity with the Convention
• - Art 113 – Prisoners of war are entitled to be examined
by Mixed Medical Commissions if they fall under the
prescribed category of wounded and sick
• - Art 114 – Prisoners of war who meet with accidents
shall have the benefit of being repatriated or
accommodation in neutral country
• - Art 115 – Prisoners of war on disciplinary punishment
may not be held back for repatriation or accommodation
in neutral country. Those on judiciary punishment may
be release on consent of the Detaining Power
• - Art 116 – The cost of repatriation or transportation to
neutral country shall be borne by the Depending Power
of the prisoners
• - Art 117 – Repatriated prisoners may not be employed
on active military service
• Section II : Release and Repatriation of
Prisoners of War at the Close of Hostilities
• - Art 118 – Prisoners of war shall be
released and repatriated at the end of
active hostilities
• - Art 119 – Repatriation shall be in
condition stipulated by the Convention.
Prisoners shall be allowed to bring along
their personal effects and money
Section III : Death of Prisoners of War
• - Art 120 – Wills of prisoner shall be
drawn and be transmitted to protecting
Power if requested by the prisoner, or on
his death
• - Art 121 – Death or injury of prisoners of
war caused by others shall be investigated
by Detaining Power and the result
communicated to Protecting Power.
Detaining Power shall take measures to
punish the person responsible
Part V : Information Bureaux and Relief Societies for
Prisoners of War
• - Art 122 – Upon the outbreak of the hostilities each
party is to establish and information bureau. Neutral and
non belligerent power may also do the same
• - Art 123 – A Central Prisoner of War Agency shall be
created in neutral country. The ICRC may make this
proposal if necessary
• - Art 124 – The National Information Bureaux and the
Central Prisoner of War Agency shall enjoy free postage
and exemption or reduced rate for telegraphic transfers
• - Art 125 – Subject to essential security measures,
representatives of religious, relief or other organizations
may distribute supplies or materials for prisoners of war
for recreational, religious or educational purposes
Part VI : Execution of the Convention
Section I : General Provisions
• - Art 126 – Representatives of the Protecting
Power has the right to visit prisoners of war,
check their conditions and interview them
without witness. Similar right applies to ICRC
• - Art 127 – Parties to the Convention shall
disseminate the text of the Convention as widely
as possible
• - Art 128 – During hostilities the parties shall
communicate to each other the laws and
regulations they have adopted to ensure the
application of the Convention
• - Art 129 – The parties shall enact legislation to provide
penal sanctions for those committing grave breaches of
the Convention
• - Art 130 – Grave breaches of the Convention include;
killing, torture or inhuman treatment including biological
experiments, causing suffering or bodily injury,
compelling them to serve in the forces of hostile power
and denying them of fair trial
• - Art 131 – No party can absolve itself of any liability
arising from breaches of the above Article
• - Art 132 – An enquiry shall be instituted at the request
of a party to the conflict for alleged violation of the
Convention
• - Art 133 – The Convention is established in
English and French. Both versions are authentic
• - Art 134 – This Convention replaces the
Convention of 1929
• - Art 135 – For parties of Hague 1899 and 1907
Conventions, this Convention shall be
complementary to the Regulations annexed to
Chapter II
• - Art 136 – This Convention is open to
signature until 12 February 1950
• - Art 137 – This Convention shall be ratified as
soon as possible and be deposited at Berne
• - Art 138 – This Convention shall be in force six month
after two ratifications received. It shall be in force for
contracting parties six months after they ratified
• - Art 139 – The Convention is open to all Powers to
accede when it comes into force
• - Art 140 – Accession is to be notified to Swiss Federal
Council and shall take effect six months after it is
received
• - Art 141 – In the event of outbreak of hostilities the
ratifications will take immediate effect
• - Art 142 – Parties are at liberty to denounce the
Convention
• - Art 143 – The Convention shall be deposited at the
Secretariat of the United Nations by the Swiss Federal
Council