Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com GENEVA CONVENTIONS ACT, 1960 6 of 1960 [12th March, 1960] CONTENTS CHAPTER 1 :- PRELIMINARY 1. Registration with the United Nations. 2. Application of the Convention. 3. Conflicts not of an international character. 4. Field of application. 5. Application by Neutral Powers. 6. Special agreements. 7. Non-renunciation of rights. 8. Protecting powers. 9. Activities of the International Committee of the Red Cross. 10. Substitutes for Protecting Powers. 11. Conciliation procedure. CHAPTER 2 :- PU NI S H M E NT OF OFFENDERS AGAINST CONVENTIONS 12. Protection and ure. 13. Protected persons. 14. Handing over to a belligerent. 15. Wounded taken on board a neutral warship. 16. Wounded falling into enemy hands. 17. Wounded tended In a neutral port. 18. Searrch for casulrwa after an engagement. 19. Recording and forwardig of information. 20. Preseription regardig the dead. CHAPTER 3 :- LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS 22. Notification and protection of military hospital ships. 23. Protection of medical establishments ashore. 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. 25. II. Neutral countries. 26. Tonnage. 27. Coastal rescue craft. 28. Protection of sick-bays. 29. Hospital ships in occupied ports. 30. Employment of Hospital ships and small craft. 31. Right of control and search. 32. Stay in a neutral port. 33. Converted merchant vessels. 34. Discontinuance of protection. CHAPTER 4 :- ABUSE OF THE RED CROSS AND OTHER EMBLEMS 36. Protection of the personnel of hospital ships 37. Medical and religious personnel of other ships. CHAPTER 5 :- MISCELLANEOUS 38. Ships used for the conveyance of medical equipment. 39. Medical aircrafts. 40. Flight over neutral countries. Landng of wounded. SCHEDULE 1 :- GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF CHAPTER 1 :- GENERAL PROVISIONS 1. Respect for the Convention 2. Application of the Convention 3. Conflict not of an international character. 4. Application by neutral powers. 5. Duration of application 6. Special agreements 7. Non-renunciatioin of rights. 8. Protecting Powers. 9. Activities of the International Committees of the Red Cross. 10. Substitutes for Protecting Powers. 11. Conciliation procedure. CHAPTER 2 :- WOUNDED AND SICK 12. Protection and care. 13. Protected persons. 14. Status 15. Search for casualties. Evacuation. 16. Recording and forwarding of information 17. Prescriptions regarding the dead. Graves Registration service. 18. Role of the population CHAPTER 3 :- MEDICAL UNITS AND ESTABLISHMENTS 19. Protection 20. Protection of hospital ships 2 1 . Discontinuance of protection of medical establishments and units 22. Conditions not depriving medical units and establishments of protection. 23. Hospital zones and localities. CHAPTER 4 :- PERSONNEL 24. Protection of permanent personnel 25. Protection of auxiliary personnel 26. Personnel of aid societies 27. Societies of neutral countries. 28. Retained personnel 29. Status of auxilliary personnel 30. Return of medical and religious personnel 31. Selection of personnel for return 32. Return of personnel belonging to neutral countries CHAPTER 5 :- BUILDINGS AND MATERIALS 33. Buildings and stores 34. Property of aid societies CHAPTER 6 :- MEDICAL TRANSPORTS 35. Protection 36. Medical aircraft 37. Flight over neutral countries. Landing of wounded. CHAPTER 7 :- THE DISTINCTIVE EMBLEM 38. Emblem of the Convention 39. Use of the emblem. 40. Identification of medical and religions personnel. 41. Identification of auxiliary personnel. 42. Marking of medical units and establishments. 43. Making of units of neutral countries. 44. Restrictions in the use of the emblem, Exceptions. CHAPTER 8 :- EXECUTION OF THE CONVENTION 45. Detailed execution, Unforeseen cases. 46. Prohibition of reprisals. 47. Dissemination of the Convention. 48. Translations, Rules of application. CHAPTER 9 :- REPRESSION OF ABUSES AND INFRACTIONS 49. Penal sanctions, I .General observations. 50. II. Grave breaches. 51. III. Responsibilities of the Contracting parties. 52. Enquiry procedure. 53. Misuse of the emblem. 54. Prevention of misuse. 55. Languages. 56. Signature. 57. Ratification. 58. Coming into force. 59. Relation to previous Conventions. 60. Accession. 61. Notification of accessions. Immediate effect. Notification of accessions. 63. Denunciation. 64. Registration with the United Nations. CHAPTER 1 :- GENERAL PROVISIONS 1. Respect for the Convention 2. Application of the Convention 3. Conflict not of an international character. 4. Application by neutral powers. 5. Duration of application 6. Special agreements 7. Non-renunciatioin of rights. 8. Protecting Powers. 9. Activities of the International Committees of the Red Cross. 10. Substitutes for Protecting Powers. 11. Conciliation procedure. CHAPTER 2 :- WOUNDED AND SICK 12. Protection and care. 13. Protected persons. 14. Status 15. Search for casualties. Evacuation. 16. Recording and forwarding of information 17. Prescriptions regarding the dead. Graves Registration service. 18. Role of the population CHAPTER 3 :- MEDICAL UNITS AND ESTABLISHMENTS 19. Protection 20. Protection of hospital ships 2 1 . Discontinuance of protection of medical establishments and units 22. Conditions not depriving medical units and establishments of protection. 23. Hospital zones and localities. CHAPTER 4 :- PERSONNEL 24. Protection of permanent personnel 25. Protection of auxiliary personnel 26. Personnel of aid societies 27. Societies of neutral countries. 28. Retained personnel 29. Status of auxilliary personnel 30. Return of medical and religious personnel 31. Selection of personnel for return 32. Return of personnel belonging to neutral countries CHAPTER 5 :- BUILDINGS AND MATERIALS 33. Buildings and stores 34. Property of aid societies CHAPTER 6 :- MEDICAL TRANSPORTS 35. Protection 36. Medical aircraft 37. Flight over neutral countries. Landing of wounded. CHAPTER 7 :- THE DISTINCTIVE EMBLEM 38. Emblem of the Convention 39. Use of the emblem. 40. Identification of medical and religions personnel. 41. Identification of auxiliary personnel. 42. Marking of medical units and establishments. 43. Making of units of neutral countries. 44. Restrictions in the use of the emblem, Exceptions. CHAPTER 8 :- EXECUTION OF THE CONVENTION 45. Detailed execution, Unforeseen cases. 46. Prohibition of reprisals. 47. Dissemination of the Convention. 48. Translations, Rules of application. CHAPTER 9 :- REPRESSION OF ABUSES AND INFRACTIONS 49. Penal sanctions, I .General observations. 50. II. Grave breaches. 51. III. Responsibilities of the Contracting parties. 52. Enquiry procedure. 53. Misuse of the emblem. 54. Prevention of misuse. 55. Languages. 56. Signature. 57. Ratification. 58. Coming into force. 59. Relation to previous Conventions. 60. Accession. 61. Notification of accessions. Immediate effect. Notification of accessions. 63. Denunciation. 64. Registration with the United Nations. SCHEDULE 2 :- GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF CHAPTER 1 :- GENERAL PROVISIONS 1. Registration with the United Nations. 2. Application of the Convention. 3. Conflicts not of an international character. 4. Field of application. 5. Application by Neutral Powers. 6. Special agreements. 7. Non-renunciation of rights. 8. Protecting powers. 9. Activities of the International Committee of the Red Cross. 10. Substitutes for Protecting Powers. 11. Conciliation procedure. CHAPTER 2 :- WOUNDED, SICK AND SHIPWRECKED 12. Protection and ure. 13. Protected persons. 14. Handing over to a belligerent. 15. Wounded taken on board a neutral warship. 16. Wounded falling into enemy hands. 17. Wounded tended In a neutral port. 18. Searrch for casulrwa after an engagement. 19. Recording and forwardig of information. 20. Preseription regardig the dead. CHAPTER 3 :- HOSPITAL SHIPS 22. Notification and protection of military hospital ships. 23. Protection of medical establishments ashore. 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. 25. II. Neutral countries. 26. Tonnage. 27. Coastal rescue craft. 28. Protection of sick-bays. 29. Hospital ships in occupied ports. 30. Employment of Hospital ships and small craft. 31. Right of control and search. 32. Stay in a neutral port. 33. Converted merchant vessels. 34. Discontinuance of protection. CHAPTER 4 :- PERSONNEL 36. Protection of the personnel of hospital ships 37. Medical and religious personnel of other ships. CHAPTER 5 :- MEDICAL TRANSPORTS 38. Ships used for the conveyance of medical equipment. 39. Medical aircrafts. 40. Flight over neutral countries. Landng of wounded. CHAPTER 6 :- THE DISTINCTIVE EMBLEM 41. Use of the emblem. 42. Identification of medical and religious personnel. 43. Marking of hospital ships and small craft. 44. Limitation in the use of markings. 45. Prevention of misuse. CHAPTER 7 :- EXECUTION OF THE CONVENTION 46. Detailed execution Unforeseen cases. 47. Prohibition of reprisals. 48. Dissemination of the Convention. 49. Translations, Rules of application. CHAPTER 8 :- REPRESSION OF ABUSES AND INFRACTIONS 50. Penal sanctions. 1. General observations. 51. II. Grave breaches. 52. ID. Responsibilities of the Contracting Parties. 53. Enquiry procedure. 54. Languages 55. Signature. 56. Ratification. 57. Coming into force. 58. Relation to the 1907 Convention. 59. Accession. 60. Notification of accessions. 61. Immediate effect. 62. Denunciation. 63. Registration with the United Nations. CHAPTER 1 :- GENERAL PROVISIONS 1. Registration with the United Nations. 2. Application of the Convention. 3. Conflicts not of an international character. 4. Field of application. 5. Application by Neutral Powers. 6. Special agreements. 7. Non-renunciation of rights. 8. Protecting powers. 9. Activities of the International Committee of the Red Cross. 10. Substitutes for Protecting Powers. 11. Conciliation procedure. CHAPTER 2 :- WOUNDED, SICK AND SHIPWRECKED 12. Protection and ure. 13. Protected persons. 14. Handing over to a belligerent. 15. Wounded taken on board a neutral warship. 16. Wounded falling into enemy hands. 17. Wounded tended In a neutral port. 18. Searrch for casulrwa after an engagement. 19. Recording and forwardig of information. 20. Preseription regardig the dead. CHAPTER 3 :- HOSPITAL SHIPS 22. Notification and protection of military hospital ships. 23. Protection of medical establishments ashore. 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. 25. II. Neutral countries. 26. Tonnage. 27. Coastal rescue craft. 28. Protection of sick-bays. 29. Hospital ships in occupied ports. 30. Employment of Hospital ships and small craft. 31. Right of control and search. 32. Stay in a neutral port. 33. Converted merchant vessels. 34. Discontinuance of protection. CHAPTER 4 :- PERSONNEL 36. Protection of the personnel of hospital ships 37. Medical and religious personnel of other ships. CHAPTER 5 :- MEDICAL TRANSPORTS 38. Ships used for the conveyance of medical equipment. 39. Medical aircrafts. 40. Flight over neutral countries. Landng of wounded. CHAPTER 6 :- THE DISTINCTIVE EMBLEM 41. Use of the emblem. 42. Identification of medical and religious personnel. 43. Marking of hospital ships and small craft. 44. Limitation in the use of markings. 45. Prevention of misuse. CHAPTER 7 :- EXECUTION OF THE CONVENTION 46. Detailed execution Unforeseen cases. 47. Prohibition of reprisals. 48. Dissemination of the Convention. 49. Translations, Rules of application. CHAPTER 8 :- REPRESSION OF ABUSES AND INFRACTIONS 50. Penal sanctions. 1. General observations. 51. II. Grave breaches. 52. ID. Responsibilities of the Contracting Parties. 53. Enquiry procedure. 54. Languages 55. Signature. 56. Ratification. 57. Coming into force. 58. Relation to the 1907 Convention. 59. Accession. 60. Notification of accessions. 61. Immediate effect. 62. Denunciation. 63. Registration with the United Nations. SCHEDULE 3 :- G E N E VA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF PART :- GENERAL PROVISIONS 1. Respect for the Convention. 2. Application of the Convention. 3. Conflict not of an international character. 4. Prisoners of war. 5. Beginning and end of application. 6. Special agreements. 7. Non-renunciation of rights. 8. Protecting Powers. 9. Protecting Powers. 10. Substitutes for Protecting Powers. 11. Conciliation Procedure. PART :- GENERAL PROTECTION OF PRISONERS OF WAR 12. Responsibility for the treatment of prisoners. 13. Humane treatment of prisoners. 14. Respect for the person of prisoners. 15. Maintenance of prisoners. 16. Equality of treatment. PART :- BEGINNING OF CAPTIVITY 17. Questioning of prisoners. 18. Property of prisoners. 19. Evacuation of prisoners. 20. Conditions of evacuation. CHAPTER 1 :- GENERAL OBSERVATIONS 78. Complaints and requests. CHAPTER 2 :- QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- HYGIENE AND MEDICAL ATTENTION 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. CHAPTER 4 :- MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR 33. Rights and privileges of retained personnel. CHAPTER 5 :- RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. 35. Retaining chaplains. 36. Prisoners who are ministers of religion. 37. Prisoners without a minister of their religion. 38. Recreation, study, sports and games. CHAPTER 6 :- DISCIPLINE 39. Administration. 40. Badges and decorations. 4 1 . Posting of the Convention, and of regykatuib and orders concerning prisoners. 42. Use of weapons. CHAPTER 8 :- RANK OF PRISONERS OF WAR 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 8 :- TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 1 :- COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY 78. Complaints and requests. CHAPTER 2 :- PRISONERS OF WAR REPRESENTATIVES 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- 1. General provisions 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. PART :- D I R E C T REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 109. General observations. 110. Cues of repatriation and accommodation. 111. Internment in a neutral country. 112. Mixed Medical Commissions. 1 1 2 . Prisoners entitled to examination by Mixed Medical Commissions. 114. Prisoners meeting with accidents. 115. Prisoners serving a sentence. 116. Cost of repatriation. 117. Activity after repatriation. 118. Release and repatriation. 119. Details of procedure. 120. Wills, death cerficates, burial, cremation. 121. Prisoners killed or injured in special circumstances. PART :- INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR 122. National Bureaux 123. Central Agency. 124. Exemption from charges. 125. Relief societies and other organizations. PART :- GENERAL PROVISIONS 126. Supervision. 127. Dissemination of the Convention. 128. Translations, Rules of application. 129. Penal sanctions. 130. II. Grave breaches. 131. III. Responsibilities of the Contracting Parties. 132. Enquiry procedure. 133. Languages. 134. Relation to the 1929 Convention. 135. Relation to the Hague Convention. 136. Signature. 137. Ratification. 138. Coming into force. 139. Accession. 140. Notification of accession. 141. Immediate effect. 142. Denunciation. 143. Registration with the United Nations. PART :- GENERAL PROVISIONS 1. Respect for the Convention. 2. Application of the Convention. 3. Conflict not of an international character. 4. Prisoners of war. 5. Beginning and end of application. 6. Special agreements. 7. Non-renunciation of rights. 8. Protecting Powers. 9. Protecting Powers. 10. Substitutes for Protecting Powers. 11. Conciliation Procedure. PART :- GENERAL PROTECTION OF PRISONERS OF WAR 12. Responsibility for the treatment of prisoners. 13. Humane treatment of prisoners. 14. Respect for the person of prisoners. 15. Maintenance of prisoners. 16. Equality of treatment. PART :- BEGINNING OF CAPTIVITY 17. Questioning of prisoners. 18. Property of prisoners. 19. Evacuation of prisoners. 20. Conditions of evacuation. CHAPTER 1 :- GENERAL OBSERVATIONS 78. Complaints and requests. CHAPTER 2 :- QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- HYGIENE AND MEDICAL ATTENTION 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. CHAPTER 4 :- MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR 33. Rights and privileges of retained personnel. CHAPTER 5 :- RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. 35. Retaining chaplains. 36. Prisoners who are ministers of religion. 37. Prisoners without a minister of their religion. 38. Recreation, study, sports and games. CHAPTER 6 :- DISCIPLINE 39. Administration. 40. Badges and decorations. 4 1 . Posting of the Convention, and of regykatuib and orders concerning prisoners. 42. Use of weapons. CHAPTER 8 :- RANK OF PRISONERS OF WAR 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 8 :- TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 1 :- COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY 78. Complaints and requests. CHAPTER 2 :- PRISONERS OF WAR REPRESENTATIVES 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- 1. General provisions 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. PART :- D I R E C T REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 109. General observations. 110. Cues of repatriation and accommodation. 111. Internment in a neutral country. 112. Mixed Medical Commissions. 1 1 2 . Prisoners entitled to examination by Mixed Medical Commissions. 114. Prisoners meeting with accidents. 115. Prisoners serving a sentence. 116. Cost of repatriation. 117. Activity after repatriation. 118. Release and repatriation. 119. Details of procedure. 120. Wills, death cerficates, burial, cremation. 121. Prisoners killed or injured in special circumstances. PART :- INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR 122. National Bureaux 123. Central Agency. 124. Exemption from charges. 125. Relief societies and other organizations. PART :- GENERAL PROVISIONS 126. Supervision. 127. Dissemination of the Convention. 128. Translations, Rules of application. 129. Penal sanctions. 130. II. Grave breaches. 131. III. Responsibilities of the Contracting Parties. 132. Enquiry procedure. 133. Languages. 134. Relation to the 1929 Convention. 135. Relation to the Hague Convention. 136. Signature. 137. Ratification. 138. Coming into force. 139. Accession. 140. Notification of accession. 141. Immediate effect. 142. Denunciation. 143. Registration with the United Nations. SCHEDULE 4 :- G E N E VA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF AUGUST 12, 1949 PART :- GENERAL PROVISIONS 1. Respect for the Convention. 2. Application of the Convention. 3. Conflicts not Of an international character. 4. Definition of protected persons. 5. Derogations. 6. Beginning and end of application. 7. special agreements. 8. Non-renunciation of rights. 9. Protecting Powers. 10. Activities of the International Committee of the Red Cross. 11. Substitutes for Protecting Power. 12. Conciliation Procedure PART :- GE NE RAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR 13. Field of application of Part II. 13. Hospital and safety zones and localities. 15. Neutralised zones. 16. Wounded and sick. 17. . 18. . 19. . 20. . 21. . 22. . 23. . 24. Measures relating to child welfare. 25. Family news. 26. Dispersed families. PART :- STATUS AND TREATMENT OF PROTECTED PERSONS 27. Treatment. 28. . 29. . 30. Application to Protecting Powers and relief organizations. 31. Prohibition of coercion. 32. Prohibition of corporal punishment, torture, etc. 33. Individual responsibility, collective penalties, pillage, reprisals. 34. Hostages. 35. Right to leave the territory. 36. Method of repatriation. 37. Persons in confinement 38. Non-repatriated persons. 39. . 40. . 41. . 42. . 43. . 44. . 45. . 46. Cancellation of restrictive measures 47. Inviolability of rights 48. Special cues of repatriation 49. Deportations, transfers, evacuations 50. Children 51. Enlistment Labour 52. Protection of workers 53. Prohibited destruction 54. Judges and public officials 55. Food and medical supplies for the population. 56. Hygiene and public health. 57. Requisition of hospitals 58. Spiritual assistance 59. Relief. 60. . 61. . 62. . 63. National Red Cross and other relief societies 64. Penal legislation. 65. . 66. . 67. . 68. . 69. . 70. . 71. . 72. . 73. . 74. . 75. . 76. . 77. . 78. . CHAPTER 1 :- GENERAL PROVISIONS 78. Complaints and requests. CHAPTER 2 :- PLACES OF INTERNMENT 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- FOOD AND CLOTHING 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. CHAPTER 4 :- HYGIENE AND MEDICAL ATTENTION 33. Rights and privileges of retained personnel. CHAPTER 5 :- RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. 35. Retaining chaplains. 36. Prisoners who are ministers of religion. 37. Prisoners without a minister of their religion. 38. Recreation, study, sports and games. CHAPTER 6 :- PERSONAL PROPERTY AND FINANCIAL RESOURCES 39. Administration. 40. Badges and decorations. 4 1 . Posting of the Convention, and of regykatuib and orders concerning prisoners. 42. Use of weapons. CHAPTER 7 :- ADMINISTRATION AND DISCIPLINE 99. Camp administration, Posting of the Convention and of orders 100. General discipline 101. Complaints and petitions 102. Internee committees. I. Election of members 103. II.Duties 104. III.Prerogative CHAPTER 8 :- RELATIONS WITH THE EXTERIOR 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 9 :- PENAL AND DISCIPLINARY SANCTIONS 117. General provisions. Applicable legislation 118. Penalties 119. Disciplinary punishments 120. Escapes 121. Connected offences 122. Investigation, Confinement awaiting hewing 123. Competent authorities. Procedure 124. Premises for disciplinary punishments 125. Essential safeguards 126. Provisions applicable to judicial proceedings CHAPTER 10 :- TRANSFERS OF INTERNEES 127. Conditions 128. Method CHAPTER 11 :- DEATHS 129. Wills 130. Burial 131. Internees lulled or injured in special circumstances CHAPTER 12 :- RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 132. Internees lulled or injured in special circumstances 133. After the close of hostilities 134. Repatriation and return to last place of residence 135. Costs 136. National Bureaux Transmission of information. 137 138. Particulars required 139. Forwarding of personal valuables 139. Central Agency 141. Exemption from charges PART :- EXECUTION OF THE CONVENTION 142. Relief Societies and other organisations 143. Supervision 144. Dissemination of the Convention 145. Translations Rules of application 145. I. General observations 147. II. Grave breaches 148. III. Responsibilities of the Contracting Parties 149. Enquiry procedure 150. Languages 151. Signature 152. Signature 153. Coming into force 154. Coming into force 155. Accession 156. Notification of accessions 157. Immediate effect 158. Denunciation 159. Registration with the United Nations PART :- GENERAL PROVISIONS 1. Respect for the Convention. 2. Application of the Convention. 3. Conflicts not Of an international character. 4. Definition of protected persons. 5. Derogations. 6. Beginning and end of application. 7. special agreements. 8. Non-renunciation of rights. 9. Protecting Powers. 10. Activities of the International Committee of the Red Cross. 11. Substitutes for Protecting Power. 12. Conciliation Procedure PART :- GE NE RAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR 13. Field of application of Part II. 13. Hospital and safety zones and localities. 15. Neutralised zones. 16. Wounded and sick. 17. . 18. . 19. . 20. . 21. . 22. . 23. . 24. Measures relating to child welfare. 25. Family news. 26. Dispersed families. PART :- STATUS AND TREATMENT OF PROTECTED PERSONS 27. Treatment. 28. . 29. . 30. Application to Protecting Powers and relief organizations. 31. Prohibition of coercion. 32. Prohibition of corporal punishment, torture, etc. 33. Individual responsibility, collective penalties, pillage, reprisals. 34. Hostages. 35. Right to leave the territory. 36. Method of repatriation. 37. Persons in confinement 38. Non-repatriated persons. 39. . 40. . 41. . 42. . 43. . 44. . 45. . 46. Cancellation of restrictive measures 47. Inviolability of rights 48. Special cues of repatriation 49. Deportations, transfers, evacuations 50. Children 51. Enlistment Labour 52. Protection of workers 53. Prohibited destruction 54. Judges and public officials 55. Food and medical supplies for the population. 56. Hygiene and public health. 57. Requisition of hospitals 58. Spiritual assistance 59. Relief. 60. . 61. . 62. . 63. National Red Cross and other relief societies 64. Penal legislation. 65. . 66. . 67. . 68. . 69. . 70. . 71. . 72. . 73. . 74. . 75. . 76. . 77. . 78. . CHAPTER 1 :- GENERAL PROVISIONS 78. Complaints and requests. CHAPTER 2 :- PLACES OF INTERNMENT 79. Election. 80. Duties. 81. Prerogatives. CHAPTER 3 :- FOOD AND CLOTHING 82. Applicable legislation. 83. Choice of disciplinary or judicial proceeding. 84. Courts. 85. Offences committed before capture. 86. Non bis in idem. 87. Penalties. 88. Execution of penalties. 89. General observations. 90. II. Duration of punishments. 91. Escapes. I. Successful escape. 92. II. Unsuccessful escape. 93. III. Connected offences. 94. IV. Notification of recapture. 95. Procedure. I. Confinement awaiting hearing. 96. II. Competent authorities and right of defence. 97. Execution of punishment. 1. Premises. 98. II. Essential safeguads. 99. Essential rules. 100. II. Death penalty. 101. III. Delay in execution of the death penalty. 102. Procedure. I. Conditions for validity of sentence. 103. I I . Confinement awaiting trial (Deduction from sentence, treatment). 104. III. Notification of proceedings. 105. IV. Rights and means of defence. 106. V. Appeals. 107. VI. Notification of findings and sentence. 108. Execution of penalties. Penal regulations. CHAPTER 4 :- HYGIENE AND MEDICAL ATTENTION 33. Rights and privileges of retained personnel. CHAPTER 5 :- RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. 35. Retaining chaplains. 36. Prisoners who are ministers of religion. 37. Prisoners without a minister of their religion. 38. Recreation, study, sports and games. CHAPTER 6 :- PERSONAL PROPERTY AND FINANCIAL RESOURCES 39. Administration. 40. Badges and decorations. 4 1 . Posting of the Convention, and of regykatuib and orders concerning prisoners. 42. Use of weapons. CHAPTER 7 :- ADMINISTRATION AND DISCIPLINE 99. Camp administration, Posting of the Convention and of orders 100. General discipline 101. Complaints and petitions 102. Internee committees. I. Election of members 103. II.Duties 104. III.Prerogative CHAPTER 8 :- RELATIONS WITH THE EXTERIOR 46. Conditions 47. Circumstances precluding transfer. 48. Procedure for transfer. 49. General observations. 50. Authorised work. 51. Working conditions. 52. Dangerous or humiliating labour. 53. Duration of labour. 54. Working pay, occupational acidents and diseases. 55. Medical supervision. 56. Labour detachments. 57. Prisoners working for private employers. 58. Ready money. 59. Amount in cash taken from prisoners. 60. Advances of pay. 61. Supplementary pay. 62. Working pay. 63. Transfer of funds. 64. Prisoners accounts. 65. Management of prisoners accounts. 66. Winding up of accounts. 67. Adjustments between parties to the conflict. 68. Claims for compensation. 69. Notification of measures taken. 70. Capture card. 71. Correspondence. 72. Relief shipments. I. General principles. 73. II. Collective relief. 74. Exemption from postal and transport charges. 74. Special mews of transport. 76. Censorship and examination 77. Preparation, execution and transmission of legal documents. CHAPTER 9 :- PENAL AND DISCIPLINARY SANCTIONS 117. General provisions. Applicable legislation 118. Penalties 119. Disciplinary punishments 120. Escapes 121. Connected offences 122. Investigation, Confinement awaiting hewing 123. Competent authorities. Procedure 124. Premises for disciplinary punishments 125. Essential safeguards 126. Provisions applicable to judicial proceedings CHAPTER 10 :- TRANSFERS OF INTERNEES 127. Conditions 128. Method CHAPTER 11 :- DEATHS 129. Wills 130. Burial 131. Internees lulled or injured in special circumstances CHAPTER 12 :- RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 132. Internees lulled or injured in special circumstances 133. After the close of hostilities 134. Repatriation and return to last place of residence 135. Costs 136. National Bureaux Transmission of information. 137 138. Particulars required 139. Forwarding of personal valuables 139. Central Agency 141. Exemption from charges PART :- EXECUTION OF THE CONVENTION 142. Relief Societies and other organisations 143. Supervision 144. Dissemination of the Convention 145. Translations Rules of application 145. I. General observations 147. II. Grave breaches 148. III. Responsibilities of the Contracting Parties 149. Enquiry procedure 150. Languages 151. Signature 152. Signature 153. Coming into force 154. Coming into force 155. Accession 156. Notification of accessions 157. Immediate effect 158. Denunciation 159. Registration with the United Nations GENEVA CONVENTIONS ACT, 1960 6 of 1960 [12th March, 1960] "The following Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October, 1950, and came into force in India on the 9th May, 1951. (1) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (2) Geneva Convention for the Amelioration of the Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea. (3) Geneva Convention relative to the Treatment of Prisoners of War. (4) Geneva Convention relative to the Protection of Civilian Persons in time of War. 2. Parties to these Conventions have undertaken to enact legislation necessary to implement certain provisions thereof. Matters which require to be implemented by legislation are - (a) punishment of "grave breaches'' referred to in Art. 50 of the First Convention and equivalent articles of the succeeding Conventions; (b) conferment of jurisdiction on our Courts to try offences under these Conventions, even when committed by foreigners outside India; (c) extension of the protection given under the existing law to the Red Cross and Geneva Cross to two new emblems, namely, the Red Crescent on a white ground and the Red Lion and Sun on a white ground: (d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing United Kingdom Act, 1911 and Central Act 14 of 1936 and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. CHAPTER 1 PRELIMINARY 1. Registration with the United Nations. :- (1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Application of the Convention. :- In this Act, unless the context otherwise requires,- (a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Conven- tion mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) "Court" does not include a court-martial or military Court; (c) "protected internee" means aperson protected by the Fourth Convention and interned in India; (d) "protecting power", in relation to a protected internee or a protected prisoner of war, means the power of organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) "protected prisoner of war" means a person protected by the Third Convention. 3. Conflicts not of an international character. :- 4. Field of application. :- 5. Application by Neutral Powers. :- 6. Special agreements. :- 7. Non-renunciation of rights. :- 8. Protecting powers. :- 9. Activities of the International Committee of the Red Cross. :- 10. Substitutes for Protecting Powers. :- 11. Conciliation procedure. :- CHAPTER 2 PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS 12. Protection and ure. :- 13. Protected persons. :- 14. Handing over to a belligerent. :- 15. Wounded taken on board a neutral warship. :- 16. Wounded falling into enemy hands. :- 17. Wounded tended In a neutral port. :- 18. Searrch for casulrwa after an engagement. :- 19. Recording and forwardig of information. :- 20. Preseription regardig the dead. :- CHAPTER 3 LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS 22. Notification and protection of military hospital ships. :- 23. Protection of medical establishments ashore. :- 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. :- 25. II. Neutral countries. :- 26. Tonnage. :- 27. Coastal rescue craft. :- 28. Protection of sick-bays. :- 29. Hospital ships in occupied ports. :- 30. Employment of Hospital ships and small craft. :- 31. Right of control and search. :- 32. Stay in a neutral port. :- 33. Converted merchant vessels. :- 34. Discontinuance of protection. :- CHAPTER 4 ABUSE OF THE RED CROSS AND OTHER EMBLEMS 36. Protection of the personnel of hospital ships :- 37. Medical and religious personnel of other ships. :- CHAPTER 5 MISCELLANEOUS 38. Ships used for the conveyance of medical equipment. :- 39. Medical aircrafts. :- 40. Flight over neutral countries. Landng of wounded. :- SCHEDULE 1 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF CHAPTER 1 GENERAL PROVISIONS 1. Respect for the Convention :- (1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Application of the Convention :- In this Act, unless the context otherwise requires,- (a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Conven- tion mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) "Court" does not include a court-martial or military Court; (c) "protected internee" means aperson protected by the Fourth Convention and interned in India; (d) "protecting power", in relation to a protected internee or a protected prisoner of war, means the power of organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) "protected prisoner of war" means a person protected by the Third Convention. 3. Conflict not of an international character. :- 4. Application by neutral powers. :- 5. Duration of application :- 6. Special agreements :- 7. Non-renunciatioin of rights. :- 8. Protecting Powers. :- 9. Activities of the International Committees of the Red Cross. :- 10. Substitutes for Protecting Powers. :- 11. Conciliation procedure. :- CHAPTER 2 WOUNDED AND SICK 12. Protection and care. :- 13. Protected persons. :- 14. Status :- 15. Search for casualties. Evacuation. :- 16. Recording and forwarding of information :- 17. Prescriptions regarding the dead. Graves Registration service. :- 18. Role of the population :- CHAPTER 3 MEDICAL UNITS AND ESTABLISHMENTS 19. Protection :- 20. Protection of hospital ships :- 21. Discontinuance of protection of medical establishments and units :- 22. Conditions not depriving medical units and establishments of protection. :- 23. Hospital zones and localities. :- CHAPTER 4 PERSONNEL 24. Protection of permanent personnel :- 25. Protection of auxiliary personnel :- 26. Personnel of aid societies :- 27. Societies of neutral countries. :- 28. Retained personnel :- 29. Status of auxilliary personnel :- 30. Return of medical and religious personnel :- 31. Selection of personnel for return :- 32. Return of personnel belonging to neutral countries :- CHAPTER 5 BUILDINGS AND MATERIALS 33. Buildings and stores :- 34. Property of aid societies :- CHAPTER 6 MEDICAL TRANSPORTS 35. Protection :- 36. Medical aircraft :- 37. Flight over neutral countries. Landing of wounded. :- CHAPTER 7 THE DISTINCTIVE EMBLEM 38. Emblem of the Convention :- 39. Use of the emblem. :- 40. Identification of medical and religions personnel. :- 41. Identification of auxiliary personnel. :- 42. Marking of medical units and establishments. :- 43. Making of units of neutral countries. :- 44. Restrictions in the use of the emblem, Exceptions. :- CHAPTER 8 EXECUTION OF THE CONVENTION 45. Detailed execution, Unforeseen cases. :- 46. Prohibition of reprisals. :- 47. Dissemination of the Convention. :- 48. Translations, Rules of application. :- CHAPTER 9 REPRESSION OF ABUSES AND INFRACTIONS 49. Penal sanctions, I .General observations. :- 50. II. Grave breaches. :- 51. III. Responsibilities of the Contracting parties. :- 52. Enquiry procedure. :- 53. Misuse of the emblem. :- 54. Prevention of misuse. :- 55. Languages. :- 56. Signature. :- 57. Ratification. :- 58. Coming into force. :- 59. Relation to previous Conventions. :- 60. Accession. :- 61. Notification of accessions. :- Immediate effect. Notification of accessions. :- 63. Denunciation. :- 64. Registration with the United Nations. :- CHAPTER 1 GENERAL PROVISIONS 1. Respect for the Convention :- (1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Application of the Convention :- In this Act, unless the context otherwise requires,- (a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Conven- tion mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) "Court" does not include a court-martial or military Court; (c) "protected internee" means aperson protected by the Fourth Convention and interned in India; (d) "protecting power", in relation to a protected internee or a protected prisoner of war, means the power of organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) "protected prisoner of war" means a person protected by the Third Convention. 3. Conflict not of an international character. :- 4. Application by neutral powers. :- 5. Duration of application :- 6. Special agreements :- 7. Non-renunciatioin of rights. :- 8. Protecting Powers. :- 9. Activities of the International Committees of the Red Cross. :- 10. Substitutes for Protecting Powers. :- 11. Conciliation procedure. :- CHAPTER 2 WOUNDED AND SICK 12. Protection and care. :- 13. Protected persons. :- 14. Status :- 15. Search for casualties. Evacuation. :- 16. Recording and forwarding of information :- 17. Prescriptions regarding the dead. Graves Registration service. :- 18. Role of the population :- CHAPTER 3 MEDICAL UNITS AND ESTABLISHMENTS 19. Protection :- 20. Protection of hospital ships :- 21. Discontinuance of protection of medical establishments and units :- 22. Conditions not depriving medical units and establishments of protection. :- 23. Hospital zones and localities. :- CHAPTER 4 PERSONNEL 24. Protection of permanent personnel :- 25. Protection of auxiliary personnel :- 26. Personnel of aid societies :- 27. Societies of neutral countries. :- 28. Retained personnel :- 29. Status of auxilliary personnel :- 30. Return of medical and religious personnel :- 31. Selection of personnel for return :- 32. Return of personnel belonging to neutral countries :- CHAPTER 5 BUILDINGS AND MATERIALS 33. Buildings and stores :- 34. Property of aid societies :- CHAPTER 6 MEDICAL TRANSPORTS 35. Protection :- 36. Medical aircraft :- 37. Flight over neutral countries. Landing of wounded. :- CHAPTER 7 THE DISTINCTIVE EMBLEM 38. Emblem of the Convention :- 39. Use of the emblem. :- 40. Identification of medical and religions personnel. :- 41. Identification of auxiliary personnel. :- 42. Marking of medical units and establishments. :- 43. Making of units of neutral countries. :- 44. Restrictions in the use of the emblem, Exceptions. :- CHAPTER 8 EXECUTION OF THE CONVENTION 45. Detailed execution, Unforeseen cases. :- 46. Prohibition of reprisals. :- 47. Dissemination of the Convention. :- 48. Translations, Rules of application. :- CHAPTER 9 REPRESSION OF ABUSES AND INFRACTIONS 49. Penal sanctions, I .General observations. :- 50. II. Grave breaches. :- 51. III. Responsibilities of the Contracting parties. :- 52. Enquiry procedure. :- 53. Misuse of the emblem. :- 54. Prevention of misuse. :- 55. Languages. :- 56. Signature. :- 57. Ratification. :- 58. Coming into force. :- 59. Relation to previous Conventions. :- 60. Accession. :- 61. Notification of accessions. :- Immediate effect. Notification of accessions. :- 63. Denunciation. :- 64. Registration with the United Nations. :- SCHEDULE 2 G ENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF CHAPTER 1 GENERAL PROVISIONS 1. Registration with the United Nations. :- (1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Application of the Convention. :- In this Act, unless the context otherwise requires,- (a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Conven- tion mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) "Court" does not include a court-martial or military Court; (c) "protected internee" means aperson protected by the Fourth Convention and interned in India; (d) "protecting power", in relation to a protected internee or a protected prisoner of war, means the power of organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) "protected prisoner of war" means a person protected by the Third Convention. 3. Conflicts not of an international character. :- 4. Field of application. :- 5. Application by Neutral Powers. :- 6. Special agreements. :- 7. Non-renunciation of rights. :- 8. Protecting powers. :- 9. Activities of the International Committee of the Red Cross. :- 10. Substitutes for Protecting Powers. :- 11. Conciliation procedure. :- CHAPTER 2 WOUNDED, SICK AND SHIPWRECKED 12. Protection and ure. :- 13. Protected persons. :- 14. Handing over to a belligerent. :- 15. Wounded taken on board a neutral warship. :- 16. Wounded falling into enemy hands. :- 17. Wounded tended In a neutral port. :- 18. Searrch for casulrwa after an engagement. :- 19. Recording and forwardig of information. :- 20. Preseription regardig the dead. :- CHAPTER 3 HOSPITAL SHIPS 22. Notification and protection of military hospital ships. :- 23. Protection of medical establishments ashore. :- 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. :- 25. II. Neutral countries. :- 26. Tonnage. :- 27. Coastal rescue craft. :- 28. Protection of sick-bays. :- 29. Hospital ships in occupied ports. :- 30. Employment of Hospital ships and small craft. :- 31. Right of control and search. :- 32. Stay in a neutral port. :- 33. Converted merchant vessels. :- 34. Discontinuance of protection. :- CHAPTER 4 PERSONNEL 36. Protection of the personnel of hospital ships :- 37. Medical and religious personnel of other ships. :- CHAPTER 5 MEDICAL TRANSPORTS 38. Ships used for the conveyance of medical equipment. :- 39. Medical aircrafts. :- 40. Flight over neutral countries. Landng of wounded. :- CHAPTER 6 THE DISTINCTIVE EMBLEM 41. Use of the emblem. :- 42. Identification of medical and religious personnel. :- 43. Marking of hospital ships and small craft. :- 44. Limitation in the use of markings. :- 45. Prevention of misuse. :- CHAPTER 7 EXECUTION OF THE CONVENTION 46. Detailed execution Unforeseen cases. :- 47. Prohibition of reprisals. :- 48. Dissemination of the Convention. :- 49. Translations, Rules of application. :- CHAPTER 8 REPRESSION OF ABUSES AND INFRACTIONS 50. Penal sanctions. 1. General observations. :- 51. II. Grave breaches. :- 52. ID. Responsibilities of the Contracting Parties. :- 53. Enquiry procedure. :- 54. Languages :- 55. Signature. :- 56. Ratification. :- 57. Coming into force. :- 58. Relation to the 1907 Convention. :- 59. Accession. :- 60. Notification of accessions. :- 61. Immediate effect. :- 62. Denunciation. :- 63. Registration with the United Nations. :- CHAPTER 1 GENERAL PROVISIONS 1. Registration with the United Nations. :- (1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. (3) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Application of the Convention. :- In this Act, unless the context otherwise requires,- (a) "Conventions" means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Conven- tion mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) "Court" does not include a court-martial or military Court; (c) "protected internee" means aperson protected by the Fourth Convention and interned in India; (d) "protecting power", in relation to a protected internee or a protected prisoner of war, means the power of organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) "protected prisoner of war" means a person protected by the Third Convention. 3. Conflicts not of an international character. :- 4. Field of application. :- 5. Application by Neutral Powers. :- 6. Special agreements. :- 7. Non-renunciation of rights. :- 8. Protecting powers. :- 9. Activities of the International Committee of the Red Cross. :- 10. Substitutes for Protecting Powers. :- 11. Conciliation procedure. :- CHAPTER 2 WOUNDED, SICK AND SHIPWRECKED 12. Protection and ure. :- 13. Protected persons. :- 14. Handing over to a belligerent. :- 15. Wounded taken on board a neutral warship. :- 16. Wounded falling into enemy hands. :- 17. Wounded tended In a neutral port. :- 18. Searrch for casulrwa after an engagement. :- 19. Recording and forwardig of information. :- 20. Preseription regardig the dead. :- CHAPTER 3 HOSPITAL SHIPS 22. Notification and protection of military hospital ships. :- 23. Protection of medical establishments ashore. :- 24. Hospital ships utilized by relief societies and private individuals of, I. Parties to the conflict. :- 25. II. Neutral countries. :- 26. Tonnage. :- 27. Coastal rescue craft. :- 28. Protection of sick-bays. :- 29. Hospital ships in occupied ports. :- 30. Employment of Hospital ships and small craft. :- 31. Right of control and search. :- 32. Stay in a neutral port. :- 33. Converted merchant vessels. :- 34. Discontinuance of protection. :- CHAPTER 4 PERSONNEL 36. Protection of the personnel of hospital ships :- 37. Medical and religious personnel of other ships. :- CHAPTER 5 MEDICAL TRANSPORTS 38. Ships used for the conveyance of medical equipment. :- 39. Medical aircrafts. :- 40. Flight over neutral countries. Landng of wounded. :- CHAPTER 6 THE DISTINCTIVE EMBLEM 41. Use of the emblem. :- 42. Identification of medical and religious personnel. :- 43. Marking of hospital ships and small craft. :- 44. Limitation in the use of markings. :- 45. Prevention of misuse. :- CHAPTER 7 EXECUTION OF THE CONVENTION 46. Detailed execution Unforeseen cases. :- 47. Prohibition of reprisals. :- 48. Dissemination of the Convention. :- 49. Translations, Rules of application. :- CHAPTER 8 REPRESSION OF ABUSES AND INFRACTIONS 50. Penal sanctions. 1. General observations. :- 51. II. Grave breaches. :- 52. ID. Responsibilities of the Contracting Parties. :- 53. Enquiry procedure. :- 54. Languages :- 55. Signature. :- 56. Ratification. :- 57. Coming into force. :- 58. Relation to the 1907 Convention. :- 59. Accession. :- 60. Notification of accessions. :- 61. Immediate effect. :- 62. Denunciation. :- 63. Registration with the United Nations. :- SCHEDULE 3 GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF PART GENERAL PROVISIONS 1. Respect for the Convention. :- Article The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. 2. Application of the Convention. :- Article In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 3. Conflict not of an international character. :- Article In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:- (1) Persons taking no active part in the hostilities, including members of armed forces-who have laid down their rms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in a n y place-whatsoever with respect to the abovementioned persons:- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted Court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The parties .to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall .not affect the legal status of the Parties to the conflict. 4. Prisoners of war. :- Article A. Prisoners of War, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy :- (1) Members of the armed forces of Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organised resistance moverments; belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:.- (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law: (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect tthe laws and customs of war. . ; B. The following shall likewise be treated .as prisoners of war under the present Convention:- (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed-forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a .view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non- belligerent Powers on,their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10,15,30, fifth paras 58- 67,92,126 and, where diplomatic relations exist between the Parties lo the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present .Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. 5. Beginning and end of application. :- Article The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent Tribunal. 6. Special agreements. :- Article In addition to the agreements expressly provided for in Articles 10,23,28,33,60,65,66,67,72,73,75, 109, 110, 118,119,122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of-prisoners of war as defined by the present Convention, nor restrict the rights which it confers upon them. Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. 7. Non-renunciation of rights. :- Article Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. 8. Protecting Powers. :- Article . The present Convention shall be applied with the co- operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any Case exceed their mission under the present Convention. They shall in-particular, take account of the imperative necessities of security of the State wherein they carry out their duties. 9. Protecting Powers. :- 10. Substitutes for Protecting Powers. :- Article The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When prisoners of war do not benefit or cease to .benefit, no matter for what reason, by the activities of Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed, under the present Convention by a Protecting Power designed by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral power or any organisation invited by the Power concerned or offering itself for these purposes,shall be required to act with a sense of responsibility, towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to Undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between powers One of which is restricted even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organisations in the sense of the present Article. 11. Conciliation Procedure. :- Article In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, wlio shall be invited to take part in such a meeting. PART GENERAL PROTECTION OF PRISONERS OF WAR 12. Responsibility for the treatment of prisoners. :- Article Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given to them. Prisoners of war may only be transferred, by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such request must be complied with. 13. Humane treatment of prisoners. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 14. Respect for the person of prisoners. :- Article Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. 15. Maintenance of prisoners. :- Articles ; The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. 16. Equality of treatment. :- Article Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. PART BEGINNING OF CAPTIVITY 17. Questioning of prisoners. :- Article Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname first names, rank, army regimental, personal or serial number or equivalent information, and date of burth. The identity card may, furthermore, bear the signature or the fingerprints or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. . ._.. No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refused to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental conditions, are unable to state their identity shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. The questioning of prisoners of war shall be carried out in a language which they understand. 18. Property of prisoners. :- Article . ' All effects and articles of personal use, except arms, horses, military equipment and military documents shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemised receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in .the currency of the Detaining Power, or which are changed into such currency at the prisoner's request shall be placed to the credit of the prisoner's account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply, Such objects, likewise the sums taken away in any currency other than that of the Detaining Power, and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. 19. Evacuation of prisoners. :- Article Prisoners of war shall be evacuatex as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. 20. Conditions of evacuation. :- Article The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated. If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. CHAPTER 1 GENERAL OBSERVATIONS 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 HYGIENE AND MEDICAL ATTENTION 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. CHAPTER 4 MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR 33. Rights and privileges of retained personnel. :- Article Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners o f war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to, prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:- (a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. (b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 1 This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. (c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. None of the the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view, 1. Annexure Vis not found printed in the Gazette along with the Present Convention; Hence not given in this Act. CHAPTER 5 RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. :- Article Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. 35. Retaining chaplains. :- Article Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with the international religious organisations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. 36. Prisoners who are ministers of religion. :- Article Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. 37. Prisoners without a minister of their religion. :- Article When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. 38. Recreation, study, sports and games. :- Article While, respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games, amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise including sports and games and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER 6 DISCIPLINE 39. Administration. :- Article Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his Government, for its application. Saluting. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. 40. Badges and decorations. :- Article The wearing of badges of rank and nationality, as well. as of decorations shall be permitted. 41. Posting of the Convention, and of regykatuib and orders concerning prisoners. :- Article In every camp the text of present Convention and its Annexes and the contents of any special agreement provided for in article 6, shall be posted, in the prisoner's own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. 42. Use of weapons. :- Article The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. CHAPTER 8 RANK OF PRISONERS OF WAR 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 8 TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 1 COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 PRISONERS OF WAR REPRESENTATIVES 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 1. General provisions 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. PART DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 109. General observations. :- Article Subject to the provisions of the third paragraph of this article. Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities. Parties to the conflict shall endeavour, with the co-operation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may in addition conclude agreements with a view to the direct repatriation or internment in a neutral country of ablebodied prisoners of war who have undergone a long period of captivity. No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article/may be repatriated against his will during hostilities. 110. Cues of repatriation and accommodation. :- Article The following shall be repatriated direct:- (1) Incurably wounded and sick whose mental or physical Fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have gravely and permanently diminished. The following may be accommodated in a neutral country:- (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery. (2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatend by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated :- (1) Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation. (2) Those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and. accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention. 111. Internment in a neutral country. :- Article The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. 112. Mixed Medical Commissions. :- Article Upon the outbreak of hostilities. Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. 112. Prisoners entitled to examination by Mixed Medical Commissions. :- Article Upon the outbreak of hostilities. Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. 114. Prisoners meeting with accidents. :- Article Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country. 115. Prisoners serving a sentence. :- Article No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment. 116. Cost of repatriation. :- Article The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend. 117. Activity after repatriation. :- Article No repatriated person may be employed on active military service. 118. Release and repatriation. :- Article Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with. a view to the cessation of hostilities or failing any such agreement, each of the Detaining Powers shall itself . establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph. In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the power on which the prisoners depend. This approtionment shall be carried out on the following basis: / (a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the cost of repatriation from the frontiers of the Detaining Power. (b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. 119. Details of procedure. :- Article Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs. On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122. Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorised to carry at least twenty-five kilograms. The other personal effects of the repatriated prisoner shall be, left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of' transport and the payment of the costs involved, with the Power on which the prisoner depends. Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence. Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed. By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. 120. Wills, death cerficates, burial, cremation. :- Article Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, while will take steps to inform the Detaining Power of its requirements in this. respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Art. 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with aview to confirming death and enabling a report to be made and where necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express with to this effect. In case of cremation, the fact shall be stated and the reason given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service estalished by the Detaining Power. Lists of graves and particulars of the prisoners Of. war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the terrtory, if a Party to the present Convention. These provisions shall also apply to the ashes which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. 121. Prisoners killed or injured in special circumstances. :- Article Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power, statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all mreasures for the prosecution of the person or persons responsible. PART INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR 122. National Bureaux :- Article Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the catgories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war. Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory. The Bureau shall immediately forward such information by the most rapid means to the. Powers concerned through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123. This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent. The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admission to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above. Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible. The information Bureau shall also b e responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession. All written communications made by the Bureau shall be authenticated by a signature or a seal. The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete, list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. 123. Central Agency. :- Article A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency. The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions. The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require, The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief Societies provided for in Article 125, 124. Exemption from charges. :- A rticle The National Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 125. Relief societies and other organizations. :- Article 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 organisation assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visting the prisoners f o r distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organising their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and orgnizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war. The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times. As soon as relief applies or material intended for the abovementioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoner's representative; shall te forwarded to the relief society or organization making the shipment. At the same time, receipts for t h ese consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. PART GENERAL PROVISIONS 126. Supervision. :- Article Representatives or delegates of the Protecting Power shall have permission to go to all places where prisoner* of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners' representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. The Detaining Power and the power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits. The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited. 127. Dissemination of the Convention. :- Article The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. Any military or other authorities who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. 128. Translations, Rules of application. :- Article 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. 129. Penal sanctions. :- Article 1. General observations. The High Contracting Parties undertake to enact any legislation necessary to provide effective penel sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality^ before its own Courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. 130. II. Grave breaches. :- Article Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention; wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. 131. III. Responsibilities of the Contracting Parties. :- Article No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. 132. Enquiry procedure. :- Article At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of anumpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 133. Languages. :- Article The present Convention is established in Engligh and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 134. Relation to the 1929 Convention. :- Article The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties. 135. Relation to the Hague Convention. :- Article In the relations between the Powers which are bound by the Hague Convention respecting the Law and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the preseii. Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the ^ ' abovementioned Conventions of the Hague. 136. Signature. :- Article The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Power represented at the Conference' which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929. 137. Ratification. :- Article The present Convention shall be ratified as soon as possible and the ratification shall be deposited at Berne. A record shall be drawn of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 138. Coming into force. :- Article The present Convention shall come into force six months after not-less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 139. Accession. :- Article From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed to accede to this Convention. 140. Notification of accession. :- Article Accessions shall be notified in writing to the Swiss Federal Council and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed or whose accession has been notified. 141. Immediate effect. :- Article The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. 142. Denunciation. :- Article Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by t h e present Convention has been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as the result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience. 143. Registration with the United Nations. :- Article The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shal also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation, The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. PART GENERAL PROVISIONS 1. Respect for the Convention. :- Article The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. 2. Application of the Convention. :- Article In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 3. Conflict not of an international character. :- Article In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:- (1) Persons taking no active part in the hostilities, including members of armed forces-who have laid down their rms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in a n y place-whatsoever with respect to the abovementioned persons:- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted Court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The parties .to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall .not affect the legal status of the Parties to the conflict. 4. Prisoners of war. :- Article A. Prisoners of War, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy :- (1) Members of the armed forces of Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organised resistance moverments; belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:.- (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law: (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect tthe laws and customs of war. . ; B. The following shall likewise be treated .as prisoners of war under the present Convention:- (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed-forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a .view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non- belligerent Powers on,their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10,15,30, fifth paras 58- 67,92,126 and, where diplomatic relations exist between the Parties lo the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present .Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. 5. Beginning and end of application. :- Article The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent Tribunal. 6. Special agreements. :- Article In addition to the agreements expressly provided for in Articles 10,23,28,33,60,65,66,67,72,73,75, 109, 110, 118,119,122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of-prisoners of war as defined by the present Convention, nor restrict the rights which it confers upon them. Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. 7. Non-renunciation of rights. :- Article Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. 8. Protecting Powers. :- Article . The present Convention shall be applied with the co- operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any Case exceed their mission under the present Convention. They shall in-particular, take account of the imperative necessities of security of the State wherein they carry out their duties. 9. Protecting Powers. :- 10. Substitutes for Protecting Powers. :- Article The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When prisoners of war do not benefit or cease to .benefit, no matter for what reason, by the activities of Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed, under the present Convention by a Protecting Power designed by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral power or any organisation invited by the Power concerned or offering itself for these purposes,shall be required to act with a sense of responsibility, towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to Undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between powers One of which is restricted even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organisations in the sense of the present Article. 11. Conciliation Procedure. :- Article In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, wlio shall be invited to take part in such a meeting. PART GENERAL PROTECTION OF PRISONERS OF WAR 12. Responsibility for the treatment of prisoners. :- Article Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given to them. Prisoners of war may only be transferred, by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such request must be complied with. 13. Humane treatment of prisoners. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 14. Respect for the person of prisoners. :- Article Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. 15. Maintenance of prisoners. :- Articles ; The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. 16. Equality of treatment. :- Article Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. PART BEGINNING OF CAPTIVITY 17. Questioning of prisoners. :- Article Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname first names, rank, army regimental, personal or serial number or equivalent information, and date of burth. The identity card may, furthermore, bear the signature or the fingerprints or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. . ._.. No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refused to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental conditions, are unable to state their identity shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. The questioning of prisoners of war shall be carried out in a language which they understand. 18. Property of prisoners. :- Article . ' All effects and articles of personal use, except arms, horses, military equipment and military documents shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemised receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in .the currency of the Detaining Power, or which are changed into such currency at the prisoner's request shall be placed to the credit of the prisoner's account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply, Such objects, likewise the sums taken away in any currency other than that of the Detaining Power, and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. 19. Evacuation of prisoners. :- Article Prisoners of war shall be evacuatex as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. 20. Conditions of evacuation. :- Article The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated. If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. CHAPTER 1 GENERAL OBSERVATIONS 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 HYGIENE AND MEDICAL ATTENTION 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. CHAPTER 4 MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR 33. Rights and privileges of retained personnel. :- Article Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners o f war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to, prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:- (a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. (b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 1 This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. (c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. None of the the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view, 1. Annexure Vis not found printed in the Gazette along with the Present Convention; Hence not given in this Act. CHAPTER 5 RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. :- Article Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. 35. Retaining chaplains. :- Article Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with the international religious organisations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. 36. Prisoners who are ministers of religion. :- Article Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. 37. Prisoners without a minister of their religion. :- Article When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. 38. Recreation, study, sports and games. :- Article While, respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games, amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise including sports and games and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER 6 DISCIPLINE 39. Administration. :- Article Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his Government, for its application. Saluting. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. 40. Badges and decorations. :- Article The wearing of badges of rank and nationality, as well. as of decorations shall be permitted. 41. Posting of the Convention, and of regykatuib and orders concerning prisoners. :- Article In every camp the text of present Convention and its Annexes and the contents of any special agreement provided for in article 6, shall be posted, in the prisoner's own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. 42. Use of weapons. :- Article The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. CHAPTER 8 RANK OF PRISONERS OF WAR 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 8 TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 1 COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 PRISONERS OF WAR REPRESENTATIVES 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 1. General provisions 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. PART DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 109. General observations. :- Article Subject to the provisions of the third paragraph of this article. Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities. Parties to the conflict shall endeavour, with the co-operation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may in addition conclude agreements with a view to the direct repatriation or internment in a neutral country of ablebodied prisoners of war who have undergone a long period of captivity. No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article/may be repatriated against his will during hostilities. 110. Cues of repatriation and accommodation. :- Article The following shall be repatriated direct:- (1) Incurably wounded and sick whose mental or physical Fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have gravely and permanently diminished. The following may be accommodated in a neutral country:- (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery. (2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatend by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated :- (1) Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation. (2) Those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and. accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention. 111. Internment in a neutral country. :- Article The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. 112. Mixed Medical Commissions. :- Article Upon the outbreak of hostilities. Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. 112. Prisoners entitled to examination by Mixed Medical Commissions. :- Article Upon the outbreak of hostilities. Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. 114. Prisoners meeting with accidents. :- Article Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country. 115. Prisoners serving a sentence. :- Article No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment. 116. Cost of repatriation. :- Article The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend. 117. Activity after repatriation. :- Article No repatriated person may be employed on active military service. 118. Release and repatriation. :- Article Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with. a view to the cessation of hostilities or failing any such agreement, each of the Detaining Powers shall itself . establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph. In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the power on which the prisoners depend. This approtionment shall be carried out on the following basis: / (a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the cost of repatriation from the frontiers of the Detaining Power. (b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. 119. Details of procedure. :- Article Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs. On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122. Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorised to carry at least twenty-five kilograms. The other personal effects of the repatriated prisoner shall be, left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of' transport and the payment of the costs involved, with the Power on which the prisoner depends. Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence. Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed. By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. 120. Wills, death cerficates, burial, cremation. :- Article Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, while will take steps to inform the Detaining Power of its requirements in this. respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Art. 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with aview to confirming death and enabling a report to be made and where necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express with to this effect. In case of cremation, the fact shall be stated and the reason given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service estalished by the Detaining Power. Lists of graves and particulars of the prisoners Of. war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the terrtory, if a Party to the present Convention. These provisions shall also apply to the ashes which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. 121. Prisoners killed or injured in special circumstances. :- Article Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power, statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all mreasures for the prosecution of the person or persons responsible. PART INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR 122. National Bureaux :- Article Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the catgories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war. Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory. The Bureau shall immediately forward such information by the most rapid means to the. Powers concerned through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123. This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent. The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admission to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above. Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible. The information Bureau shall also b e responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession. All written communications made by the Bureau shall be authenticated by a signature or a seal. The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete, list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. 123. Central Agency. :- Article A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency. The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions. The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require, The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief Societies provided for in Article 125, 124. Exemption from charges. :- A rticle The National Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 125. Relief societies and other organizations. :- Article 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 organisation assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visting the prisoners f o r distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organising their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and orgnizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war. The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times. As soon as relief applies or material intended for the abovementioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoner's representative; shall te forwarded to the relief society or organization making the shipment. At the same time, receipts for t h ese consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. PART GENERAL PROVISIONS 126. Supervision. :- Article Representatives or delegates of the Protecting Power shall have permission to go to all places where prisoner* of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners' representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. The Detaining Power and the power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits. The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited. 127. Dissemination of the Convention. :- Article The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. Any military or other authorities who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. 128. Translations, Rules of application. :- Article 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. 129. Penal sanctions. :- Article 1. General observations. The High Contracting Parties undertake to enact any legislation necessary to provide effective penel sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality^ before its own Courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. 130. II. Grave breaches. :- Article Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention; wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. 131. III. Responsibilities of the Contracting Parties. :- Article No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. 132. Enquiry procedure. :- Article At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of anumpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 133. Languages. :- Article The present Convention is established in Engligh and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 134. Relation to the 1929 Convention. :- Article The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties. 135. Relation to the Hague Convention. :- Article In the relations between the Powers which are bound by the Hague Convention respecting the Law and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the preseii. Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the ^ ' abovementioned Conventions of the Hague. 136. Signature. :- Article The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Power represented at the Conference' which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929. 137. Ratification. :- Article The present Convention shall be ratified as soon as possible and the ratification shall be deposited at Berne. A record shall be drawn of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 138. Coming into force. :- Article The present Convention shall come into force six months after not-less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 139. Accession. :- Article From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed to accede to this Convention. 140. Notification of accession. :- Article Accessions shall be notified in writing to the Swiss Federal Council and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed or whose accession has been notified. 141. Immediate effect. :- Article The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. 142. Denunciation. :- Article Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by t h e present Convention has been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as the result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience. 143. Registration with the United Nations. :- Article The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shal also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation, The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. SCHEDULE 4 GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF AUGUST 12, 1949 PART GENERAL PROVISIONS 1. Respect for the Convention. :- Article The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. 2. Application of the Convention. :- Article In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 3. Conflicts not Of an international character. :- Article In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:- (1) Persons taking no active part in the hostilities, including members of armed forces-who have laid down their rms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in a n y place-whatsoever with respect to the abovementioned persons:- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted Court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The parties .to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall .not affect the legal status of the Parties to the conflict. 4. Definition of protected persons. :- Article A. Prisoners of War, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy :- (1) Members of the armed forces of Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organised resistance moverments; belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:.- (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law: (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect tthe laws and customs of war. . ; B. The following shall likewise be treated .as prisoners of war under the present Convention:- (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed-forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a .view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non- belligerent Powers on,their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10,15,30, fifth paras 58- 67,92,126 and, where diplomatic relations exist between the Parties lo the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present .Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. 5. Derogations. :- Article The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent Tribunal. 6. Beginning and end of application. :- Article In addition to the agreements expressly provided for in Articles 10,23,28,33,60,65,66,67,72,73,75, 109, 110, 118,119,122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of-prisoners of war as defined by the present Convention, nor restrict the rights which it confers upon them. Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. 7. special agreements. :- Article Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. 8. Non-renunciation of rights. :- Article . The present Convention shall be applied with the co- operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any Case exceed their mission under the present Convention. They shall in-particular, take account of the imperative necessities of security of the State wherein they carry out their duties. 9. Protecting Powers. :- 10. Activities of the International Committee of the Red Cross. :- Article The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When prisoners of war do not benefit or cease to .benefit, no matter for what reason, by the activities of Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed, under the present Convention by a Protecting Power designed by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral power or any organisation invited by the Power concerned or offering itself for these purposes,shall be required to act with a sense of responsibility, towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to Undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between powers One of which is restricted even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organisations in the sense of the present Article. 11. Substitutes for Protecting Power. :- Article In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, wlio shall be invited to take part in such a meeting. 12. Conciliation Procedure :- Article In case where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsbile for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power, or delegated by the International CoMmittee.of the Red Cross, who shall be invited to take part in such a meeting. PART GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR 13. Field of application of Part II. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 13. Hospital and safety zones and localities. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody i s prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 15. Neutralised zones. :- Articles ; The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. 16. Wounded and sick. :- Article Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. 17. . :- Article II. Evacuation. The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. 18. . :- Article III. Protection of hospitals. Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict. States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19. Civilian hospitals shall be marked by means of the emblem provided for in Art. 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State. The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. 19. . :- Article IV. Discontinuance of protection of hospitals. The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may however, cease only after due warning has been given, naming, in all appropriate cases, areasonable time limit, and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy. 20. . :- Article V. Hospital staff. Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected. In occupied territory and in zones of military operations, the above personnel shall be recognisable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water resistant armlet which they shall wear on the left arm while carrying out .their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed. The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. 21. . :- Article VI. Land and sea transport. Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Of August 12, 1949. 22. . :- Article VII. Air transport. Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Unless agreed otherwise flights over enemy or enemy occupied territory are prohibited. Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. 23. . :- Article Consignment of medical supplies, food and clothing. Each High contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing; (a) that the consignments may be diverted from their destination, (b) that the control may not be effective, or (c) that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods. The Power which allows the passage of the consigments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers, Such consigments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. 24. Measures relating to child welfare. :- Article The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs or by some other means. 25. Family news. :- Article All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a stirctly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay. If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month. 26. Dispersed families. :- Article Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organisations engaged on this task provided they are acceptable to it and conform to its security regulations. PART STATUS AND TREATMENT OF PROTECTED PERSONS 27. Treatment. :- Article 1. General observations. 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. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. 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. 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. 28. . :- Article II. Danger zones. The presence of a protected person may not be used to render certain points or areas immune from military operations. 29. . :- Article III. Responsibilities. 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. 30. Application to Protecting Powers and relief organizations. :- Article 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 orgnizations that might assist them. These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations. 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. 31. Prohibition of coercion. :- Article No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. 32. Prohibition of corporal punishment, torture, etc. :- Article The High Contracting Parties specifically agree that each of them is prohibited from taking any measures of such a character as t o cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutation 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. 33. Individual responsibility, collective penalties, pillage, reprisals. :- Article No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited. 34. Hostages. :- Article The taking of hostages is prohibited. SECTION II ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT 35. Right to leave the territory. :- Article 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 interest of the State. 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. 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. 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. 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. 36. Method of repatriation. :- Article Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. 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 neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. 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. 37. Persons in confinement :- Article Protected persons who are confined pending proceedings or subject to a sentence involving loss of liberty shall during their confinement be humanely treated. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. 38. Non-repatriated persons. :- Article I. General observations With the exception of special measures authorised by the present Convention, in particular by Articles 27and 41 thereof, the situation of protected persons shall continue to beregulated, in principle by the provisions concerning aliens in time of peace. 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 authorised 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. 39. . :- Article II. Means of existence Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. 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. 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. Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30. 40. . :- Article III. Employment 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. If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feedings, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations. 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. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. 41. . :- Article IV. Assigned residence. Internment 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 more severe than that of assigned residence or internment, in accordance with the provisions of Arts. 42 and 43. 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, Sec. IV of this Convention. 42. . :- Article V. Grounds for internment of assigned residence. Voluntary internment The interment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. 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. 43. . :- 44. . :- Article VII. Refugees 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. 45. . :- Article VIII. Transfer to another Power Protected persons shall not be transferred to a Power which is not a party to the Convention. 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. 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. 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. Nevertheless, if that Power fails t o 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. Such request must be complied with. In on circumstances shall a protected person be transferred to a coutnry where he or she may have reason to fear persecution for his or her political opinions or religious beliefs, 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. 46. Cancellation of restrictive measures :- Article 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. 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. SECTION 3 OCCUPIED TERRITORIES 47. Inviolability of rights :- Article Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. 48. Special cues of repatriation :- Article Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article. 49. Deportations, transfers, evacuations :- Article Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutriation, and that members of the same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. 50. Children :- Article The Occupying Power shall, with the co-operation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps of facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. 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. Particulars of their parents or other near relatives should always be recorded if available. The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. 51. Enlistment Labour :- Article The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted. The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour. The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation inforce in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary trailing and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi- military character. 52. Protection of workers :- Article No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. 53. Prohibited destruction :- Article Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities or to social or co- operative organisations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. 54. Judges and public officials :- Article The Occupying Power may not alter the status of public officials or Judges in the occupied territories, or in any way apply sanctioning to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience. This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts. 55. Food and medical supplies for the population. :- Article To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate, The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except, for use by the occupation forces and .administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Convention, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements. 56. Hygiene and public health. :- Article To the fullest extent of the means available to it,the Occupying Power has the duty of ensuring and maintaining, with the co-operation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties. If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory. 57. Requisition of hospitals :- Article The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation. The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population. 58. Spiritual assistance :- Article The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of the religious communities. The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. 59. Relief. :- Article I. Collective relief If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee, of the Red Cross, shall consist in particular, of the provision of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection. A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. 60. . :- Article II. Responsibilities of the Occupying Power Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55,56 and 59. The Occupying Powers shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. 61. . :- Article III. Distribution The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the co- operation and under the supervision of the Protecting Power. This duty may also be delegated by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body. Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments. All Constracting parties shall endeavour to permit t h e transit and transport, free of charge, of such relief consignments on their way to occupied territories. 62. . :- Article IV. Individual relief Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. 63. National Red Cross and other relief societies :- Article Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power: (a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities undersimilar conditions; (b) the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities. The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be estalished, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues. 64. Penal legislation. :- Article I. General observations The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws. The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communications used by them. 65. . :- Article II. Publications The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. 66. . :- Article III. Competent Courts In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. 67. . :- Article IV. Applicable provisions The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportional to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. 68. . :- Article V. Penalties, Death penalty Protected persons who commit an offence which is solely intended to harm the Occupying Powers, but which 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 offence committed. Furthermore, internment o r imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period. The penal provisions promulgated by the Occupying Power in accordance with Annies 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began. The death penalty may not be pronounced against a protected person unless the attention of the court has bet ,i particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence. 69. . :- Article VI. Deduction from sentence of period spent under arrest In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded. 70. . :- Article VII. Offences committed before occupation Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. 71. . :- Article Penal procedure. I General observations No sentence-shall be pronounced by the competent courts of the Occupying Power except after a regular trial. 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. 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. 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. 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. 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. 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, 72. . :- Article II. Right of defence Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. 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, Falling a choice by the accused, the Protecting Power may provide him with an advocate or counsel. 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. Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in Court. They shall have the right at any time to object to the interpreter and to ask for his replacement. 73. . :- Article III. Right of appeal A convicted person shall have the right of appeal provided for by the laws applied by the Court. Hi shall be fully informed of his right to appeal or petition and of the time limit within which he may do so, The penal procedure provided in the present Section shall apply, as far as it is applicable to appeals. 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. 74. . :- Article IV. Assistance by the Protecting Power 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. A notification in respect of the date and place of trial shall be sent to the Protecting Power. 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. 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 sentences are to be served. 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. Any period allowed for appeal in the case of sentence 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. 75. . :- Article V. Death sentence In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve, 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 confiriming such death sentence, or of an order denying pardon or reprieve. 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. 76. . :- Article Treatment of detainees Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. 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. They shall receive the medical attention required by their state of health. They shall also have the right to receive any spiritual assistance which they may require. Women shall be confined in quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors. 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. Such persons shall have the right to receive at least one relief parcel monthly. 77. . :- Article Handing over of detainees at the close of occupation Protected persons who have been accused of offences or convicted by the Courts in-occupied territory, shall be handed over at the close of occupation with the relevant records, to the authorities of the liberated territory. 78. . :- Article Security measures, Internment and assigned residence. Right of appeal 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, 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. This procedure shall include the right of appeal for the parties concerned. Appeals shall b e decided with the least possible delay. 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. 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. CHAPTER 1 GENERAL PROVISIONS 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 PLACES OF INTERNMENT 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 FOOD AND CLOTHING 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. CHAPTER 4 HYGIENE AND MEDICAL ATTENTION 33. Rights and privileges of retained personnel. :- Article Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners o f war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to, prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:- (a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. (b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 1 This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. (c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. None of the the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view, 1. Annexure Vis not found printed in the Gazette along with the Present Convention; Hence not given in this Act. CHAPTER 5 RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. :- Article Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. 35. Retaining chaplains. :- Article Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with the international religious organisations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. 36. Prisoners who are ministers of religion. :- Article Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. 37. Prisoners without a minister of their religion. :- Article When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. 38. Recreation, study, sports and games. :- Article While, respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games, amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise including sports and games and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER 6 PERSONAL PROPERTY AND FINANCIAL RESOURCES 39. Administration. :- Article Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his Government, for its application. Saluting. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. 40. Badges and decorations. :- Article The wearing of badges of rank and nationality, as well. as of decorations shall be permitted. 41. Posting of the Convention, and of regykatuib and orders concerning prisoners. :- Article In every camp the text of present Convention and its Annexes and the contents of any special agreement provided for in article 6, shall be posted, in the prisoner's own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. 42. Use of weapons. :- Article The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. CHAPTER 7 ADMINISTRATION AND DISCIPLINE 99. Camp administration, Posting of the Convention and of orders :- Article . 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. 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. 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. 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. 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. Every order and command addressed to internees individually must, likewise, be given in a language which they understand. 100. General discipline :- Article . 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. Identification by tatooing or imprinting signs or markings on the body, is prohibited. In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited. 101. Complaints and petitions :- Article . 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. 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. Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognised to be unfounded they may not occasion any punishment. 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. 102. Internee committees. I. Election of members :- Article . 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. The members of the Committee shall be eligible for re-election. Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. 103. II.Duties :- Article The Internee Committee shall further the physical, spiritual and intellectual well-being of the internees. In case the internees decide, in particular, to organise a system of mutual assistance amongst themselves, this organisation would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention, 104. III.Prerogative :- Article . Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby. Members of Internee Committees may appoint from amongst the internees such assistants as they may require. 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.). 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. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107. Members of Internee Committees who are transferred shall be allowed a resonale time to acquaint their successors with current affairs. CHAPTER 8 RELATIONS WITH THE EXTERIOR 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 9 PENAL AND DISCIPLINARY SANCTIONS 117. General provisions. Applicable legislation :- Article . Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detianed will continue to apply to internees who commit offences during internment. 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. No internee may be punished more than once for the same act, or on the same count. 118. Penalties :- Article . The courts or authorities shall in passing sentence take as far possible into account the fact that the defendant is not a national of the Detaining Power. 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. Imprisonment in premises without daylight, and in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. 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. Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. 119. Disciplinary punishments :- Article . The disciplinary punishments applicable to internees shall be the following :- (1) A fine which shall not exceed 5 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. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee's age, sex and state of health. 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. 120. Escapes :- Article . 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. 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. Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. 121. Connected offences :- Article . Escaped, 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. 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. 122. Investigation, Confinement awaiting hewing :- Article . Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible. 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. Its duration shall in any case be deducted from any sentence of confinement. The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline, 123. Competent authorities. Procedure :- Article . 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. 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. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee. The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month. 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. 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. 124. Premises for disciplinary punishments :- Article . Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness. Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. 125. Essential safeguards :- Article . Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmity of the place of internment or to a hospital. They shall have permission to read and write, likewise to send and receive letters. 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. No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention. 126. Provisions applicable to judicial proceedings :- Article . The provisions of Articles 71 to 76 inclusive shall apply, by anology, to proceedings against the internees who are in the national territory of the Detaining Power. CHAPTER 10 TRANSFERS OF INTERNEES 127. Conditions :- Article . The transfer of internees shall always be effected humanly. 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. 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. 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. 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. 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. 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. 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. 128. Method :- Article . In the event of transfer. Internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee. Mail and parcels addressed to their former place of internment shall be forwarded to them without delay. The commencement 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. CHAPTER 11 DEATHS 129. Wills :- Article . Death certificates. The wills of internees shall be received for safe-keeping by the responsible authorities; in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated. 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. 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 to the Central Agency referred to in Article 140. 130. Burial :- Article . Cremation. 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 and that their graves are respected, properly maintained, and marked in such a way that they can always be recognised. Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. 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. 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 deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists include all particulars necessary for the identification o f the deceased internees, as well as the exact location of their graves. 131. Internees lulled or injured in special circumstances :- Article . 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. A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power. 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. CHAPTER 12 RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 132. Internees lulled or injured in special circumstances :- 133. After the close of hostilities :- Article . Internment shall cease as soon as possible after the close o f hostilities. 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. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty. 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. 134. Repatriation and return to last place of residence :- Article . 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. 135. Costs :- Article . 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. 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 internee's repatriation. If, however, the internee elects to return to his country on his own responsiblity 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. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request. 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. 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. 136. National Bureaux :- Article . Upon the outbreak of a conflict 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. 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. Transmission of information. 137 :- 138. Particulars required :- Article . 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 adivse his next of kin quickly. 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. 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. 139. Forwarding of personal valuables :- Article . 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; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. 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. Detailed records shall be maintained of the receipt and despatch of all such valuables. 139. Central Agency :- Article . 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; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. 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. Detailed records shall be maintained of the receipt and despatch of all such valuables. 141. Exemption from charges :- Article . The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Art. 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. PART EXECUTION OF THE CONVENTION 142. Relief Societies and other organisations :- Article . 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 organisations, 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. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons. The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times. 143. Supervision :- Article . 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. 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. Such visits may not be prohibited except for reasons of imperative military necessity and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted. Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupyipg 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. The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. 144. Dissemination of the Convention :- Article . The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present- convention as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military and if possible, civil instruction, so that the principle's thereof may become known to the entire population. Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions. 145. Translations Rules of application :- Article . 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. 145. I. General observations :- Article . 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. 147. II. Grave breaches :- Article . Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention; wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected persons, compelling a protected persons to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. 148. III. Responsibilities of the Contracting Parties :- Article . No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contractin Party in respect of breaches referred to in the preceding Article. 149. Enquiry procedure :- Article . At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 150. Languages :- Article . The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 151. Signature :- Article . The present Convention, which bears the date of this day; is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949. 152. Signature :- 153. Coming into force :- Article . The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 154. Coming into force :- 155. Accession :- Article . From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed to accede to this Convention. 156. Notification of accessions :- Article . Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 157. Immediate effect :- Article . The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from parties to the conflict. 158. Denunciation :- Article . Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the , Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations conected with release, repatriation and re-establishment of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of t h e law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience. 159. Registration with the United Nations :- Article . The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this 12th day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. PART GENERAL PROVISIONS 1. Respect for the Convention. :- Article The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. 2. Application of the Convention. :- Article In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 3. Conflicts not Of an international character. :- Article In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:- (1) Persons taking no active part in the hostilities, including members of armed forces-who have laid down their rms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in a n y place-whatsoever with respect to the abovementioned persons:- (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted Court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The parties .to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall .not affect the legal status of the Parties to the conflict. 4. Definition of protected persons. :- Article A. Prisoners of War, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy :- (1) Members of the armed forces of Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organised resistance moverments; belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:.- (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law: (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect tthe laws and customs of war. . ; B. The following shall likewise be treated .as prisoners of war under the present Convention:- (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed-forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a .view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non- belligerent Powers on,their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10,15,30, fifth paras 58- 67,92,126 and, where diplomatic relations exist between the Parties lo the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present .Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. 5. Derogations. :- Article The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent Tribunal. 6. Beginning and end of application. :- Article In addition to the agreements expressly provided for in Articles 10,23,28,33,60,65,66,67,72,73,75, 109, 110, 118,119,122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of-prisoners of war as defined by the present Convention, nor restrict the rights which it confers upon them. Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. 7. special agreements. :- Article Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. 8. Non-renunciation of rights. :- Article . The present Convention shall be applied with the co- operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any Case exceed their mission under the present Convention. They shall in-particular, take account of the imperative necessities of security of the State wherein they carry out their duties. 9. Protecting Powers. :- 10. Activities of the International Committee of the Red Cross. :- Article The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When prisoners of war do not benefit or cease to .benefit, no matter for what reason, by the activities of Protecting Power or of an organisation provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed, under the present Convention by a Protecting Power designed by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral power or any organisation invited by the Power concerned or offering itself for these purposes,shall be required to act with a sense of responsibility, towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to Undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between powers One of which is restricted even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organisations in the sense of the present Article. 11. Substitutes for Protecting Power. :- Article In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, wlio shall be invited to take part in such a meeting. 12. Conciliation Procedure :- Article In case where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsbile for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power, or delegated by the International CoMmittee.of the Red Cross, who shall be invited to take part in such a meeting. PART GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR 13. Field of application of Part II. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 13. Hospital and safety zones and localities. :- Article Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody i s prohibited and will be regarded 'as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of repraisal against prisoners of war are prohibited. 15. Neutralised zones. :- Articles ; The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. 16. Wounded and sick. :- Article Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. 17. . :- Article II. Evacuation. The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. 18. . :- Article III. Protection of hospitals. Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict. States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19. Civilian hospitals shall be marked by means of the emblem provided for in Art. 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State. The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. 19. . :- Article IV. Discontinuance of protection of hospitals. The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may however, cease only after due warning has been given, naming, in all appropriate cases, areasonable time limit, and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy. 20. . :- Article V. Hospital staff. Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected. In occupied territory and in zones of military operations, the above personnel shall be recognisable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water resistant armlet which they shall wear on the left arm while carrying out .their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed. The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. 21. . :- Article VI. Land and sea transport. Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field Of August 12, 1949. 22. . :- Article VII. Air transport. Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Unless agreed otherwise flights over enemy or enemy occupied territory are prohibited. Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. 23. . :- Article Consignment of medical supplies, food and clothing. Each High contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing; (a) that the consignments may be diverted from their destination, (b) that the control may not be effective, or (c) that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods. The Power which allows the passage of the consigments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers, Such consigments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. 24. Measures relating to child welfare. :- Article The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs or by some other means. 25. Family news. :- Article All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a stirctly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay. If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month. 26. Dispersed families. :- Article Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organisations engaged on this task provided they are acceptable to it and conform to its security regulations. PART STATUS AND TREATMENT OF PROTECTED PERSONS 27. Treatment. :- Article 1. General observations. 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. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. 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. 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. 28. . :- Article II. Danger zones. The presence of a protected person may not be used to render certain points or areas immune from military operations. 29. . :- Article III. Responsibilities. 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. 30. Application to Protecting Powers and relief organizations. :- Article 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 orgnizations that might assist them. These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations. 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. 31. Prohibition of coercion. :- Article No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. 32. Prohibition of corporal punishment, torture, etc. :- Article The High Contracting Parties specifically agree that each of them is prohibited from taking any measures of such a character as t o cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutation 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. 33. Individual responsibility, collective penalties, pillage, reprisals. :- Article No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited. 34. Hostages. :- Article The taking of hostages is prohibited. SECTION II ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT 35. Right to leave the territory. :- Article 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 interest of the State. 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. 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. 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. 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. 36. Method of repatriation. :- Article Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. 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 neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. 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. 37. Persons in confinement :- Article Protected persons who are confined pending proceedings or subject to a sentence involving loss of liberty shall during their confinement be humanely treated. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. 38. Non-repatriated persons. :- Article I. General observations With the exception of special measures authorised by the present Convention, in particular by Articles 27and 41 thereof, the situation of protected persons shall continue to beregulated, in principle by the provisions concerning aliens in time of peace. 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 authorised 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. 39. . :- Article II. Means of existence Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. 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. 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. Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30. 40. . :- Article III. Employment 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. If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feedings, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations. 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. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. 41. . :- Article IV. Assigned residence. Internment 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 more severe than that of assigned residence or internment, in accordance with the provisions of Arts. 42 and 43. 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, Sec. IV of this Convention. 42. . :- Article V. Grounds for internment of assigned residence. Voluntary internment The interment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. 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. 43. . :- 44. . :- Article VII. Refugees 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. 45. . :- Article VIII. Transfer to another Power Protected persons shall not be transferred to a Power which is not a party to the Convention. 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. 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. 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. Nevertheless, if that Power fails t o 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. Such request must be complied with. In on circumstances shall a protected person be transferred to a coutnry where he or she may have reason to fear persecution for his or her political opinions or religious beliefs, 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. 46. Cancellation of restrictive measures :- Article 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. 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. SECTION 3 OCCUPIED TERRITORIES 47. Inviolability of rights :- Article Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. 48. Special cues of repatriation :- Article Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article. 49. Deportations, transfers, evacuations :- Article Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutriation, and that members of the same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. 50. Children :- Article The Occupying Power shall, with the co-operation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps of facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. 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. Particulars of their parents or other near relatives should always be recorded if available. The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. 51. Enlistment Labour :- Article The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted. The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour. The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation inforce in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary trailing and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi- military character. 52. Protection of workers :- Article No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. 53. Prohibited destruction :- Article Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities or to social or co- operative organisations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. 54. Judges and public officials :- Article The Occupying Power may not alter the status of public officials or Judges in the occupied territories, or in any way apply sanctioning to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience. This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts. 55. Food and medical supplies for the population. :- Article To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate, The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except, for use by the occupation forces and .administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Convention, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements. 56. Hygiene and public health. :- Article To the fullest extent of the means available to it,the Occupying Power has the duty of ensuring and maintaining, with the co-operation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties. If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory. 57. Requisition of hospitals :- Article The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation. The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population. 58. Spiritual assistance :- Article The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of the religious communities. The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. 59. Relief. :- Article I. Collective relief If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee, of the Red Cross, shall consist in particular, of the provision of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection. A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. 60. . :- Article II. Responsibilities of the Occupying Power Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55,56 and 59. The Occupying Powers shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. 61. . :- Article III. Distribution The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the co- operation and under the supervision of the Protecting Power. This duty may also be delegated by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body. Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments. All Constracting parties shall endeavour to permit t h e transit and transport, free of charge, of such relief consignments on their way to occupied territories. 62. . :- Article IV. Individual relief Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. 63. National Red Cross and other relief societies :- Article Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power: (a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities undersimilar conditions; (b) the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities. The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be estalished, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues. 64. Penal legislation. :- Article I. General observations The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws. The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communications used by them. 65. . :- Article II. Publications The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. 66. . :- Article III. Competent Courts In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. 67. . :- Article IV. Applicable provisions The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportional to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. 68. . :- Article V. Penalties, Death penalty Protected persons who commit an offence which is solely intended to harm the Occupying Powers, but which 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 offence committed. Furthermore, internment o r imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period. The penal provisions promulgated by the Occupying Power in accordance with Annies 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began. The death penalty may not be pronounced against a protected person unless the attention of the court has bet ,i particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence. 69. . :- Article VI. Deduction from sentence of period spent under arrest In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded. 70. . :- Article VII. Offences committed before occupation Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. 71. . :- Article Penal procedure. I General observations No sentence-shall be pronounced by the competent courts of the Occupying Power except after a regular trial. 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. 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. 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. 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. 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. 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, 72. . :- Article II. Right of defence Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. 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, Falling a choice by the accused, the Protecting Power may provide him with an advocate or counsel. 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. Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in Court. They shall have the right at any time to object to the interpreter and to ask for his replacement. 73. . :- Article III. Right of appeal A convicted person shall have the right of appeal provided for by the laws applied by the Court. Hi shall be fully informed of his right to appeal or petition and of the time limit within which he may do so, The penal procedure provided in the present Section shall apply, as far as it is applicable to appeals. 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. 74. . :- Article IV. Assistance by the Protecting Power 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. A notification in respect of the date and place of trial shall be sent to the Protecting Power. 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. 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 sentences are to be served. 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. Any period allowed for appeal in the case of sentence 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. 75. . :- Article V. Death sentence In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve, 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 confiriming such death sentence, or of an order denying pardon or reprieve. 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. 76. . :- Article Treatment of detainees Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. 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. They shall receive the medical attention required by their state of health. They shall also have the right to receive any spiritual assistance which they may require. Women shall be confined in quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors. 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. Such persons shall have the right to receive at least one relief parcel monthly. 77. . :- Article Handing over of detainees at the close of occupation Protected persons who have been accused of offences or convicted by the Courts in-occupied territory, shall be handed over at the close of occupation with the relevant records, to the authorities of the liberated territory. 78. . :- Article Security measures, Internment and assigned residence. Right of appeal 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, 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. This procedure shall include the right of appeal for the parties concerned. Appeals shall b e decided with the least possible delay. 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. 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. CHAPTER 1 GENERAL PROVISIONS 78. Complaints and requests. :- Article Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and; complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, theymay not give rise to any punishment. Prisoners representatives may send periodic reports on the situation in the camps and the needs of the prisons .of war to the representatives of the Protecting Powers. CHAPTER 2 PLACES OF INTERNMENT 79. Election. :- Article In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with . representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organisation which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be choosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of. war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by bis fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In a l l cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus prisoners of war distributed in different sections of a camp, according to their nationality, language or customs shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. 80. Duties. :- Article Prisoners respresentatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organisation will bewithin the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. 81. Prerogatives. :- Article Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is hereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative. All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER 3 FOOD AND CLOTHING 82. Applicable legislation. :- Article A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. 83. Choice of disciplinary or judicial proceeding. :- Article In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 84. Courts. :- Article A prisoner of war shall be tried only by a miliary Court unless the existing laws of the Detaining Power expressly permit the Civil Courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which don not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular the procedure of which does not afford the accused the rights and means of defence provided form Article 105. 85. Offences committed before capture. :- Article Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. 86. Non bis in idem. :- Article No prisoner of war may be punished more than once for the same act or on the same charge. Note: Does this mean that the prisoner of war gets immunity from punishment for continuing such conduct, after having been once punished therefor? 87. Penalties. :- Article Prisoners of war may not be sentenced by the military authorities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the Courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said Courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power or prevented from wearing his badges. 88. Execution of penalties. :- Article Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoner of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. 89. General observations. :- Article The disciplinary punishment applicable to prisoners of war the following:- 1. Forms of punishment. (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 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. (4) Confinement. The punishment referred to under (3) shall not be applied for officers. In no case shall disciplinary punishment be inhuman, brutal or dangerous to the health of prisoners of war. 90. II. Duration of punishments. :- Article The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. ' The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war 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. 91. Escapes. I. Successful escape. :- Article The escape of a prisoner of war shall be deemed to have Succeeded when:- (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of a Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this article and who are recaptured, shall not be liable to any punishment in respect of their previous escape, 92. II. Unsuccessful escape. :- Article A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment, in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. 93. III. Connected offences. :- Article Escape or attempt to escape, even if it a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial byjudicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, inch as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. 94. IV. Notification of recapture. :- Article If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defilled in Article 122, provided notification of his escape has been made. 95. Procedure. I. Confinement awaiting hearing. :- Article A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of the Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. 96. II. Competent authorities and right of defence. :- Article Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be orderd only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers bedelegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an apportunity of explaining his conduct and of defending himself. He ^hall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. 97. Execution of punishment. 1. Premises. :- Article Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non- commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from made prisoners of war and shall be under the immediate supervision of women. 98. II. Essential safeguads. :- Article A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessry, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. 99. Essential rules. :- Article I. General principles. No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the said act was committed. No normal or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. 100. II. Death penalty. :- Article Prisoners of war and the Protecting Powers shall be informed, as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Officer offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and he is in its power as the result of circumstances independent of his own will. 101. III. Delay in execution of the death penalty. :- Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. 102. Procedure. I. Conditions for validity of sentence. :- Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if furthermore the provisions of the present Chapter have been observed. 103. II. Confinement awaiting trial (Deduction from sentence, treatment). :- Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interest of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war, whilst in confinement awaiting trial. 104. III. Notification of proceedings. :- Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information:- (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoner's representative. If no evidence is submitted, at the opening of a trial that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. 105. IV. Rights and means of defence. :- Article The prisoner of war shall be entitled to assistance by one of h i s prisoner comrades, to defence by a qualified advocate or counsel of his own choice to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. 106. V. Appeals. :- Article Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. 107. VI. Notification of findings and sentence. :- Article Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoner's representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment Where the sentence will be served. ' The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. 108. Execution of penalties. Penal regulations. :- Article Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive an8 despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. CHAPTER 4 HYGIENE AND MEDICAL ATTENTION 33. Rights and privileges of retained personnel. :- Article Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners o f war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to, prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:- (a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. (b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 1 This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. (c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. None of the the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view, 1. Annexure Vis not found printed in the Gazette along with the Present Convention; Hence not given in this Act. CHAPTER 5 RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 34. Religious duties. :- Article Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. 35. Retaining chaplains. :- Article Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with the international religious organisations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. 36. Prisoners who are ministers of religion. :- Article Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. 37. Prisoners without a minister of their religion. :- Article When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. 38. Recreation, study, sports and games. :- Article While, respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games, amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise including sports and games and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER 6 PERSONAL PROPERTY AND FINANCIAL RESOURCES 39. Administration. :- Article Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his Government, for its application. Saluting. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. 40. Badges and decorations. :- Article The wearing of badges of rank and nationality, as well. as of decorations shall be permitted. 41. Posting of the Convention, and of regykatuib and orders concerning prisoners. :- Article In every camp the text of present Convention and its Annexes and the contents of any special agreement provided for in article 6, shall be posted, in the prisoner's own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. 42. Use of weapons. :- Article The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. CHAPTER 7 ADMINISTRATION AND DISCIPLINE 99. Camp administration, Posting of the Convention and of orders :- Article . 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. 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. 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. 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. 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. Every order and command addressed to internees individually must, likewise, be given in a language which they understand. 100. General discipline :- Article . 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. Identification by tatooing or imprinting signs or markings on the body, is prohibited. In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited. 101. Complaints and petitions :- Article . 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. 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. Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognised to be unfounded they may not occasion any punishment. 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. 102. Internee committees. I. Election of members :- Article . 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. The members of the Committee shall be eligible for re-election. Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. 103. II.Duties :- Article The Internee Committee shall further the physical, spiritual and intellectual well-being of the internees. In case the internees decide, in particular, to organise a system of mutual assistance amongst themselves, this organisation would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention, 104. III.Prerogative :- Article . Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby. Members of Internee Committees may appoint from amongst the internees such assistants as they may require. 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.). 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. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107. Members of Internee Committees who are transferred shall be allowed a resonale time to acquaint their successors with current affairs. CHAPTER 8 RELATIONS WITH THE EXTERIOR 46. Conditions :- Article . The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food arid drinking water to keep them ingood health, likewise with the necessary clothing, sheltera, medical and attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or air, to ensure their safety during transfer, and shall draw up a complete list of all transferred, prisoners before their departure. 47. Circumstances precluding transfer. :- Article Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaifting on the spot than by being transferred. 48. Procedure for transfer. :- Article In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case-be more than twent-five kilograms per head. Mail and parcels addresser to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoner's representatives, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this article. The costs of transfers shall be borne by the Detaining Power. 49. General observations. :- Article The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non- commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. 50. Authorised work. :- A rticle Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:- (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. 51. Working conditions. :- Article Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed insimilar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 52. Dangerous or humiliating labour. :- Article Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. 53. Duration of labour. :- Article The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed; in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid to him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby, 54. Working pay, occupational acidents and diseases. :- Articles The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or 'ip consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. 55. Medical supervision. :- Article The fitness of prisoners of war for work shall be periodically verified by medical examinations, at least once a which prisoners of war are required to do. If any prisoner of war considers himself incapable oo the nature of the work f working, he shall be permitted to appear before the medical authorities of his camp; Physicians or Surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. 56. Labour detachments. :- Article The organisation and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the Commander of the said camp shall be responsible, under the direction of their Government, for the observance of the provisions of the present Convention in labour detachments. The camp Commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, or the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 57. Prisoners working for private employers. :- Article The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. 58. Ready money. :- Article Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoner; of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. . 59. Amount in cash taken from prisoners. :- Article Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. 60. Advances of pay. :- Article . ... The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall befixed by conversion, into the currency of the said Power, of the following amounts:- Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of-equivalent rank: twelve Swiss francs. Category III : Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: Seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicted above, the Detaining Power- (a) shall continue to credit the amounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but winch for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. 61. Supplementary pay. :- Article The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. 62. Working pay. :- Article Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Powers shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. 63. Transfer of funds. :- Article Prisoners of war shall be permitted to receive remittances of money to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority. In any event, and subject to the consent of the power on which they depend prisoners may have payments made in their own country, a s follows: the Detaining Power shall send to the aforesid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annexure V 1 of the present Convention. 1. See Schedule III. 64. Prisoners accounts. :- Article The Detaining Power shall hold an account for each prisoner of war, showing at least the following :- (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. 65. Management of prisoners accounts. :- Article Every item entered in the account of a prisoner of war shall b e countersigned or initialled by him, or by the prisoners' representative acting on his behalf, Prisoners of war shall at, all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. The parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. 66. Winding up of accounts. :- Article On the termination ofcapt,iyity, through the release of a prisoner of war or his repatriation, the Detaining Power, shall give him astatement, signed by an authorised officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the Government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorised representative of the Detaining Power. \\ Any of the above provisions of this Article may be varied by mutual agreement between any. two parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. 67. Adjustments between parties to the conflict. :- Article Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the power o n which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. 68. Claims for compensation. :- Article Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Agency for Prisoners of War provided for in Article 123. 69. Notification of measures taken. :- Article Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. 70. Capture card. :- Article Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model 1 annexed to the present Convention informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. 1. See Schedule III. 71. Correspondence. :- Article Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necesary censorship: If limitations must be placed on the coirespondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons, Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great dostamce from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents and must be addressed to offices of destination. 72. Relief shipments. I. General principles. :- Article Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. 73. II. Collective relief. :- Article In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the rights of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the receipients. 74. Exemption from postal and transport charges. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war o r despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 74. Special mews of transport. :- Article All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention, shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. 76. Censorship and examination :- Article The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow- prisoner duly delegated by him. The delivery to prisoners of individualor collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. 77. Preparation, execution and transmission of legal documents. :- Article The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123; of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular they shall allow to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. CHAPTER 9 PENAL AND DISCIPLINARY SANCTIONS 117. General provisions. Applicable legislation :- Article . Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detianed will continue to apply to internees who commit offences during internment. 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. No internee may be punished more than once for the same act, or on the same count. 118. Penalties :- Article . The courts or authorities shall in passing sentence take as far possible into account the fact that the defendant is not a national of the Detaining Power. 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. Imprisonment in premises without daylight, and in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. 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. Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. 119. Disciplinary punishments :- Article . The disciplinary punishments applicable to internees shall be the following :- (1) A fine which shall not exceed 5 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. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee's age, sex and state of health. 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. 120. Escapes :- Article . 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. 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. Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. 121. Connected offences :- Article . Escaped, 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. 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. 122. Investigation, Confinement awaiting hewing :- Article . Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible. 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. Its duration shall in any case be deducted from any sentence of confinement. The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline, 123. Competent authorities. Procedure :- Article . 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. 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. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee. The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month. 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. 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. 124. Premises for disciplinary punishments :- Article . Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness. Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. 125. Essential safeguards :- Article . Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmity of the place of internment or to a hospital. They shall have permission to read and write, likewise to send and receive letters. 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. No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention. 126. Provisions applicable to judicial proceedings :- Article . The provisions of Articles 71 to 76 inclusive shall apply, by anology, to proceedings against the internees who are in the national territory of the Detaining Power. CHAPTER 10 TRANSFERS OF INTERNEES 127. Conditions :- Article . The transfer of internees shall always be effected humanly. 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. 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. 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. 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. 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. 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. 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. 128. Method :- Article . In the event of transfer. Internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee. Mail and parcels addressed to their former place of internment shall be forwarded to them without delay. The commencement 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. CHAPTER 11 DEATHS 129. Wills :- Article . Death certificates. The wills of internees shall be received for safe-keeping by the responsible authorities; in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated. 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. 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 to the Central Agency referred to in Article 140. 130. Burial :- Article . Cremation. 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 and that their graves are respected, properly maintained, and marked in such a way that they can always be recognised. Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. 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. 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 deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists include all particulars necessary for the identification o f the deceased internees, as well as the exact location of their graves. 131. Internees lulled or injured in special circumstances :- Article . 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. A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power. 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. CHAPTER 12 RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 132. Internees lulled or injured in special circumstances :- 133. After the close of hostilities :- Article . Internment shall cease as soon as possible after the close o f hostilities. 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. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty. 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. 134. Repatriation and return to last place of residence :- Article . 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. 135. Costs :- Article . 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. 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 internee's repatriation. If, however, the internee elects to return to his country on his own responsiblity 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. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request. 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. 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. 136. National Bureaux :- Article . Upon the outbreak of a conflict 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. 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. Transmission of information. 137 :- 138. Particulars required :- Article . 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 adivse his next of kin quickly. 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. 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. 139. Forwarding of personal valuables :- Article . 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; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. 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. Detailed records shall be maintained of the receipt and despatch of all such valuables. 139. Central Agency :- Article . 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; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. 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. Detailed records shall be maintained of the receipt and despatch of all such valuables. 141. Exemption from charges :- Article . The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Art. 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. PART EXECUTION OF THE CONVENTION 142. Relief Societies and other organisations :- Article . 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 organisations, 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. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons. The special position of the International Committee of the Red Cross in this field shall be recognised and respected at all times. 143. Supervision :- Article . 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. 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. Such visits may not be prohibited except for reasons of imperative military necessity and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted. Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupyipg 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. The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. 144. Dissemination of the Convention :- Article . The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present- convention as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military and if possible, civil instruction, so that the principle's thereof may become known to the entire population. Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions. 145. Translations Rules of application :- Article . 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. 145. I. General observations :- Article . 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. 147. II. Grave breaches :- Article . Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention; wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected persons, compelling a protected persons to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. 148. III. Responsibilities of the Contracting Parties :- Article . No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contractin Party in respect of breaches referred to in the preceding Article. 149. Enquiry procedure :- Article . At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. 150. Languages :- Article . The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. 151. Signature :- Article . The present Convention, which bears the date of this day; is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949. 152. Signature :- 153. Coming into force :- Article . The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. 154. Coming into force :- 155. Accession :- Article . From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed to accede to this Convention. 156. Notification of accessions :- Article . Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. 157. Immediate effect :- Article . The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from parties to the conflict. 158. Denunciation :- Article . Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the , Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations conected with release, repatriation and re-establishment of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of t h e law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience. 159. Registration with the United Nations :- Article . The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this 12th day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.