Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949
Presentation by Justin Ordoyo
University of the Philippines College of Law
1. Geneva Convention (III)
Relative to the Treatment
of Prisoners of War
of August 12, 1949
Justin Adriel Espaldon Ordoyo
U.P. College of Law
2. Abbreviations
GC III Third Geneva Convention
HCP High Contracting Parties
POW Prisoner of war
AC Armed conflict
PC Party to the conflict
OC / OP / NC Occupied country / Occupying Power / Neutral country
DP / NP Detaining Power / Neutral Power
PD / AP / PP Power on which he depends / Allied Power / Protecting Power
4. PART I : GENERAL PROVISIONS
1 Respect for GC III HCP undertake to respect and ensure respect for GC III
2 Application of
the Convention
• Declared war or any AC between 2 or more HCP
• Even if state of war is not recognized by 1 of them
• Partial/Total occupation of HCP territory
• Even without armed resistance
3 Conflicts not of
an int’l character
Persons taking no active part in the hostilities, including
• Those who have laid down their arms
• Those placed hors de combat …shall be treated humanely
The ff. acts are prohibited with respect to these persons:
• Violence to life and person
• Taking of hostages
• Outrages upon personal dignity
• Passing of sentences without previous judgment
The wounded and sick shall be collected and cared for.
An impartial humanitarian body (like ICRC) may offer its services.
I
5. 4 Prisoners of war Those who belong to one of the ff. categories and have fallen
into the power of the enemy:
1) Members of the armed forces of a PC and members of militias
or volunteer corps forming part thereof
2) Members of other militias or volunteer corps, including
organized resistance movements that fulfil the ff. conditions:
(a) Commanded by a person responsible for his subordinates
(b) Have a fixed distinctive sign recognizable at a distance
(c) Carry arms openly
(d) Conduct their ops in accord with laws & customs of war
3) Members of regular armed forces who profess allegiance to a
govt. or authority not recognized by the Detaining Power
4) Persons who accompany the armed forces w/o being
members thereof
5) Members of crews of the merchant marine and of civil aircraft
of PC who do not benefit by more favourable treatment
under other provisions of int’l law
6) Inhabitants of a non-occupied territory who spontaneously
take up arms to resist invading forces, provided (c) and (d)
I
6. 4 Prisoners of war
(continued)
The ff. shall likewise be treated as POW under GC III:
1) Persons belonging, or have belonged, to OC armed forces if
OP considers it necessary by reason of such allegiance to
intern them
2) Persons belonging to one of the herein categories who have
been received by neutral or non-belligerent Powers and
whom these Powers are required to intern under int’l law
5 Beginning & end
of application
• From time they fall into power of enemy until release & repat.
• If any doubt, presumption that they enjoy protected status
6 Special
agreements
HCP may conclude other agreements for all matters concerning
which they may deem it suitable to make separate provision
7 No renunciation POW may NOT renounce their GC III rights whether in part/whole
8 Protecting
Powers (PP)
GC III shall be applied with their cooperation and under their
scrutiny. Their duty is to safeguard the interests of PCs.
9 Activities of the
ICRC
GC III provisions constitute NO obstacle to the humanitarian
activities of the ICRC or any other impartial humanitarian org.
10 Substitutes for PP HCP may agree to entrust PP duties to an org.
11 Conciliation In cases of disagreement, PPs shall lend their good offices to PCs
I
7. PART II : GENERAL PROTECTION of POWs
12 Responsibility for
POW treatment
POWs are in the hands of the enemy Power, NOT of those who
captured them. DP is responsible for the treatment given them
13 Humane
treatment of
prisoners
• POWs must be humanely treated and protected from acts of
violence or intimidation and against insults and public curiosity
• Prohibition on subjecting them to mutilation or medical or
scientific experiments, and measures of reprisal
14 Respect for the
persons of POWs
• POWs are entitled to respect for their persons and their honor
• Women shall be treated with all regard due to their sex
15 Maintenance of
prisoners
DP bound to provide free of charge for their maintenance and
medical attention required by their state of health
16 Equality of
treatment
DP shall treat all POWs alike without any adverse distinction
based on race, nationality, religious belief or political opinions
II
8. PART III : CAPTIVITY
Beginning of Captivity
17 Questioning of
prisoners
• POWs bound to give only their surname, first names and rank,
date of birth, serial number, or equivalent info
• Prohibition on physical or mental torture
• POWs who are unable to state their identity owing to their
condition shall be handed over to medical service
• Questioning shall be in a language they understand
18 Property of
prisoners
• All articles of personal use shall remain in POW possession
• except arms, horses, military equipment, military documents
• The ff. may not be taken from them:
• Identity documents
• Badges of rank and nationality, decorations and articles
having a personal or sentimental value
• Sums of money (except by order of an officer, after
recording, and after an itemized receipt has been given)
19 Evacuation POWs shall be evacuated ASAP after their capture to safe camp
20 Conditions Evacuation shall always be effected humanely
III
I
9. Internment of POWs
General Observations
21 Restriction of
liberty and
movement
DP may subject POWs to internment…
22 Places and
conditions of
interment
…only in premises located on land and affording every
guarantee of hygiene and healthfulness
23 Security of
prisoners
No POW may be sent to, or detained in areas where he may be
exposed to the fire of the combat zone
24 Permanent transit
camps
Permanent transit or screening camps shall be fitted out under
conditions similar to those herein described
III
II
I
10. Internment of POWs
Quarters, Food and Clothing
25 Quarters POWs shall be quartered under conditions as favourable as those
for DP forces who are billeted in the same area
26 Food Basic daily food rations shall be sufficient in quantity, quality and
variety to keep POWs in good health
27 Clothing DP shall supply clothing, underwear and footwear in sufficient
quantities
28 Canteens Canteens shall be installed in all camps, where POWs may
procure foodstuffs, soap, tobacco and ordinary articles in daily
use
III
II
II
11. Internment of POWs
Hygiene and Medical Attention
29 Hygiene DP shall be bound to take all sanitary measures necessary to
ensure the cleanliness and healthfulness of camps
30 Medical
attention
• Every camp shall have an adequate infirmary
• POWs suffering from serious disease, or whose condition
necessitates special treatment, must be admitted to any
military or civilian medical treatment
• DP shall bear costs of treatment
31 Medical
inspections
These shall be held at least once a month
32 Prisoners
engaged on
medical duties
DP may require POWs to exercise their medical functions in the
interests of POWs dependent on the same Power.
III
II
III
12. Internment of POWs
Medical Personnel and Chaplains
33 Rights and
privileges of
retained
personnel
• Members of the medical personnel and chaplains while
retained by DP shall NOT be considered as POWs.
• They shall receive the benefits and protections of GC III
• They shall benefit by the following facilities in the exercise of
their medical and spiritual functions:
• They shall be authorized to visit POWs in working
detachments or hospitals outside the camp
• The senior medical officer shall be responsible to the camp
military authorities for the activities of medical personnel
• Although subject to internal discipline, they may not be
compelled to carry out any work other than their medical
or religious duties
III
II
IV
13. Internment of POWs
Religious, Intellectual and Physical Activities
34 Religious duties POWs shall enjoy freedom of exercise of their religious duties
35 Retained
chaplains
These shall be allowed to minister to POWs and to exercise freely
their ministry among POWs of the same religion
36 Prisoners who are
ministers of
religion
These, without having officiated as chaplains in their own forces,
shall be at liberty to minister freely to the members of their
community
37 Prisoners without
a minister of their
religion
These may request a minister belonging to the prisoners’ or a
similar denomination to fill this office, if such is feasible from a
confessional point of view
38 Recreation,
study, sports and
games
DP shall encourage the practice of intellectual, educational, and
recreational pursuits, sports and games amongst prisoners
III
II
V
14. Internment of POWs
Discipline
39 Administration;
Saluting
• Every POW camp shall be put under the immediate authority
of a responsible commissioned officer belonging to the regular
armed forces of DP
• POW, with the exception of officers, must salute and show to
all DP officers external marks of respect
• Officer POWs are bound to salute only higher-ranking DP
officer and the camp commander regardless of his rank
40 Badges Wearing of badges and decorations shall be permitted
41 Posting of the
Convention, and
of regulations
and orders
concerning
prisoners
• GC III and its Annexes shall be posted in every camp and in
the POW’s own language at places where all may read them
• Regulations, orders, notices and publications relating to POW
conduct shall be issued in a language they understand
• Every order and command addressed to POWs must be in a
language they understand
42 Use of weapons Use thereof against POWs are an extreme measure which shall
be preceded by warnings appropriate to the circumstances
III
II
VI
15. Internment of POWs
Rank of POWs
43 Notification of
ranks
PCs shall communicate to one another the titles and ranks of all
persons mentioned in Art. 4 upon the outbreak of hostilities
DP shall recognize promotions in rank
44 Treatment of
officers
Officers and POWs of equivalent status shall be treated with the
regard due to their rank and age
45 Treatment of
other prisoners
POWs other than officers and prisoners of equivalent status shall
be treated with the regard due to their rank and age
III
II
VII
16. Internment of POWs
Transfer of POWs after their Arrival in Camp
46 Conditions • DP, when deciding upon the transfer of POWs, shall take into
account the interests of the prisoners
• DP shall supply sufficient food, water, clothing, shelter and
medical attention
47 Circumstances
precluding
transfer
Sick or wounded POWs shall not be transferred as long as their
recovery may be endangered by the journey, UNLESS their safety
imperatively demands it
48 Procedure for
transfer
• POWs shall be officially advised of their departure and of their
new postal address
• They shall be allowed to take with them their personal effects,
correspondence and parcels
• Mail and parcels addressed to their former camp shall be
forwarded to them without delay
• DP shall bear costs of transfers
III
II
VIII
17. Labour of POWs
49 General
observations
• DP may utilize labour of POWs who are physically fit
• Non-commissioned officers who are POWs shall only be
required to do supervisory work
• Those not so required may ask for suitable work
50 Authorized work Besides work connected with camp administration, installation or
maintenance, POWs may compelled to do only such work in:
• Agriculture
• Industries connected with the production or the extraction of
raw materials, and manufacturing industries (except
metallurgical, machinery and chemical industries)
• Public works and building operations which have no military
character or purpose
• Transport and handling of stores which are not military in
character or purpose
• Commercial business, and arts and crafts
• Domestic service
• Public utility services having no military character or purpose
III
III
18. 51 Working
conditions
• POWs must be granted suitable working conditions, esp. as
regards accommodation, food, clothing and equipment
• DP shall ensure that national labor laws are applied
• POWs shall receive training and be provided with means of
protection suitable to the work they will have to do
• Conditions of labour shall in no case be rendered more
arduous by disciplinary measures
52 Dangerous or
humiliating
labour
• No POW may be employed in unhealthy or dangerous labour
• No POW shall be assigned to humiliating labour
• Removal of mines or the like shall be considered dangerous
53 Duration of
labour
• Duration of daily labour shall not be excessive and not exceed
that permitted for DP civilian workers employed in same work
• POWs must be allowed a rest of not less than one hour
54 Working pay;
Accidents and
diseases
• Working pay due to POWs shall be fixed in accord with Art. 62
• POW who sustain accidents or contract disease in connection
with their work shall receive the care their condition requires
55 Med. supervision Fitness for work shall be verified by medical exams at least 1/mo.
56 Labour detach. Their organization & administration shall be similar to POW camps
57 Prisoners working
for private emp.
Their treatment shall not be inferior to that provided by GC III.
III
III
19. Financial Resources of POWs
58 Ready money DP may determine max amount of cash or similar form that POWs
may possess. Any amount in excess shall be placed to their acct.
59 Cash taken Such cash shall be placed to their separate accounts
60 Advances of pay DP shall grant all POWs a monthly advance of pay
61 Supplement. pay DP shall distribute to POWs sums forwarded to them by PD
62 Working pay POWs shall be paid a working rate of pay by detaining authorities
63 Transfer of funds POWs shall be permitted to receive remittances
64 Prisoners’ accts DP shall hold an account for each POW
65 Same; Mgmt. Every item entered shall be countersigned by him/representative
66 Same; Wind up On termination of captivity, DP shall give a balance statement
67 Adjustments
between PCs
Advances of pay shall be considered as made on behalf of PD.
Such are subject to arrangements between Powers concerned.
68 Compensation These claims (injury/disability) shall be referred to PD, through PP
III
IV
20. Relations of POWs with the Exterior
69 Notification of
measures taken
DP shall inform them and PD, through PP, of the measures taken
to carry out the provisions of the present Section.
70 Capture card Every POW shall be enabled to write to his family and to Central
Prisoners of War Agency a card, similar to the model annexed,
informing his relatives of his capture, address and state of health
71 Correspondence • POWs shall be allowed to send and receive letters and cards
• If DP deems it necessary to limit it, such shall not be less than 2
letters and 4 cards monthly
• POWs who have been without news for a long time shall be
permitted to send telegrams
72 Relief shipments POWs shall be allowed to receive parcels or shipments. The only
limits are those proposed by PP, ICRC, or other assisting org.
73 Same; Collective
relief
Absent special agreements between Powers concerned on
conditions of collective relief shipments, annexed rules shall apply
74 Exemption from
charges
POW relief shipments, correspondence & authorized remittances
shall be exempt from import, customs, postal or other dues
III
V
21. 75 Special means of
transport
Should military operations prevent the Powers concerned from
assuring shipment transport, the concerned PP, ICRC or other org.
duly approved by PCs may undertake to ensure conveyance
76 Censorship and
examination
• Censoring of correspondence shall be done quickly
• Examination of consignments shall not be carried out under
conditions that will expose the goods to deterioration
77 Preparation,
execution and
transmission of
legal documents
• DP shall provide all facilities for the transmission, through PP or
Central Prisoners of War Agency, of instruments, papers or
documents intended for POW or dispatched by them,
especially powers of attorney and wills
• They shall facilitate the preparation and execution of such
documents on behalf of POWs and allow them to consult a
lawyer
III
V
22. Relations between POWs and Authorities
Complaints of POWs
78 Complaints and
requests
• POWS shall have the right to make known to the military
authorities in whose power they are, their requests regarding
their conditions of captivity
• Their requests and complaints shall not be considered part of
the correspondence quota
• POW representatives may send periodic reports on the camp
situation to PP representatives
III
VI
I
23. Relations between POWs and Authorities
Prisoner of War Representatives
79 Election • In all places where there are POWs (except in those where
there are officers) prisoners shall freely elect by secret ballot
every 6 months, and also in case of vacancies, prisoners’
representatives
• In camps for officers or mixed camps, the senior officer shall
be recognized as the representative
• Every representative must be approved by DP before he has
the right to commence his duties
• Prisoners’ representative must have the same nationality,
language and customs as the POWs whom he represents
80 Duties • Prisoners’ representative shall further the physical, spiritual and
intellectual well-being of POWs
• They shall not be held responsible for POW offences
81 Prerogatives • Prisoners’ representative shall not be required to perform any
other work if their duties are thereby made more difficult
• They may appoint assistants from amongst the prisoners
• They shall be allowed to visit places where POWs are detained
III
VI
II
24. Relations between POWs and Authorities
Penal and Disciplinary Sanctions
82 Applicable
legislation
• POWs shall be subject to the laws, regulations and orders in
force of DP armed forces
• DP shall be justified in taking judicial or disciplinary measures
• But no proceedings or punishments contrary to this Chapter
83 Disciplinary or
judicial
proceedings
In deciding between these, DP shall ensure that the competent
authorities exercise the greatest leniency and adopt, wherever
possible, disciplinary rather than judicial measures
84 Courts POWs shall be tried only by a military court unless DP law provides
85 Offences done
before capture
POWs prosecuted under DP law for acts committed prior to
capture shall retain, even if convicted, the benefits of GC III
86 “Non bis in idem” No POW may be punished more than once for the same act
87 Penalties • POWs may not be sentenced to any penalties except those
provided for in respect of members of DP armed forces who
have committed the same act
• Prohibition on collective punishment for individual acts,
corporal punishment, imprisonment in premises w/o daylight
III
VI
III
25. 88 Execution of
penalties
• Officers, NCOs and men who are POW shall not be subject to
more severe treatment than that applied to members of DP
armed forces of equivalent rank
• Women may not be sentenced to a punishment more severe
than a male member of DP armed forces for a similar offence
89 General; Forms
of punishment
Disciplinary punishments applicable to POWs are the ff.:
• Fine not exceeding 50% of advances of pay and working pay
• Discontinuance of privileges granted over and above the
treatment provided for by GC III
• Fatigue duties not exceeding 2 hours daily (N/A to officers)
• Confinement
90 Same; Duration Duration of a single punishment shall in no case exceed 30 days
91 Escape;
Successful
POW escape shall be deemed to have succeeded when:
• He has joined armed forces of PD or those of an AP
• He has left territory controlled by DP or DP ally
• He has joined a ship flying flag of PD or of an AP in DP waters
POWs who are recaptured shall not be liable due to escape
92 Same;
Unsuccessful
POW who attempts to escape and is recaptured before having
made good his escape shall be liable only to discip. punishment
III
VI
III
26. 93 Connected
offences
• Escape or attempt to escape shall not be deemed an
aggravating circumstance if POW is subjected to trial
• POWs who aid/abet an escape liable to discip. punish. only
94 Notification of
recapture
PD shall be notified thereof in the manner defined in Art. 122,
provided notification of his escape has been made
95 Procedure;
Confinement
awaiting hearing
POW accused of an offence against discipline shall not be kept
in confinement pending hearing unless a member of DP armed
forces would be so kept if accused of a similar offence, or if
essential to camp order and discipline. (Not exceeding 14 days)
96 Same;
Competent
authorities and
right of defence
• Acts which constitute offences against discipline shall be
investigated immediately
• Discip. punishment may be ordered only by an officer having
discip. powers or to whom he delegates it (except to POW)
97 Execution of
punishment;
Premises
• POWs shall not in any case be transferred to penitentiary
establishments to undergo disciplinary punishment
• Officers shall not be lodged in same quarters as NCOs or men
• Women shall be confined separately from male POWs
98 Same; Essential
safeguards
Confined POW shall continue to enjoy benefits of GC III except in
so far as these are necessarily rendered inapplicable
III
VI
III
27. 99 Judicial
Proceedings;
General
Principles
• No POW may be tried for an act not forbidden by DP laws or
international law in force at the time of its commission
• No moral/physical coercion may be exerted
• No conviction w/o opportunity to present defence and
assistance of a qualified advocate or counsel
100 Same; Death
Penalty
• POWs and PPs shall be informed ASAP of offences punishable
by the death sentence under DP laws
• Death sentence cannot be pronounced unless attention of
court has been called to the fact that the accused is not a DP
national and that he is in its power independent of his own will
101 Same; Delay in
exec. of the
death penalty
Sentence shall not be executed before the expiration of a period
of at least 6 months from the date when PP receives the detailed
communication provided for in Art. 107
102 Same;
Conditions for
validity of
sentence
Sentence is valid only if:
• Pronounced by the same courts according to the same
procedure as in the case of members of DP armed forces
• The provisions of the present Chapter have been observed
103 Same;
Confinement
awaiting trial
POW shall not be confined while awaiting trial unless a member
of DP armed forces would be so confined if accused of a similar
offence, or if essential to the interests of national security
III
VI
III
28. 104 Same;
Notification of
proceedings
At least 3 weeks before opening of trial, DP shall notify PP of:
• POW name, rank, serial number, DOB, and profession, if any
• Place of interment or confinement
• Specification of the charge/s on which POW is to be arraigned
• Designation of the court which will try the case + date & place
105 Same; Rights and
means of
defence
POW shall be entitled to and advised of his right to:
• assistance by one of his prisoner comrades
• defence by a qualified advocate or counsel of his choice
• calling of witnesses, and
• services of a competent interpreter, if he deems necessary
106 Same; Appeals Every POW shall have the right to appeal from any sentence
107 Same;
Notification of
findings and
sentence
Any judgment/sentence pronounced shall be reported to PP in
summary communication indicating whether POW may appeal.
If POW is finally convicted or if sentence in first instance is death,
DP shall address to PP a detailed communication containing:
• precise wording of the finding and sentence
• summarized report of preliminary investigation and of the trial
• notification of establishment where sentence will be served
108 Execution of
penalties
Sentences shall be served in the same establishments and under
same conditions as in the case of members of DP armed forces
III
VI
III
29. PART IV: TERMINATION OF CAPTIVITY
Repatriation & Accommodation in NC
109 General
observations
• PCs are bound to send back to their own country seriously
wounded or seriously sick POWs after having cared for them
until they are fit to travel
• No sick or injured POW who is eligible for repatriation may be
repatriated against his will during hostilities
110 Cases of
repatriation and
accommodation
The ff. shall be repatriated direct:
• Incurably wounded and sick
• Wounded and sick who are not likely to recover within 1 year
• Wounded and sick who have recovered but whose mental or
physical fitness seems be gravely and permanently diminished
The ff. may be accommodated in a neutral country:
• Wounded and sick whose recovery may be expected within 1
year if treatment in a neutral country might speed up recovery
• POWs whose mental or physical health is seriously threatened
by continued captivity but whose accommodation in a
neutral country might remove such threat
IV
I
30. 111 Internment in a
neutral country
DP, PD and NP agreed upon by DP and PD, shall endeavor to
conclude agreements which will enable POWs to be interned in
the territory of said NP until the close of hostilities
112 Mixed Medical
Commissions
Upon the outbreak of hostilities, MMCs shall be appointed to
examine sick & wounded POWs and make appropriate decisions
113 Prisoners entitled
to examination
by Mixed
Medical
Commissions
The ff. shall be entitled to present themselves for examination:
• Wounded & sick proposed by physician/surgeon who
exercises his functions in the camp
• Wounded & sick proposed by their prisoners’ representative
• Wounded & sick proposed by PD or by org. recognized by PD
114 POWs who meet
with accidents
Unless the injury is self-inflicted, these shall have the benefit of the
provisions of GC II as regards repatriation/accommodation in NC
115 Prisoners serving
a sentence
No POW on who a disciplinary punishment has been imposed
and who is eligible for repatriation/accommodation may be kept
back on the plea that he has not undergone his punishment
116 Repatriation cost Costs of repatriation from DP frontiers to NC shall be borne by PD
117 Activity after
repatriation
No repatriated person may be employed on active military
service
IV
I
31. Release and Repatriation of POWs
at the Close of Hostilities
118 Release and
repatriation
POWs shall be released and repatriated without delay after the
cessation of active hostilities. Costs shall be equitably
apportioned between DP and PD as follows:
• If two Powers are contiguous: PD shall bear costs
• Otherwise: DP shall bear costs of transport over its territory
119 Details of
procedure
• Repatriation shall be effected in conditions similar to Art. 46-48
• Articles impounded under Art. 18 and unconverted currency
shall be restored to POWs
• Those not restored shall be dispatched to Info Bureau (Art. 122)
• POWs shall be allowed to take with them their personal effects
and any correspondence and parcels
• POWs with pending criminal cases may be detained until the
end of such proceedings and until completion of punishment
• The same shall apply to convicts of an indictable offence
• PCs shall communicate to each other the names of POWs
who are detained until the end of proceedings or until
punishment has been completed
IV
II
32. Death of Prisoners of War
120 Wills, death,
certificates,
burial, cremation
• POW wills shall be drawn up so as to satisfy the conditions of
validity required by the legislation of their country of origin
• Death cert. shall be forwarded ASAP to POW Info Bureau
• Burial/cremation shall be preceded by medical exam of body
• Detaining authorities shall ensure an honourable burial, if
possible according to the rites of the deceased’s religion
• Deceased POWs shall be buried in individual graves unless
unavoidable
• Cremation only for imperative reasons of hygiene, on account
of religion, or in accordance with express wish of deceased
• Burials/graves shall be recorded at Graves Registration Service
121 Prisoners killed or
injured in special
circumstances
• Every death/serious injury shall be immediately followed by an
official enquiry by DP
• Communication on this subject shall be sent immediately to PP
• If enquiry indicates guilt, DP shall take measures to prosecute
persons responsible
IV
III
33. PART V : INFORMATION BUREAUX and
RELIEF SOCIETIES for POWs
V
122 National bureaux • PCs shall institute an official Info Bureau for POWs in its power
• Neutral or non-belligerent Powers who received persons under
one of the categories in Art. 4 shall take the same action
• The Info Bureau shall receive info regarding transfers, releases,
repatriations, escapes, state of health of POWS who are
seriously ill/wounded, admissions to hospital, and deaths
• It shall forward such info to the Powers concerned through the
intermediary of the PPs and of the Central Agency
123 Central agency • A Central POW Info Agency shall be created in a NC
• Function: to collect all info it may obtain through official or
private channels respecting POWs
124 Exemption from
charges
The above shall enjoy free postage and all exemptions in Art. 74
and as far as possible, from telegraphic charges or reduced rates
125 Relief societies
and other orgs
Representatives of religious orgs, relief societies or any other org
assisting POWs shall receive from DPs all necessary facilities for
visiting POWs and distributing relief supplies and materials
34. PART VI : EXECUTION OF CONVENTION
General Provisions
VI
I
126 Supervision PP and ICRC representatives or delegates shall have permission
to go to all places where POWs may be
127 Dissemination HCPs undertake to disseminate the text of GC III
128 Translations;
Rules of
application
HCPs shall communicate to one another through the Swiss
Federal Council the official translations of GC III as well as the
laws they may adopt to ensure application thereof
129 Penal sanctions;
Gen. observation
HCPs undertake to enact legislation necessary to provide
effective penal sanctions for grave breaches of GC III
130 Same; Grave
breaches
• Wilful killing
• Torture or inhuman treatment (incl. biological experiments)
• Wilfully causing great suffering or serious injury
• Compelling POW to service in forces of the hostile Power
• Wilfully depriving POW of rights of fair and regular trial
131 Responsibility No HCP may absolve itself or any other HCP of said breaches
132 Enquiry PC may request enquiry concerning alleged violation of GC III
35. Final Provisions
VI
II
133 Languages English and French texts are equally authentic
134 1929 Convention GC III replaces the 1929 Convention in relations between HCPs
135 Relation to
Hague Conv.
GC III shall be complementary to Ch. II of Regulations annexed to
Hague Conv. Respecting the Laws and Customs of War on Land
136 Signature GC III is open to signature until Feb. 12, 1950
137 Ratification GC III shall be ratified ASAP. Ratifications are deposited at Berne
138 Entry into force GC III comes into force 6 months after deposit of 2 instruments
139 Accession From the date of its entry into force, any power may accede to it
140 Notification Accessions shall be notified in writing to the Swiss Federal Council
141 Immediate effect Situations in Art. 2 & 3 shall give immediate effect to ratifications
and accessions before/after beginning of hostilities/occupation
142 Denunciation HCP may denounce GC III which takes effect 1 year after notice
143 Registration Swiss Federal Council shall register GC III with U.N. Secretariat
36. • Geneva Convention Relative to the Treatment of Prisoners of War of
August 12, 1949
• Cover image: “British Red Cross Issuing Comforts to POWs at Brussels”
by Doris Clare Zinkeisen,1945. Oil on canvas, 76 x 91 cm Collection:
British Red Cross Museum and Archives
Bibliography
Bibliography