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Geneva Convention (III) 
Relative to the Treatment 
of Prisoners of War 
of August 12, 1949 
Justin Adriel Espaldon Ordoyo 
U.P. College of Law
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
Signatories 
States Parties: 195 (as of January 2014)
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
• 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

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Third Geneva Convention

  • 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
  • 3. Signatories States Parties: 195 (as of January 2014)
  • 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