DUS2052 E - GENEVA CONVENTION 3

8/14/2019 DUS2052 E - GENEVA CONVENTION 3

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Geneva Conventions of 12August 1949., Convention

(III) relative to the Treatmentof Prisoners of War.

Geneva, 12 August 1949.


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Part I : General Provisions - Art 1 Parties to undertake to respect the Convention - Art 2 Provisions to be implemented in peace time as well as in

war - Art 3 In case of armed conflict not of international character

prescribed minimum provisions should be applied - Art 4 Prisoners of war are persons as categorized in theprescribed list

- Art 5 The Convention is applicable to those mentioned in Art 4from their capture to their release

- Art 6 The parties may make additional agreements as regardsprisoners of war. They must not adversely affect existing rights
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- Art 7 Prisoners of war may not renounce their rightsunder this Convention

- Art 8 The Convention is to be applied withcooperation and under the scrutiny of the ProtectingPower

- Art 9 The provisions of the Convention constitute noobstacles to ICRC or other impartial humanitarianorganizations to undertake their tasks

- Art 10 The parties may entrust impartialorganizations to perform duties incumbent uponProtecting Powers

- Art 11 In case of disagreement between parties tothe conflict, the Protecting Power shall lend its goodoffice to settle the disagreement
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Part II : General Protection of Prisoners of War - Art 12 Prisoners of war are in the hands of enemy

power and not individual units that captured them - Art 13 Prisoners of war are to be humanely treated

at all times

- Art 14 There are entitled to respect of their personsand honor - Art 15 The Detaining Power shall provide free

medical and health care for the prisoners of war - Art 16 Privileged treatment may be given on

accounts rank, sex, health or professional qualifications.No distinction to be made on race, religion, nationality or similar criteria


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Part III : CaptivitySection I Beginning of Captivity - Art 17 Every prisoner of war is bound to give only

his name, rank, birth date, and regimental number - Art 18 Prisoners of war are to be allowed to keep

their personal effects, keep their identity documents at alltimes and maintain their badges of rank and nationality

- Art 19 The prisoners of war shall be evacuated fromthe combat zone as soon as possible after their capture

- Art 20 The evacuation of prisoners of war must behumanely effected
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Section II Internment of Prisoners of War Chapter I General Observations - Art 21 The Detaining Power may subject prisoners

of war to internment. They may not be held in closeconfinement except for health reasons

- Art 22 Prisoners of war may only be interned onland with guarantee of good hygiene and healthfulness

- Art 23 No prisoner of war is to be sent or detained indangerous or combat zone. They should be providedwith shelter against bombardment. The camps wherepossible are to be marked PW or PG

- Art 24 Similar facilities is to be provided at transit or screening camps


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Chapter II - Quarters, Food and Clothing of Prisoners of War

- Art 25 Prisoners of war are to be quartered incondition as favorable as armed forces of the DetainingPower. Women are to be quartered separately

- Art 26 The basic daily ration and drinking water areto be of sufficient quantity, quality and variety; and takinginto consideration the prisoners habitual diet

- Art 27 Clothing, underwear and footwear shall besupplied in sufficient quantity. Appropriate work clothingmust be provided if they are required to do work.

- Art 28 Canteens shall be installed in camps. Thetariff must not be higher than the local market


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Chapter III Hygiene and Medical Attention - Art 29 The Detaining Power are to take sanitary measuresnecessary to maintain cleanliness and healthfulness. Separatefacilities are to be provided for women

- Art 30 Every camp must have adequate infirmary for prisonersto receive medical treatment. Prisoners are not to be prohibited from

seeking medical examinations. Cost of the facilities are to be borneby Detaining Power - Art 31 Medical inspection on prisoners of war must be

conducted at least once a month - Art 32 Prisoners of war who are qualified medical personnel may

be required to perform medical duties. They will still be prisoners of

war but will be accorded treatment as per given to medicalpersonnel


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Chapter IV Medical Personnel andChaplains Retained to Assist Prisoners of War

- Art 33 Medical personnel andchaplains while retained for their professional purpose shall not beconsidered as prisoners of war
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Chapter V Religious, Intellectual and Physical Activities - Art 34 Prisoners of war are free to practice their religions so

long as they comply with the disciplinary routine of the camp - Art 35 Chaplains retained or remained under enemy Power

shall be allowed to exercise their ministry with a view to assisting

prisoners of war - Art 36 Prisoners of war who are ministers of religion but notofficially appointed in their armed forces as chaplains are freeperform their tasks. They shall be treated as other chaplains

- Art 37 In the absence of retained chaplains, prisoner of war minister or qualified layman the Detaining Power at the request of prisoners must take steps to fill this post

- Art 38 The prisoners of war must be encouraged to take part inrecreational and intellectual pursuits


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Chapter VI Discipline - Art 39 Every prisoner of war camp must be commanded by acommissioned officer. Prisoner of war must salute the officers of theDetaining Power. Officer prisoners of war must salute only officersof higher rank and the camp commander

- Art 40 The wearing of badges of rank, nationality and

decorations must be permitted - Art 41 A copy of this Convention its annexes and other agreements must be posted in the camp in the prisoners language.Regulations and orders must be in language understood byprisoners

- Art 42 the use of weapons against the prisoners are prohibited

and shall constitute extreme measures. They must be preceded bywarnings


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Chapter VII Rank of Prisoners of War - Art 43 At outbreak of hostilities parties are tocommunicate the titles and ranks of their armed forces tofacilitate proper treatment. Promotions accorded must becommunicated to Detaining Power

- Art 44 Officers and prisoners of equivalent statusshall be treated with the regard to their rank and age.They are to be allowed to administer their mess

- Art 45 Prisoners of war other than officers and

prisoners of equivalent status shall be treated withregard to their rank and age. They are to be allowed toadminister their mess
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- Art 46 The Detaining Power in transferringprisoners must take into account the interests,comfort and well being of the prisoner

- Art 47 Sick and wounded prisoner of war shall not be transferred if it would be detrimentalto their recovery

- Art 48 In the event of transfer the prisonersof war will be officially advise to facilitate their packing and notification of change of address totheir families. The cost of transfer is to be borneby Detaining Power


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Section III : Labor of Prisoners of War - Art 49 Detaining Power may utilize the labor of Prisoners of war taking into account their age, sex, rank,aptitude, fitness and state of health. NCOs are to dosupervisory work. Officers may be given suitable workbut are not compelled to work

- Art 50 Beside camp administration, installation or maintenance prisoners of war may be asked to do theprescribed listed work

- Art 51 Prisoners of war must be granted suitableworking conditions as regards accommodation, food,clothing and equipment

- Art 52 Unless he volunteers prisoners of war maynot be employed on dangerous or unhealthy labor


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- Art 53 The duration of labor including journey mustnot exceed those civilian workers in the district. Theymust be allowed minimum of one hour rest daily and oneoff day per week and eight off days per year of working

- Art 54 The working pay shall be fixed as per prescribed in Art 62

- Art 55 The fitness of prisoners of war must beverified by medical check-ups at least once a month - Art 56 The organization and administration of labor

detachment shall be similar to that of prisoner of war camps

- Art 57 Treatment of prisoners of war working for private persons shall not be inferior to which provided for by the Convention


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Section IV : Financial Resources of Prisoners of War

- Art 58 On outbreak of hostilities Detaining Power may determine the amount to be kept by the prisoners.Excess amount will be kept in their account. Prisonersare allowed to purchase items or service from outsidethe camp with the permission of the camp administrator

- Art 59 - Cash which was taken from prisoners of war at the time of their capture, in the currency of theDetaining Power, shall be placed in separate accounts

- Art 60 - The Detaining Power shall grant all prisonersof war a monthly advance of pay at the prescribed rate

according to their ranks. Subject to agreement theamount may be modified if it is unduly high or mightembarrass the Detaining Power


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- Art 61 The Detaining Power may accept for distribution supplementary pay forwarded to theprisoners by their Depending Power

- Art 62 Prisoners must be paid a fair working rate not

less a quarter of a Swiss Franc per day. - Art 63 Prisoners of war are to be permitted to

receive remittances of money individually or collectively - Art 64 The Detaining Power shall hold an account

on each prisoner of war showing the prescribed details


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- Art 65 Every item entered into prisoner of war

account must be countersigned or initialed by him or hisrepresentative - Art 66 On termination of captivity the Detaining

Power shall give him a statement showing balance dueto him

- Art 67 Advances of pay issued in conformity with Art60 shall be considered as made on behalf of hisDepending Power

- Art 68 Any claim in respect of injury or disability

shall be made through his Depending Power throughProtecting Power


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Section V : Relations of Prisoners of War With the Exterior - Art 69 - When a prisoner is detained, the Detaining

Power shall inform the prisoners Detaining Power through the Protecting Power of the measures taken incompliance with the Convention

- Art 70 Within a week of his capture a prisoner is tobe allowed to write to his family. A card (as samplegiven) is also to be forwarded to Central Prisoners of War Agency to notify his family

- Art 71 Prisoners of war are to be allowed to sendletters and cards with the minimum can be set at twoletters and four cards monthly. Section V : Relations of Prisoners of War With the Exterior two letters and four cards monthly.

- Art 72 Prisoners are allowed to receive parcels bypost or other means


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- Art 73 In the absence of special agreement thearrangement for collective relief shipment is to be carriedout as prescribed in the Annex of the Convention

- Art 74 All relief shipments are to be exempt fromimport, customs and other dues

- Art 75 Should military operations hinder theshipment of items to prisoners of war the ProtectingPower and ICRC or other organizations may undertakethe task

- Art 76 The censoring of Prisoners of war correspondence may only be done once each by thedispatching state and the receiving state

- Art 77 The Detaining Power shall provide facilitiesfor transmission of papers, document, power of attorneyand wills dispatched by the prisoners


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Section VI : Relations between Prisoners of War and the Authorities

Chapter I : Complaints of Prisoners of War

and the Authorities- Art 78 Prisoners have right to inform

the military of the Detaining Power their

requests pertaining their condition incaptivity
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Chapter II : Prisoner of War Representatives

- Art 79 Except where all prisoners areofficers, prisoners of war shall be free to electtheir representatives by secret ballots every sixmonths. The representatives are eligible for reelection.

- Art 80 Prisoners of war representatives shallfurther the overall well being of the prisoners

- Art 81 Prisoners of war representatives shallnot be required to perform other duties if ithinders the functioning of his tasks


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Chapter III : Penal and Disciplinary Sanctions

I. General Provisions - Art 82 Prisoners of war are subject to thearmed forces law of the Detaining Power.Limited by provisions of the Convention

- Art 83 In disciplinary matters the DetainingPower is to exercise leniency and to applydisciplinary rather than judicial measures

- Art 84 A prisoner of war is to be tried bymilitary court only and be guaranteed fairness


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- Art 85 Prisoner of war prosecuted for

offences prior to his capture shall retain thebenefit of his prisoner of war status - Art 86 They cannot be punished twice for

the same offence

- Art 87 The sentence meted out must besimilar to those provided for members of theDetaining Powers armed forces. Cruel or inhuman punishments are not permitted

- Art 88 Judicial or disciplinary punishmentmust not be more severe than normally imposedon members of Detaining Power armed forces


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II. Disciplinary Sanction

- Art 89 Disciplinary punishments applicable toprisoners of war are listed as prescribed. They shall notbe cruel or inhuman

- Art 90 Duration of any punishment shall not exceedthirty days. Period of detention prior to the trial is to bededucted from the sentence. For execution of consecutive punishments of ten days or more, a lapse of two days is to be observed

- Art 91 A prisoner is deemed to have escaped if he

has joined the armed forces of his Depending Power or its ally, left the territory of the Detaining Power or its ally,or joined the ship of his Depending Power


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- Art 92 A prisoner who attempts to escape andcaptured before he made good his attempt shall be liableto disciplinary punishment even if it is repeatedly done

- Art 93 Escape or attempt to escape shall not beaggravating factor in judicial proceedings against the

prisoner - Art 94 If an escaped prisoner of war is captured hisdepending power shall be informed provided thenotification of his escape has been made

- Art 95 A prisoner of war pending his disciplinaryhearing shall not be kept in confinement unless it isessential to camp order and discipline


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- Art 96 Disciplinary offences shall be

investigated immediately - Art 97 Prisoners of war shall not be sent toprison or other institutions to undergodisciplinary punishment. They shall be

separately accommodated based on their rankstatus.

- Art 98 Prisoners undergoing confinement asdisciplinary punishment shall not lose benefits of privileges provided by the Convention andprerogatives attached to his rank


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III. Judicial Proceedings

- Art 99 No prisoner of war is to be sentenced for offences notviolating the existing laws of Detaining Power or international law.They shall not be forced to plead guilty for the offences they werecharged

- Art 100 Prisoners of war and the Protecting Power shall beinformed of the offences which are punishable by death

- Art 101 If death sentence is pronounced the execution shall beat least after six month of the Protecting Power being informed - Art 102 A sentence on a prisoner of war is valid if it is carried

out by adopting the same procedure applied to the members of theDetaining Power armed forces and according to the Convention

- Art 103 Judicial investigation and trial for prisoner of war must

be carried out as soon as possible and he shall not be confinedduring the period unless the law applied to Detaining Power armedforces allows it


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- Art 104 The Detaining Power shall notify theProtecting Power of the judicial proceeding against the

prisoner three weeks prior to the trial informing them theprescribed details - Art 105 The prisoner of war is entitled to assistance

in conducting his defence and if necessary an interpreter - Art 106 The prisoner has the right to appeal as

granted to members of the Detaining Powers membersof the armed forces - Art 107 Sentence and judgment passed on the

prisoner of war shall be immediately notified to theProtecting Power

- Art 108 Sentence passed shall be served in thesame establishment and in the same condition as in thecase of the members of the Detaining Powers armedforces


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Part IV : Termination of Captivity

Section I : Direct Repatriation and Accommodation in Neutral Countries - Art 109 Parties to the conflict re bound to send back the

seriously wounded prisoners of war unless the prisoners themselvesdisagree

- Art 110 Prisoners of war shall be repatriated or accommodatedin a neutral country subject to the prescribed conditions

- Art 111 The Detaining Power, the prisoners Protecting Power and the neutral Power agreed upon by both parties shall endeavor to conclude agreements as regards internment of prisoners in theneutral country

- Art 112 At the break of hostilities Mixed Medical Commissionsshall be established to review cases on the sick and wounded. Theyshall work in conformity with the Convention


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- Art 113 Prisoners of war are entitled to be examinedby Mixed Medical Commissions if they fall under the

prescribed category of wounded and sick - Art 114 Prisoners of war who meet with accidentsshall have the benefit of being repatriated or accommodation in neutral country

- Art 115 Prisoners of war on disciplinary punishmentmay not be held back for repatriation or accommodationin neutral country. Those on judiciary punishment maybe release on consent of the Detaining Power

- Art 116 The cost of repatriation or transportation to

neutral country shall be borne by the Depending Power of the prisoners - Art 117 Repatriated prisoners may not be employed

on active military service


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Section II : Release and Repatriation of Prisoners of War at the Close of Hostilities

- Art 118 Prisoners of war shall bereleased and repatriated at the end of active hostilities

- Art 119 Repatriation shall be incondition stipulated by the Convention.Prisoners shall be allowed to bring alongtheir personal effects and money
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Section III : Death of Prisoners of War

- Art 120 Wills of prisoner shall bedrawn and be transmitted to protectingPower if requested by the prisoner, or onhis death

- Art 121 Death or injury of prisoners of war caused by others shall be investigatedby Detaining Power and the result

communicated to Protecting Power.Detaining Power shall take measures topunish the person responsible


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Part V : Information Bureaux and Relief Societies for Prisoners of War

- Art 122 Upon the outbreak of the hostilities eachparty is to establish and information bureau. Neutral andnon belligerent power may also do the same

- Art 123 A Central Prisoner of War Agency shall becreated in neutral country. The ICRC may make thisproposal if necessary

- Art 124 The National Information Bureaux and theCentral Prisoner of War Agency shall enjoy free postageand exemption or reduced rate for telegraphic transfers

- Art 125 Subject to essential security measures,representatives of religious, relief or other organizationsmay distribute supplies or materials for prisoners of war for recreational, religious or educational purposes


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Part VI : Execution of the ConventionSection I : General Provisions - Art 126 Representatives of the Protecting

Power has the right to visit prisoners of war,check their conditions and interview themwithout witness. Similar right applies to ICRC

- Art 127 Parties to the Convention shalldisseminate the text of the Convention as widelyas possible

- Art 128 During hostilities the parties shall

communicate to each other the laws andregulations they have adopted to ensure theapplication of the Convention


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- Art 129 The parties shall enact legislation to providepenal sanctions for those committing grave breaches of the Convention

- Art 130 Grave breaches of the Convention include;killing, torture or inhuman treatment including biologicalexperiments, causing suffering or bodily injury,compelling them to serve in the forces of hostile power and denying them of fair trial

- Art 131 No party can absolve itself of any liabilityarising from breaches of the above Article

- Art 132 An enquiry shall be instituted at the requestof a party to the conflict for alleged violation of theConvention


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- Art 133 The Convention is established inEnglish and French. Both versions are authentic

- Art 134 This Convention replaces theConvention of 1929

- Art 135 For parties of Hague 1899 and 1907Conventions, this Convention shall becomplementary to the Regulations annexed toChapter II

- Art 136 This Convention is open tosignature until 12 February 1950

- Art 137 This Convention shall be ratified assoon as possible and be deposited at Berne


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- Art 138 This Convention shall be in force six monthafter two ratifications received. It shall be in force for

contracting parties six months after they ratified - Art 139 The Convention is open to all Powers toaccede when it comes into force

- Art 140 Accession is to be notified to Swiss FederalCouncil and shall take effect six months after it is

received - Art 141 In the event of outbreak of hostilities theratifications will take immediate effect

- Art 142 Parties are at liberty to denounce theConvention

- Art 143 The Convention shall be deposited at theSecretariat of the United Nations by the Swiss FederalCouncil

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DUS2052 E - GENEVA CONVENTION 3