Geneva Convention (III)

 

ARTICLE 31

Medical inspections of prisoners of war shall be held at least once a
month. They shall include the checking and the recording of the weight of
each prisoner of war.

Their purpose shall be, in particular, to supervise the general state of
health, nutrition and cleanliness of prisoners and to detect contagious
diseases, especially tuberculosis, malaria and venereal disease. For this
purpose the most efficient methods available shall be employed, e.g.
periodic mass miniature radiography for the early detection of
tuberculosis.

ARTICLE 32

Prisoners of war who, though not attached to the medical service of their
armed forces, are physicians, surgeons, dentists, nurses or medical
orderlies, may be required by the Detaining Power to exercise their
medical functions in the interests of prisoners of war dependent on the
same Power. In that case they shall continue to be prisoners of war, but
shall receive the same treatment as corresponding medical personnel
retained by the Detaining Power. They shall be exempted from any other
work under Article 49.

CHAPTER IV

MEDICAL PERSONNEL AND CHAPLAINS
RETAINED TO ASSIST PRISONERS OF WAR

ARTICLE 33

Members of the medical personnel and chaplains while retained by the
Detaining Power with a view to assisting prisoners of war, shall not be
considered as prisoners of war. They shall, however, receive as a minimum
the benefits and protection of the present Convention, and shall also be
granted all facilities necessary to provide for the medical care of, and
religious ministration to prisoners of war.

They shall continue to exercise their medical and spiritual functions for
the benefit of prisoners of war, preferably those belonging to the armed
forces upon which they depend, within the scope of the military laws and
regulations of the Detaining Power and under the control of its competent
services, in accordance with their professional etiquette. They shall
also benefit by the following facilities in the exercise of their medical
or spiritual functions:

(a) They shall be authorized to visit periodically prisoners of war
situated in working detachments or in hospitals outside the camp.
For this purpose, the Detaining Power shall place at their disposal
the necessary means of transport.

(b) The senior medical officer in each camp shall be responsible to the
camp military authorities for everything connected with the
activities of retained medical personnel. For this purpose, Parties
to the conflict shall agree at the outbreak of hostilities on the
subject of the corresponding ranks of the medical personnel,
including that of societies mentioned in Article 26 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949. This senior
medical officer, as well as chaplains, shall have the right to deal
with the competent authorities of the camp on all questions
relating to their duties. Such authorities shall afford them all
necessary facilities for correspondence relating to these
questions.

(c) Although they shall be subject to the internal discipline of the
camp in which they are retained, such personnel may not be
compelled to carry out any work other than that concerned with
their medical or religious duties.

During hostilities, the Parties to the conflict shall agree concerning
the possible relief of retained personnel and shall settle the procedure
to be followed.

None of the preceding provisions shall relieve the Detaining Power of its
obligations with regard to prisoners of war from the medical or spiritual
point of view.

CHAPTER V

RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES

ARTICLE 34

Prisoners of war shall enjoy complete latitude in the exercise of their
religious duties, including attendance at the service of their faith, on
condition that they comply with the disciplinary routine prescribed by
the military authorities.

Adequate premises shall be provided where religious services may be held.

ARTICLE 35

Chaplains who fall into the hands of the enemy Power and who remain or
are retained with a view to assisting prisoners of war, shall be allowed
to minister to them and to exercise freely their ministry amongst
prisoners of war of the same religion, in accordance with their religious
conscience. They shall be allocated among the various camps and labour
detachments containing prisoners of war belonging to the same forces,
speaking the same language or practising the same religion. They shall
enjoy the necessary facilities, including the means of transport provided
for in Article 33, for visiting the prisoners of war outside their camp.
They shall be free to correspond, subject to censorship, on matters
concerning their religious duties with the ecclesiastical authorities in
the country of detention and with international religious organizations.
Letters and cards which they may send for this purpose shall be in
addition to the quota provided for in Article 71.

ARTICLE 36

Prisoners of war who are ministers of religion, without having officiated
as chaplains to their own forces, shall be at liberty, whatever their
denomination, to minister freely to the members of their community. For
this purpose, they shall receive the same treatment as the chaplains
retained by the Detaining Power. They shall not be obliged to do any
other work.

ARTICLE 37

When prisoners of war have not the assistance of a retained chaplain or
of a prisoner of war minister of their faith, a minister belonging to the
prisoners’ or a similar denomination, or in his absence a qualified
layman, if such a course is feasible from a confessional point of view,
shall be appointed, at the request of the prisoners concerned, to fill
this office. This appointment, subject to the approval of the Detaining
Power, shall take place with the agreement of the community of prisoners
concerned and, wherever necessary, with the approval of the local
religious authorities of the same faith. The person thus appointed shall
comply with all regulations established by the Detaining Power in the
interests of discipline and military security.

ARTICLE 38

While respecting the individual preferences of every prisoner, the
Detaining Power shall encourage the practice of intellectual,
educational, and recreational pursuits, sports and games amongst
prisoners, and shall take the measures necessary to ensure the exercise
thereof by providing them with adequate premises and necessary equipment.

Prisoners shall have opportunities for taking physical exercise,
including sports and games, and for being out of doors. Sufficient open
spaces shall be provided for this purpose in all camps.

CHAPTER VI

DISCIPLINE

ARTICLE 39

Every prisoner of war camp shall be put under the immediate authority of
a responsible commissioned officer belonging to the regular armed forces
of the Detaining Power. Such officer shall have in his possession a copy
of the present Convention; he shall ensure that its provisions are known
to the camp staff and the guard and shall be responsible, under the
direction of his government, for its application.

Prisoners of war, with the exception of officers, must salute and show to
all officers of the Detaining Power the external marks of respect
provided for by the regulations applying in their own forces.

Officer prisoners of war are bound to salute only officers of a higher
rank of the Detaining Power; they must, however, salute the camp
commander regardless of his rank.

ARTICLE 40

The wearing of badges of rank and nationality, as well as of decorations,
shall be permitted.

ARTICLE 41

In every camp the text of the present Convention and its Annexes and the
contents of any special agreement provided for in Article 6, shall be
posted, in the prisoners’ own language, in places where all may read
them. Copies shall be supplied, on request, to the prisoners who cannot
have access to the copy which has been posted.

Regulations, orders, notices and publications of every kind relating to
the conduct of prisoners of war shall be issued to them in a language
which they understand. Such regulations, orders and publications shall be
posted in the manner described above and copies shall be handed to the
prisoners’ representative. Every order and command addressed to prisoners
of war individually must likewise be given in a language which they
understand.

ARTICLE 42

The use of weapons against prisoners of war, especially against those who
are escaping or attempting to escape, shall constitute an extreme
measure, which shall always be preceded by warnings appropriate to the
circumstances.

CHAPTER VII

RANK OF PRISONERS OF WAR

ARTICLE 43

Upon the outbreak of hostilities, the Parties to the conflict shall
communicate to one another the titles and ranks of all the persons
mentioned in Article 4 of the present Convention, in order to ensure
equality of treatment between prisoners of equivalent rank. Titles and
ranks which are subsequently created shall form the subject of similar
communications.

The Detaining Power shall recognize promotions in rank which have been
accorded to prisoners of war and which have been duly notified by the
Power on which these prisoners depend.

ARTICLE 44

Officers and prisoners of equivalent status shall be treated with the
regard due to their rank and age.

In order to ensure service in officers’ camps, other ranks of the same
armed forces who, as far as possible, speak the same language, shall be
assigned in sufficient numbers, account being taken of the rank of
officers and prisoners of equivalent status. Such orderlies shall not be
required to perform any other work.

Supervision of the mess by the officers themselves shall be facilitated
in every way.

ARTICLE 45

Prisoners of war other than officers and prisoners of equivalent status
shall be treated with the regard due to their rank and age.

Supervision of the mess by the prisoners themselves shall be facilitated
in every way.

CHAPTER VIII

TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP

ARTICLE 46

The Detaining Power, when deciding upon the transfer of prisoners of war,
shall take into account the interests of the prisoners themselves, more
especially so as not to increase the difficulty of their repatriation.

The transfer of prisoners of war shall always be effected humanely and in
conditions not less favourable than those under which the forces of the
Detaining Power are transferred. Account shall always be taken of the
climatic conditions to which the prisoners of war are accustomed and the
conditions of transfer shall in no case be prejudicial to their health.

The Detaining Power shall supply prisoners of war during transfer with
sufficient food and drinking water to keep them in good health, likewise
with the necessary clothing, shelter and medical attention. The Detaining
Power shall take adequate precautions especially in case of transport by
sea or by air, to ensure their safety during transfer, and shall draw up
a complete list of all transferred prisoners before their departure.

ARTICLE 47

Sick or wounded prisoners of war shall not be transferred as long as
their recovery may be endangered by the journey, unless their safety
imperatively demands it.

If the combat zone draws closer to a camp, the prisoners of war in the
said camp shall not be transferred unless their transfer can be carried
out in adequate conditions of safety, or unless they are exposed to
greater risks by remaining on the spot than by being transferred.

ARTICLE 48

In the event of transfer, prisoners of war shall be officially advised of
their departure and of their new postal address. Such notifications shall
be given in time for them to pack their luggage and inform their next of
kin.

They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of
such baggage may be limited, if the conditions of transfer so require, to
what each prisoner can reasonably carry, which shall in no case be more
than twenty-five kilograms per head.

Mail and parcels addressed to their former camp shall be forwarded to
them without delay. The camp commander shall take, in agreement with the
prisoners’ representative, any measures needed to ensure the transport of
the prisoners’ community property and of the luggage they are unable to
take with them in consequence of restrictions imposed by virtue of the
second paragraph of this Article.

The costs of transfers shall be borne by the Detaining Power.

 

Author: international