Geneva Convention (IV)

CHAPTER X

Transfers of Internees

Art. 127. The transfer of internees shall always be effected humanely. As a
general rule, it shall be carried out by rail or other means of transport,
and under conditions at least equal to those obtaining for the forces of
the Detaining Power in their changes of station. If, as an exceptional
measure, such removals have to be effected on foot, they may not take place
unless the internees are in a fit state of health, and may not in any case
expose them to excessive fatigue.

The Detaining Power shall supply internees during transfer with drinking
water and food sufficient in quantity, quality and variety to maintain them
in good health, and also with the necessary clothing, adequate shelter and
the necessary medical attention. The Detaining Power shall take all
suitable precautions to ensure their safety during transfer, and shall
establish before their departure a complete list of all internees
transferred.

Sick, wounded or infirm internees and maternity cases shall not be
transferred if the journey would be seriously detrimental to them, unless
their safety imperatively so demands.

If the combat zone draws close to a place of internment, the internees in
the said place shall not be transferred unless their removal can be carried
out in adequate conditions of safety, or unless they are exposed to greater
risks by remaining on the spot than by being transferred.

When making decisions regarding the transfer of internees, the Detaining
Power shall take their interests into account and, in particular, shall not
do anything to increase the difficulties of repatriating them or returning
them to their own homes.

Art. 128. In the event of transfer, internees shall be officially advised
of their departure and of their new postal address. Such notification shall
be given in time for them to pack their luggage and inform their next of
kin.

They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited if the conditions of transfer so require, but in no
case to less than twenty-five kilograms per internee.

Mail and parcels addressed to their former place of internment shall be
forwarded to them without delay.

The commandant of the place of internment shall take, in agreement with the
Internee Committee, any measures needed to ensure the transport of the
internees’ community property and of the luggage the internees are unable
to take with them in consequence of restrictions imposed by virtue of the
second paragraph.

CHAPTER XI

Deaths

Art. 129. The wills of internees shall be received for safe-keeping by the
responsible authorities; and if the event of the death of an internee his
will shall be transmitted without delay to a person whom he has previously
designated.

Deaths of internees shall be certified in every case by a doctor, and a
death certificate shall be made out, showing the causes of death and the
conditions under which it occurred.

An official record of the death, duly registered, shall be drawn up in
accordance with the procedure relating thereto in force in the territory
where the place of internment is situated, and a duly certified copy of
such record shall be transmitted without delay to the Protecting Power as
well as to the Central Agency referred to in Article 140.

Art. 130. The detaining authorities shall ensure that internees who die
while interned are honourably buried, if possible according to the rites of
the religion to which they belonged and that their graves are respected,
properly maintained, and marked in such a way that they can always be
recognized.

Deceased internees shall be buried in individual graves unless unavoidable
circumstances require the use of collective graves. Bodies may be cremated
only for imperative reasons of hygiene, on account of the religion of the
deceased or in accordance with his expressed wish to this effect. In case
of cremation, the fact shall be stated and the reasons given in the death
certificate of the deceased. The ashes shall be retained for safe-keeping
by the detaining authorities and shall be transferred as soon as possible
to the next of kin on their request.

As soon as circumstances permit, and not later than the close of
hostilities, the Detaining Power shall forward lists of graves of deceased
internees to the Powers on whom deceased internees depended, through the
Information Bureaux provided for in Article 136. Such lists shall include
all particulars necessary for the identification of the deceased internees,
as well as the exact location of their graves.

Art. 131. Every death or serious injury of an internee, caused or suspected
to have been caused by a sentry, another internee or any other person, as
well as any death the cause of which is unknown, shall be immediately
followed by an official enquiry by the Detaining Power.

A communication on this subject shall be sent immediately to the Protecting
Power. The evidence of any witnesses shall be taken, and a report including
such evidence shall be prepared and forwarded to the said Protecting Power.

If the enquiry indicates the guilt of one or more persons, the Detaining
Power shall take all necessary steps to ensure the prosecution of the
person or persons responsible.

Author: international