The Avalon Project : Geneva Convention Relative to = the Treatment of Prisoners of War; August 12, 1949

Art= =20 1	Art= =20 2	Art= =20 3	Art= =20 4	Art= =20 5	Art= =20 6	Art= =20 7	Art= =20 8	Art= =20 9	Ar= t=20 10
Ar= t=20 11	Ar= t=20 12	Ar= t=20 13	Ar= t=20 14	Ar= t=20 15	Ar= t=20 16	Ar= t=20 17	Ar= t=20 18	Ar= t=20 19	Ar= t=20 20
Ar= t=20 21	Ar= t=20 22	Ar= t=20 23	Ar= t=20 24	Ar= t=20 25	Ar= t=20 26	Ar= t=20 27	Ar= t=20 28	Ar= t=20 29	Ar= t=20 30
Ar= t=20 31	Ar= t=20 32	Ar= t=20 33	Ar= t=20 34	Ar= t=20 35	Ar= t=20 36	Ar= t=20 37	Ar= t=20 38	Ar= t=20 39	Ar= t=20 40
Ar= t=20 41	Ar= t=20 42	Ar= t=20 43	Ar= t=20 44	Ar= t=20 45	Ar= t=20 46	Ar= t=20 47	Ar= t=20 48	Ar= t=20 49	Ar= t=20 50
Ar= t=20 51	Ar= t=20 52	Ar= t=20 53	Ar= t=20 54	Ar= t=20 55	Ar= t=20 56	Ar= t=20 57	Ar= t=20 58	Ar= t=20 59	Ar= t=20 60
Ar= t=20 61	Ar= t=20 62	Ar= t=20 63	Ar= t=20 64	Ar= t=20 65	Ar= t=20 66	Ar= t=20 67	Ar= t=20 68	Ar= t=20 69	Ar= t=20 70
Ar= t=20 71	Ar= t=20 72	Ar= t=20 73	Ar= t=20 74	Ar= t=20 75	Ar= t=20 76	Ar= t=20 77	Ar= t=20 78	Ar= t=20 79	Ar= t=20 80
Ar= t=20 81	Ar= t=20 82	Ar= t=20 83	Ar= t=20 84	Ar= t=20 85	Ar= t=20 86	Ar= t=20 87	Ar= t=20 88	Ar= t=20 89	Ar= t=20 90
Ar= t=20 91	Ar= t=20 92	Ar= t=20 93	Ar= t=20 94	Ar= t=20 95	Ar= t=20 96	Ar= t=20 97	Ar= t=20 98	Ar= t=20 99	A= rt=20 100
A= rt=20 101	A= rt=20 102	A= rt=20 103	A= rt=20 104	A= rt=20 105	A= rt=20 106	A= rt=20 107	A= rt=20 108	A= rt=20 109	A= rt=20 110
A= rt=20 111	A= rt=20 112	A= rt=20 113	A= rt=20 114	A= rt=20 115	A= rt=20 116	A= rt=20 117	A= rt=20 118	A= rt=20 119	A= rt=20 120
A= rt=20 121	A= rt=20 122	A= rt=20 123	A= rt=20 124	A= rt=20 125	A= rt=20 126	A= rt=20 127	A= rt=20 128	A= rt=20 129	A= rt=20 130
A= rt=20 131	A= rt=20 132	A= rt=20 133	A= rt=20 134	A= rt=20 135	A= rt=20 136	A= rt=20 137	A= rt=20 138	A= rt=20 139	A= rt=20 140
A= rt=20 141	A= rt=20 142	A= rt=20 143
A= nnex=20 I	A= nnex=20 II	A= nnex=20 III	A= nnex=20 IV	A= nnex=20 V

Entry into Force: 21 October 1950

The undersigned Plenipotentiaries of the Governments represented at = the=20 Diplomatic Conference held at Geneva from April 21 to August 12, 1949, = for the=20 purpose of revising the Conventi= on=20 concluded at Geneva on July 27, 1929 relative to the Treatment of = Prisoners=20 of War, have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

The High Contracting Parties undertake to respect and to ensure = respect for=20 the present Convention in all circumstances.

ARTICLE 2

In addition to the provisions which shall be implemented in peace = time, the=20 present Convention shall apply to all cases of declared war or of any = other=20 armed conflict which may arise between two or more of the High = Contracting=20 Parties, even if the state of war is not recognized by one of them.

The Convention shall also apply to all cases of partial or total = occupation=20 of the territory of a High Contracting Party, even if the said = occupation meets=20 with no armed resistance.

Although one of the Powers in conflict may not be a party to the = present=20 Convention, the Powers who are parties thereto shall remain bound by it = in their=20 mutual relations. They shall furthermore be bound by the Convention in = relation=20 to the said Power, if the latter accepts and applies the provisions = thereof.=20

ARTICLE 3

In the case of armed conflict not of an international character = occurring in=20 the territory of one of the High Contracting Parties, each Party to the = conflict=20 shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including = members of=20 armed forces who have laid down their arms and those placed hors de = combat by=20 sickness, wounds, detention, or any other cause, shall in all = circumstances be=20 treated humanely, without any adverse distinction founded on race, = colour,=20 religion or faith, sex, birth or wealth, or any other similar criteria. = To this=20 end the following acts are and shall remain prohibited at any time and = in any=20 place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds,=20 mutilation, cruel treatment and torture; (b) taking of hostages; (c) = outrages=20 upon personal dignity, in particular, humiliating and degrading = treatment; (d)=20 the passing of sentences and the carrying out of executions without = previous=20 judgment pronounced by a regularly constituted court affording all the = judicial=20 guarantees which are recognized as indispensable by civilized peoples. =

An impartial humanitarian body, such as the International Committee = of the=20 Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into = force, by=20 means of special agreements, all or part of the other provisions of the = present=20 Convention.

The application of the preceding provisions shall not affect the = legal status=20 of the Parties to the conflict.

ARTICLE 4

A. Prisoners of war, in the sense of the present Convention, are = persons=20 belonging to one of the following categories, who have fallen into the = power of=20 the enemy:

(1) Members of the armed forces of a Party to the conflict, as well = as=20 members of militias or volunteer corps forming part of such armed = forces.

(2) Members of other militias and members of other volunteer corps, = including=20 those of organized resistance movements, belonging to a Party to the = conflict=20 and operating in or outside their own territory, even if this territory = is=20 occupied, provided that such militias or volunteer corps, including such = organized resistance movements, fulfil the following conditions: (a) = that of=20 being commanded by a person responsible for his subordinates; (b) that = of having=20 a fixed distinctive sign recognizable at a distance; (c) that of = carrying arms=20 openly; (d) that of conducting their operations in accordance with the = laws and=20 customs of war.

(3) Members of regular armed forces who profess allegiance to a = government or=20 an authority not recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being = members=20 thereof, such as civilian members of military aircraft crews, war=20 correspondents, supply contractors, members of labour units or of = services=20 responsible for the welfare of the armed forces, provided that they have = received authorization, from the armed forces which they accompany, who = shall=20 provide them for that purpose with an identity card similar to the = annexed=20 model.

(5) Members of crews, including masters, pilots and apprentices, of = the=20 merchant marine and the crews of civil aircraft of the Parties to the = conflict,=20 who do not benefit by more favourable treatment under any other = provisions of=20 international law.

(6) Inhabitants of a non-occupied territory, who on the approach of = the enemy=20 spontaneously take up arms to resist the invading forces, without having = had=20 time to form themselves into regular armed units, provided they carry = arms=20 openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under = the=20 present Convention:

(1) Persons belonging, or having belonged, to the armed forces of the = occupied country, if the occupying Power considers it necessary by = reason of=20 such allegiance to intern them, even though it has originally liberated = them=20 while hostilities were going on outside the territory it occupies, in = particular=20 where such persons have made an unsuccessful attempt to rejoin the armed = forces=20 to which they belong and which are engaged in combat, or where they fail = to=20 comply with a summons made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the = present=20 Article, who have been received by neutral or non-belligerent Powers on = their=20 territory and whom these Powers are required to intern under = international law,=20 without prejudice to any more favourable treatment which these Powers = may choose=20 to give and with the exception of Articles 8, 10, 15, 30, fifth = paragraph,=20 58-67, 92, 126 and, where diplomatic relations exist between the Parties = to the=20 conflict and the neutral or non-belligerent Power concerned, those = Articles=20 concerning the Protecting Power. Where such diplomatic relations exist, = the=20 Parties to a conflict on whom these persons depend shall be allowed to = perform=20 towards them the functions of a Protecting Power as provided in the = present=20 Convention, without prejudice to the functions which these Parties = normally=20 exercise in conformity with diplomatic and consular usage and treaties. =

C. This Article shall in no way affect the status of medical = personnel and=20 chaplains as provided for in Article 33 of the present Convention.

ARTICLE 5

The present Convention shall apply to the persons referred to in = Article 4=20 from the time they fall into the power of the enemy and until their = final=20 release and repatriation.

Should any doubt arise as to whether persons, having committed a = belligerent=20 act and having fallen into the hands of the enemy, belong to any of the=20 categories enumerated in Art= icle=20 4, such persons shall enjoy the protection of the present Convention = until=20 such time as their status has been determined by a competent tribunal. =

ARTICLE 6

In addition to the agreements expressly provided for in Ar= ticles=20 10, 23= , 28= , 33= , 60= , 65= , 66= , 67= , 72= , 73= , 75= , 1= 09,=20 1= 10,=20 1= 18,=20 1= 19,=20 1= 22=20 and 1= 32,=20 the High Contracting Parties may conclude other special agreements for = all=20 matters concerning which they may deem it suitable to make separate = provision.=20 No special agreement shall adversely affect the situation of prisoners = of war,=20 as defined by the present Convention, nor restrict the rights which it = confers=20 upon them.

Prisoners of war shall continue to have the benefit of such = agreements as=20 long as the Convention is applicable to them, except where express = provisions to=20 the contrary are contained in the aforesaid or in subsequent agreements, = or=20 where more favourable measures have been taken with regard to them by = one or=20 other of the Parties to the conflict.

ARTICLE 7

Prisoners of war may in no circumstances renounce in part or in = entirety the=20 rights secured to them by the present Convention, and by the special = agreements=20 referred to in the foregoing Article, if such there be.

ARTICLE 8

The present Convention shall be applied with the cooperation and = under the=20 scrutiny of the Protecting Powers whose duty it is to safeguard the = interests of=20 the Parties to the conflict. For this purpose, the Protecting Powers may = appoint, apart from their diplomatic or consular staff, delegates from = amongst=20 their own nationals or the nationals of other neutral Powers. The said = delegates=20 shall be subject to the approval of the Power with which they are to = carry out=20 their duties.

The Parties to the conflict shall facilitate to the greatest extent = possible=20 the task of the representatives or delegates of the Protecting Powers. =

The representatives or delegates of the Protecting Powers shall not = in any=20 case exceed their mission under the present Convention. They shall, in=20 particular, take account of the imperative necessities of security of = the State=20 wherein they carry out their duties.

ARTICLE 9

The provisions of the present Convention constitute no obstacle to = the=20 humanitarian activities which the International Committee of the Red = Cross or=20 any other impartial humanitarian organization may, subject to the = consent of the=20 Parties to the conflict concerned, undertake for the protection of = prisoners of=20 war and for their relief.

ARTICLE 10

The High Contracting Parties may at any time agree to entrust to an=20 organization which offers all guarantees of impartiality and efficacy = the duties=20 incumbent on the Protecting Powers by virtue of the present Convention. =

When prisoners of war do not benefit or cease to benefit, no matter = for what=20 reason, by the activities of a Protecting Power or of an organization = provided=20 for in the first paragraph above, the Detaining Power shall request a = neutral=20 State, or such an organization, to undertake the functions performed = under the=20 present Convention by a Protecting Power designated by the Parties to a=20 conflict.

If protection cannot be arranged accordingly, the Detaining Power = shall=20 request or shall accept, subject to the provisions of this Article, the = offer of=20 the services of a humanitarian organization, such as the International = Committee=20 of the Red Cross to assume the humanitarian functions performed by = Protecting=20 Powers under the present Convention.

Any neutral Power or any organization invited by the Power concerned = or=20 offering itself for these purposes, shall be required to act with a = sense of=20 responsibility towards the Party to the conflict on which persons = protected by=20 the present Convention depend, and shall be required to furnish = sufficient=20 assurances that it is in a position to undertake the appropriate = functions and=20 to discharge them impartially.

No derogation from the preceding provisions shall be made by special=20 agreements between Powers one of which is restricted, even temporarily, = in its=20 freedom to negotiate with the other Power or its allies by reason of = military=20 events, more particularly where the whole, or a substantial part, of the = territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Protecting = Power,=20 such mention applies to substitute organizations in the sense of the = present=20 Article.

ARTICLE 11

In cases where they deem it advisable in the interest of protected = persons,=20 particularly in cases of disagreement between the Parties to the = conflict as to=20 the application or interpretation of the provisions of the present = Convention,=20 the Protecting Powers shall lend their good offices with a view to = settling the=20 disagreement.

For this purpose, each of the Protecting Powers may, either at the = invitation=20 of one Party or on its own initiative, propose to the Parties to the = conflict a=20 meeting of their representatives, and in particular of the authorities=20 responsible for prisoners of war, possibly on neutral territory suitably = chosen.=20 The Parties to the conflict shall be bound to give effect to the = proposals made=20 to them for this purpose. The Protecting Powers may, if necessary, = propose for=20 approval by the Parties to the conflict a person belonging to a neutral = Power,=20 or delegated by the International Committee of the Red Cross, who shall = be=20 invited to take part in such a meeting.

PART II

GENERAL PROTECTION OF PRISONERS OF WAR

ARTICLE 12

Prisoners of war are in the hands of the enemy Power, but not of the=20 individuals or military units who have captured them. Irrespective of = the=20 individual responsibilities that may exist, the Detaining Power is = responsible=20 for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a = Power=20 which is a party to the Convention and after the Detaining Power has = satisfied=20 itself of the willingness and ability of such transferee Power to apply = the=20 Convention. When prisoners of war are transferred under such = circumstances,=20 responsibility for the application of the Convention rests on the Power=20 accepting them while they are in its custody.

Nevertheless, if that Power fails to carry out the provisions of the=20 Convention in any important respect, the Power by whom the prisoners of = war were=20 transferred shall, upon being notified by the Protecting Power, take = effective=20 measures to correct the situation or shall request the return of the = prisoners=20 of war. Such requests must be complied with.

ARTICLE 13

Prisoners of war must at all times be humanely treated. Any unlawful = act or=20 omission by the Detaining Power causing death or seriously endangering = the=20 health of a prisoner of war in its custody is prohibited, and will be = regarded=20 as a serious breach of the present Convention. In particular, no = prisoner of war=20 may be subjected to physical mutilation or to medical or scientific = experiments=20 of any kind which are not justified by the medical, dental or hospital = treatment=20 of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, = particularly=20 against acts of violence or intimidation and against insults and public=20 curiosity.

ARTICLE 14

Prisoners of war are entitled in all circumstances to respect for = their=20 persons and their honour.

Women shall be treated with all the regard due to their sex and shall = in all=20 cases benefit by treatment as favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they = enjoyed at=20 the time of their capture. The Detaining Power may not restrict the = exercise,=20 either within or without its own territory, of the rights such capacity = confers=20 except in so far as the captivity requires.

ARTICLE 15

The Power detaining prisoners of war shall be bound to provide free = of charge=20 for their maintenance and for the medical attention required by their = state of=20 health.

ARTICLE 16

Taking into consideration the provisions of the present Convention = relating=20 to rank and sex, and subject to any privileged treatment which may be = accorded=20 to them by reason of their state of health, age or professional = qualifications,=20 all prisoners of war shall be treated alike by the Detaining Power, = without any=20 adverse distinction based on race, nationality, religious belief or = political=20 opinions, or any other distinction founded on similar criteria.

PART III

CAPTIVITY

SECTION I BEGINNING OF CAPTIVITY

ARTICLE 17

Every prisoner of war, when questioned on the subject, is bound to = give only=20 his surname, first names and rank, date of birth, and army, regimental, = personal=20 or serial number, or failing this, equivalent information.

If he wilfully infringes this rule, he may render himself liable to a = restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its = jurisdiction who are liable to become prisoners of war, with an identity = card=20 showing the owner's surname, first names, rank, army, regimental, = personal or=20 serial number or equivalent information, and date of birth. The identity = card=20 may, furthermore, bear the signature or the fingerprints, or both, of = the owner,=20 and may bear, as well, any other information the Party to the conflict = may wish=20 to add concerning persons belonging to its armed forces. As far as = possible the=20 card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The = identity=20 card shall be shown by the prisoner of war upon demand, but may in no = case be=20 taken away from him.

No physical or mental torture, nor any other form of coercion, may be = inflicted on prisoners of war to secure from them information of any = kind=20 whatever. Prisoners of war who refuse to answer may not be threatened, = insulted,=20 or exposed to unpleasant or disadvantageous treatment of any kind. = Prisoners of=20 war who, owing to their physical or mental condition, are unable to = state their=20 identity, shall be handed over to the medical service. The identity of = such=20 prisoners shall be established by all possible means, subject to the = provisions=20 of the preceding paragraph.

The questioning of prisoners of war shall be carried out in a = language which=20 they understand.

ARTICLE 18

All effects and articles of personal use, except arms, horses, = military=20 equipment and military documents, shall remain in the possession of = prisoners of=20 war, likewise their metal helmets and gas masks and like articles issued = for=20 personal protection. Effects and articles used for their clothing or = feeding=20 shall likewise remain in their possession, even if such effects and = articles=20 belong to their regulation military equipment.

At no time should prisoners of war be without identity documents. The = Detaining Power shall supply such documents to prisoners of war who = possess=20 none.

Badges of rank and nationality, decorations and articles having above = all a=20 personal or sentimental value may not be taken from prisoners of war. =

Sums of money carried by prisoners of war may not be taken away from = them=20 except by order of an officer, and after the amount and particulars of = the owner=20 have been recorded in a special register and an itemized receipt has = been given,=20 legibly inscribed with the name, rank and unit of the person issuing the = said=20 receipt. Sums in the currency of the Detaining Power, or which are = changed into=20 such currency at the prisoner's request, shall be placed to the credit = of the=20 prisoner's account as provided in Article 64.

The Detaining Power may withdraw articles of value from prisoners of = war only=20 for reasons of security; when such articles are withdrawn, the procedure = laid=20 down for sums of money impounded shall apply.

Such objects, likewise sums taken away in any currency other than = that of the=20 Detaining Power and the conversion of which has not been asked for by = the=20 owners, shall be kept in the custody of the Detaining Power and shall be = returned in their initial shape to prisoners of war at the end of their=20 captivity.

ARTICLE 19

Prisoners of war shall be evacuated, as soon as possible after their = capture,=20 to camps situated in an area far enough from the combat zone for them to = be out=20 of danger.

Only those prisoners of war who, owing to wounds or sickness, would = run=20 greater risks by being evacuated than by remaining where they are, may = be=20 temporarily kept back in a danger zone.

Prisoners of war shall not be unnecessarily exposed to danger while = awaiting=20 evacuation from a fighting zone.

ARTICLE 20

The evacuation of prisoners of war shall always be effected humanely = and in=20 conditions similar to those for the forces of the Detaining Power in = their=20 changes of station.

The Detaining Power shall supply prisoners of war who are being = evacuated=20 with sufficient food and potable water, and with the necessary clothing = and=20 medical attention. The Detaining Power shall take all suitable = precautions to=20 ensure their safety during evacuation, and shall establish as soon as = possible a=20 list of the prisoners of war who are evacuated.

If prisoners of war must, during evacuation, pass through transit = camps,=20 their stay in such camps shall be as brief as possible.

SECTION II INTERNMENT OF PRISONERS OF WAR

CHAPTER I GENERAL OBSERVATIONS

ARTICLE 21

The Detaining Power may subject prisoners of war to internment. It = may impose=20 on them the obligation of not leaving, beyond certain limits, the camp = where=20 they are interned, or if the said camp is fenced in, of not going = outside its=20 perimeter. Subject to the provisions of the present Convention relative = to penal=20 and disciplinary sanctions, prisoners of war may not be held in close=20 confinement except where necessary to safeguard their health and then = only=20 during the continuation of the circumstances which make such confinement = necessary.

Prisoners of war may be partially or wholly released on parole or = promise, in=20 so far as is allowed by the laws of the Power on which they depend. Such = measures shall be taken particularly in cases where this may contribute = to the=20 improvement of their state of health. No prisoner of war shall be = compelled to=20 accept liberty on parole or promise.

Upon the outbreak of hostilities, each Party to the conflict shall = notify the=20 adverse Party of the laws and regulations allowing or forbidding its own = nationals to accept liberty on parole or promise. Prisoners of war who = are=20 paroled or who have given their promise in conformity with the laws and=20 regulations so notified, are bound on their personal honour scrupulously = to=20 fulfil, both towards the Power on which they depend and towards the = Power which=20 has captured them, the engagements of their paroles or promises. In such = cases,=20 the Power on which they depend is bound neither to require nor to accept = from=20 them any service incompatible with the parole or promise given.

ARTICLE 22

Prisoners of war may be interned only in premises located on land and = affording every guarantee of hygiene and healthfulness. Except in = particular=20 cases which are justified by the interest of the prisoners themselves, = they=20 shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is = injurious for them, shall be removed as soon as possible to a more = favourable=20 climate.

The Detaining Power shall assemble prisoners of war in camps or camp=20 compounds according to their nationality, language and customs, provided = that=20 such prisoners shall not be separated from prisoners of war belonging to = the=20 armed forces with which they were serving at the time of their capture, = except=20 with their consent.

ARTICLE 23

No prisoner of war may at any time be sent to, or detained in areas = where he=20 may be exposed to the fire of the combat zone, nor may his presence be = used to=20 render certain points or areas immune from military operations.

Prisoners of war shall have shelters against air bombardment and = other=20 hazards of war, to the same extent as the local civilian population. = With the=20 exception of those engaged in the protection of their quarters against = the=20 aforesaid hazards, they may enter such shelters as soon as possible = after the=20 giving of the alarm. Any other protective measure taken in favour of the = population shall also apply to them.

Detaining Powers shall give the Powers concerned, through the = intermediary of=20 the Protecting Powers, all useful information regarding the geographical = location of prisoner of war camps.

Whenever military considerations permit, prisoner of war camps shall = be=20 indicated in the day-time by the letters PW or PG, placed so as to be = clearly=20 visible from the air. The Powers concerned may, however, agree upon any = other=20 system of marking. Only prisoner of war camps shall be marked as such. =

ARTICLE 24

Transit or screening camps of a permanent kind shall be fitted out = under=20 conditions similar to those described in the present Section, and the = prisoners=20 therein shall have the same treatment as in other camps.

CHAPTER II QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR

ARTICLE 25

Prisoners of war shall be quartered under conditions as favourable as = those=20 for the forces of the Detaining Power who are billeted in the same area. = The=20 said conditions shall make allowance for the habits and customs of the = prisoners=20 and shall in no case be prejudicial to their health.

The foregoing provisions shall apply in particular to the dormitories = of=20 prisoners of war as regards both total surface and minimum cubic space, = and the=20 general installations, bedding and blankets.

The premises provided for the use of prisoners of war individually or = collectively, shall be entirely protected from dampness and adequately = heated=20 and lighted, in particular between dusk and lights out. All precautions = must be=20 taken against the danger of fire.

In any camps in which women prisoners of war, as well as men, are=20 accommodated, separate dormitories shall be provided for them.

ARTICLE 26

The basic daily food rations shall be sufficient in quantity, quality = and=20 variety to keep prisoners of war in good health and to prevent loss of = weight or=20 the development of nutritional deficiencies. Account shall also be taken = of the=20 habitual diet of the prisoners.

The Detaining Power shall supply prisoners of war who work with such=20 additional rations as are necessary for the labour on which they are = employed.=20

Sufficient drinking water shall be supplied to prisoners of war. The = use of=20 tobacco shall be permitted.

Prisoners of war shall, as far as possible, be associated with the=20 preparation of their meals; they may be employed for that purpose in the = kitchens. Furthermore, they shall be given the means of preparing, = themselves,=20 the additional food in their possession.

ARTICLE 27

Clothing, underwear and footwear shall be supplied to prisoners of = war in=20 sufficient quantities by the Detaining Power, which shall make allowance = for the=20 climate of the region where the prisoners are detained. Uniforms of = enemy armed=20 forces captured by the Detaining Power should, if suitable for the = climate, be=20 made available to clothe prisoners of war.

The regular replacement and repair of the above articles shall be = assured by=20 the Detaining Power. In addition, prisoners of war who work shall = receive=20 appropriate clothing, wherever the nature of the work demands.

ARTICLE 28

Canteens shall be installed in all camps, where prisoners of war may = procure=20 foodstuffs, soap and tobacco and ordinary articles in daily use. The = tariff=20 shall never be in excess of local market prices.

The profits made by camp canteens shall be used for the benefit of = the=20 prisoners; a special fund shall be created for this purpose. The = prisoners'=20 representative shall have the right to collaborate in the management of = the=20 canteen and of this fund.

When a camp is closed down, the credit balance of the special fund = shall be=20 handed to an international welfare organization, to be employed for the = benefit=20 of prisoners of war of the same nationality as those who have = contributed to the=20 fund. In case of a general repatriation, such profits shall be kept by = the=20 Detaining Power, subject to any agreement to the contrary between the = Powers=20 concerned.

CHAPTER III HYGIENE AND MEDICAL ATTENTION

ARTICLE 29

The Detaining Power shall be bound to take all sanitary measures = necessary to=20 ensure the cleanliness and healthfulness of camps and to prevent = epidemics.

Prisoners of war shall have for their use, day and night, = conveniences which=20 conform to the rules of hygiene and are maintained in a constant state = of=20 cleanliness. In any camps in which women prisoners of war are = accommodated,=20 separate conveniences shall be provided for them.

Also, apart from the baths and showers with which the camps shall be=20 furnished prisoners of war shall be provided with sufficient water and = soap for=20 their personal toilet and for washing their personal laundry; the = necessary=20 installations, facilities and time shall be granted them for that = purpose.

ARTICLE 30

Every camp shall have an adequate infirmary where prisoners of war = may have=20 the attention they require, as well as appropriate diet. Isolation wards = shall,=20 if necessary, be set aside for cases of contagious or mental disease. =

Prisoners of war suffering from serious disease, or whose condition=20 necessitates special treatment, a surgical operation or hospital care, = must be=20 admitted to any military or civilian medical unit where such treatment = can be=20 given, even if their repatriation is contemplated in the near future. = Special=20 facilities shall be afforded for the care to be given to the disabled, = in=20 particular to the blind, and for their. rehabilitation, pending = repatriation.=20

Prisoners of war shall have the attention, preferably, of medical = personnel=20 of the Power on which they depend and, if possible, of their = nationality.

Prisoners of war may not be prevented from presenting themselves to = the=20 medical authorities for examination. The detaining authorities shall, = upon=20 request, issue to every prisoner who has undergone treatment, an = official=20 certificate indicating the nature of his illness or injury, and the = duration and=20 kind of treatment received. A duplicate of this certificate shall be = forwarded=20 to the Central Prisoners of War Agency.

The costs of treatment, including those of any apparatus necessary = for the=20 maintenance of prisoners of war in good health, particularly dentures = and other=20 artificial appliances, and spectacles, shall be borne by the Detaining = Power.=20

ARTICLE 31

Medical inspections of prisoners of war shall be held at least once a = month.=20 They shall include the checking and the recording of the weight of each = prisoner=20 of war.

Their purpose shall be, in particular, to supervise the general state = of=20 health, nutrition and cleanliness of prisoners and to detect contagious=20 diseases, especially tuberculosis, malaria and venereal disease. For = this=20 purpose the most efficient methods available shall be employed, e.g. = periodic=20 mass miniature radiography for the early detection of tuberculosis

ARTICLE 32

Prisoners of war who, though not attached to the medical service of = their=20 armed forces, are physicians, surgeons, dentists, nurses or medical = orderlies,=20 may be required by the Detaining Power to exercise their medical = functions in=20 the interests of prisoners of war dependent on the same Power. In that = case they=20 shall continue to be prisoners of war, but shall receive the same = treatment as=20 corresponding medical personnel retained by the Detaining Power. They = shall be=20 exempted from any other work under Ar= ticle=20 49.

CHAPTER IV MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST = PRISONERS OF=20 WAR

ARTICLE 33

Members of the medical personnel and chaplains while retained by the=20 Detaining Power with a view to assisting prisoners of war, shall not be=20 considered as prisoners of war. They shall, however, receive as a = minimum the=20 benefits and protection of the present Convention, and shall also be = granted all=20 facilities necessary to provide for the medical care of, and religious=20 ministration to prisoners of war.

They shall continue to exercise their medical and spiritual functions = for the=20 benefit of prisoners of war, preferably those belonging to the armed = forces upon=20 which they depend, within the scope of the military laws and regulations = of the=20 Detaining Power and under the control of its competent services, in = accordance=20 with their professional etiquette. They shall also benefit by the = following=20 facilities in the exercise of their medical or spiritual functions:

(a) They shall be authorized to visit periodically prisoners of war = situated=20 in working detachments or in hospitals outside the camp. For this = purpose, the=20 Detaining Power shall place at their disposal the necessary means of = transport.=20

(b) The senior medical officer in each camp shall be responsible to = the camp=20 military authorities for everything connected with the activities of = retained=20 medical personnel. For this purpose, Parties to the conflict shall agree = at the=20 outbreak of hostilities on the subject of the corresponding ranks of the = medical=20 personnel, including that of societies mentioned in Article 26 of the = Geneva=20 Convention for the Amelioration of the Condition of the Wounded and Sick = in=20 Armed Forces in the Field of August 12, 1949. This senior medical = officer, as=20 well as chaplains, shall have the right to deal with the competent = authorities=20 of the camp on all questions relating to their duties. Such authorities = shall=20 afford them all necessary facilities for correspondence relating to = these=20 questions.

(c) Although they shall be subject to the internal discipline of the = camp in=20 which they are retained, such personnel may not be compelled to carry = out any=20 work other than that concerned with their medical or religious duties. =

During hostilities, the Parties to the conflict shall agree = concerning the=20 possible relief of retained personnel and shall settle the procedure to = be=20 followed.

None of the preceding provisions shall relieve the Detaining Power of = its=20 obligations with regard to prisoners of war from the medical or = spiritual point=20 of view.

CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES

ARTICLE 34

Prisoners of war shall enjoy complete latitude in the exercise of = their=20 religious duties, including attendance at the service of their faith, on = condition that they comply with the disciplinary routine prescribed by = the=20 military authorities.

ARTICLE 35

Chaplains who fall into the hands of the enemy Power and who remain = or are=20 retained with a view to assisting prisoners of war, shall be allowed to = minister=20 to them and to exercise freely their ministry amongst prisoners of war = of the=20 same religion, in accordance with their religious conscience. They shall = be=20 allocated among the various camps and labour detachments containing = prisoners of=20 war belonging to the same forces, speaking the same language or = practising the=20 same religion. They shall enjoy the necessary facilities, including the = means of=20 transport provided for in Ar= ticle=20 33, for visiting the prisoners of war outside their camp. They shall = be free=20 to correspond, subject to censorship, on matters concerning their = religious=20 duties with the ecclesiastical authorities in the country of detention = and with=20 international religious organizations. Letters and cards which they may = send for=20 this purpose shall be in addition to the quota provided for in Ar= ticle=20 71.

ARTICLE 36

Prisoners of war who are ministers of religion, without having = officiated as=20 chaplains to their own forces, shall be at liberty, whatever their = denomination,=20 to minister freely to the members of their community. For this purpose, = they=20 shall receive the same treatment as the chaplains retained by the = Detaining=20 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=20 prisoner of war minister of their faith, a minister belonging to the = prisoners'=20 or a similar denomination, or in his absence a qualified layman, if such = a=20 course is feasible from a confessional point of view, shall be = appointed, at the=20 request of the prisoners concerned, to fill this office. This = appointment,=20 subject to the approval of the Detaining Power, shall take place with = the=20 agreement of the community of prisoners concerned and, wherever = necessary, with=20 the approval of the local religious authorities of the same faith. The = person=20 thus appointed shall comply with all regulations established by the = Detaining=20 Power in the interests of discipline and military security.

ARTICLE 38

While respecting the individual preferences of every prisoner, the = Detaining=20 Power shall encourage the practice of intellectual, educational, and=20 recreational pursuits, sports and games amongst prisoners, and shall = take the=20 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=20 sports and games, and for being out of doors. Sufficient open spaces = shall be=20 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=20 responsible commissioned officer belonging to the regular armed forces = of the=20 Detaining Power. Such officer shall have in his possession a copy of the = present=20 Convention; he shall ensure that its provisions are known to the camp = staff and=20 the guard and shall be responsible, under the direction of his = government, for=20 its application.

Prisoners of war, with the exception of officers, must salute and = show to all=20 officers of the Detaining Power the external marks of respect provided = for by=20 the regulations applying in their own forces.

Officer prisoners of war are bound to salute only officers of a = higher rank=20 of the Detaining Power; they must, however, salute the camp commander = regardless=20 of his rank.

ARTICLE 40

The wearing of badges of rank and nationality, as well as of = decorations,=20 shall be permitted.

ARTICLE 41

In every camp the text of the present Convention and its Annexes and = the=20 contents of any special agreement provided for in Article 6, shall be = posted, in=20 the prisoners' own language, in places where all may read them. Copies = shall be=20 supplied, on request, to the prisoners who cannot have access to the = copy which=20 has been posted.

Regulations, orders, notices and publications of every kind relating = to the=20 conduct of prisoners of war shall be issued to them in a language which = they=20 understand. Such regulations, orders and publications shall be posted in = the=20 manner described above and copies shall be handed to the prisoners'=20 representative. Every order and command addressed to prisoners of war=20 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=20 escaping or attempting to escape, shall constitute an extreme measure, = which=20 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=20 communicate to one another the titles and ranks of all the persons = mentioned in=20 Art= icle=20 4 of the present Convention, in order to ensure equality of = treatment=20 between prisoners of equivalent rank. Titles and ranks which are = subsequently=20 created shall form the subject of similar communications.

The Detaining Power shall recognize promotions in rank which have = been=20 accorded to prisoners of war and which have been duly notified by the = Power on=20 which these prisoners depend.

ARTICLE 44

Officers and prisoners of equivalent status shall be treated with the = regard=20 due to their rank and age.

In order to ensure service in officers' camps, other ranks of the = same armed=20 forces who, as far as possible, speak the same language, shall be = assigned in=20 sufficient numbers, account being taken of the rank of officers and = prisoners of=20 equivalent status. Such orderlies shall not be required to perform any = other=20 work.

Supervision of the mess by the officers themselves shall be = facilitated in=20 every way.

ARTICLE 45

Prisoners of war other than officers and prisoners of equivalent = status shall=20 be treated with the regard due to their rank and age.

Supervision of the mess by the prisoners themselves shall be = facilitated in=20 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,=20 shall take into account the interests of the prisoners themselves, more=20 especially so as not to increase the difficulty of their repatriation. =

The transfer of prisoners of war shall always be effected humanely = and in=20 conditions not less favourable than those under which the forces of the=20 Detaining Power are transferred. Account shall always be taken of the = climatic=20 conditions to which the prisoners of war are accustomed and the = conditions of=20 transfer shall in no case be prejudicial to their health.

The Detaining Power shall supply prisoners of war during transfer = with=20 sufficient food and drinking water to keep them in good health, likewise = with=20 the necessary clothing, shelter and medical attention. The Detaining = Power shall=20 take adequate precautions especially in case of transport by sea or by = air, to=20 ensure their safety during transfer, and shall draw up a complete list = of all=20 transferred prisoners before their departure.

ARTICLE 47

Sick or wounded prisoners of war shall not be transferred as long as = their=20 recovery may be endangered by the journey, unless their safety = imperatively=20 demands it.

If the combat zone draws closer to a camp, the prisoners of war in = the said=20 camp shall not be transferred unless their transfer can be carried out = in=20 adequate conditions of safety, or unless they are exposed to greater = risks by=20 remaining on the spot than by being transferred.

ARTICLE 48

In the event of transfer, prisoners of war shall be officially = advised of=20 their departure and of their new postal address. Such notifications = shall be=20 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=20 correspondence and parcels which have arrived for them. The weight of = such=20 baggage may be limited, if the conditions of transfer so require, to = what each=20 prisoner can reasonably carry, which shall in no case be more than = twenty-five=20 kilograms per head.

Mail and parcels addressed to their former camp shall be forwarded to = them=20 without delay. The camp commander shall take, in agreement with the = prisoners'=20 representative, any measures needed to ensure the transport of the = prisoners'=20 community property and of the luggage they are unable to take with them = in=20 consequence of restrictions imposed by virtue of the second paragraph of = this=20 Article.

SECTION III LABOUR OF PRISONERS OF WAR

ARTICLE 49

The Detaining Power may utilize the labour of prisoners of war who = are=20 physically fit, taking into account their age, sex, rank and physical = aptitude,=20 and with a view particularly to maintaining them in a good state of = physical and=20 mental health.

Non-commissioned officers who are prisoners of war shall only be = required to=20 do supervisory work. Those not so required may ask for other suitable = work which=20 shall, so far as possible, be found for them.

If officers or persons of equivalent status ask for suitable work, it = shall=20 be found for them, so far as possible, but they may in no circumstances = be=20 compelled to work.

ARTICLE 50

Besides work connected with camp administration, installation or = maintenance,=20 prisoners of war may be compelled to do only such work as is included in = the=20 following classes:

(a) agriculture; (b) industries connected with the production or the=20 extraction of raw materials, and manufacturing industries, with the = exception of=20 metallurgical, machinery and chemical industries; public works and = building=20 operations which have no military character or purpose; (c) transport = and=20 handling of stores which are not military in character or purpose; (d)=20 commercial business, and arts and crafts; (e) domestic service; (f) = public=20 utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be = allowed=20 to exercise their right of complaint, in conformity with Ar= ticle=20 78.

ARTICLE 51

Prisoners of war must be granted suitable working conditions, = especially as=20 regards accommodation, food, clothing and equipment; such conditions = shall not=20 be inferior to those enjoyed by nationals of the Detaining Power = employed in=20 similar work; account shall also be taken of climatic conditions.

The Detaining Power, in utilizing the labour of prisoners of war, = shall=20 ensure that in areas in which such prisoners are employed, the national=20 legislation concerning the protection of labour, and, more particularly, = the=20 regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided with the = means of=20 protection suitable to the work they will have to do and similar to = those=20 accorded to the nationals of the Detaining Power. Subject to the = provisions of=20 Ar= ticle=20 52, prisoners may be submitted to the normal risks run by these = civilian=20 workers.

Conditions of labour shall in no case be rendered more arduous by=20 disciplinary measures.

ARTICLE 52

Unless he be a volunteer, no prisoner of war may be employed on = labour which=20 is of an unhealthy or dangerous nature.

No prisoner of war shall be assigned to labour which would be looked = upon as=20 humiliating for a member of the Detaining Power's own forces.

The removal of mines or similar devices shall be considered as = dangerous=20 labour.

ARTICLE 53

The duration of the daily labour of prisoners of war, including the = time of=20 the journey to and fro, shall not be excessive, and must in no case = exceed that=20 permitted for civilian workers in the district, who are nationals of the = Detaining Power and employed on the same work.

Prisoners of war must be allowed, in the middle of the day's work, a = rest of=20 not less than one hour. This rest will be the same as that to which = workers of=20 the Detaining Power are entitled, if the latter is of longer duration. = They=20 shall be allowed in addition a rest of twenty-four consecutive hours = every week,=20 preferably on Sunday or the day of rest in their country of origin. = Furthermore,=20 every prisoner who has worked for one year shall be granted a rest of = eight=20 consecutive days, during which his working pay shall be paid him.

If methods of labour such as piece work are employed, the length of = the=20 working period shall not be rendered excessive thereby.

ARTICLE 54

The working pay due to prisoners of war shall be fixed in accordance = with the=20 provisions of Article 62 of the present Convention.

Prisoners of war who sustain accidents in connection with work, or = who=20 contract a disease in the course, or in consequence of their work, shall = receive=20 all the care their condition may require. The Detaining Power shall = furthermore=20 deliver to such prisoners of war a medical certificate enabling them to = submit=20 their claims to the Power on which they depend, and shall send a = duplicate to=20 the Central Prisoners of War Agency provided for in A= rticle=20 123.

ARTICLE 55

The fitness of prisoners of war for work shall be periodically = verified by=20 medical examinations at least once a month. The examinations shall have=20 particular regard to the nature of the work which prisoners of war are = required=20 to do.

If any prisoner of war considers himself incapable of working, he = shall be=20 permitted to appear before the medical authorities of his camp. = Physicians or=20 surgeons may recommend that the prisoners who are, in their opinion, = unfit for=20 work, be exempted therefrom.

ARTICLE 56

The organization and administration of labour detachments shall be = similar to=20 those of prisoner of war camps.

Every labour detachment shall remain under the control of and=20 administratively part of a prisoner of war camp. The military = authorities and=20 the commander of the said camp shall be responsible, under the direction = of=20 their government, for the observance of the provisions of the present = Convention=20 in labour detachments.

The camp commander shall keep an up-to-date record of the labour = detachments=20 dependent on his camp, and shall communicate it to the delegates of the=20 Protecting Power, of the International Committee of the Red Cross, or of = other=20 agencies giving relief to prisoners of war, who may visit the camp.

ARTICLE 57

The treatment of prisoners of war who work for private persons, even = if the=20 latter are responsible for guarding and protecting them, shall not be = inferior=20 to that which is provided for by the present Convention. The Detaining = Power,=20 the military authorities and the commander of the camp to which such = prisoners=20 belong shall be entirely responsible for the maintenance, care, = treatment, and=20 payment of the working pay of such prisoners of war.

Such prisoners of war shall have the right to remain in communication = with=20 the prisoners' representatives in the camps on which they depend.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

ARTICLE 58

Upon the outbreak of hostilities, and pending an arrangement on this = matter=20 with the Protecting Power, the Detaining Power may determine the maximum = amount=20 of money in cash or in any similar form, that prisoners may have in = their=20 possession. Any amount in excess, which was properly in their possession = and=20 which has been taken or withheld from them, shall be placed to their = account,=20 together with any monies deposited by them, and shall not be converted = into any=20 other currency without their consent.

If prisoners of war are permitted to purchase services or commodities = outside=20 the camp against payment in cash, such payments shall be made by the = prisoner=20 himself or by the camp administration who will charge them to the = accounts of=20 the prisoners concerned. The Detaining Power will establish the = necessary rules=20 in this respect.

ARTICLE 59

Cash which was taken from prisoners of war, in accordance with Ar= ticle=20 18, at the time of their capture, and which is in the currency of = the=20 Detaining Power, shall be placed to their separate accounts, in = accordance with=20 the provisions of Article 64 of the present Section.

The amounts, in the currency of the Detaining Power, due to the = conversion of=20 sums in other currencies that are taken from the prisoners of war at the = same=20 time, shall also be credited to their separate accounts.

ARTICLE 60

The Detaining Power shall grant all prisoners of war a monthly = advance of=20 pay, the amount of which shall be fixed by conversion, into the currency = of the=20 said Power, of the following amounts:

Category II : Sergeants and other non-commissioned officers, or = prisoners of=20 equivalent rank: twelve Swiss francs.

Category III: Warrant officers and commissioned officers below the = rank of=20 major or prisoners of equivalent rank: fifty Swiss francs.

Category IV : Majors, lieutenant-colonels, colonels or prisoners of=20 equivalent rank: sixty Swiss francs.

Category V : General officers or prisoners of war of equivalent rank: = seventy-five Swiss francs.

However, the Parties to the conflict concerned may by special = agreement=20 modify the amount of advances of pay due to prisoners of the preceding=20 categories.

Furthermore, if the amounts indicated in the first paragraph above = would be=20 unduly high compared with the pay of the Detaining Power's armed forces = or=20 would, for any reason, seriously embarrass the Detaining Power, then, = pending=20 the conclusion of a special agreement with the Power on which the = prisoners=20 depend to vary the amounts indicated above, the Detaining Power:

(a) shall continue to credit the accounts of the prisoners with the = amounts=20 indicated in the first paragraph above; (b) may temporarily limit the = amount=20 made available from these advances of pay to prisoners of war for their = own use,=20 to sums which are reasonable, but which, for Category I, shall never be = inferior=20 to the amount that the Detaining Power gives to the members of its own = armed=20 forces.

The reasons for any limitations will be given without delay to the = Protecting=20 Power.

ARTICLE 61

The Detaining Power shall accept for distribution as supplementary = pay to=20 prisoners of war sums which the Power on which the prisoners depend may = forward=20 to them, on condition that the sums to be paid shall be the same for = each=20 prisoner of the same category, shall be payable to all prisoners of that = category depending on that Power, and shall be placed in their separate=20 accounts, at the earliest opportunity, in accordance with the provisions = of Ar= ticle=20 64. Such supplementary pay shall not relieve the Detaining Power of = any=20 obligation under this Convention.

ARTICLE 62

Prisoners of war shall be paid a fair working rate of pay by the = detaining=20 authorities direct. The rate shall be fixed by the said authorities, but = shall=20 at no time be less than one-fourth of one Swiss franc for a full working = day.=20 The Detaining Power shall inform prisoners of war, as well as the Power = on which=20 they depend, through the intermediary of the Protecting Power, of the = rate of=20 daily working pay that it has fixed.

Working pay shall likewise be paid by the detaining authorities to = prisoners=20 of war permanently detailed to duties or to a skilled or semi-skilled = occupation=20 in connection with the administration, installation or maintenance of = camps, and=20 to the prisoners who are required to carry out spiritual or medical = duties on=20 behalf of their comrades.

The working pay of the prisoners' representative, of his advisers, if = any,=20 and of his assistants, shall be paid out of the fund maintained by = canteen=20 profits. The scale of this working pay shall be fixed by the prisoners'=20 representative and approved by the camp commander. If there is no such = fund, the=20 detaining authorities shall pay these prisoners a fair working rate of = pay.

ARTICLE 63

Prisoners of war shall be permitted to receive remittances of money = addressed=20 to them individually or collectively.

Every prisoner of war shall have at his disposal the credit balance = of his=20 account as provided for in the following Article, within the limits = fixed by the=20 Detaining Power, which shall make such payments as are requested. = Subject to=20 financial or monetary restrictions which the Detaining Power regards as=20 essential, prisoners of war may also have payments made abroad. In this = case=20 payments addressed by prisoners of war to dependents shall be given = priority.=20

In any event, and subject to the consent of the Power on which they = depend,=20 prisoners may have payments made in their own country, as follows: the = Detaining=20 Power shall send to the aforesaid Power through the Protecting Power, a=20 notification giving all the necessary particulars concerning the = prisoners of=20 war, the beneficiaries of the payments, and the amount of the sums to be = paid,=20 expressed in the Detaining Power's currency. The said notification shall = be=20 signed by the prisoners and countersigned by the camp commander. The = Detaining=20 Power shall debit the prisoners' account by a corresponding amount; the = sums=20 thus debited shall be placed by it to the credit of the Power on which = the=20 prisoners depend.

To apply the foregoing provisions, the Detaining Power may usefully = consult=20 the Model Regulations in Annex V of the present Convention.

ARTICLE 64

The Detaining Power shall hold an account for each prisoner of war, = showing=20 at least the following:

(1) The amounts due to the prisoner or received by him as advances of = pay, as=20 working pay or derived from any other source; the sums in the currency = of the=20 Detaining Power which were taken from him; the sums taken from him and = converted=20 at his request into the currency of the said Power.

(2) The payments made to the prisoner in cash, or in any other = similar form;=20 the payments made on his behalf and at his request; the sums transferred = under=20 Ar= ticle=20 63, third paragraph.

ARTICLE 65

Every item entered in the account of a prisoner of war shall be = countersigned=20 or initialled by him, or by the prisoners' representative acting on his = behalf.=20

Prisoners of war shall at all times be afforded reasonable facilities = for=20 consulting and obtaining copies of their accounts, which may likewise be = inspected by the representatives of the Protecting Powers at the time of = visits=20 to the camp.

When prisoners of war are transferred from one camp to another, their = personal accounts will follow them. In case of transfer from one = Detaining Power=20 to another, the monies which are their property and are not in the = currency of=20 the Detaining Power will follow them. They shall be given certificates = for any=20 other monies standing to the credit of their accounts.

The Parties to the conflict concerned may agree to notify to each = other at=20 specific intervals through the Protecting Power, the amount of the = accounts of=20 the prisoners of war.

ARTICLE 66

On the termination of captivity, through the release of a prisoner of = war or=20 his repatriation, the Detaining Power shall give him a statement, signed = by an=20 authorized officer of that Power, showing the credit balance then due to = him.=20 The Detaining Power shall also send through the Protecting Power to the=20 government upon which the prisoner of war depends, lists giving all = appropriate=20 particulars of all prisoners of war whose captivity has been terminated = by=20 repatriation, release, escape, death or any other means, and showing the = amount=20 of their credit balances. Such lists shall be certified on each sheet by = an=20 authorized representative of the Detaining Power.

Any of the above provisions of this Article may be varied by mutual = agreement=20 between any two Parties to the conflict.

The Power on which the prisoner of war depends shall be responsible = for=20 settling with him any credit balance due to him from the Detaining Power = on the=20 termination of his captivity.

ARTICLE 67

Advances of pay, issued to prisoners of war in conformity with Ar= ticle=20 60, shall be considered as made on behalf of the Power on which they = depend.=20 Such advances of pay, as well as all payments made by the said Power = under Ar= ticle=20 63, third paragraph, and Ar= ticle=20 68, shall form the subject of arrangements between the Powers = concerned, at=20 the close of hostilities.

ARTICLE 68

Any claim by a prisoner of war for compensation in respect of any = injury or=20 other disability arising out of work shall be referred to the Power on = which he=20 depends, through the Protecting Power. In accordance with Ar= ticle=20 54, the Detaining Power will, in all cases, provide the prisoner of = war=20 concerned with a statement showing the nature of the injury or = disability, the=20 circumstances in which it arose and particulars of medical or hospital = treatment=20 given for it. This statement will be signed by a responsible officer of = the=20 Detaining Power and the medical particulars certified by a medical = officer.

Any claim by a prisoner of war for compensation in respect of = personal=20 effects monies or valuables impounded by the Detaining Power under Ar= ticle=20 18 and not forthcoming on his repatriation, or in respect of loss = alleged to=20 be due to the fault of the Detaining Power or any of its servants, shall = likewise be referred to the Power on which he depends. Nevertheless, any = such=20 personal effects required for use by the prisoners of war whilst in = captivity=20 shall be replaced at the expense of the Detaining Power. The Detaining = Power=20 will, in all cases, provide the prisoner of war with a statement, signed = by a=20 responsible officer, showing all available information regarding the = reasons why=20 such effects, monies or valuables have not been restored to him. A copy = of this=20 statement will be forwarded to the Power on which he depends through the = Central=20 Prisoners of War Agency provided for in A= rticle=20 123.

SECTION V

RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR

ARTICLE 69

Immediately upon prisoners of war falling into its power, the = Detaining Power=20 shall inform them and the Powers on which they depend, through the = Protecting=20 Power, of the measures taken to carry out the provisions of the present = Section.=20 They shall likewise inform the parties concerned of any subsequent = modifications=20 of such measures.

ARTICLE 70

Immediately upon capture, or not more than one week after arrival at = a camp,=20 even if it is a transit camp, likewise in case of sickness or transfer = to=20 hospital or to another camp, every prisoner of war shall be enabled to = write=20 direct to his family, on the one hand, and to the Central Prisoners of = War=20 Agency provided for in A= rticle=20 123, on the other hand, a card similar, if possible, to the model = annexed to=20 the present Convention, informing his relatives of his capture, address = and=20 state of health. The said cards shall be forwarded as rapidly as = possible and=20 may not be delayed in any manner.

ARTICLE 71

Prisoners of war shall be allowed to send and receive letters and = cards. If=20 the Detaining Power deems it necessary to limit the number of letters = and cards=20 sent by each prisoner of war, the said number shall not be less than two = letters=20 and four cards monthly, exclusive of the capture cards provided for in = Ar= ticle=20 70, and conforming as closely as possible to the models annexed to = the=20 present Convention. Further limitations may be imposed only if the = Protecting=20 Power is satisfied that it would be in the interests of the prisoners of = war=20 concerned to do so owing to difficulties of translation caused by the = Detaining=20 Power's inability to find sufficient qualified linguists to carry out = the=20 necessary censorship. If limitations must be placed on the = correspondence=20 addressed to prisoners of war, they may be ordered only by the Power on = which=20 the prisoners depend, possibly at the request of the Detaining Power. = Such=20 letters and cards must be conveyed by the most rapid method at the = disposal of=20 the Detaining Power; they may not be delayed or retained for = disciplinary=20 reasons.

Prisoners of war who have been without news for a long period, or who = are=20 unable to receive news from their next of kin or to give them news by = the=20 ordinary postal route, as well as those who are at a great distance from = their=20 homes, shall be permitted to send telegrams, the fees being charged = against the=20 prisoners of war's accounts with the Detaining Power or paid in the = currency at=20 their disposal. They shall likewise benefit by this measure in cases of = urgency.=20

As a general rule, the correspondence of prisoners of war shall be = written in=20 their native language. The Parties to the conflict may allow = correspondence in=20 other languages.

Sacks containing prisoner of war mail must be securely sealed and = labelled so=20 as clearly to indicate their contents, and must be addressed to offices = of=20 destination.

ARTICLE 72

Prisoners of war shall be allowed to receive by post or by any other = means=20 individual parcels or collective shipments containing, in particular,=20 foodstuffs, clothing, medical supplies and articles of a religious, = educational=20 or recreational character which may meet their needs, including books,=20 devotional articles, scientific equipment, examination papers, musical=20 instruments, sports outfits and materials allowing prisoners of war to = pursue=20 their studies or their cultural activities.

Such shipments shall in no way free the Detaining Power from the = obligations=20 imposed upon it by virtue of the present Convention.

The only limits which may be placed on these shipments shall be those = proposed by the Protecting Power in the interest of the prisoners = themselves, or=20 by the International Committee of the Red Cross or any other = organization giving=20 assistance to the prisoners, in respect of their own shipments only, on = account=20 of exceptional strain on transport or communications.

The conditions for the sending of individual parcels and collective = relief=20 shall, if necessary, be the subject of special agreements between the = Powers=20 concerned, which may in no case delay the receipt by the prisoners of = relief=20 supplies. Books may not be included in parcels of clothing and = foodstuffs.=20 Medical supplies shall, as a rule, be sent in collective parcels.

ARTICLE 73

In the absence of special agreements between the Powers concerned on = the=20 conditions for the receipt and distribution of collective relief = shipments, the=20 rules and regulations concerning collective shipments, which are annexed = to the=20 present Convention, shall be applied.

The special agreements referred to above shall in no case restrict = the right=20 of prisoners' representatives to take possession of collective relief = shipments=20 intended for prisoners of war, to proceed to their distribution or to = dispose of=20 them in the interest of the prisoners.

Nor shall such agreements restrict the right of representatives of = the=20 Protecting Power, the International Committee of the Red Cross or any = other=20 organization giving assistance to prisoners of war and responsible for = the=20 forwarding of collective shipments, to supervise their distribution to = the=20 recipients.

ARTICLE 74

All relief shipments for prisoners of war shall be exempt from = import,=20 customs and other dues.

Correspondence, relief shipments and authorized remittances of money=20 addressed to prisoners of war or despatched by them through the post = office,=20 either direct or through the Information Bureaux provided for in A= rticle=20 122 and the Central Prisoners of War Agency provided for in A= rticle=20 123, shall be exempt from any postal dues, both in the countries of = origin=20 and destination, and in intermediate countries.

If relief shipments intended for prisoners of war cannot be sent = through the=20 post office by reason of weight or for any other cause, the cost of=20 transportation shall be borne by the Detaining Power in all the = territories=20 under its control. The other Powers party to the Convention shall bear = the cost=20 of transport in their respective territories. In the absence of special=20 agreements between the Parties concerned, the costs connected with = transport of=20 such shipments, other than costs covered by the above exemption, shall = be=20 charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as = possible,=20 the rates charged for telegrams sent by prisoners of war, or addressed = to them.=20

ARTICLE 75

Should military operations prevent the Powers concerned from = fulfilling their=20 obligation to assure the transport of the shipments referred to in Ar= ticles=20 70, 71= , 72= and=20 77= ,=20 the Protecting Powers concerned, the International Committee of the Red = Cross or=20 any other organization duly approved by the Parties to the conflict may=20 undertake to ensure the conveyance of such shipments by suitable means = (railway=20 wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, = the High=20 Contracting Parties shall endeavour to supply them with such transport = and to=20 allow its circulation, especially by granting the necessary = safe-conducts.

(a) correspondence, lists and reports exchanged between the Central=20 Information Agency referred to in A= rticle=20 123 and the National Bureaux referred to in A= rticle=20 122;

(b) correspondence and reports relating to prisoners of war which the = Protecting Powers, the International Committee of the Red Cross or any = other=20 body assisting the prisoners, exchange either with their own delegates = or with=20 the Parties to the conflict.

These provisions in no way detract from the right of any Party to the = conflict to arrange other means of transport, if it should so prefer, = nor=20 preclude the granting of safe-conducts, under mutually agreed = conditions, to=20 such means of transport.

In the absence of special agreements, the costs occasioned by the use = of such=20 means of transport shall be borne proportionally by the Parties to the = conflict=20 whose nationals are benefited thereby.

ARTICLE 76

The censoring of correspondence addressed to prisoners of war or = despatched=20 by them shall be done as quickly as possible. Mail shall be censored = only by the=20 despatching State and the receiving State, and once only by each.

The examination of consignments intended for prisoners of war shall = not be=20 carried out under conditions that will expose the goods contained in = them to=20 deterioration; except in the case of written or printed matter, it shall = be done=20 in the presence of the addressee, or of a fellow-prisoner duly delegated = by him.=20 The delivery to prisoners of individual or collective consignments shall = not be=20 delayed under the pretext of difficulties of censorship.

Any prohibition of correspondence ordered by Parties to the conflict, = either=20 for military or political reasons, shall be only temporary and its = duration=20 shall be as short as possible.

ARTICLE 77

The Detaining Powers shall provide all facilities for the = transmission,=20 through the Protecting Power or the Central Prisoners of War Agency = provided for=20 in A= rticle=20 123 of instruments, papers or documents intended for prisoners of = war or=20 despatched by them, especially powers of attorney and wills.

In all cases they shall facilitate the preparation and execution of = such=20 documents on behalf of prisoners of war; in particular, they shall allow = them to=20 consult a lawyer and shall take what measures are necessary for the=20 authentication of their signatures.

SECTION VI

RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER I

COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF = CAPTIVITY

ARTICLE 78

Prisoners of war shall have the right to make known to the military=20 authorities in whose power they are, their requests regarding the = conditions of=20 captivity to which they are subjected.

They shall also have the unrestricted right to apply to the = representatives=20 of the Protecting Powers either through their prisoners' representative = or, if=20 they consider it necessary, direct, in order to draw their attention to = any=20 points on which they may have complaints to make regarding their = conditions of=20 captivity.

These requests and complaints shall not be limited nor considered to = be a=20 part of the correspondence quota referred to in Article 71. They must be = transmitted immediately. Even if they are recognized to be unfounded, = they may=20 not give rise to any punishment.

Prisoners' representatives may send periodic reports on the situation = in the=20 camps and the needs of the prisoners of war to the representatives of = the=20 Protecting Powers.

CHAPTER II

PRISONER OF WAR REPRESENTATIVES

ARTICLE 79

In all places where there are prisoners of war, except in those where = there=20 are officers, the prisoners shall freely elect by secret ballot, every = six=20 months, and also in case of vacancies, prisoners' representatives = entrusted with=20 representing them before the military authorities, the Protecting = Powers, the=20 International Committee of the Red Cross and any other organization = which may=20 assist them. These prisoners' representatives shall be eligible for = re-election.=20

In camps for officers and persons of equivalent status or in mixed = camps, the=20 senior officer among the prisoners of war shall be recognized as the = camp=20 prisoners' representative. In camps for officers, he shall be assisted = by one or=20 more advisers chosen by the officers; in mixed camps, his assistants = shall be=20 chosen from among the prisoners of war who are not officers and shall be = elected=20 by them.

Officer prisoners of war of the same nationality shall be stationed = in labour=20 camps for prisoners of war, for the purpose of carrying out the camp=20 administration duties for which the prisoners of war are responsible. = These=20 officers may be elected as prisoners' representatives under the first = paragraph=20 of this Article. In such a case the assistants to the prisoners' = representatives=20 shall be chosen from among those prisoners of war who are not officers. =

Every representative elected must be approved by the Detaining Power = before=20 he has the right to commence his duties. Where the Detaining Power = refuses to=20 approve a prisoner of war elected by his fellow prisoners of war, it = must inform=20 the Protecting Power of the reason for such refusal.

In all cases the prisoners' representative must have the same = nationality,=20 language and customs as the prisoners of war whom he represents. Thus, = prisoners=20 of war distributed in different sections of a camp, according to their=20 nationality, language or customs, shall have for each section their own=20 prisoners' representative, in accordance with the foregoing paragraphs. =

ARTICLE 80

Prisoners' representatives shall further the physical, spiritual and=20 intellectual well-being of prisoners of war.

In particular, where the prisoners decide to organize amongst = themselves a=20 system of mutual assistance, this organization will be within the = province of=20 the prisoners' representative, in addition to the special duties = entrusted to=20 him by other provisions of the present Convention.

Prisoners' representatives shall not be held responsible, simply by = reason of=20 their duties, for any offences committed by prisoners of war.

ARTICLE 81

Prisoners' representatives shall not be required to perform any other = work,=20 if the accomplishment of their duties is thereby made more difficult. =

Prisoners' representatives may appoint from amongst the prisoners = such=20 assistants as they may require. All material facilities shall be granted = them,=20 particularly a certain freedom of movement necessary for the = accomplishment of=20 their duties (inspection of labour detachments, receipt of supplies, = etc.).

Prisoners' representatives shall be permitted to visit premises where = prisoners of war are detained, and every prisoner of war shall have the = right to=20 consult freely his prisoners' representative.

All facilities shall likewise be accorded to the prisoners' = representatives=20 for communication by post and telegraph with the detaining authorities, = the=20 Protecting Powers, the International Committee of the Red Cross and = their=20 delegates, the Mixed Medical Commissions and the bodies which give = assistance to=20 prisoners of war. Prisoners' representatives of labour detachments shall = enjoy=20 the same facilities for communication with the prisoners' = representatives of the=20 principal camp. Such communications shall not be restricted, nor = considered as=20 forming a part of the quota mentioned in Article 71.

Prisoners' representatives who are transferred shall be allowed a = reasonable=20 time to acquaint their successors with current affairs.

In case of dismissal, the reasons therefor shall be communicated to = the=20 Protecting Power.

CHAPTER III

PENAL AND DISCIPLINARY SANCTIONS

I. General Provisions

ARTICLE 82

A prisoner of war shall be subject to the laws, regulations and = orders in=20 force in the armed forces of the Detaining Power; the Detaining Power = shall be=20 justified in taking judicial or disciplinary measures in respect of any = offence=20 committed by a prisoner of war against such laws, regulations or orders. = However, no proceedings or punishments contrary to the provisions of = this=20 Chapter shall be allowed.

If any law, regulation or order of the Detaining Power shall declare = acts=20 committed by a prisoner of war to be punishable, whereas the same acts = would not=20 be punishable if committed by a member of the forces of the Detaining = Power,=20 such acts shall entail disciplinary punishments only.

ARTICLE 83

In deciding whether proceedings in respect of an offence alleged to = have been=20 committed by a prisoner of war shall be judicial or disciplinary, the = Detaining=20 Power shall ensure that the competent authorities exercise the greatest = leniency=20 and adopt, wherever possible, disciplinary rather than judicial = measures.

ARTICLE 84

A prisoner of war shall be tried only by a military court, unless the = existing laws of the Detaining Power expressly permit the civil courts = to try a=20 member of the armed forces of the Detaining Power in respect of the = particular=20 offence alleged to have been committed by the prisoner of war.

In no circumstances whatever shall a prisoner of war be tried by a = court of=20 any kind which does not offer the essential guarantees of independence = and=20 impartiality as generally recognized, and, in particular, the procedure = of which=20 does not afford the accused the rights and means of defence provided for = in A= rticle=20 105.

ARTICLE 85

Prisoners of war prosecuted under the laws of the Detaining Power for = acts=20 committed prior to capture shall retain, even if convicted, the benefits = of the=20 present Convention.

ARTICLE 86

No prisoner of war may be punished more than once for the same act or = on the=20 same charge.

ARTICLE 87

Prisoners of war may not be sentenced by the military authorities and = courts=20 of the Detaining Power to any penalties except those provided for in = respect of=20 members of the armed forces of the said Power who have committed the = same acts.=20

When fixing the penalty, the courts or authorities of the Detaining = Power=20 shall take into consideration, to the widest extent possible, the fact = that the=20 accused, not being a national of the Detaining Power, is not bound to it = by any=20 duty of allegiance, and that he is in its power as the result of = circumstances=20 independent of his own will. The said courts or authorities shall be at = liberty=20 to reduce the penalty provided for the violation of which the prisoner = of war is=20 accused, and shall therefore not be bound to apply the minimum penalty=20 prescribed.

Collective punishment for individual acts, corporal punishment, = imprisonment=20 in premises without daylight and, in general, any form of torture or = cruelty,=20 are forbidden.

No prisoner of war may be deprived of his rank by the Detaining = Power, or=20 prevented from wearing his badges.

ARTICLE 88

Officers, non-commissioned officers and men who are prisoners of war=20 undergoing a disciplinary or judicial punishment, shall not be subjected = to more=20 severe treatment than that applied in respect of the same punishment to = members=20 of the armed forces of the Detaining Power of equivalent rank.

A woman prisoner of war shall not be awarded or sentenced to a = punishment=20 more severe, or treated whilst undergoing punishment more severely, than = a woman=20 member of the armed forces of the Detaining Power dealt with for a = similar=20 offence.

In no case may a woman prisoner of war be awarded or sentenced to a=20 punishment more severe, or treated whilst undergoing punishment more = severely,=20 than a male member of the armed forces of the Detaining Power dealt with = for a=20 similar offence.

Prisoners of war who have served disciplinary or judicial sentences = may not=20 be treated differently from other prisoners of war.

II. Disciplinary Sanctions

ARTICLE 89

The disciplinary punishments applicable to prisoners of war are the=20 following:

(1) A fine which shall not exceed 50 per cent of the advances of pay = and=20 working pay which the prisoner of war would otherwise receive under the=20 provisions of Articles 60 and 62 during a period of not more than thirty = days.=20

(2) Discontinuance of privileges granted over and above the treatment = provided for by the present Convention.

In no case shall disciplinary punishments be inhuman, brutal or = dangerous to=20 the health of prisoners of war.

ARTICLE 90

The duration of any single punishment shall in no case exceed thirty = days.=20 Any period of confinement awaiting the hearing of a disciplinary offence = or the=20 award of disciplinary punishment shall be deducted from an award = pronounced=20 against a prisoner of war.

The maximum of thirty days provided above may not be exceeded, even = if the=20 prisoner of war is answerable for several acts at the same time when he = is=20 awarded punishment, whether such acts are related or not.

The period between the pronouncing of an award of disciplinary = punishment and=20 its execution shall not exceed one month.

When a prisoner of war is awarded a further disciplinary punishment, = a period=20 of at least three days shall elapse between the execution of any two of = the=20 punishments, if the duration of one of these is ten days or more.

ARTICLE 91

(1) he has joined the armed forces of the Power on which he depends, = or those=20 of an allied Power;

(2) he has left the territory under the control of the Detaining = Power, or of=20 an ally of the said Power;

(3) he has joined a ship flying the flag of the Power on which he = depends, or=20 of an allied Power, in the territorial waters of the Detaining Power, = the said=20 ship not being under the control of the last named Power.

Prisoners of war who have made good their escape in the sense of this = Article=20 and who are recaptured, shall not be liable to any punishment in respect = of=20 their previous escape.

ARTICLE 92

A prisoner of war who attempts to escape and is recaptured before = having made=20 good his escape in the sense of Article 91 shall be liable only to a=20 disciplinary punishment in respect of this act, even if it is a repeated = offence.

A prisoner of war who is recaptured shall be handed over without = delay to the=20 competent military authority.

Ar= ticle=20 88, fourth paragraph, notwithstanding, prisoners of war punished as = a result=20 of an unsuccessful escape may be subjected to special surveillance. Such = surveillance must not affect the state of their health, must be = undergone in a=20 prisoner of war camp, and must not entail the suppression of any of the=20 safeguards granted them by the present Convention.

ARTICLE 93

Escape or attempt to escape, even if it is a repeated offence, shall = not be=20 deemed an aggravating circumstance if the prisoner of war is subjected = to trial=20 by judicial proceedings in respect of an offence committed during his = escape or=20 attempt to escape.

In conformity with the principle stated in Ar= ticle=20 83, offences committed by prisoners of war with the sole intention = of=20 facilitating their escape and which do not entail any violence against = life or=20 limb, such as offences against public property, theft without intention = of=20 self-enrichment, the drawing up or use of false papers, or the wearing = of=20 civilian clothing, shall occasion disciplinary punishment only.

Prisoners of war who aid or abet an escape or an attempt to escape = shall be=20 liable on this count to disciplinary punishment only.

ARTICLE 94

If an escaped prisoner of war is recaptured, the Power on which he = depends=20 shall be notified thereof in the manner defined in A= rticle=20 122, provided notification of his escape has been made.

ARTICLE 95

A prisoner of war accused of an offence against discipline shall not = be kept=20 in confinement pending the hearing unless a member of the armed forces = of the=20 Detaining Power would be so kept if he were accused of a similar = offence, or if=20 it is essential in the interests of camp order and discipline.

Any period spent by a prisoner of war in confinement awaiting the = disposal of=20 an offence against discipline shall be reduced to an absolute minimum = and shall=20 not exceed fourteen days.

The provisions of Ar= ticles=20 97 and 98= of=20 this Chapter shall apply to prisoners of war who are in confinement = awaiting the=20 disposal of offences against discipline.

ARTICLE 96

Acts which constitute offences against discipline shall be = investigated=20 immediately.

Without prejudice to the competence of courts and superior military=20 authorities, disciplinary punishment may be ordered only by an officer = having=20 disciplinary powers in his capacity as camp commander, or by a = responsible=20 officer who replaces him or to whom he has delegated his disciplinary = powers.=20

In no case may such powers be delegated to a prisoner of war or be = exercised=20 by a prisoner of war.

Before any disciplinary award is pronounced, the accused shall be = given=20 precise information regarding the offences of which he is accused, and = given an=20 opportunity of explaining his conduct and of defending himself. He shall = be=20 permitted, in particular, to call witnesses and to have recourse, if = necessary,=20 to the services of a qualified interpreter. The decision shall be = announced to=20 the accused prisoner of war and to the prisoners' representative.

A record of disciplinary punishments shall be maintained by the camp=20 commander and shall be open to inspection by representatives of the = Protecting=20 Power.

ARTICLE 97

Prisoners of war shall not in any case be transferred to penitentiary = establishments (prisons, penitentiaries, convict prisons, etc.) to = undergo=20 disciplinary punishment therein.

All premises in which disciplinary punishments are undergone shall = conform to=20 the sanitary requirements set forth in Ar= ticle=20 25. A prisoner of war undergoing punishment shall be enabled to keep = himself=20 in a state of cleanliness, in conformity with Ar= ticle=20 29.

Officers and persons of equivalent status shall not be lodged in the = same=20 quarters as non-commissioned officers or men.

Women prisoners of war undergoing disciplinary punishment shall be = confined=20 in separate quarters from male prisoners of war and shall be under the = immediate=20 supervision of women.

ARTICLE 98

A prisoner of war undergoing confinement as a disciplinary = punishment, shall=20 continue to enjoy the benefits of.the provisions of this Convention = except in so=20 far as these are necessarily rendered inapplicable by the mere fact that = he is=20 confined. In no case may he be deprived of the benefits of the = provisions of Ar= ticles=20 78 and 1= 26.=20

A prisoner of war awarded disciplinary punishment may not be deprived = of the=20 prerogatives attached to his rank.

Prisoners of war awarded disciplinary punishment shall be allowed to = exercise=20 and to stay in the open air at least two hours daily.

They shall be allowed, on their request, to be present at the daily = medical=20 inspections. They shall receive the attention which their state of = health=20 requires and, if necessary, shall be removed to the camp infirmary or to = a=20 hospital.

They shall have permission to read and write, likewise to send and = receive=20 letters. Parcels and remittances of money however, may be withheld from = them=20 until the completion of the punishment; they shall meanwhile be = entrusted to the=20 prisoners' representative, who-will hand over to the infirmary the = perishable=20 goods contained in such parcels.

III. Judicial Proceedings

ARTICLE 99

No prisoner of war may be tried or sentenced for an act which is not=20 forbidden by the law of the Detaining Power or by international law, in = force at=20 the time the said act was committed.

No moral or physical coercion may be exerted on a prisoner of war in = order to=20 induce him to admit himself guilty of the act of which he is accused. =

No prisoner of war may be convicted without having had an opportunity = to=20 present his defence and the assistance of a qualified advocate or = counsel.

ARTICLE 100

Prisoners of war and the Protecting Powers shall be informed as soon = as=20 possible of the offences which are punishable by the death sentence = under the=20 laws of the Detaining Power.

Other offences shall not thereafter be made punishable by the death = penalty=20 without the concurrence of the Power on which the prisoners of war = depend.

The death sentence cannot be pronounced on a prisoner of war unless = the=20 attention of the court has, in accordance with Ar= ticle=20 87, second paragraph, been particularly called to the fact that = since the=20 accused is not a national of the Detaining Power, he is not bound to it = by any=20 duty of allegiance, and that he is in its power as the result of = circumstances=20 independent of his own will.

ARTICLE 101

If the death penalty is pronounced on a prisoner of war, the sentence = shall=20 not be executed before the expiration of a period of at least six months = from=20 the date when the Protecting Power receives, at an indicated address, = the=20 detailed communication provided for in A= rticle=20 107.

ARTICLE 102

A prisoner of war can be validly sentenced only if the sentence has = been=20 pronounced by the same courts according to the same procedure as in the = case of=20 members of the armed forces of the Detaining Power, and if, furthermore, = the=20 provisions of the present Chapter have been observed.

ARTICLE 103

Judicial investigations relating to a prisoner of war shall be = conducted as=20 rapidly as circumstances permit and so that his trial shall take place = as soon=20 as possible. A prisoner of war shall not be confined while awaiting = trial unless=20 a member of the armed forces of the Detaining Power would be so confined = if he=20 were accused of a similar offence, or if it is essential to do so in the = interests of national security. In no circumstances shall this = confinement=20 exceed three months.

Any period spent by a prisoner of war in confinement awaiting trial = shall be=20 deducted from any sentence of imprisonment passed upon him and taken = into=20 account in fixing any penalty.

The provisions of Ar= ticles=20 97 and 98= of=20 this Chapter shall apply to a prisoner of war whilst in confinement = awaiting=20 trial.

ARTICLE 104

In any case in which the Detaining Power has decided to institute = judicial=20 proceedings against a prisoner of war, it shall notify the Protecting = Power as=20 soon as possible and at least three weeks before the opening of the = trial. This=20 period of three weeks shall run as from the day on which such = notification=20 reaches the Protecting Power at the address previously indicated by the = latter=20 to the Detaining Power.

(1) Surname and first names of the prisoner of war, his rank, his = army,=20 regimental, personal or serial number, his date of birth, and his = profession or=20 trade, if any;

(3) Specification of the charge or charges on which the prisoner of = war is to=20 be arraigned, giving the legal provisions applicable;

(4) Designation of the court which will try the case, likewise the = date and=20 place fixed for the opening of the trial.

The same communication shall be made by the Detaining Power to the = prisoners'=20 representative.

If no evidence is submitted, at the opening of a trial, that the = notification=20 referred to above was received by the Protecting Power, by the prisoner = of war=20 and by the prisoners' representative concerned, at least three weeks = before the=20 opening of the trial, then the latter cannot take place and must be = adjourned.=20

ARTICLE 105

The prisoner of war shall be entitled to assistance by one of his = prisoner=20 comrades, to defence by a qualified advocate or counsel of his own = choice, to=20 the calling of witnesses and, if he deems necessary, to the services of = a=20 competent interpreter. He shall be advised of these rights by the = Detaining=20 Power in due time before the trial.

Failing a choice by the prisoner of war, the Protecting Power shall = find him=20 an advocate or counsel, and shall have at least one week at its disposal = for the=20 purpose. The Detaining Power shall deliver to the said Power, on = request, a list=20 of persons qualified to present the defence. Failing a choice of an = advocate or=20 c

The Avalon Project at=20 Yale Law SchoolGeneva Convention (III) Relative to the Treatment = of=20 Prisoners of War; August 12, 1949