Section 20p. 20

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

When prisoners of war do not benefit or cease to benefit,

no

matter

for

what

reason,

by

the

activities

of

a

Protecting Power or of an organization provided for in the

first paragraph above, the Detaining Power shall request

a neutral State, or such an organization, to undertake the

functions performed under the present Convention by a

Protecting Power designated by the Parties to a conflict.

If

protection

cannot

be

arranged

accordingly,

the

Detaining Power shall request or shall accept, subject to

the provisions of this Article, the offer of the services of a

humanitarian

organization, such as the International

Committee of the Red Cross to assume the humanitarian

functions performed by Protecting Powers under the

present Convention.

Any neutral Power or any organization invited by the

Power concerned or offering itself for these purposes,

shall be required to act with a sense of responsibility

towards the Party to the conflict on which persons

protected by the present Convention depend, and shall

be required to furnish sufficient assurances that it is in a

position to undertake the appropriate functions and to

discharge them impartially.

No derogation from the preceding provisions shall be

made by special agreements between Powers one of

which is restricted, even temporarily, in its freedom to

negotiate with the other Power or its allies by reason of

military 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, such mention applies to substitute

organizations in the sense of the present Article.

Art 11. In cases where they deem it advisable in the

interest of protected persons, particularly in cases of

disagreement between the Parties to the conflict as to

the application or interpretation of the provisions of the

present Convention, the Protecting Powers shall lend

their

good

offices

with

a

view

to

settling

the

disagreement.

For this purpose, each of the Protecting Powers may,

either at the invitation of one Party or on its own initiative,

propose to the Parties to the conflict a meeting of their

representatives,

and

in

particular

of

the

authorities

responsible for prisoners of war, possibly on neutral

territory suitably chosen. The Parties to the conflict shall

be bound to give effect to the proposals made to them

for this purpose. The Protecting Powers may, if necessary,

propose for approval by the Parties to the conflict a

person belonging to a neutral Power, or delegated by the

International Committee of the Red Cross, who shall be

invited to take part in such a meeting.

Part II. General Protection of Prisoners of

War

Art 12. Prisoners of war are in the hands of the enemy

Power, but not of the individuals or military units who

have

captured

them.

Irrespective

of

the

individual

responsibilities that may exist, the Detaining Power is

responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining

Power to a Power which is a party to the Convention and

after the Detaining Power has satisfied itself of the

willingness and ability of such transferee Power to apply

the Convention. When prisoners of war are transferred

under

such

circumstances,

responsibility

for

the

application

of

the

Convention

rests

on

the

Power

accepting them while they are in its custody.

Nevertheless, if that Power fails to carry out the provisions

of the Convention in any important respect, the Power by

whom the prisoners of war were transferred shall, upon

being notified by the Protecting Power, take effective

measures to correct the situation or shall request the

return of the prisoners of war. Such requests must be

complied with.

Art 13. Prisoners of war must at all times be humanely

treated. Any unlawful act or omission by the Detaining

Power causing death or seriously endangering the health

of a prisoner of war in its custody is prohibited, and will be

regarded as a serious breach of the present Convention.

In particular, no prisoner of war may be subjected to

physical

mutilation

or

to

medical

or

scientific

experiments of any kind which are not justified by the

medical, dental or hospital treatment of the prisoner

concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected,

particularly against acts of violence or intimidation and

against insults and public curiosity.

Measures

of

reprisal

against

prisoners

of

war

are

prohibited.

Art 14. Prisoners of war are entitled in all circumstances to

respect for their persons and their honour.

Women shall be treated with all the regard due to their

sex

and

shall

in

all cases benefit by treatment as

favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which

they enjoyed at the time of their capture. The Detaining

Power may not restrict the exercise, either within or

without its own territory, of the rights such capacity

confers except in so far as the captivity requires.

Art 15. The Power detaining prisoners of war shall be

bound to provide free of charge for their maintenance

and for the medical attention required by their state of

health.

Art 16. Taking into consideration the provisions of the

present Convention relating to rank and sex, and subject

to any privileged treatment which may be accorded to

them

by

reason

of

their

state

of

health,

age

or

professional qualifications, all prisoners of war shall be

treated alike by the Detaining Power, without any adverse

distinction based on race, nationality, religious belief or

political opinions, or any other distinction founded on

similar criteria.

Part III. Captivity

Section 1. Beginning of Captivity

Art 17. Every prisoner of war, when questioned on the

subject, is bound to give only his surname, first names

and rank, date of birth, and army, regimental, personal 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 showing the owner's

surname, first names, rank, army, regimental, personal or

serial number or equivalent information, and date of

birth.

The

identity

card

may, furthermore, bear the

signature or the fingerprints, or both, of the owner, and

may bear, as well, any other information the Party to the

conflict may wish to add concerning persons belonging

to its armed forces. As far as possible the card shall

measure 6.5 x 10 cm. and shall be issued in duplicate. The

identity card shall be shown by the prisoner of war upon

demand, but may in no case be 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 whatever. Prisoners of

war

who refuse to answer may not be threatened,

insulted, or exposed to unpleasant or disadvantageous

treatment of any kind.

© Compiled by RGL

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