Section 21p. 21

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Prisoners of war who, owing to their physical or mental

condition, are unable to state their identity, shall be

handed over to the medical service. The identity of such

prisoners shall be established by all possible means,

subject to the provisions of the preceding paragraph.

The questioning of prisoners of war shall be carried out in

a language which they understand.

Art 18. All effects and articles of personal use, except arms,

horses, military equipment and military documents, shall

remain in the possession of prisoners of war, likewise their

metal helmets and gas masks and like articles issued for

personal protection. Effects and articles used for their

clothing

or

feeding

shall

likewise

remain

in

their

possession, even if such effects and articles 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 none.

Badges of rank and nationality, decorations and articles

having above all a 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 except by order of an officer, and

after the amount and particulars of the owner have been

recorded in a special register and an itemized receipt has

been given, legibly inscribed with the name, rank and

unit of the person issuing the said receipt. Sums in the

currency of the Detaining Power, or which are changed

into such currency at the prisoner's request, shall be

placed to the credit of the prisoner's account as provided

in Article 64.

The Detaining Power may withdraw articles of value from

prisoners of war only for reasons of security; when such

articles are withdrawn, the procedure laid down for sums

of money impounded shall apply.

Such objects, likewise sums taken away in any currency

other

than

that

of

the

Detaining

Power

and

the

conversion of which has not been asked for by the

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 captivity.

Art 19. Prisoners of war shall be evacuated, as soon as

possible after their capture, to camps situated in an area

far enough from the combat zone for them to be out of

danger.

Only those prisoners of war who, owing to wounds or

sickness, would run greater risks by being evacuated than

by remaining where they are, may be temporarily kept

back in a danger zone.

Prisoners of war shall not be unnecessarily exposed to

danger while awaiting evacuation from a fighting zone.

Art 20. The evacuation of prisoners of war shall always be

effected humanely and in conditions similar to those for

the forces of the Detaining Power in their changes of

station.

The Detaining Power shall supply prisoners of war who

are being evacuated with sufficient food and potable

water, and with the necessary clothing and medical

attention. The Detaining Power shall take all suitable

precautions to ensure their safety during evacuation, and

shall establish as soon as possible a list of the prisoners of

war who are evacuated.

If prisoners of war must, during evacuation, pass through

transit camps, their stay in such camps shall be as brief as

possible.

Section II. Internment of Prisoners of War

Chapter I. General Observations

Art 21. The Detaining Power may subject prisoners of war

to internment. It may impose on them the obligation of

not leaving, beyond certain limits, the camp where they

are interned, or if the said camp is fenced in, of not going

outside its perimeter. Subject to the provisions of the

present Convention relative to penal and disciplinary

sanctions, prisoners of war may not be held in close

confinement except where necessary to safeguard their

health and then only 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 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 improvement of their state of health. No prisoner of

war shall be compelled to accept liberty on parole or

promise.

Upon the outbreak of hostilities, each Party to the conflict

shall notify the 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 paroled or

who have given their promise in conformity with the laws

and regulations so notified, are bound on their personal

honour scrupulously to fulfil, both towards the Power on

which they depend and towards the Power which has

captured them, the engagements of their paroles or

promises. In such cases, the Power on which they depend

is bound neither to require nor to accept from them any

service incompatible with the parole or promise given.

Art 22. Prisoners of war may be interned only in premises

located on land and affording every guarantee of hygiene

and healthfulness. Except in particular cases which are

justified by the interest of the prisoners themselves, they

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 climate.

The Detaining Power shall assemble prisoners of war in

camps

or

camp

compounds

according

to

their

nationality, language and customs, provided that such

prisoners shall not be separated from prisoners of war

belonging to the armed forces with which they were

serving at the time of their capture, except with their

consent.

Art 23. No prisoner of war may at any time be sent to, or

detained in areas where he may be exposed to the fire of

the combat zone, nor may his presence be used to render

certain points or areas immune from military operations.

Prisoners

of

war

shall

have

shelters

against

air

bombardment and other hazards of war, to the same

extent as the local civilian population. With the exception

of those engaged in the protection of their quarters

against

the aforesaid hazards, they may enter such

shelters as soon as possible after the 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 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 indicated in the day-time by the letters

PW or PG, placed so as to be clearly visible from the air.

The Powers concerned may, however, agree upon any

other system of marking. Only prisoner of war camps

shall be marked as such.

Art 24. Transit or screening camps of a permanent kind

shall be fitted out under conditions similar to those

described in the present Section, and the prisoners

therein shall have the same treatment as in other camps.

Chapter II. Quarters, Food and Clothing of Prisoners of

War

© Compiled by RGL

21 of 163