Section 23p. 23

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

necessary to provide for the medical care of, and religious

ministration to prisoners of war.

They shall continue to exercise their medical and spiritual

functions for the benefit of prisoners of war, preferably

those belonging to the armed forces upon which they

depend,

within

the

scope of the military laws and

regulations of the Detaining Power and under the control

of

its

competent

services,

in accordance with their

professional etiquette. They shall also benefit by the

following facilities in the exercise of their medical or

spiritual functions:

(a) They shall be authorized to visit periodically prisoners

of war situated in working detachments or in hospitals

outside the camp. For this purpose, the Detaining Power

shall place at their disposal the necessary means of

transport.

(b) The senior medical officer in each camp shall be

responsible

to

the

camp

military

authorities

for

everything

connected with the activities of retained

medical

personnel.

For

this

purpose, Parties to the

conflict shall agree at the outbreak of hostilities on the

subject

of

the

corresponding

ranks

of

the medical

personnel, including that of societies mentioned in Article

26 of the Geneva Convention for the Amelioration of the

Condition of the Wounded and Sick in Armed Forces in

the Field of August 12, 1949. This senior medical officer, as

well as chaplains, shall have the right to deal with the

competent authorities of the camp on all questions

relating to their duties. Such authorities shall afford them

all necessary facilities for correspondence relating to

these questions.

(c)

Although

they

shall

be

subject

to

the

internal

discipline of the camp in which they are retained, such

personnel may not be compelled to carry out any work

other than that concerned with their medical or religious

duties.

During hostilities, the Parties to the conflict shall agree

concerning the possible relief of retained personnel and

shall settle the procedure to be followed.

None

of

the

preceding

provisions

shall

relieve

the

Detaining

Power

of

its

obligations

with

regard

to

prisoners of war from the medical or spiritual point of

view.

Chapter V. Religious, Intellectual and Physical Activities

Art 34. Prisoners of war shall enjoy complete latitude in

the exercise of their religious duties, including attendance

at the service of their faith, on condition that they comply

with the disciplinary routine prescribed by the military

authorities.

Adequate premises shall be provided where religious

services may be held.

Art 35. Chaplains who fall into the hands of the enemy

Power and who remain or are retained with a view to

assisting prisoners of war, shall be allowed to minister to

them

and to exercise freely their ministry amongst

prisoners of war of the same religion, in accordance with

their religious conscience. They shall be allocated among

the various camps and labour detachments containing

prisoners of war belonging to the same forces, speaking

the same language or practising the same religion. They

shall enjoy the necessary facilities, including the means of

transport

provided

for

in Article 33, for visiting the

prisoners of war outside their camp. They shall be free to

correspond, subject to censorship, on matters concerning

their religious duties with the ecclesiastical authorities in

the country of detention and with international religious

organizations. Letters and cards which they may send for

this purpose shall be in addition to the quota provided for

in Article 71.

Art 36. Prisoners of war who are ministers of religion,

without having officiated as chaplains to their own forces,

shall

be

at

liberty,

whatever their denomination, to

minister freely to the members of their community. For

this purpose, they shall receive the same treatment as the

chaplains retained by the Detaining Power. They shall not

be obliged to do any other work.

Art 37. When prisoners of war have not the assistance of a

retained chaplain or of a prisoner of war minister of their

faith, a minister belonging to the prisoners' or a similar

denomination, or in his absence a qualified layman, if

such a course is feasible from a confessional point of view,

shall

be appointed, at the request of the prisoners

concerned, to fill this office. This appointment, subject to

the approval of the Detaining Power, shall take place with

the agreement of the community of prisoners concerned

and, wherever necessary, with the approval of the local

religious authorities of the same faith. The person thus

appointed shall comply with all regulations established

by the Detaining Power in the interests of discipline and

military security.

Art 38. While respecting the individual preferences of

every prisoner, the Detaining Power shall encourage the

practice

of

intellectual,

educational, and recreational

pursuits, sports and games amongst prisoners, and shall

take the measures necessary to ensure the exercise

thereof by providing them with adequate premises and

necessary equipment.

Prisoners shall have opportunities for taking physical

exercise, including sports and games, and for being out of

doors. Sufficient open spaces shall be provided for this

purpose in all camps.

Chapter VI. Discipline

Art 39. Every prisoner of war camp shall be put under the

immediate

authority

of

a

responsible commissioned

officer belonging to the regular armed forces of the

Detaining Power. Such officer shall have in his possession

a copy of the present Convention; he shall ensure that its

provisions are known to the camp staff and the guard

and shall be responsible, under the direction of his

government, for its application.

Prisoners of war, with the exception of officers, must

salute and show to all officers of the Detaining Power the

external marks of respect provided for by the regulations

applying in their own forces.

Officer prisoners of war are bound to salute only officers

of a higher rank of the Detaining Power; they must,

however, salute the camp commander regardless of his

rank.

Art 40. The wearing of badges of rank and nationality, as

well as of decorations, shall be permitted.

Art 41. In every camp the text of the present Convention

and

its

Annexes

and

the

contents

of

any

special

agreement provided for in Article 6, shall be posted, in the

prisoners' own language, in places where all may read

them.

Copies

shall

be

supplied, on request, to the

prisoners who cannot have access to the copy which has

been posted.

Regulations, orders, notices and publications of every

kind relating to the conduct of prisoners of war shall be

issued to them in a language which they understand.

Such regulations, orders and publications shall be posted

in the manner described above and copies shall be

handed to the prisoners' representative. Every order and

command addressed to prisoners of war individually

must

likewise

be

given

in

a

language

which

they

understand.

Art 42. The use of weapons against prisoners of war,

especially against those who are escaping or attempting

to escape, shall constitute an extreme measure, which

shall always be preceded by warnings appropriate to the

circumstances.

© Compiled by RGL

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