Section 24p. 24

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Chapter VII. Rank of Prisoners of War

Art 43. Upon the outbreak of hostilities, the Parties to the

conflict shall communicate to one another the titles and

ranks of all the persons mentioned in Article 4 of the

present

Convention,

in

order

to

ensure

equality

of

treatment between prisoners of equivalent rank. Titles

and ranks which are subsequently created shall form the

subject of similar communications.

The Detaining Power shall recognize promotions in rank

which have been accorded to prisoners of war and which

have been duly notified by the Power on which these

prisoners depend.

Art 44. Officers and prisoners of equivalent status shall be

treated with the regard due to their rank and age.

In order to ensure service in officers' camps, other ranks

of the same armed forces who, as far as possible, speak

the

same

language,

shall

be

assigned

in sufficient

numbers, account being taken of the rank of officers and

prisoners of equivalent status. Such orderlies shall not be

required to perform any other work.

Supervision of the mess by the officers themselves shall

be facilitated in every way.

Art 45. Prisoners of war other than officers and prisoners

of equivalent status shall be treated with the regard due

to their rank and age.

Supervision of the mess by the prisoners themselves shall

be facilitated in every way.

Chapter VIII. Transfer of Prisoners of War after their

Arrival in Camp

Art 46. The Detaining Power, when deciding upon the

transfer of prisoners of war, shall take into account the

interests of the prisoners themselves, more especially so

as not to increase the difficulty of their repatriation.

The transfer of prisoners of war shall always be effected

humanely and in conditions not less favourable than

those under which the forces of the Detaining Power are

transferred. Account shall always be taken of the climatic

conditions to which the prisoners of war are accustomed

and

the

conditions

of transfer shall in no case be

prejudicial to their health.

The Detaining Power shall supply prisoners of war during

transfer with sufficient food and drinking water to keep

them

in

good

health,

likewise

with

the

necessary

clothing, shelter and medical attention. The Detaining

Power shall take adequate precautions especially in case

of transport by sea or by air, to ensure their safety during

transfer,

and

shall

draw

up

a

complete

list

of

all

transferred prisoners before their departure.

Art 47. Sick or wounded prisoners of war shall not be

transferred as long as their recovery may be endangered

by the journey, unless their safety imperatively demands

it.

If the combat zone draws closer to a camp, the prisoners

of war in the said camp shall not be transferred unless

their transfer can be carried out in adequate conditions of

safety, or unless they are exposed to greater risks by

remaining on the spot than by being transferred.

Art 48. In the event of transfer, prisoners of war shall be

officially advised of their departure and of their new

postal address. Such notifications shall be given in time

for them to pack their luggage and inform their next of

kin.

They shall be allowed to take with them their personal

effects, and the correspondence and parcels which have

arrived for them. The weight of such baggage may be

limited, if the conditions of transfer so require, to what

each prisoner can reasonably carry, which shall in no case

be more than twenty-five kilograms per head.

Mail and parcels addressed to their former camp shall be

forwarded to them without delay. The camp commander

shall

take,

in

agreement

with

the

prisoners'

representative,

any

measures

needed to ensure the

transport of the prisoners' community property and of

the luggage they are unable to take with them in

consequence of restrictions imposed by virtue of the

second paragraph of this Article.

The costs of transfers shall be borne by the Detaining

Power.

Section III. Labour of Prisoners of War

Art 49. The Detaining Power may utilize the labour of

prisoners

of

war

who are physically fit, taking into

account their age, sex, rank and physical aptitude, and

with a view particularly to maintaining them in a good

state of physical and mental health.

Non-commissioned officers who are prisoners of war shall

only be required to do supervisory work. Those not so

required may ask for other suitable work which shall, so

far as possible, be found for them.

If officers or persons of equivalent status ask for suitable

work, it shall be found for them, so far as possible, but

they may in no circumstances be compelled to work.

Art

50.

Besides

work

connected

with

camp

administration, installation or maintenance, prisoners of

war may be compelled to do only such work as is

included in the following classes:

(a) agriculture;

(b) industries connected with the production or the

extraction

of

raw

materials,

and

manufacturing

industries, with the exception of metallurgical, machinery

and

chemical

industries;

public

works

and

building

operations which have no military character or purpose;

(c) transport and handling of stores which are not military

in character or purpose;

(d) commercial business, and arts and crafts;

(e) domestic service;

(f) public utility services having no military character or

purpose.

Should the above provisions be infringed, prisoners of war

shall be allowed to exercise their right of complaint, in

conformity with Article 78.

Art 51. Prisoners of war must be granted suitable working

conditions, especially as regards accommodation, food,

clothing and equipment; such conditions shall not be

inferior to those enjoyed by nationals of the Detaining

Power employed in similar work; account shall also be

taken of climatic conditions.

The Detaining Power, in utilizing the labour of prisoners

of war, shall ensure that in areas in which such prisoners

are employed, the national legislation concerning the

protection

of

labour,

and,

more

particularly,

the

regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided

with the means of protection suitable to the work they

will have to do and similar to those accorded to the

nationals

of

the

Detaining

Power.

Subject

to

the

provisions of Article 52, prisoners may be submitted to the

normal risks run by these civilian workers.

Conditions of labour shall in no case be rendered more

arduous by disciplinary measures.

Art 52. Unless he be a volunteer, no prisoner of war may

be employed on labour which is of an unhealthy or

dangerous nature.

© Compiled by RGL

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