Section 33p. 33

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(b) If the two Powers are not contiguous, the Detaining

Power shall bear the costs of transport of prisoners of war

over its own territory as far as its frontier or its port of

embarkation nearest to the territory of the Power on

which

the

prisoners

of

war

depend.

The

Parties

concerned shall agree between themselves as to the

equitable apportionment of the remaining costs of the

repatriation. The conclusion of this agreement shall in no

circumstances justify any delay in the repatriation of the

prisoners of war.

Art 119. Repatriation shall be effected in conditions similar

to those laid down in Articles 46 to 48 inclusive of the

present Convention for the transfer of prisoners of war,

having regard to the provisions of Article 118 and to those

of the following paragraphs.

On repatriation, any articles of value impounded from

prisoners

of

war

under

Article

18,

and

any foreign

currency which has not been converted into the currency

of the Detaining Power, shall be restored to them. Articles

of value and foreign currency which, for any reason

whatever,

are

not

restored

to

prisoners

of

war

on

repatriation,

shall be despatched to the Information

Bureau set up under Article 122.

Prisoners of war shall be allowed to take with them their

personal effects, and any correspondence and parcels

which have arrived for them. The weight of such baggage

may be limited, if the conditions of repatriation so require,

to what each prisoner can reasonably carry. Each prisoner

shall in all cases be authorized to carry at least twenty-five

kilograms.

The other personal effects of the repatriated prisoner

shall be left in the charge of the Detaining Power which

shall have them forwarded to him as soon as it has

concluded an agreement to this effect, regulating the

conditions of transport and the payment of the costs

involved, with the Power on which the prisoner depends.

Prisoners of war against whom criminal proceedings for

an indictable offence are pending may be detained until

the end of such proceedings, and, if necessary, until the

completion of the punishment. The same shall apply to

prisoners of war already convicted for an indictable

offence.

Parties to the conflict shall communicate to each other

the names of any prisoners of war who are detained until

the end of the proceedings or until punishment has been

completed.

By

agreement

between

the

Parties

to

the conflict,

commissions shall be established for the purpose of

searching for dispersed prisoners of war and of assuring

their repatriation with the least possible delay.

Section III. Death of Prisoners of War

Art 120. Wills of prisoners of war shall be drawn up so as to

satisfy

the

conditions

of

validity

required

by

the

legislation of their country of origin, which will take steps

to inform the Detaining Power of its requirements in this

respect. At the request of the prisoner of war and, in all

cases, after death, the will shall be transmitted without

delay to the Protecting Power; a certified copy shall be

sent to the Central Agency.

Death certificates, in the form annexed to the present

Convention, or lists certified by a responsible officer, of all

persons who die as prisoners of war shall be forwarded as

rapidly as possible to the Prisoner of War Information

Bureau established in accordance with Article 122. The

death certificates or certified lists shall show particulars

of identity as set out in the third paragraph of Article 17,

and also the date and place of death, the cause of death,

the date and place of burial and all particulars necessary

to identify the graves.

The burial or cremation of a prisoner of war shall be

preceded by a medical examination of the body with a

view to confirming death and enabling a report to be

made and, where necessary, establishing identity.

The detaining authorities shall ensure that prisoners of

war who have died in captivity are honourably buried, if

possible according to the rites of the religion to which

they belonged, and that their graves are respected,

suitably maintained and marked so as to be found at any

time. Wherever possible, deceased prisoners of war who

depended on the same Power shall be interred in the

same place.

Deceased prisoners of war shall be buried in individual

graves unless unavoidable circumstances require the use

of collective graves. Bodies may be cremated only for

imperative reasons of hygiene, on account of the religion

of the deceased or in accordance with his express wish to

this effect. In case of cremation, the fact shall be stated

and the reasons given in the death certificate of the

deceased.

In order that graves may always be found, all particulars

of burials and graves shall be recorded with a Graves

Registration Service established by the Detaining Power.

Lists of graves and particulars of the prisoners of war

interred in cemeteries and elsewhere shall be transmitted

to the Power on which such prisoners of war depended.

Responsibility for the care of these graves and for records

of any subsequent moves of the bodies shall rest on the

Power controlling the territory, if a Party to the present

Convention. These provisions shall also apply to the ashes,

which shall be kept by the Graves Registration Service

until proper disposal thereof in accordance with the

wishes of the home country.

Art 121. Every death or serious injury of a prisoner of war

caused or suspected to have been caused by a sentry,

another prisoner of war, or any other person, as well as

any death the cause of which is unknown, shall be

immediately

followed

by

an

official

enquiry

by the

Detaining Power.

A

communication

on

this

subject

shall

be

sent

immediately to the Protecting Power. Statements shall be

taken from witnesses, especially from those who are

prisoners of war, and a report including such statements

shall be forwarded to the Protecting Power.

If the enquiry indicates the guilt of one or more persons,

the Detaining Power shall take all measures for the

prosecution of the person or persons responsible.

PART V. Information Bureaux and Relief

Societies for Prisoners of War

Art 122. Upon the outbreak of a conflict and in all cases of

occupation, each of the Parties to the conflict shall

institute an official Information Bureau for prisoners of

war who are in its power. Neutral or non-belligerent

Powers who may have received within their territory

persons belonging to one of the categories referred to in

Article 4, shall take the same action with respect to such

persons. The Power concerned shall ensure that the

Prisoners of War Information Bureau is provided with the

necessary

accommodation,

equipment

and

staff

to

ensure its efficient working. It shall be at liberty to employ

prisoners of war in such a Bureau under the conditions

laid down in the Section of the present Convention

dealing with work by prisoners of war.

Within the shortest possible period, each of the Parties to

the conflict shall give its Bureau the information referred

to in the fourth, fifth and sixth paragraphs of this Article

regarding any enemy person belonging to one of the

categories referred to in Article 4, who has fallen into its

power. Neutral or non-belligerent Powers shall take the

same action with regard to persons belonging to such

categories whom they have received within their territory.

The Bureau shall immediately forward such information

by the most rapid means to the Powers concerned,

© Compiled by RGL

33 of 163