Section 36p. 36

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

Annex I. Model Agreement Concerning

Direct Repatriation and Accommodation in

Neutral Countries of Wounded and Sick

Prisoners of War. (see Art 110.)

I. Principles for Direct Repatriation and Accommodation

in Neutral Countries

A. DIRECT REPATRIATION

The following shall be repatriated direct:

(1) All prisoners of war suffering from the following

disabilities as the result of trauma: loss of a limb, paralysis,

articular or other disabilities, when this disability is at least

the loss of a hand or a foot, or the equivalent of the loss of

a hand or a foot.

Without prejudice to a more generous interpretation, the

following shall be considered as equivalent to the loss of a

hand or a foot:

(a) Loss of a hand or of all the fingers, or of the thumb and

forefinger of one hand; loss of a foot, or of all the toes and

metatarsals of one foot.

(b) Ankylosis, loss of osseous tissue, cicatricial contracture

preventing

the

functioning

of

one

of

the

large

articulations or of all the digital joints of one hand.

(c) Pseudarthrosis of the long bones.

(d) Deformities due to fracture or other injury which

seriously

interfere

with

function

and weight-bearing

power.

(2) All wounded prisoners of war whose condition has

become chronic, to the extent that prognosis appears to

exclude recovery--in spite of treatment--within one year

from the date of the injury, as, for example, in case of:

(a) Projectile in the heart, even if the Mixed Medical

Commission should fail, at the time of their examination,

to detect any serious disorders.

(b) Metallic splinter in the brain or the lungs, even if the

Mixed

Medical

Commission

cannot,

at

the

time

of

examination, detect any local or general reaction.

(c) Osteomyelitis, when recovery cannot be foreseen in

the course of the year following the injury, and which

seems likely to result in ankylosis of a joint, or other

impairments equivalent to the loss of a hand or a foot.

(d) Perforating and suppurating injury to the large joints.

(e) Injury to the skull, with loss or shifting of bony tissue.

(f) Injury or burning of the face with loss of tissue and

functional lesions.

(g) Injury to the spinal cord.

(h) Lesion of the peripheral nerves, the sequelae of which

are equivalent to the loss of a hand or foot, and the cure

of which requires more than a year from the date of

injury, for.example: injury to the brachial or lumbosacral

plexus median or sciatic nerves, likewise combined injury

to the radial and cubital nerves or to the lateral popliteal

nerve (N. peroneous communis) and medial popliteal

nerve (N. tibialis); etc. The separate injury of the radial

(musculo-spiral), cubital, lateral or medial popliteal nerves

shall not, however, warrant repatriation except in case of

contractures or of serious neurotrophic disturbance.

(i) Injury to the urinary system, with incapacitating results.

(3) All sick prisoners of war whose condition has become

chronic to the extent that prognosis seems to exclude

recovery--in, spite of treatment-- within one year from the

inception of the disease, as, for example, in case of:

(a) Progressive tuberculosis of any organ which, according

to

medical

prognosis,

cannot

be

cured

or

at least

considerably improved by treatment in a neutral country.

(b) Exudate pleurisy.

(c)

Serious

diseases

of

the

respiratory

organs

of

non-tubercular

etiology,

presumed

incurable,

for

example: serious pulmonary emphysema, with or without

bronchitis; chronic asthma *; chronic bronchitis * lasting

more than one year in captivity; bronchiectasis *; etc.

(d) Serious chronic affections of the circulatory system, for

example: valvular lesions and myocarditis *, which have

shown signs of circulatory failure during captivity, even

though the Mixed Medical Commission cannot detect

any such signs at the time of examination; affections of

the

pericardium

and

the

vessels

(Buerger's disease,

aneurisms of the large vessels); etc.

(e) Serious chronic affections of the digestive organs, for

example: gastric or duodenal ulcer; sequelae of gastric

operations

performed

in

captivity;

chronic

gastritis,

enteritis or colitis, having lasted more than one year and

seriously affecting the general condition; cirrhosis of the

liver; chronic cholecystopathy *; etc.

(f) Serious chronic affections of the genito-urinary organs,

for

example:

chronic

diseases

of

the

kidney

with

consequent

disorders;

nephrectomy

because

of

a

tubercular kidney; chronic pyelitis or chronic cystitis;

hydronephrosis

or

pyonephrosis;

chronic

grave

gynaecological

conditions;

normal

pregnancy

and

obstetrical

disorder,

where

it

is

impossible

to

accommodate in a neutral country; etc.

(g) Serious chronic diseases of the central and peripheral

nervous system, for example: all obvious psychoses and

psychoneuroses, such as serious hysteria, serious captivity

psychoneurosis, etc., duly verified by a specialist *; any

epilepsy duly verified by the camp physician *; cerebral

arteriosclerosis; chronic neuritis lasting more than one

year; etc.

(h)

Serious

chronic diseases of the neuro-vegetative

system,

with

considerable

diminution

of

mental

or

physical fitness, noticeable loss of weight and general

asthenia.

(i) Blindness of both eyes, or of one eye when the vision of

the other is less than 1 in spite of the use of corrective

glasses; diminution of visual acuity in cases where it is

impossible to restore it by correction to an acuity of 1/2 in

at least one eye *; other grave ocular affections, for

example: glaucoma, iritis, choroiditis; trachoma; etc.

(k) Auditive disorders, such as total unilateral deafness, if

the other ear does not discern the ordinary spoken word

at a distance of one metre *; etc.

(l) Serious affections of metabolism, for example: diabetes

mellitus requiring insulin treatment; etc.

(m)

Serious

disorders

of

the

endocrine

glands,

for

example: thyrotoxicosis; hypothyrosis; Addison's disease;

Simmonds' cachexia; tetany; etc.

(n) Grave and chronic disorders of the blood-forming

organs.

(o) Serious cases of chronic intoxication, for example: lead

poisoning, mercury poisoning, morphinism, cocainism,

alcoholism; gas or radiation poisoning; etc.

(p)

Chronic

affections

of

locomotion,

with

obvious

functional disorders, for example: arthritis deformans;

primary and secondary progressive chronic polyarthritis;

rheumatism with serious clinical symptoms; etc.

(q)

Serious

chronic

skin

diseases,

not

amenable

to

treatment.

(r) Any malignant growth.

(s) Serious chronic infectious diseases, persisting for one

year after their inception, for example: malaria with

decided

organic

impairment,

amoebic

or

bacillary

dysentery with grave disorders; tertiary visceral syphilis

resistant to treatment; leprosy; etc.

(t) Serious avitaminosis or serious inanition.

[NOTE] * The decision of the Mixed Medical Commission

shall be based to a great extent on the records kept by

camp physicians and surgeons of the same nationality as

© Compiled by RGL

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