Section 37p. 37

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

the prisoners of war, or on an examination by medical

specialists of the Detaining Power.

B. ACCOMMODATION IN NEUTRAL COUNTRIES

The following shall be eligible for accommodation in a

neutral country:

(1) All wounded prisoners of war who are not likely to

recover in captivity, but who might be cured or whose

condition

might

be

considerably

improved

by

accommodation in a neutral country.

(2)

Prisoners

of

war

suffering

from

any

form

of

tuberculosis, of whatever organ, and whose treatment in

a neutral country would be likely to lead to recovery or at

least to considerable improvement, with the exception of

primary tuberculosis cured before captivity.

(3) Prisoners of war suffering from affections requiring

treatment

of

the

respiratory,

circulatory,

digestive,

nervous, sensory, genito-urinary, cutaneous, locomotive

organs, etc., if such treatment would clearly have better

results in a neutral country than in captivity.

(4) Prisoners of war who have undergone a nephrectomy

in captivity for a non-tubercular renal affection; cases of

osteomyelitis, on the way to recovery or latent; diabetes

mellitus not requiring insulin treatment; etc.

(5)

Prisoners of war suffering from war or captivity

neuroses. Cases of captivity neurosis which are not cured

after

three

months

of accommodation in a neutral

country, or which after that length of time are not clearly

on the way to complete cure, shall be repatriated.

(6) All prisoners of war suffering from chronic intoxication

(gases, metals, alkaloids, etc.), for whom the prospects of

cure in a neutral country are especially favourable.

(7) All women prisoners of war who are pregnant or

mothers with infants and small children.

The

following

cases

shall

not

be

eligible

for

accommodation in a neutral country:

(1) All duly verified chronic psychoses.

(2) All organic or functional nervous affections considered

to be incurable.

(3) All contagious diseases during the period in which

they are transmissible, with the exception of tuberculosis.

II. General Observations

(1) The conditions given shall, in a general way, be

interpreted and applied in as broad a spirit as possible.

Neuropathic and psychopathic conditions caused by war

or captivity, as well as cases of tuberculosis in all stages,

shall above all benefit by such liberal interpretation.

Prisoners of war who have sustained several wounds,

none of which, considered by itself, justifies repatriation,

shall be examined in the same spirit, with due regard for

the psychic traumatism due to the number of their

wounds.

(2) All unquestionable cases giving the right to direct

repatriation (amputation, total blindness or deafness,

open pulmonary tuberculosis, mental disorder, malignant

growth, etc.) shall be examined and repatriated as soon

as possible by the camp physicians or by military medical

commissions appointed by the Detaining Power.

(3) Injuries and diseases which existed before the war and

which have not become worse, as well as war injuries

which have not prevented subsequent military service,

shall not entitle to direct repatriation.

(4) The provisions of this Annex shall be interpreted and

applied in a similar manner in all countries party to the

conflict. The Powers and authorities concerned shall

grant to Mixed Medical Commissions all the facilities

necessary for the accomplishment of their task.

(5) The examples quoted under (1) above represent only

typical cases. Cases which do not correspond exactly to

these provisions shall be judged in the spirit of the

provisions of Article 110 of the present Convention, and of

the principles embodied in the present Agreement.

Annex II. Regulations Concerning Mixed

Medical Commissions (see Art 112.)

Art 1. The Mixed Medical Commissions provided for in

Article 112 of the Convention shall be composed of three

members, two of whom shall belong to a neutral country,

the third being appointed by the Detaining Power. One of

the neutral members shall take the chair.

Art 2. The two neutral members shall be appointed by the

International Committee of the Red Cross, acting in

agreement with the Protecting Power, at the request of

the Detaining Power. They may be domiciled either in

their country of origin, in any other neutral country, or in

the territory of the Detaining Power.

Art 3. The neutral members shall be approved by the

Parties to the conflict concerned, who shall notify their

approval to the International Committee of the Red Cross

and to the Protecting Power. Upon such notification, the

neutral

members

shall

be

considered

as

effectively

appointed.

Art

4.

Deputy members shall also be appointed in

sufficient number to replace the regular members in case

of need. They shall be appointed at the same time as the

regular members or, at least, as soon as possible.

Art 5. If for any reason the International Committee of the

Red Cross cannot arrange for the appointment of the

neutral

members, this shall be done by the Power

protecting the interests of the prisoners of war to be

examined.

Art 6. So far as possible, one of the two neutral members

shall be a surgeon and the other a physician.

Art 7. The neutral members shall be entirely independent

of the Parties to the conflict, which shall grant them all

facilities in the accomplishment of their duties.

Art 8. By agreement with the Detaining Power, the

International Committee of the Red Cross, when making

the appointments provided for in Articles 2 and 4 of the

present Regulations, shall settle the terms of service of

the nominees.

Art 9. The Mixed Medical Commissions shall begin their

work as soon as possible after the neutral members have

been approved, and in any case within a period of three

months from the date of such approval.

Art 10. The Mixed Medical Commissions shall examine all

the prisoners designated in Article 113 of the Convention.

They shall propose repatriation, rejection, or reference to a

later examination. Their decisions shall be made by a

majority vote.

Art

11.

The

decisions

made

by

the

Mixed

Medical

Commissions

in

each

specific

case

shall

be

communicated, during the month following their visit, to

the Detaining Power, the Protecting Power and the

International Committee of the Red Cross. The Mixed

Medical Commissions shall also inform each prisoner of

war examined of the decision made, and shall issue to

those whose repatriation has been proposed, certificates

similar

to

the

model

appended

to

the

present

Convention.

Art 12. The Detaining Power shall be required to carry out

the decisions of the Mixed Medical Commissions within

three

months

of

the

time

when

it

receives

due

notification of such decisions.

Art 13. If there is no neutral physician in a country where

the services of a Mixed Medical Commission seem to be

required, and if it is for any reason impossible to appoint

neutral doctors who are resident in another country, the

Detaining

Power,

acting

in

agreement

with

the

Protecting Power, shall set up a Medical Commission

which

shall undertake the same duties as a Mixed

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