DEPARTMENT OF DEFENSE LAW OF WAR MANUAL (2015)

refuse to provide this information may not be coerced or exposed to any other unpleasant or

disadvantageous treatment of any kind for failing to respond.

The provision of accountability information is important because it allows the Detaining

Power to fulfill its obligations under the GPW. For example, the Detaining Power requires this

information to establish lists of POWs for evacuation.¹⁶² In addition, the Detaining Power is

required to gather further information on POWs to facilitate notification of their families.¹⁶³

9.8.4.1 POWs Unable to State Their Identity. POWs who, owing to their physical

or mental condition, are unable to state their identity, shall be handed over to the medical

service.¹⁶⁴ The identity of such POWs shall be established by all possible means, subject to the

prohibition on physical or mental torture, or coercion, as well as the prohibition on threats,

insults, or exposure to unpleasant or disadvantageous treatment.¹⁶⁵

9.9 EVACUATION FROM COMBAT AREAS

POWs shall be evacuated, as soon as possible after their capture, to camps situated in an

area far enough from the combat zone for them to be out of danger.¹⁶⁶ POWs shall not be

unnecessarily exposed to danger while awaiting evacuation from a fighting zone.¹⁶⁷

9.9.1 Delay in Evacuation for Medical Reasons. Only those POWs who, owing to

wounds or sickness, would run greater risks by being evacuated than by remaining where they

are, may be temporarily kept back in a danger zone.¹⁶⁸

9.9.2 Conditions of Evacuation. The evacuation of POWs shall always be effected

humanely and in conditions similar to those for the forces of the Detaining Power in their

changes of station.¹⁶⁹ The Detaining Power shall supply POWs who are being evacuated with

sufficient food and potable water, and with the necessary clothing and medical attention.¹⁷⁰ The

¹⁶² Refer to § 9.9.2 (Conditions of Evacuation).

¹⁶³ Refer to § 9.31.1 (Accountability Information That the Detaining Power Should Collect).

¹⁶⁴ GPW art. 17 (“Prisoners of war who, owing to their physical or mental condition, are unable to state their

identity, shall be handed over to the medical service.”).

¹⁶⁵ GPW art. 17 (“The identity of such prisoners shall be established by all possible means, subject to the provisions

of the preceding paragraph.”).

¹⁶⁶ GPW art. 19 (“Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an

area far enough from the combat zone for them to be out of danger.”).

¹⁶⁷ GPW art. 20 (“Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a

fighting zone.”).

¹⁶⁸ GPW art. 19 (“Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being

evacuated than by remaining where they are, may be temporarily kept back in a danger zone.”).

¹⁶⁹ GPW art. 20 (“The evacuation of prisoners of war shall always be effected humaneIy and in conditions similar to

those for the forces of the Detaining Power in their changes of station.”).

¹⁷⁰ GPW art. 20 (“The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food

and potable water, and with the necessary clothing and medical attention.”).

534

Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and

shall establish as soon as possible a list of the POWs who are evacuated.¹⁷¹

Provided that the requirements of humane treatment are met, the Detaining Power may

subject POWs to security measures while evacuating them away from the combat zone. For

example, POWs may be handcuffed, flex-cuffed, or blindfolded for security reasons.¹⁷²

9.9.3 Release Under Unusual Conditions Rather Than Evacuation. When persons

entitled to protection as POWs have fallen into the power of an adverse party under unusual

conditions of combat that prevent their evacuation as provided for in Part III, Section I, of the

GPW, they may be released, provided that feasible precautions are taken to ensure their safety.¹⁷³

Release in such circumstances is permissible, but is not required.¹⁷⁴ In some cases,

enemy forces may give their parole.¹⁷⁵

9.9.3.1 Unusual Conditions of Combat Preventing Evacuation. Unusual

conditions of combat may include airborne operations, commando raids, and long-range

reconnaissance patrols.¹⁷⁶

9.9.3.2 Feasible Precautions to Ensure Safety. POWs may be released in these

circumstances only if feasible precautions are taken to ensure their safety.¹⁷⁷ For example, a

¹⁷¹ GPW art. 20 (“The Detaining Power shall take all suitable precautions to ensure their safety during evacuation,

and shall establish as soon as possible a list of the prisoners of war who are evacuated.”).

¹⁷² Refer to § 9.6 (Security Measures With Respect to POWs).

¹⁷³ Consider AP I art. 41(3) (“When persons entitled to protection as prisoners of war have fallen into the power of

an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III,

Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their

safety.”).

¹⁷⁴ Cf. APPENDIX TO 1985 CJCS MEMO ON AP I, ANNEX-3 (providing a draft proposed understanding to AP I: “9. It

is the understanding of the United States that Article 41, paragraph 3 [of AP I], does not obligate a Detaining Power

to release prisoners of war simply because these individuals cannot be immediately evacuated from a combat zone.

The United States continues to recognize, however, an obligation to provide for the safety of such personnel.”);

2004 UK MANUAL ¶8.32.1 (“If, because of unusual conditions of combat, it is not possible to evacuate prisoners of

war, they are to be released and all feasible precautions taken to ensure their safety. There is no obligation to release

prisoners of war in circumstances in which safe evacuation is temporarily impossible. In such cases, prisoners of

war may be held until release or evacuation is possible. There is, however, a continuing obligation to take all

feasible measures to provide for the safety of such prisoners of war so long as they remain in the custody of the

detaining power. This principle admits of no exception even in the case of airborne, commando, or special forces

operations, although the circumstances of the operation may necessitate rigorous supervision of and restraint upon

the movement of prisoners of war.”).

¹⁷⁵ Refer to § 9.11.2 (Parole of POWs).

¹⁷⁶ BOTHE, PARTSCH, & SOLF, NEW RULES 224 (AP I art. 41, ¶2.4) (“Articles 19 and 20 of the Third Convention

require the prompt and humane evacuation of prisoners of war from the combat zone to places out of the danger

area. In certain types of operations, particularly airborne operations, commando raids, and long range

reconnaissance patrols, compliance with these articles is clearly impractical, and there has been dispute as to what is

required in such cases.”).

¹⁷⁷ Refer to § 5.3.3.2 (What Precautions Are Feasible).

535

long-range reconnaissance patrol need not make itself militarily ineffective by handing over all

its supplies to POWs whom it has captured.¹⁷⁸ However, the patrol should take reasonable steps

under the circumstances to help ensure the POWs’ safety and survival, such as providing them

with a modicum of food and water.¹⁷⁹

9.9.3.3 Accountability Measures. In addition, it is a best practice to take feasible

measures to account for the persons captured and released, such as recording: (1) full names, (2)

serial numbers, (3) unit affiliation, and (4) the time, date, and location of capture and release.

9.10 TRANSIT OR SCREENING FACILITIES

POWs may be sent to transit or screening facilities before internment in a POW camp.

For example, special interrogation centers have been used as screening facilities to interrogate

POWs before their internment in the POW camp.¹⁸⁰

9.10.1 Sending of Capture Cards in Transit or Screening Camps. Even in transit or

screening camps, POWs are to be enabled to send capture cards within one week after arrival at a

camp.¹⁸¹

9.10.2 Transit or Screening Camps Near Military Operations. Facilities within a zone of

military operations are often established in order to house POWs captured during military

operations in that particular zone that, due to their proximity to the fighting, are not able to meet

¹⁷⁸ Cf. XV OFFICIAL RECORDS OF THE CDDH 384 (Committee III Report, CDDH/236/Rev.1, ¶24) (“Paragraph 3

dealing with the release of prisoners who could not be evacuated proved quite difficult. The phrase ‘unusual

conditions of combat’ was intended to reflect the fact that that circumstance would be abnormal. What, in fact, most

representatives referred to was the situation of the long distance patrol which is not equipped to detain and evacuate

prisoners. The requirement that all ‘feasible precautions’ be taken to ensure the safety of released prisoners was

intended to emphasize that the detaining power, even in those extraordinary circumstances, was expected to take all

measures that were practicable in the light of the combat situation. In the case of the long distance patrol, it need not

render itself ineffective by handing the bulk of its supplies over to the released prisoners, but it should do all that it

reasonably can do, in view of all the circumstances, to ensure their safety.”).

¹⁷⁹ 1958 UK MANUAL ¶137 note 1 (“Whether a commander may release prisoners of war in the circumstances stated

in the text [commando operations and other situations in which it is not feasible to care for POWs] is not clear. No

provision is made in the Convention [the GPW] for such release, and there may well be occasions when such a

release will deprive the prisoners of war of such maintenance and food as is available, as, for example, if they are

released in a desert or jungle or in mountainous districts. If such a release be made, it would seem clear that the

commander should supply the prisoners with that modicum of food, water, and weapons as would give them a

chance of survival.”).

¹⁸⁰ For example, John Brown Mason, German Prisoners of War in the United States, 39 AJIL 198, 203 (1945) (“In

American practice [during World War II], the prisoners are questioned at special interrogation centers. Practically

no complaint has been made by the prisoners to the Swiss Legation about the treatment in these transient centers.”).

¹⁸¹ Refer to § 9.20.1 (Capture, Health, or Transfer Card).

536

all the requirements of the GPW.¹⁸² Transit or screening facilities must, however, provide

POWs reasonable protection from the effects of combat, basic sanitation, and food and water.¹⁸³

If POWs must, during evacuation, pass through transit camps, their stay in such camps

shall be as brief as possible.¹⁸⁴

9.10.3 Facilities of a Permanent Nature. Transit or screening camps of a permanent kind

shall be fitted out under conditions similar to those described in Section II of the GPW for

regular internment camps for POWs, and the POWs in those camps shall have the same

treatment as in other camps.¹⁸⁵

9.10.4 Use of Ships for Temporary Detention. POWs may be detained temporarily on

board a ship if operational or humanitarian needs dictate, pending a reasonable opportunity to

transfer them to a shore facility, or to another vessel for evacuation to a shore facility.¹⁸⁶ For

example, they may be temporarily detained on board naval vessels: (a) while being transported

between land facilities; or (b) if such action would appreciably improve their safety or health

prospects, such as avoidance of exposure to severe environmental or combat conditions, or

improved access to medical care for those requiring it. Such limited detention does not violate

the requirement for internment of POWs on land.¹⁸⁷

¹⁸² GPW COMMENTARY 176 (“The camps mentioned in the present paragraph are those which the military

authorities may have to establish in a combat zone in order to house prisoners captured during military operations in

that particular zone. In view of the fact that they are near the fighting zone, it is not always possible to require that

such camps should fulfil all the material conditions specified in the Convention.”).

¹⁸³ Refer to § 9.9.2 (Conditions of Evacuation).

¹⁸⁴ GPW art. 20 (“If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps

shall be as brief as possible.”).

¹⁸⁵ GPW art. 24 (“Transit or screening camps of a permanent kind shall be fitted out under conditions similar to

those described in the present Section, and the prisoners therein shall have the same treatment as in other camps.”).

¹⁸⁶ For example, 1997 MULTI-SERVICE DETENTION REGULATION § 2-1.b (“Special policy pertaining to the

temporary detention of EPW, CI, RP and other detained persons aboard United States Naval Vessels: (1) Detention

of EPW/RP on board naval vessels will be limited. (2) EPW recovered at sea may be temporarily held on board as

operational needs dictate, pending a reasonable opportunity to transfer them to a shore facility, or to another vessel

for transfer to a shore facility.

(3) EPW/RP may be temporarily held aboard naval vessels while being transported

between land facilities. They may also be treated and temporarily quartered aboard naval vessels incidental to their

treatment, to receive necessary and appropriate medical attention if such detention would appreciably improve their

health or safety prospects.

(4) Holding of EPW/RP on vessels must be temporary, limited to the minimum period

necessary to evacuate them from the combat zone or to avoid significant harm that would be faced if detained on

land.

(5) Use of immobilized vessels for temporary holding of EPW/RP is not authorized without SECDEF

approval.”).

¹⁸⁷ Refer to § 9.11.3.1 (Location on Land).

537

9.11 GENERAL CONDITIONS IN POW CAMPS: LOCATION, SAFETY, HYGIENE, AND LIVING

CONDITIONS

9.11.1 Internment in POW Camps. The Detaining Power may subject POWs to

internment.¹⁸⁸ It may impose on them the obligation of not leaving, beyond certain limits, the

camp where they are interned, or if that camp is fenced in, of not going outside its perimeter.¹⁸⁹

9.11.1.1 Prohibition on Close Confinement. Subject to the provisions of the GPW

relative to penal and disciplinary sanctions, POWs may not be held in close confinement except

where necessary to safeguard their health and then only during the continuation of the

circumstances that make such confinement necessary.¹⁹⁰

9.11.2 Parole of POWs. POWs may be partially or wholly released on parole or promise,

in so far as is allowed by the laws of the Power on which they depend.¹⁹¹ Such measures shall

be taken particularly in cases where this may contribute to the improvement of their state of

health.¹⁹² No POW shall be compelled to accept liberty on parole or promise.¹⁹³

Upon the outbreak of hostilities, each party to the conflict shall notify the adverse party

of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or

promise.¹⁹⁴ U.S. policy prohibits U.S. servicemembers from accepting parole or special favors

from the enemy.¹⁹⁵

POWs who are paroled or who have given their promise in conformity with the laws and

regulations so notified are bound on their personal honor scrupulously to fulfill, both towards the

Power on which they depend and towards the Power that has captured them, the engagements of

their paroles or promises.¹⁹⁶ In such cases, the Power on which they depend is bound neither to

require nor to accept from them any service incompatible with the parole or promise given.¹⁹⁷

¹⁸⁸ GPW art. 21 (“The Detaining Power may subject prisoners of war to internment.”).

¹⁸⁹ GPW art. 21 (“It may impose on them the obligation of not leaving, beyond certain limits, the camp where they

are interned, or if the said camp is fenced in, of not going outside its perimeter.”).

¹⁹⁰ GPW art. 21 (“Subject to the provisions of the present Convention relative to penal and disciplinary sanctions,

prisoners of war may not be held in close confinement except where necessary to safeguard their health and then

only during the continuation of the circumstances which make such confinement necessary.”).

¹⁹¹ GPW art. 21 (“Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed

by the laws of the Power on which they depend.”).

¹⁹² GPW art. 21 (“Such measures shall be taken particularly in cases where this may contribute to the improvement

of their state of health.”).

¹⁹³ GPW art. 21 (“No prisoner of war shall be compelled to accept liberty on parole or promise.”).

¹⁹⁴ GPW art. 21 (“Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the

laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise.”).

¹⁹⁵ Refer to § 9.39.1.3 (Code of Conduct - Article III).

¹⁹⁶ GPW art. 21 (“Prisoners of war who are paroled or who have given their promise in conformity with the laws and

regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which

they depend and towards the Power which has captured them, the engagements of their paroles or promises.”);

HAGUE IV REG. art. 10 (“Prisoners of war may be set at liberty on parole if the laws of their country allow, and in

538

9.11.3 Location of POW Camps.

9.11.3.1 Location on Land. POWs may be interned only in premises located on

land.¹⁹⁸ This rule is intended to ensure that POWs are interned in a relatively safe and healthy

environment. For example, in prior conflicts, POWs interned on ships were not held in hygienic

and humane conditions. Similarly, POWs held on ships faced increased risk from the dangers of

war.

Because the purpose of the rule is to provide for the detention of POWs in a relatively

safe and healthy environment, detention aboard ship for POWs captured at sea or pending the

establishment of suitable facilities on land is nonetheless consistent with the GPW if detention on

a ship provides the most appropriate living conditions for POWs.¹⁹⁹ Ships may also be used to

transport POWs or for screening.²⁰⁰

9.11.3.2 Use of Penitentiaries as POW Camps. Except in particular cases that are

justified by the interests of the POWs themselves, POWs shall not be interned in

penitentiaries.²⁰¹ This rule reflects the principle that POW detention is not punitive, but also

recognizes that penitentiaries may sometimes provide the most appropriate lodging.²⁰²

such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and

the Government by whom they were made prisoners, the engagements they have contracted. In such cases their own

Government is bound neither to require of nor accept from them any service incompatible with the parole given.”).

¹⁹⁷ GPW art. 21 (“In such cases, the Power on which they depend is bound neither to require nor to accept from them

any service incompatible with the parole or promise given.”).

¹⁹⁸ GPW art. 22 (“Prisoners of war may be interned only in premises located on land and affording every guarantee

of hygiene and healthfulness.”).

¹⁹⁹ For example, Gregory P. Noone, Christian P. Fleming, Robert P. Morean, John V. Danner, Jr., Philip N. Fluhr,

Jr., Jonathan I. Shapiro, Sandra L. Hodgkinson, Edward J. Cook, & Dillon L. Ross IV, Prisoners of War in the 21st

Century: Issues in Modern Warfare, 50 NAVAL LAW REVIEW 1, 16 (2004) (“During OIF [Operation Iraqi

Freedom], a U.S. naval vessel in the Persian Gulf served as a temporary detention facility for EPWs. EPW

internment camps in Iraq were not yet ready for prisoners. Additionally, Kuwait refused to allow Coalition forces to

build EPW camps in Kuwait and they would not allow Coalition forces to bring EPWs into Kuwait. The cavernous

hold of USS DUBUQUE (LPD-8), an amphibious assault ship, was converted into a detention facility where

prisoners were held and interrogated as EPWs until camps were operational on shore.”); Joint Chiefs of Staff, Memo

re: Policy Concerning Temporary Detention of Prisoners of War, Civilian Internees, and Other Detained Persons

Aboard Naval Vessels, ¶2a.(3) -¶2b (Aug. 24, 1984) (“PW/CI/DET may be temporarily held on board naval vessels

if such detention would appreciably improve the safety or health prospects for the PW/CI/DET. b. Holding of

PW/CI/DET on board vessels must be truly temporary, limited to the minimum period necessary to evacuate the

PW/CI/DET from the combat zone or to avoid the significant harm the PW/CI/DET would face if detained on

land.”); 2004 UK MANUAL ¶8.37.1 footnote 123 (“[Temporary internment on board ship for the purpose of

evacuation from the combat zone] was done during the Falklands conflict 1982, with the concurrence of the ICRC,

because there was nowhere suitable to hold PW on the Falklands Islands and the intention was to repatriate them as

quickly as possible.”).

²⁰⁰ Refer to § 9.10.4 (Use of Ships for Temporary Detention).

²⁰¹ GPW art. 22 (“Except in particular cases which are justified by the interest of the prisoners themselves, they shall

not be interned in penitentiaries.”).

²⁰² For example, I REPORT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THE

SECOND WORLD WAR (SEPTEMBER 1, 1939 - JUNE 30, 1947) 248 (1948) (“Experience in the recent War showed that

539

9.11.3.3 Location Outside the Theater of Military Operations. The GPW does not

prohibit locating POW camps outside the theater of military operations, and there is much State

practice in conducting detention operations outside of the theater in which POWs were

captured.²⁰³ Although the GC imposes geographic restrictions on the transfer of protected

persons held in occupied territory, the GPW does not impose such restrictions on the transfer of

POWs from the territory in which they were captured.²⁰⁴

Locating POW camps outside the theater of operations may be necessary for security

(such as to discourage escape or reduce risk of enemy raids to release POWs) or other military

reasons, such as improving the safety of POWs.

9.11.4 Safety of POW Camps.

9.11.4.1 Avoidance of the Combat Zone. POW camps should be situated in an

area far enough from the combat zone for POWs to be out of danger.²⁰⁵

9.11.4.2 Sharing Information on the Location of POW Camps. Detaining Powers

shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful

information regarding the geographic location of POW camps.²⁰⁶

9.11.4.3 Marking of POW Camps. Whenever military considerations permit,

POW camps shall be indicated in the daytime by the letters “PW” or “PG,” placed so as to be

clearly visible from the air.²⁰⁷ The Powers concerned may, however, agree upon any other

system of marking.²⁰⁸ No place, other than an internment camp, shall be marked as such.²⁰⁹

a great variety of buildings and quarters were put into service. A converted penitentiary, for example, proved a

better lodging than many other buildings.”).

²⁰³ For example, Martin Tollefson, Enemy Prisoners of War, 32 IOWA LAW REVIEW 51, 59 (1946) (“The total

number of enemy prisoners of war interned within the United States [during World War II] was 435,788. Included

were 378,898 Germans, 51,455 Italians, and 5,435 Japanese. The number of prisoners of war in the United States

was somewhat negligible prior to January 1943. It increased rapidly beginning with May of that year, largely as a

result of the success of the African campaign. The increase continued irregularly but speedily until it reached its

peak shortly after the surrender of Germany, when the influx of prisoners of war from Europe ceased.”).

²⁰⁴ Refer to § 11.12.3 (Prohibition Against Forcible Transfers and Deportations).

²⁰⁵ Cf. GPW art. 19 (“Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in

an area far enough from the combat zone for them to be out of danger.”).

²⁰⁶ GPW art. 23 (“Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting

Powers, all useful information regarding the geographical location of prisoner of war camps.”).

²⁰⁷ GPW art. 23 (“Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time

by the letters PW or PG, placed so as to be clearly visible from the air.”).

²⁰⁸ GPW art. 23 (“The Powers concerned may, however, agree upon any other system of marking.”).

²⁰⁹ GPW art. 23 (“Only prisoner of war camps shall be marked as such.”).

540

The caveat that POW camps need to be marked, as such, only when military

considerations permit was intended to allow for camps not to be marked, e.g., if marking camps

would provide landmarks that would facilitate aerial bombardment by the enemy.²¹⁰

9.11.4.4 Air-Raid Shelters and Protective Measures for POWs. POWs shall have

shelters against air bombardment and other hazards of war, to the same extent as the local

civilian population.²¹¹ With the exception of those engaged in the protection of their quarters

against these hazards, they may enter such shelters as soon as possible after the giving of the

alarm.²¹² Any other protective measure taken in favor of the population shall also apply to

POWs.²¹³

9.11.4.5 Fire Precautions. All precautions must be taken in POW camps against

the danger of fire.²¹⁴

9.11.5 Hygiene of POW Camps. POWs may be interned only in premises affording

every guarantee of hygiene and healthfulness.²¹⁵ POWs interned in unhealthy areas, or where

the climate is injurious for them, shall be removed as soon as possible to a more favorable

climate.²¹⁶

9.11.5.1 Necessary Sanitary Measures. The Detaining Power shall be bound to

take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to

prevent epidemics.²¹⁷ For example, the Detaining Power should give POWs medical

examinations upon arrival, disinfect them, and provide them with any necessary inoculations.²¹⁸

²¹⁰ II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 254 (“Miss BECKETT (United

Kingdom) said that her Delegation was opposed to any mandatory provision regarding the marking of prisoner of

war camps, owing to the small area of the United Kingdom. Camps so marked would provide excellent landmarks

in the event of aerial bombardment. Large countries might conclude special agreements on the matter.”).

²¹¹ GPW art. 23 (“Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same

extent as the local civilian population.”).

²¹² GPW art. 23 (“With the exception of those engaged in the protection of their quarters against the aforesaid

hazards, they may enter such shelters as soon as possible after the giving of the alarm.”).

²¹³ GPW art. 23 (“Any other protective measure taken in favour of the population shall also apply to them.”).

²¹⁴ GPW art. 25 (“All precautions must be taken against the danger of fire.”).

²¹⁵ GPW art. 22 (“Prisoners of war may be interned only in premises located on land and affording every guarantee

of hygiene and healthfulness.”).

²¹⁶ GPW art. 22 (“Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be

removed as soon as possible to a more favourable climate.”).

²¹⁷ GPW art. 29 (“The Detaining Power shall be bound to take all sanitary measures necessary to ensure the

cleanliness and healthfulness of camps and to prevent epidemics.”).

²¹⁸ GPW COMMENTARY 206 (“Among the special measures which the Detaining Power must take in regard to

prisoners of war, we would mention first very strict examination upon entry into the camp, thorough disinfection and

inoculation with all necessary vaccines.”).

541

In addition, quarters should be kept free from vermin, and POWs suffering from contagious

diseases should be placed in quarantine as needed.²¹⁹

Although the Detaining Power is ultimately responsible for sanitary conditions, the

Detaining Power may require POWs to assist in ensuring that POW camps are clean and healthy.

For example, POWs may be assigned cleaning duties.²²⁰ Additionally, POWs may be required

to take baths or showers if necessary for health reasons.²²¹ Similarly, POWs may be required to

receive inoculations to prevent the spread of contagious diseases.

9.11.5.2 Sanitary Conveniences (e.g., latrines, bathrooms). POWs shall have for

their use, day and night, conveniences that conform to the rules of hygiene and are maintained in

a constant state of cleanliness.²²² The term “sanitary conveniences” should be taken to mean

primarily the latrines. Access to the latrines at night is specified in the 1949 Geneva

Conventions because lack of access was a frequent problem in POW camps in World War II.²²³

In any camps in which women POWs are accommodated, separate conveniences shall be

provided for them.²²⁴

9.11.5.3 Showers, Baths, Personal Toilet, and Laundry. Also, apart from the

baths and showers with which the camps shall be furnished, POWs shall be provided with

sufficient water and soap for their personal toilet and for washing their personal laundry; the

necessary installations, facilities, and time shall be granted them for that purpose.²²⁵ For

²¹⁹ GPW COMMENTARY 207 (“Prisoners suffering from contagious diseases must be placed in quarantine. Careful

attention must also be paid to quarters, and all necessary measures taken to keep them free of vermin.”). Refer to

§ 9.14.1.1 (Camp Infirmary).

²²⁰ Refer to § 9.19.2.3 (Labor Assignments That May Be Compelled).

²²¹ GPW COMMENTARY 208 (“Baths and showers may be made compulsory for prisoners of war, provided no risk to

their health is involved. This interpretation is not based on the present provision [paragraph 3 of GPW art. 29], but

on paragraph 1 of this Article, which requires the Detaining Power to take all necessary sanitary measures. If baths

and showers are considered necessary to ensure healthfulness in the camps and to prevent epidemics, they must be

compulsory.”).

²²² GPW art. 29 (“Prisoners of war shall have for their use, day and night, conveniences which conform to the rules

of hygiene and are maintained in a constant state of cleanliness.”).

²²³ See GPW COMMENTARY 207 (“During the Second World War, prisoners of war sometimes had no access to the

conveniences during the night. The new Convention makes an express stipulation in this respect.”); I REPORT OF

THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THE SECOND WORLD WAR

(SEPTEMBER 1, 1939 - JUNE 30, 1947) 263 (1948) (“Delegates of the ICRC frequently drew the attention of camp

commandants to the fact that sanitary conveniences were insufficient in number and often inaccessible to PW at

night.”).

²²⁴ GPW art. 29 (“In any camps in which women prisoners of war are accommodated, separate conveniences shall be

provided for them.”).

²²⁵ GPW art. 29 (“Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war

shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the

necessary installations, facilities and time shall be granted them for that purpose.”).

542

example, the POW camp may have camp laundry facilities that the POWs may use to wash their

clothes, or the POWs may have access to a laundry service outside the camp.²²⁶

Although the frequency with which baths or showers may be taken is not specified, a

reasonable opportunity (e.g., considering the available resources, the POWs’ cultural practices,

the activities in which they are engaged) should be afforded.²²⁷

9.11.6 Conditions of Living Quarters. POWs shall be quartered under conditions as

favorable as those for the forces of the Detaining Power who are billeted in the same area.²²⁸

These conditions shall make allowance for the habits and customs of the POWs and shall in no

case be prejudicial to their health.²²⁹ In particular, the dormitories of POWs as regards both total

surface and minimum cubic space, and the general installations, bedding, and blankets for

POWs, should be as favorable as those of the forces of the Detaining Power in that area and

should allow for their habits and customs.²³⁰

The premises provided for the use of POWs individually or collectively shall be entirely

protected from dampness and adequately heated and lighted, in particular between dusk and

lights out.²³¹

9.11.6.1 Separate Dormitories for Women. In any camps in which women POWs,

as well as men, are accommodated, separate dormitories shall be provided for women POWs.²³²

Although the GPW refers only to separate dormitories and the quarters as a whole need

not necessarily be separated, the Detaining Power may provide separate quarters or even camps

for men and women POWs, as appropriate.²³³

²²⁶ See GPW COMMENTARY 208 (“The time allowed must also be sufficient for the washing of personal laundry. In

camps where other ranks are interned, this task is usually performed by the prisoners themselves; in camps for

officers, it is usually done outside the camp against payment.”).

²²⁷ See also GPW COMMENTARY 208 (“In the first place, this paragraph [of article 29 of the GPW] provides that the

camps must be furnished with baths and showers. Taking into account the difficulties which the Detaining Power

may have in providing hot baths and showers for a large number of prisoners, one bath or shower per week for each

prisoner may be considered reasonable.”).

²²⁸ GPW art. 25 (“Prisoners of war shall be quartered under conditions as favourable as those for the forces of the

Detaining Power who are billeted in the same area.”).

²²⁹ GPW art. 25 (“The said conditions shall make allowance for the habits and customs of the prisoners and shall in

no case be prejudicial to their health.”).

²³⁰ GPW art. 25 (“The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards

both total surface and minimum cubic space, and the general installations, bedding and blankets.”).

²³¹ GPW art. 25 (“The premises provided for the use of prisoners of war individually or collectively, shall be entirely

protected from dampness and adequately heated and lighted, in particular between dusk and lights out.”).

²³² GPW art. 25 (“In any camps in which women prisoners of war, as well as men, are accommodated, separate

dormitories shall be provided for them.”).

²³³ GPW COMMENTARY 195 (“Strictly speaking, this paragraph refers only to dormitories and the quarters as a

whole need not necessarily be separated; the Detaining Power is, however, at liberty to provide separate quarters if it

deems fit and in order more easily to fulfil the other requirements of the Convention with regard to women

prisoners.”).

543

9.12 SEGREGATION OF POWS

Although the Detaining Power must treat POWs without any adverse distinction based

upon race, nationality, religion, or political belief, or any other distinction based upon similar

criteria,²³⁴ the Detaining Power shall assemble POWs in camps or camp compounds according to

their nationality, language, and customs, and may use other similar criteria to segregate detainees

in order to maintain order in the camps or to impose punishment, or for medical reasons.

9.12.1 Assembling According to Nationality, Language, and Customs. The Detaining

Power shall assemble POWs in camps or camp compounds according to their nationality,

language, and customs, provided that such POWs shall not be separated from POWs belonging

to the armed forces with which they were serving at the time of their capture, except with their

consent.²³⁵ For example, unless they otherwise consent, POWs who are serving in the armed

forces of a State of which they are not nationals should be quartered with POWs from that State

as opposed to with POWs of their nationality.

The assembling of POWs on the basis of nationality, language, and customs is intended

to ameliorate the possibility of cultural conflicts within POW camps, such as those that occurred

during World War I.²³⁶

9.12.1.1 Other Permissible Criteria for Segregating POWs. In addition to

nationality, language, and customs, the Detaining Power may segregate POWs along the basis of

other criteria to advance legitimate interests, such as maintaining order in camps or imposing

punishment, or for medical reasons.²³⁷ For example, it may be appropriate to segregate POWs

on the basis of political opinion.²³⁸ POWs who are deserters or who fear attacks by other POWs

may also be segregated.²³⁹ In addition, it may be appropriate to segregate POWs based on

²³⁴ Refer to § 9.5.5 (No Adverse Distinction Based on Race, Nationality, Religion, or Political Belief).

²³⁵ GPW art. 22 (“The Detaining Power shall assemble prisoners of war in camps or camp compounds according to

their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war

belonging to the armed forces with which they were serving at the time of their capture, except with their consent.”).

²³⁶ GPW COMMENTARY 183 (“The First World War was the first occasion on which soldiers of every race and

nationality fought on the same battlefields, and the very varied composition of armed forces sometimes raised

difficult problems for the Detaining Powers. It was difficult to expect men to live side by side solely because they

had belonged to the same armed forces when not only their culture and civilization were very different, but also they

had customs and habits which differed very much, for instance in matters of hygiene.”).

²³⁷ 1956 FM 27-10 (Change No. 1 1976) ¶92b (“The foregoing provision [GPW art. 16] does not preclude the

segregation of prisoners of war to maintain order in camps, to impose punishment, or for medical reasons.”).

²³⁸ For example, LEVIE, POWS 178 (“The incidents which occurred in the prisoner-of-war camps there [during the

Korean War] demonstrated that where ideology is concerned, and where there is a major schism within the prisoner-

of-war group itself, segregation by political opinion may be an absolute requirement in order to ensure the safety of

many of the prisoners of war. Once again, it is necessary to state that there is no valid objection to this procedure as

long as there is, nevertheless, compliance with the provisions of the third paragraph of Article 22 and as long as

there is no discrimination in the treatment received by the individuals confined in different camps or compounds.”).

²³⁹ For example, Gordon Risius, Prisoners of War in the United Kingdom, in PETER ROWE, THE GULF WAR 1990-91

IN INTERNATIONAL AND ENGLISH LAW 289, 298 (1993) (“Four [Iraqi] prisoners [of war held in the United Kingdom]

were accommodated separately at their own request. They considered themselves to be deserters, and were

concerned that they might be attacked by the other prisoners if they were not segregated.”).

544

whether they are connected with potential war crimes proceedings.²⁴⁰ POWs may be segregated

according to their known or suspected security risk level. A combination of classifications may

be used to ensure an orderly and secure POW camp.²⁴¹

9.13 FOOD, WATER, TOBACCO, AND CLOTHING FOR POWS

9.13.1 Food for POWs. The basic daily food rations shall be sufficient in quantity,

quality, and variety to keep POWs in good health and to prevent loss of weight or the

development of nutritional deficiencies.²⁴²

9.13.1.1 Accounting for the Habitual Diet. Account shall also be taken of the

habitual diet of the POWs.²⁴³ For example, the POWs’ cultural and religious requirements

should be considered in determining and ensuring the appropriate diet.²⁴⁴ The preparation of the

food by the POWs themselves also helps conform the food to the POWs’ habitual diet.²⁴⁵

²⁴⁰ For example, DEPARTMENT OF THE ARMY PAMPHLET 20-213, History of Prisoner Of War Utilization By The

United States Army, 1776-1945, 253 (Jun. 24, 1955) (“All Japanese PW’s were divided into two classes after

screening—processed and categorized. A processed prisoner of war was one who had been questioned and found

not to be connected with any war crime. His name was recorded, a serial number assigned, and he was sent to a

branch PW labor camp pending repatriation. A categorized prisoner of war was one held as a war criminal or as a

material witness to atrocities committed by members of the Japanese forces. These were segregated from the other

prisoners, but were eligible for use as laborers under adequate security.”).

²⁴¹ For example, Martin Tollefson, Enemy Prisoners of War, 32 IOWA LAW REVIEW 51, 59 (1946) (“The most

effective means, however, of stopping the crime wave [of murder and forced suicides in U.S.-run POW camps in

World War II] and other troubles, among prisoners of war, was the adoption of a well-planned program of

segregation. Prisoners were carefully screened and re-screened, classified, segregated, and transferred to camps

accordingly. At the one extreme were found the rabid Nazis, and at the other the confirmed anti-Nazis, with the

great mass of German prisoners falling in a middle category. In addition, there were many finer classifications and

segregations. The trouble makers, the Gestapo agents, and the SS and SA men, for instance, had to be segregated

from those who were willing to cooperate irrespective of their political views. Those who were inclined to be

particularly cooperative had to be given protection. Approximately one dozen different classes of camps were

maintained to make the segregation effective.”).

²⁴² GPW art. 26 (“The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of

war in good health and to prevent loss of weight or the development of nutritial deficiencies.”).

²⁴³ GPW art. 26 (“Account shall also be taken of the habitual diet of the prisoners.”).

²⁴⁴ For example, FINAL REPORT ON THE PERSIAN GULF WAR 585 (“Rations for EPW were nourishing. The usual

menu consisted of: Four slices of bread w/jam, cheese, 1/4 liter milk or juice for breakfast; 1 US meal ready to eat,

North Atlantic Treaty Organization, or Saudi rations for lunch; and, beans, tomatoes, rice, meat (lamb or chicken),

and tea for supper. Items prohibited by local and regional religious beliefs were not served to EPWs. US personnel

removed these items from ration packets and replaced them with acceptable substitutes.”).

²⁴⁵ GPW COMMENTARY 198 (“The present provision, which is additional to the requirements in the first sentence,

should ensure that prisoners are provided with food corresponding to their needs, their taste and their habits.

Paragraph 4 of this same Article [Article 26 of the GPW], which provides that prisoners of war may be associated

with the preparation of their meals, will facilitate the application of this clause.”).

545

9.13.1.2 Additional Food for Certain Groups. The Detaining Power shall supply

POWs who work with such additional rations as are necessary for the labor on which they are

employed.²⁴⁶

9.13.1.3 No Collective Disciplinary Measures Affecting Food. Collective

disciplinary measures affecting food are prohibited.²⁴⁷ The use of food as an inducement to

recalcitrant POWs to restore order in a POW camp is permissible.²⁴⁸

9.13.1.4 Messing and Means for Preparing Additional Food. Adequate premises

shall be provided for messing.²⁴⁹ Supervision of messes by the POWs themselves shall be

facilitated in every way.²⁵⁰

POWs shall, as far as possible, be associated with the preparation of their meals; they

may be employed for that purpose in the kitchens.²⁵¹ Furthermore, they shall be given the means

of preparing, themselves, the additional food in their possession.²⁵² For example, the POWs

should have access to facilities to prepare food purchased at the canteen or received in relief

packages.

9.13.2

Drinking Water. Sufficient drinking water shall be supplied to POWs.²⁵³

9.13.3

Use of Tobacco. The use of tobacco shall be permitted.²⁵⁴

The Detaining Power

is not required to give tobacco to POWs, but should offer it for sale at the canteen.²⁵⁵ The

Detaining Power may impose reasonable restrictions on smoking to ensure that the camp is a

healthful and safe environment.

²⁴⁶ GPW art. 26 (“The Detaining Power shall supply prisoners of war who work with such additional rations as are

necessary for the labour on which they are employed.”).

²⁴⁷ GPW art. 26 (“Collective disciplinary measures affecting food are prohibited.”).

²⁴⁸ LEVIE, POWS 130 footnote 115 (“During the rioting at Koje-do in Korea in 1952 (see note V-8 infra), in order to

move recalcitrant Communist prisoners of war to smaller, more manageable, prisoner-of-war compounds where

control by the Detaining Power could be reestablished, the military authorities of the United Nations Command

made food available in the new, small compounds and refused to make it available in the old, large compounds. If

the prisoner of war wanted to eat, he had to move to the new compound. The ICRC Delegate took the position that

this was collective punishment involving food. The United Nations Command took the position that as food was

available in the new compounds, to which the prisoners of war were free to move, there was no denial of food to

them.”).

²⁴⁹ GPW art. 26 (“Adequate premises shall be provided for messing.”).

²⁵⁰ GPW art. 44 (“Supervision of the mess by the officers themselves shall be facilitated in every way.”); GPW art.

45 (“Supervision of the mess by the prisoners themselves shall be facilitated in every way.”).

²⁵¹ GPW art. 26 (“Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they

may be employed for that purpose in the kitchens.”).

²⁵² GPW art. 26 (“Furthermore, they shall be given the means of preparing, themselves, the additional food in their

possession.”).

²⁵³ GPW art. 26 (“Sufficient drinking water shall be supplied to prisoners of war.”).

²⁵⁴ GPW art. 26 (“The use of tobacco shall be permitted.”).

²⁵⁵ Refer to § 9.17 (Canteens for POWs).

546

9.13.4 Clothing for POWs. Clothing, underwear, and footwear shall be supplied to

POWs in sufficient quantities by the Detaining Power, which shall make allowance for the

climate of the region where the POWs are detained.²⁵⁶ The regular replacement and repair of

these articles shall be assured by the Detaining Power.²⁵⁷

9.13.4.1 Uniforms for POWs. Uniforms of enemy armed forces captured by the

Detaining Power should, if suitable for the climate, be made available to clothe POWs.²⁵⁸ The

Power to which the POWs belong may send uniforms to the POWs through the Protecting

Powers or ICRC.²⁵⁹

The GPW does not prohibit providing POWs with uniforms of the armed forces of the

Detaining Power. If this were necessary, it would be appropriate to remove insignia or alter the

uniforms, which would reduce the risk that POWs might be mistaken for members of the armed

forces of the Detaining Power.²⁶⁰

Similarly, uniforms or other clothing for POWs may contain markings denoting the

individuals as POWs because the absence of any such markings may facilitate escape.²⁶¹ Any

markings on clothing for POWs must be consistent with the principle of respect for the person

and honor of the POW and, therefore, may not be humiliating or degrading.²⁶²

9.13.4.2 Appropriate Clothing for Work. POWs who work shall receive

appropriate clothing, wherever the nature of the work demands.²⁶³

²⁵⁶ GPW art. 27 (“Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by

the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained.”).

²⁵⁷ GPW art. 27 (“The regular replacement and repair of the above articles shall be assured by the Detaining

Power.”).

²⁵⁸ GPW art. 27 (“Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the

climate, be made available to clothe prisoners of war.”).

²⁵⁹ For example, I REPORT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THE

SECOND WORLD WAR (SEPTEMBER 1, 1939 - JUNE 30, 1947) 258 (1948) (“As in the case of food, countries whose

economic conditions were considerably impaired by the war could not make adequate provision of the clothing of

the prisoners in their hands. The Powers to which these PW belonged thereupon sent large quantities of uniforms to

the camps through the ICRC. The object was not only to ensure that PW should have enough clothing, but also to

give them uniforms of their national forces, which in any case could not be supplied by the detaining Power.”).

²⁶⁰ Cf. GPW COMMENTARY 201 (“Prisoners may in no case be obliged to wear the uniform of the Detaining Power if

they consider that their honour does not so permit (Article 14, paragraph 1). The Detaining Power must therefore, as

a minimum, alter those uniforms, in particular by removing all badges of nationality.”).

²⁶¹ GPW COMMENTARY 201 (“Detaining Powers have never been willing to allow prisoners of war to wear civilian

clothing, in order not to make escape easier.”).

²⁶² Refer to § 9.5.3 (Protection Against Insults and Public Curiosity). Compare § 10.13.4.1 (No Humiliating

Clothing).

²⁶³ GPW art. 27 (“In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of

the work demands.”).

547

9.14 MEDICAL ATTENTION FOR INTERNED POWS

In addition to the rules relating to the general rules applicable to the medical care of the

wounded and sick,²⁶⁴ the following rules also apply to the medical care of POWs who have been

interned in POW camps.

The GPW and the GWS contemplate that POWs will benefit from the services of retained

medical personnel or POWs who are trained as medical personnel but not attached to the medical

service.²⁶⁵ However, the provision in the GPW and the GWS for such personnel does not relieve

the Detaining Power of its obligations to provide for the medical care of POWs.²⁶⁶

9.14.1 Access to Medical Attention.

9.14.1.1 Camp Infirmary. Every camp shall have an adequate infirmary where

POWs may have the attention they require, as well as an appropriate diet.²⁶⁷ Isolation wards

shall, if necessary, be set aside for cases of contagious or mental disease.²⁶⁸

9.14.1.2 Right of POWs to Present Themselves for Examination. POWs may not

be prevented from presenting themselves to the medical authorities for examination.²⁶⁹

The GPW contemplates that POWs would have daily sick call in which they could

present themselves for medical examination, even when undergoing disciplinary punishment.²⁷⁰

The right of POWs to present themselves for examination does not mean that POWs must

necessarily be examined every day by a doctor, nor does it preclude disciplinary punishment if

POWs abusively make groundless requests for medical examination.²⁷¹

9.14.1.3 Monthly Medical Inspections. Medical inspections of POWs shall be

held at least once a month.²⁷² They shall include the checking and the recording of the weight of

each POW.²⁷³ Their purpose shall be, in particular, to supervise the general state of health,

nutrition, and cleanliness of POWs, and to detect contagious diseases, especially tuberculosis,

²⁶⁴ Refer to § 7.5.2 (Medical Care of the Wounded and Sick).

²⁶⁵ Refer to § 7.9 (Captured Medical and Religious Personnel).

²⁶⁶ Refer to § 7.9.6 (No Relief of Obligations of the Detaining Power).

²⁶⁷ GPW art. 30 (“Every camp shall have an adequate infirmary where prisoners of war may have the attention they

require, as well as appropriate diet.”).

²⁶⁸ GPW art. 30 (“Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease.”).

²⁶⁹ GPW art. 30 (“Prisoners of war may not be prevented from presenting themselves to the medical authorities for

examination.”).

²⁷⁰ Refer to § 9.27.6.4 (Attendance at Daily Medical Inspection and Medical Attention).

²⁷¹ Compare § 10.14.1.2 (Right of Internees to Present Themselves for Examination).

²⁷² GPW art. 31 (“Medical inspections of prisoners of war shall be held at least once a month.”).

²⁷³ GPW art. 31 (“They shall include the checking and the recording of the weight of each prisoner of war.”).

548

malaria, and venereal disease.²⁷⁴ For this purpose, the most efficient methods available shall be

employed.²⁷⁵ The GPW gives as an example periodic mass miniature radiography for early

detection of tuberculosis, but medical experts should be consulted for the best practices.

9.14.2 Medical Treatment for Interned POWs.

9.14.2.1 Persons Requiring Special Treatment. POWs suffering from serious

disease, or whose condition necessitates special treatment, a surgical operation, or hospital care,

must be admitted to any military or civilian medical unit where such treatment can be given,

even if their repatriation is contemplated in the near future.²⁷⁶ Special facilities shall be afforded

for the care to be given to the disabled, in particular to the blind, and for their rehabilitation,

pending repatriation.²⁷⁷

9.14.2.2 Treatment by Medical Personnel of the Power on Which They Depend.

POWs shall have the attention, preferably, of medical personnel of the Power on which they

depend and, if possible, of their nationality.²⁷⁸ The preference for POWs to have the attention of

the medical personnel of the Power on which they depend is also reflected in the provisions of

the GPW and GWS on the duties of retained personnel.²⁷⁹

These medical personnel may be retained personnel or persons who are trained as

medical personnel but not attached to the medical service in their armed forces.²⁸⁰

9.14.2.3 Certification Recording Treatment. The detaining authorities shall, upon

request, issue to every POW who has undergone treatment an official certificate indicating the

nature of his or her illness or injury, and the duration and kind of treatment received.²⁸¹ A

duplicate of this certificate shall be forwarded to the Central POW Information Agency.²⁸²

²⁷⁴ GPW art. 31 (“Their purpose shall be, in particular, to supervise the general state of health, nutrition and

cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease.”).

²⁷⁵ GPW art. 31 (“For this purpose the most efficient methods available shall be employed, e. g. periodic mass

miniature radiography for the early detection of tuberculosis.”).

²⁷⁶ GPW art. 30 (“Prisoners of war suffering from serious disease, or whose condition necessitates special treatment,

a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment

can be given, even if their repatriation is contemplated in the near future.”).

²⁷⁷ GPW art. 30 (“Special facilities shall be afforded for the care to be given to the disabled, in particular to the

blind, and for their rehabilitation, pending repatriation.”).

²⁷⁸ GPW art. 30 (“Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which

they depend and, if possible, of their nationality.”).

²⁷⁹ Refer to § 7.9.3 (Duties of Retained Personnel).

²⁸⁰ Refer to § 4.9 (Military Medical and Religious Personnel); § 4.5.2.2 (Members Trained as Medical Personnel, but

Not Attached to the Medical Service).

²⁸¹ GPW art. 30 (“The detaining authorities shall, upon request, issue to every prisoner who has undergone

treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment

received.”).

²⁸² GPW art. 30 (“A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.”).

549

9.14.2.4 Cost of Treatment. The costs of treatment, including those of any

apparatus necessary for the maintenance of POWs in good health, particularly dentures and other

artificial appliances, and eyeglasses, shall be borne by the Detaining Power.²⁸³

9.14.3 Receipt of Medical Supplies. POWs may receive individual parcels and collective

shipments containing medical supplies.²⁸⁴ However, medical supplies generally are to be sent in

collective shipments so that they may be properly administered by the camp doctors.²⁸⁵

9.14.4 Inquiry in Certain Cases of Death or Serious Injury. In certain cases of death or

serious injury of a POW, an official inquiry shall be conducted by the Detaining Power.²⁸⁶

9.15 RELIGIOUS EXERCISE BY POWS

POWs 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.²⁸⁷

The GPW and the GWS contemplate that POWs will benefit from the services of retained

chaplains or POWs who are ministers of religion without having officiated as chaplains to their

own forces.²⁸⁸ However, the provision in the GPW and the GWS for such personnel does not

relieve the Detaining Power of its obligations to provide for the exercise of religion by POWs.²⁸⁹

9.15.1 Premises for Religious Services for POWs. Adequate premises shall be provided

where religious services may be held.²⁹⁰ The premises where services are held should be

sufficiently spacious and clean, and should provide effective shelter to those attending services,

but need not be set aside exclusively for religious services.²⁹¹

9.15.2 Chaplains. Chaplains who fall into the hands of the enemy Power and who remain

or are retained with a view to assisting POWs shall be allowed to minister to them and to

²⁸³ GPW art. 30 (“The costs of treatment, including those of any apparatus necessary for the maintenance of

prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne

by the Detaining Power.”).

²⁸⁴ Refer to § 9.20.3 (Receipt of Individual and Collective Relief Shipments for POWs).

²⁸⁵ Refer to § 9.20.3.2 (Medical Supplies in Relief Shipments).

²⁸⁶ Refer to § 9.34.5 (Inquiries Into Death or Serious Injury of POWs in Certain Cases).

²⁸⁷ GPW 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.”).

²⁸⁸ Refer to § 7.9 (Captured Medical and Religious Personnel).

²⁸⁹ Refer to § 7.9.6 (No Relief of Obligations of the Detaining Power).

²⁹⁰ GPW art. 34 (“Adequate premises shall be provided where religious services may be held.”).

²⁹¹ GC COMMENTARY 388 (“It does not seem essential that these premises should be set aside exclusively for

religious services. The parallel text in the Prisoners of War Convention (Article 34, paragraph 2) speaks of

‘adequate’ premises. In both cases, it should be understood that the premises where services are held should be

sufficiently spacious and clean and so built as to give effective shelter to those attending the services.”).

550

exercise freely their ministry among POWs of the same religion, in accordance with their

religious conscience.²⁹² They shall be allocated among the various camps and labor detachments

containing POWs belonging to the same forces, speaking the same language, or practicing the

same religion.²⁹³

9.15.3 Appointment of Other Ordained Ministers or Qualified Laypersons. When POWs

do not have the assistance of a retained chaplain or of a POW minister of their faith, a minister

belonging to the POWs’ or a similar denomination, or in his or her absence a qualified layperson,

if such a course is feasible from a confessional point of view, shall be appointed, at the request of

the POWs concerned, to fill this office.²⁹⁴ This appointment, subject to the approval of the

Detaining Power, shall take place with the agreement of the community of POWs concerned and,

wherever necessary, with the approval of the local religious authorities of the same faith.²⁹⁵ The

person thus appointed shall comply with all regulations established by the Detaining Power in

the interests of discipline and military security.²⁹⁶

9.16 INTELLECTUAL, PHYSICAL, AND RECREATIONAL ACTIVITIES

While respecting the individual preferences of every POW, the Detaining Power shall

encourage the practice of intellectual, educational, and recreational pursuits, and sports and

games, among POWs, and shall take the measures necessary to ensure the exercise thereof by

providing them with adequate premises and necessary equipment.²⁹⁷ Adequate premises and

necessary equipment may include, for example, musical instruments, theatrical accessories,

books, language courses, recreation rooms, or soccer fields.²⁹⁸

²⁹² GPW 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.”).

²⁹³ GPW art. 35 (“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.”).

²⁹⁴ GPW 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.”).

²⁹⁵ GPW art. 37 (“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.”).

²⁹⁶ GPW art. 37 (“The person thus appointed shall comply with all regulations established by the Detaining Power in

the interests of discipline and military security.”).

²⁹⁷ GPW 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.”).

²⁹⁸ For example, GPW COMMENTARY 237 (“During the Second World War the problem was often solved to the

complete satisfaction of the prisoners of war. They were provided with musical instruments, theatrical accessories,

books, language courses, recreation rooms, football fields, etc. The necessary equipment was usually supplied by

relief societies or purchased by the prisoners themselves.”).

551

9.16.1 Voluntariness of the Activities. The Detaining Power should seek to encourage

the POWs in engaging in these activities, while respecting their individual preferences. For

example, it would be prohibited to compel POWs to listen to propaganda or to punish them if

they do not participate.²⁹⁹

On the other hand, as reflected in U.S. practice, censoring educational or intellectual

materials for security reasons or to refrain from providing POWs with anti-democratic political

propaganda would be permissible.³⁰⁰ Such censorship would be consistent with the general

authority of the Detaining Power to censor POW correspondence and shipments with a view

towards deleting or confiscating matter prejudicial to its military security.³⁰¹

9.16.2 Education. The GPW does not provide specifically for the Detaining Power to

grant facilities for POWs to continue their studies or to take up new subjects as the GC does for

internees.³⁰² Nonetheless, as the duration of detention increases, the Detaining Power should

make an effort to do so as part of its general obligation to encourage intellectual and educational

pursuits among POWs.³⁰³

²⁹⁹ GPW COMMENTARY 237 (“[W]here propaganda involves inhuman treatment, it is ipso facto contrary to the

Conventions, since such treatment is expressly prohibited. Where no inhuman treatment is involved, propaganda is

nevertheless usually dangerous for prisoners of war and contrary to the Conventions, since it may be inconsistent

with equality of treatment, respect for honour and, in particular, the present provision which affirms the right of

prisoners to use their leisure time according to their own preferences.”). For example, The Secretary of Defense’s

Advisory Committee on Prisoners of War, POW The Fight Continues After The Battle: The Report of the Secretary

of Defense’s Advisory Committee on Prisoners of War 10-11 (Aug. 1955) (“[T]he enemy had established a system

of indoctrination courses. The prisoner might start the hard way—and be punished by restricted rations and other

privations. If he began to show the ‘proper spirit’—to cooperate with his captors—he was lectured and handed

Communist literature. A docile prisoner who read the literature and listened politely to the lectures, was graduated

to a better class. Finally he might be sent to ‘Peaceful Valley.’ In this lenient camp the food was relatively good.

Prisoners might even have tobacco. And here they were given all sorts of Marxian propaganda. The graduates from

‘Peaceful Valley’ and others who accepted Communist schooling were called ‘Progressives.’ Prisoners who refused

to go along with the program often remained in tougher circumstances. They were considered ‘Reactionaries.’”).

³⁰⁰ For example, Office of the Provost Marshal General, World War II - A Brief History 443 (1946) (“Libraries and

reading rooms were permitted to be maintained by prisoners, subject to censorship of the reading material. This

censorship was exercised largely at the camp level. As time went on, however, increasing staff supervision was

exercised by the Office of The Provost Marshal General, since quantities of reading material were available from

welfare agencies and other sources, and censorship at the camp level was often impractical. Supervision was

exercised by directives, correspondence with camps, and extensive liaison with welfare agencies and the Office of

Censorship. Publications which related to military matters or which contained anti-democratic political propaganda

were excluded.”).

³⁰¹ Refer to § 9.20.6 (Censorship and Security Review of POW Correspondence and Shipments).

³⁰² Refer to § 10.16.2 (Education).

³⁰³ For example, Office of the Provost Marshal General, World War II - A Brief History 443 (1946) (“The need of

educating prisoners became, progressively, of increasing importance and was reflected in additional coverage in the

official regulations and directives. Opportunities developed for prisoners to receive further education, subject to

certain limitations which were required because of the prisoners’ status. At the beginning the prisoners themselves

took the initiative, aided by relief societies. Once launched, their efforts were given all necessary aid from the War

Department, whether the courses were at elementary, secondary, or collegiate level.”).

552

To advance educational opportunities for POWs, the Detaining Power may seek ways to

encourage and assist them in teaching one another.³⁰⁴

9.16.3 Opportunities for Physical Exercise and for Being Outdoors. POWs shall have

opportunities for taking physical exercise, including sports and games, and for being outdoors.³⁰⁵

Sufficient open spaces shall be provided for this purpose in all camps.³⁰⁶

9.16.4 Contributions by Sources Apart From the Detaining Power. Apart from the

Detaining Power, POWs may receive assistance from a variety of sources that allow them to

engage in intellectual, physical, and recreational activities.

For example, relief organizations, including the ICRC, may contribute to ensuring that

POWs have opportunities for intellectual, physical, and recreational activities.³⁰⁷ In addition,

POWs may receive shipments that are intended to allow them to engage in these activities.³⁰⁸

Profits from the canteen may also be used for this purpose.³⁰⁹

9.17 CANTEENS FOR POWS

Canteens shall be established in all camps, where POWs may procure foodstuffs, soap

and tobacco, and ordinary articles for daily use.³¹⁰ The purpose is to improve the morale of

POWs by offering goods that are beyond the minimum necessities.³¹¹

9.17.1 Establishment of Canteens. Canteens should be established within a reasonable

period of time, such as after more basic camp facilities have been established and similar

facilities have been established for U.S. forces in the area. In conflicts of short duration or where

POWs are to be transferred to another party to the conflict for longer-term internment, it may be

unnecessary to establish a canteen.

³⁰⁴ DEPARTMENT OF THE ARMY PAMPHLET 20-213, History of Prisoner Of War Utilization By The United States

Army, 1776-1945, 160 (Jun. 24, 1955) (“The War Department encouraged the PW’s to organize formal study

courses and allowed them to select a director of studies from their group to organize and promote educational and

recreational activities. The PW’s also selected qualified teachers and instructors who were given sufficient free time

to carry out their educational work. These were paid the standard rate for their educational duties when the work

excluded them from other paid labor. The expenses of the educational program, including the pay of the director

and teachers, came from the PW fund of the camp served.”).

³⁰⁵ GPW art. 38 (“Prisoners shall have opportunities for taking physical exercise, including sports and games, and

for being out of doors.”).

³⁰⁶ GPW art. 38 (“Sufficient open spaces shall be provided for this purpose in all camps.”).

³⁰⁷ Refer to § 9.33.2 (Access by Relief Societies and Other Organizations).

³⁰⁸ Refer to § 9.20.3 (Receipt of Individual and Collective Relief Shipments for POWs).

³⁰⁹ Refer to § 9.17.3 (Camp Canteen Management and Profits).

³¹⁰ GPW art. 28 (“Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and

tobacco and ordinary articles in daily use.”).

³¹¹ LEVIE, POWS 143 (“The existence of the canteen and the availability for sale of canteen-type articles has an

affirmative effect on morale the extent of which is incalculable.”).

553

9.17.1.1 “Comfort Pack” Instead of Canteen and Advance of Pay. Before

canteens can be established, the need for a canteen may be mitigated if POWs are provided a free

“comfort pack.” The “comfort pack” was developed during Operation DESERT STORM for U.S.

military personnel during the period before opening of exchanges in which such items were

available for purchase. Comfort packs were provided to enemy POWs for similar reasons.³¹²

9.17.2 Canteen Stock and Prices. Canteens are like a base or post exchange for POWs.

The canteen stock should include foodstuffs, soap, tobacco, and other ordinary articles for daily

use, but need not include luxury items. Ordinary articles for daily use may include, but are not

limited to, items such as correspondence materials (e.g., stationary, pencils, pens, ink, stamps),

supplies for repairing personal effects (e.g., buttons, thread, shoe laces), personal hygiene

articles, tobacco, water, soft drinks, other non-alcoholic beverages, and reading materials.³¹³

The canteen need not stock alcoholic beverages.³¹⁴

The prices at canteens shall never be in excess of local market prices.³¹⁵

9.17.3 Camp Canteen Management and Profits. Canteen profits shall be used for the

benefit of the POWs, and a special fund shall be created for this purpose.³¹⁶ The POW

Representative shall have the right to collaborate in the management of the canteen and of this

fund.³¹⁷ The wishes expressed by the POWs should be considered to the extent consistent with

camp regulations, and the profits should be used whenever needed to improve the conditions for

POWs.³¹⁸

³¹² For example, W. Hays Parks, Special Assistant for Law of War Matters, Office of the Judge Advocate General of

the Army, Enemy Prisoner of War Health and Comfort Pack (Oct. 28, 1994) (“In the 1991 Gulf War, the U.S. Army

issued Iraqi EPW health and comfort packs provided by the ICRC or from U.S. stocks (that is, sundry packs for U.S.

soldiers), but did not establish canteens within the EPW camps due to the short duration of the conflict and EPW

transfer to Saudi Arabian authorities. Tobacco was provided separately, gratis.”).

³¹³ GPW COMMENTARY 203 (“The term ‘ordinary articles in daily use’ means, in addition to soap and tobacco,

which are specifically mentioned: (a) all necessary supplies for correspondence (paper, pencils, pens, ink, stamps,

etc.); (b) all necessary toilet articles (towels, brushes, razors, combs, nail scissors, etc.); (c) all necessary supplies for

repairing personal effects (buttons, thread, needles, shoe-laces, etc.); (d) miscellaneous articles (pocket torches and

batteries, string, pen-knives, handkerchiefs, etc.).”).

³¹⁴ GPW COMMENTARY 203 (“The camp authorities may prohibit the sale of alcoholic drinks, but must permit the

sale of all other health-giving, refreshing or fortifying beverages, hot or cold, and, if possible, milk.”).

³¹⁵ GPW art. 28 (“The tariff shall never be in excess of local market prices.”).

³¹⁶ GPW art. 28 (“The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund

shall be created for this purpose.”).

³¹⁷ GPW art. 28 (“The prisoners’ representative shall have the right to collaborate in the management of the canteen

and of this fund.”).

³¹⁸ GPW COMMENTARY 204 (“It must be emphasized that, in accordance with the present paragraph, the fund must

be used for the benefit of the prisoners. The wishes expressed by the prisoners must therefore be taken into

consideration, to the extent that they do not run contrary to the regulations ensuring good administration and

discipline in the camp. The Detaining Power may not utilize canteen profits to make up any shortcomings for which

it is responsible. On the other hand, it is also recommended that canteen profits should not be hoarded, but should

be utilized whenever needed in order to improve the lot of the prisoners.”).

554

9.17.3.1 Use of Canteen Profits for Working Pay of the POW Representative.

Canteen profits should also be used for working pay of the POW Representative, of his or her

advisers, if any, and of his or her assistants.³¹⁹

9.17.3.2 Disposition of Canteen Profits Upon Camp Closure. When a camp is

closed, the credit balance of the special fund shall be handed to an international welfare

foundation, to be employed for the benefit of POWs of the same nationality as those who have

contributed to the fund.³²⁰ In case of a general repatriation, the profits shall be kept by the

Detaining Power, subject to any agreement to the contrary between the Powers concerned.³²¹

9.18 FINANCIAL RESOURCES OF POWS

9.18.1 Detaining Power Regulations on the Maximum Amount of Money in POW

Possession. Upon the outbreak of hostilities, and pending an arrangement on this matter with the

Protecting Power, the Detaining Power may determine the maximum amount of money in cash

or in any similar form that POWs may have in their possession.³²² Any amount in excess, which

was properly in their possession and which has been taken or withheld from them, shall be

placed to their account, together with any monies deposited by them, and shall not be converted

into any other currency without their consent.³²³

9.18.2 Purchases Outside the POW Camp. If POWs are permitted to purchase services or

commodities outside the camp “against payment in cash,” such payments shall be made by the

POW himself or herself or by the camp administration who will charge them to the accounts of

the POWs concerned.³²⁴ The Detaining Power will establish the necessary rules in this

respect.³²⁵

³¹⁹ Refer to § 9.24.4.5 (Working Pay of POW Representatives, Advisers, and Assistants).

³²⁰ GPW art. 28 (“When a camp is closed down, the credit balance of the special fund shall be handed to an

international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those

who have contributed to the fund.”).

³²¹ GPW art. 28 (“In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any

agreement to the contrary between the Powers concerned.”).

³²² GPW art. 58 (“Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting

Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that

prisoners may have in their possession.”).

³²³ GPW art. 58 (“Any amount in excess, which was properly in their possession and which has been taken or

withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be

converted into any other currency without their consent.”).

³²⁴ GPW art. 58 (“If prisoners of war are permitted to purchase services or commodities outside the camp against

payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will

charge them to the accounts of the prisoners concerned.”).

³²⁵ GPW art. 58 (“The Detaining Power will establish the necessary rules in this respect.”).

555

9.18.3 Advance of Pay. The Detaining Power shall grant all POWs a monthly advance of

pay, the amount of which shall be fixed by conversion into the currency of the Detaining

Power.³²⁶

This money allows POWs to purchase items at the canteen. This money may be paid in

scrip or vouchers that can be used only in the POW camp, to prevent POWs from having or

hoarding currency that might facilitate their escape.

Since the promulgation of the GPW, advances of pay to POWs by the Detaining Power

have been infrequent.³²⁷

9.18.3.1 GPW Specified Amounts for Monthly Advances of Pay. Article 60 of the

GPW specifies the following amounts for monthly advances of pay:³²⁸

• Category I: POWs ranking below sergeants: eight Swiss francs.³²⁹

• Category II: Sergeants and other non-commissioned officers, or POWs of equivalent

rank: twelve Swiss francs.³³⁰

• Category III: Warrant officers and commissioned officers below the rank of major or

POWs of equivalent rank: fifty Swiss francs.³³¹

• Category IV: Majors, lieutenant-colonels, colonels, or POWs of equivalent rank: sixty

Swiss francs.³³²

• Category V: General officers or POWs of equivalent rank: seventy-five Swiss francs.³³³

³²⁶ GPW art. 60 (“The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of

which shall be fixed by conversion, into the currency of the said Power, of the following amounts: …”).

³²⁷ For example, W. Hays Parks, Special Assistant for Law of War Matters, Office of the Judge Advocate General of

the Army, Enemy Prisoner of War Health and Comfort Pack (Oct. 28, 1994) (“U.S. and allied or Coalition

personnel held as prisoners of war during the Korean, Vietnam and 1991 Gulf Wars were not provided an advance

of pay by their captors. Although members of the Panamanian Defense Force were not entitled to EPW status, the

United States Army provided an advance of pay during Operation Just Cause (1989-90); the process proved

cumbersome and unnecessarily complicated, as there was no budget or budget item designated for EPW advance of

pay. The money was not recouped from the Government of Panama. No record could be found of the establishment

of an advance of pay system by any nation in any conflict since promulgation of the 1949 GPW.”).

³²⁸ GPW art. 60 (“The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of

which shall be fixed by conversion, into the currency of the said Power, of the following amounts:”).

³²⁹ GPW art. 60 (“Category I: Prisoners ranking below sergeants: eight Swiss francs.”).

³³⁰ GPW art. 60 (“Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank:

twelve Swiss francs.”).

³³¹ GPW art. 60 (“Category III: Warrant officers and commissioned officers below the rank of major or prisoners of

equivalent rank: fifty Swiss francs.”).

³³² GPW art. 60 (“Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss

francs.”).

³³³ GPW art. 60 (“Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.”).

556

“POWs of equivalent rank” refers to POWs, such as persons authorized to accompany the

armed forces, who are not members of the armed forces and thus do not have a military rank.³³⁴

9.18.3.2 Special Agreement to Modify the Amount of Advances of Pay. The

parties to the conflict concerned may, by special agreement, modify the amount of advances of

pay due to POWs of the categories specified in Article 60 of the GPW.³³⁵

9.18.3.3 Procedure for Limiting Amounts Drawn From Accounts Pending Special

Agreement. If the amounts indicated in Article 60 of the GPW would be unduly high compared

with the pay of the Detaining Power’s armed forces or would, for any reason, seriously

embarrass the Detaining Power, then, pending the conclusion of a special agreement with the

Power on which the POWs depend to vary the amounts indicated above, the Detaining Power:³³⁶

• shall continue to credit the accounts of the POWs with the amounts indicated in the first

paragraph of Article 60 of the GPW;³³⁷

• may temporarily limit the amount made available from these advances of pay to POWs

for their own use, to sums that are reasonable, but that, for Category I, shall never be

inferior to the amount that the Detaining Power gives to the members of its own armed

forces.³³⁸

The reasons for any limitations will be given without delay to the Protecting Power.³³⁹

9.18.3.4 Reimbursement by the Power on Which the POWs Depend. Advances of

pay, issued to POWs in conformity with Article 60 of the GPW, shall be considered as made on

behalf of the Power on which they depend.³⁴⁰

Such advances of pay, as well as all payments made by the Power on which the POWs

depend under the third paragraph of Article 63 of the GPW (payments made by the POW in their

own country³⁴¹) and Article 68 of the GPW (claims by POWs for compensation for personal

³³⁴ Refer to § 9.22.4.1 (Communication of Titles and Ranks).

³³⁵ GC art. 60 (“However, the Parties to the conflict concerned may by special agreement modify the amount of

advances of pay due to prisoners of the preceding categories.”).

³³⁶ GPW art. 60 (“Furthermore, if the amounts indicated in the first paragraph above would be unduly high

compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the

Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend

to vary the amounts indicated above, the Detaining Power:”).

³³⁷ GPW art. 60 (“(a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first

paragraph above;”).

³³⁸ GPW art. 60 (“(b) may temporarily limit the amount made available from these advances of pay to prisoners of

war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount

that the Detaining Power gives to the members of its own armed forces.”).

³³⁹ GPW art. 60 (“The reasons for any limitations will be given without delay to the Protecting Power.”).

³⁴⁰ GPW art. 67 (“Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as

made on behalf of the Power on which they depend.”).

³⁴¹ Refer to § 9.18.5.1 (Payments Made in the POW’s Own Country).

557

loss³⁴²), shall form the subject of arrangements between the Powers concerned, at the close of

hostilities.³⁴³

9.18.4 Supplementary Pay From the Power on Which the POWs Depend. The Detaining

Power shall accept for distribution as supplementary pay to POWs sums that the Power on which

the POWs depend may forward to them, on condition that the sums to be paid shall be the same

for each POW of the same category, shall be payable to all POWs of that category depending on

that Power, and shall be placed in their separate accounts, at the earliest opportunity, in

accordance with the provisions of Article 64 of the GPW.³⁴⁴ Such supplementary pay shall not

relieve the Detaining Power of any obligation under the GPW.³⁴⁵

9.18.5 Remittances and Other Money Transfers. POWs shall be permitted to receive

remittances of money addressed to them individually or collectively.³⁴⁶

Every POW shall have at his or her disposal the credit balance of his or her account as

provided for in the Article 64 of the GPW, within the limits fixed by the Detaining Power, which

shall make such payments as are requested.³⁴⁷ Subject to financial or monetary restrictions that

the Detaining Power regards as essential, POWs may also have payments made abroad.³⁴⁸ In

this case, payments addressed by POWs to dependents shall be given priority.³⁴⁹

9.18.5.1 Payments Made in the POW’s Own Country. In any event, and subject to

the consent of the Power on which they depend, POWs may have payments made in their own

country, as follows:

• The Detaining Power shall send to the Power on which the POWs depend, through the

Protecting Power, a notification giving all the necessary particulars concerning the

³⁴² Refer to § 9.19.6.1 (Claims for Compensation From Injury or Other Disability Arising Out of Work); § 9.18.7

(Claims by POWs in Respect of Personal Loss).

³⁴³ GPW art. 67 (“Such advances of pay, as well as all payments made by the said Power under Article 63, third

paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of

hostilities.”).

³⁴⁴ GPW art. 61 (“The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums

which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be

the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that

Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions

of Article 64.”).

³⁴⁵ GPW art. 61 (“Such supplementary pay shall not relieve the Detaining Power of any obligation under this

Convention.”).

³⁴⁶ GPW art. 63 (“Prisoners of war shall be permitted to receive remittances of money addressed to them

individually or collectively.”).

³⁴⁷ GPW art. 63 (“Every prisoner of war shall have at his disposal the credit balance of his account as provided for in

the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are

requested.”).

³⁴⁸ GPW art. 63 (“Subject to financial or monetary restrictions which the Detaining Power regards as essential,

prisoners of war may also have payments made abroad.”).

³⁴⁹ GPW art. 63 (“In this case payments addressed by prisoners of war to dependents shall be given priority.”).

558

POWs, the beneficiaries of the payments, and the amount of the sums to be paid,

expressed in the Detaining Power’s currency.³⁵⁰

• This notification shall be signed by the POWs and countersigned by the camp

commander.³⁵¹

• The Detaining Power shall debit the POWs’ accounts by a corresponding amount; the

sums thus debited shall be placed by it to the credit of the Power on which the POWs

depend.³⁵²

To apply the foregoing provisions, the Detaining Power may usefully consult the Model

Regulations in Annex V of the GPW.³⁵³

9.18.6 POW Accounts. The Detaining Power shall hold an account for each POW,

showing at least the following:³⁵⁴

• the amounts due to the POW or received by him or her as advances of pay, as working

pay or derived from any other source;

• the sums in the currency of the Detaining Power that were taken from him or her;

• the sums taken from the POW and converted at his or her request into the currency of that

Power;

• the payments made to the POW in cash, or in any other similar form;

• the payments made on his or her behalf and request; and

• the sums transferred for payments made in a POW’s own country under the third

paragraph of Article 63 of the GPW.³⁵⁵

³⁵⁰ GPW art. 63 (“In any event, and subject to the consent of the Power on which they depend, prisoners may have

payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the

Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the

beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s

currency.”).

³⁵¹ GPW art. 63 (“The said notification shall be signed by the prisoners and countersigned by the camp

commander.”).

³⁵² GPW art. 63 (“The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus

debited shall be placed by it to the credit of the Power on which the prisoners depend.”).

³⁵³ GPW art. 63 (“To apply the foregoing provisions, the Detaining Power may usefully consult the Model

Regulations in Annex V of the present Convention.”).

³⁵⁴ GPW art. 64 (“The Detaining Power shall hold an account for each prisoner of war, showing at least the

following: (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived

from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken

from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in

cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under

Article 63, third paragraph.”).

559

Every item entered in the account of a POW shall be countersigned or initialed by the

POW, or by the POW Representative acting on his or her behalf.³⁵⁶

POWs shall at all times be afforded reasonable facilities for consulting and obtaining

copies of their accounts, which may likewise be inspected by the representatives of the

Protecting Powers at the time of visits to the camp.³⁵⁷

9.18.6.1 Cash in POW Hands Taken at the Time of Capture. Cash that was taken

from POWs, in accordance with Article 18 of the GPW, at the time of their capture, and that is in

the currency of the Detaining Power, shall be placed to their separate accounts, in accordance

with the Article 64 of the GPW.³⁵⁸

The amounts, in the currency of the Detaining Power, due to the conversion of sums in

other currencies that are taken from the POWs at the same time, shall also be credited to their

separate accounts.³⁵⁹

9.18.6.2 Personal Account in the Event of Transfers to Another POW Camp.

When POWs are transferred from one camp to another, their personal accounts will follow

them.³⁶⁰ In case of transfer from one Detaining Power to another, the monies that are their

property and are not in the currency of the Detaining Power will follow them.³⁶¹ POWs shall be

given certificates for any other monies standing to the credit of their accounts.³⁶²

³⁵⁵ Refer to § 9.18.5.1 (Payments Made in the POW’s Own Country).

³⁵⁶ GPW art. 65 (“Every item entered in the account of a prisoner of war shall be countersigned or initialled by him,

or by the prisoners’ representative acting on his behalf.”).

³⁵⁷ GPW art. 65 (“Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining

copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time

of visits to the camp.”).

³⁵⁸ GPW art. 59 (“Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their

capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in

accordance with the provisions of Article 64 of the present Section.”). Refer to § 9.7.4.1 (Unexplained Possession of

Large Sums of Money by POWs); § 9.18.1 (Detaining Power Regulations on the Maximum Amount of Money in

POW Possession).

³⁵⁹ GPW art. 59 (“The amounts, in the currency of the Detaining Power, due to the conversion of sums in other

currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate

accounts.”).

³⁶⁰ GPW art. 65 (“When prisoners of war are transferred from one camp to another, their personal accounts will

follow them.”).

³⁶¹ GPW art. 65 (“In case of transfer from one Detaining Power to another, the monies which are their property and

are not in the currency of the Detaining Power will follow them.”).

³⁶² GPW art. 65 (“They shall be given certificates for any other monies standing to the credit of their accounts.”).

560

9.18.6.3 Periodic Notification of the Amount of the Accounts of POWs. The

parties to the conflict concerned may agree to notify to each other at specific intervals, through

the Protecting Power, the amount of the accounts of the POWs.³⁶³

9.18.6.4 Statements of Credit Balance on Termination of Captivity. On the

termination of captivity, through the release of a POW or the POW’s repatriation, the Detaining

Power shall give him or her a statement, signed by an authorized officer of that Power, showing

the credit balance then due to the POW.³⁶⁴

The Detaining Power shall also send through the Protecting Power to the government

upon which the POWs depend lists giving all appropriate particulars of all POWs whose

captivity has been terminated by repatriation, release, escape, death, or any other means, and

showing the amount of their credit balances.³⁶⁵ Such lists shall be certified on each sheet by an

authorized representative of the Detaining Power.³⁶⁶

These rules may be varied by mutual agreement between any two parties to the

conflict.³⁶⁷

9.18.6.5 Responsibility for Credit Balance Due From the Detaining Power on the

Termination of Captivity. The Power on which the POWs depend shall be responsible for

settling with each POW any credit balance due to him or her from the Detaining Power on the

termination of the POW’s captivity.³⁶⁸

9.18.7 Claims by POWs in Respect of Personal Loss. Any claim by a POW for

compensation in respect of personal effects, monies, or valuables impounded by the Detaining

Power under Article 18 of the GPW and not forthcoming on his or her repatriation, or in respect

of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise

be referred to the Power on which the POW depends.³⁶⁹ Nevertheless, any such personal effects

³⁶³ GPW art. 65 (“The Parties to the conflict concerned may agree to notify to each other at specific intervals

through the Protecting Power, the amount of the accounts of the prisoners of war.”).

³⁶⁴ GPW art. 66 (“On the termination of captivity, through the release of a prisoner of war or his repatriation, the

Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit

balance then due to him.”).

³⁶⁵ GPW art. 66 (“The Detaining Power shall also send through the Protecting Power to the government upon which

the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been

terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit

balances.”).

³⁶⁶ GPW art. 66 (“Such lists shall be certified on each sheet by an authorized representative of the Detaining

Power.”).

³⁶⁷ GPW art. 66 (“Any of the above provisions of this Article may be varied by mutual agreement between any two

Parties to the conflict.”).

³⁶⁸ GPW art. 66 (“The Power on which the prisoner of war depends shall be responsible for settling with him any

credit balance due to him from the Detaining Power on the termination of his captivity.”).

³⁶⁹ GPW art. 68 (“Any claim by a prisoner of war for compensation in respect of personal effects, monies or

valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect

of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the

Power on which he depends.”).

561

required for use by the POW while in captivity shall be replaced at the expense of the Detaining

Power.³⁷⁰

The Detaining Power will, in all cases, provide the POW with a statement, signed by a

responsible officer, showing all available information regarding the reasons why such effects,

monies, or valuables have not been restored to him or her.³⁷¹ A copy of this statement will be

forwarded to the Power on which he or she depends through the Central POW Information

Agency provided for in Article 123 of the GPW.³⁷²

9.19 POW LABOR

The Detaining Power may use the labor of POWs 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.³⁷³

9.19.1 Determining the Appropriate Labor Assignment. In determining whether labor

should be compelled, as well as the appropriate labor assignment for a POW, the POW’s age,

gender, rank, and physical aptitude should be considered.³⁷⁴

9.19.1.1 Labor Assignment - Non-Commissioned Officers. Noncommissioned

officers shall only be required to do supervisory work.³⁷⁵ Noncommissioned officers who are

not required to do supervisory work may ask for other suitable work, which shall, so far as

possible, be found for them.³⁷⁶

³⁷⁰ GPW art. 68 (“Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity

shall be replaced at the expense of the Detaining Power.”).

³⁷¹ GPW art. 68 (“The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a

responsible officer, showing all available information regarding the reasons why such effects, monies or valuables

have not been restored to him.”).

³⁷² GPW art. 68 (“A copy of this statement will be forwarded to the Power on which he depends through the Central

Prisoners of War Agency provided for in Article 123.”).

³⁷³ GPW 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.”).

³⁷⁴ LEVIE, POWS 218-19 (“[T]he Detaining Power must take into account the age, sex, and physical aptitude of each

prisoner of war as an individual. It may be assumed that these criteria are to be considered not only in determining

whether a prisoner of war should be compelled to work, but also in determining the type of work to which the

particular prisoner of war should be assigned.”).

³⁷⁵ GPW art. 49 (“Non-commissioned officers who are prisoners of war shall only be required to do supervisory

work.”).

³⁷⁶ GPW art. 49 (“Those not so required may ask for other suitable work which shall, so far as possible, be found for

them.”).

562

9.19.1.2 Labor Assignment - Officers and Persons of Equivalent Status. 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.³⁷⁷

9.19.1.3 Labor Assignment - POWs Who May Not Be Compelled to Do Other

Work. Retained personnel and persons treated like retained personnel (e.g., POWs trained as

medical personnel who are directed to provide medical care for fellow POWs), however, may not

be compelled to carry out any work other than that concerned with their medical or religious

duties.³⁷⁸

POW Representatives and their assistants also shall not be required to perform any other

work, if the accomplishment of their duties is thereby made more difficult.³⁷⁹

9.19.2 Types of Labor Assignments.

9.19.2.1 Unhealthy or Dangerous Labor. Unless the POW is a volunteer, he or

she may not be employed on labor that is of an unhealthy or dangerous nature.³⁸⁰

For example, the removal of landmines or similar devices is considered dangerous

labor.³⁸¹

“Similar devices” may be understood to include booby-traps and other devices that are

similar to landmines.³⁸²

When employing POWs on dangerous or unhealthy activities, the Protecting Power or the

ICRC should assist in verifying the voluntariness of the employment, and the suitability of the

POW for such hazardous activities (e.g., any special skills or training in relation to the hazards)

should be considered.³⁸³

9.19.2.2 Prohibited Labor Assignments. No POW shall be assigned to labor that

would be looked upon as humiliating for a member of the Detaining Power’s own forces.³⁸⁴

³⁷⁷ GPW art. 49 (“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.”).

³⁷⁸ Refer to § 7.9.5.6 (No Other Compulsory Duties); § 4.5.2.2 (Members Trained as Medical Personnel, but Not

Attached to the Medical Service); § 4.5.2.3 (Members Who Are Ministers of Religion Without Having Officiated as

Chaplains to Their Own Forces).

³⁷⁹ Refer to § 9.24.4.1 (Limitations on Other Work Assignments); § 9.24.4.2 (Assistants for the POW

Representatives).

³⁸⁰ GPW art. 52 (“Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy

or dangerous nature.”).

³⁸¹ GPW art. 52 (“The removal of mines or similar devices shall be considered as dangerous labour.”).

³⁸² Refer to § 6.12.2 (Definition of Booby-Trap); § 6.12.3 (Definition of “Other Devices” Similar to Mines).

³⁸³ For example, 2004 UK MANUAL ¶8.85 footnote 251 (“Argentinian PW who were specialist engineers were used

in mine-clearance operations at the end of the Falklands conflict, but all were confirmed by the ICRC to be

volunteers.”).

³⁸⁴ GPW art. 52 (“No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a

member of the Detaining Power’s own forces.”).

563

9.19.2.3 Labor Assignments That May Be Compelled. POWs, like other enemy

nationals, may not be compelled to take part in operations of war directed against their own

country.³⁸⁵ POWs may be compelled to do only such work as is included in the following

classes:

• POW camp administration, installation, and maintenance;

• agriculture;

• 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 having no military character or purpose;

• transport and handling of stores not of a military character or purpose;

• commercial businesses, including arts and crafts;

• domestic services; and

• public utilities having no military character or purpose.³⁸⁶

Should the above provisions be infringed, POWs shall be allowed to exercise their right

of complaint, in conformity with Article 78 of the GPW.³⁸⁷

9.19.3 Suitable Work Conditions. POWs must be granted suitable working conditions,

especially as regards accommodation, food, clothing, and equipment.³⁸⁸ For example, POWs

must be given additional rations or appropriate clothing, as necessary, for their work.³⁸⁹

POWs’ working conditions shall not be inferior to those enjoyed by nationals of the

Detaining Power employed in similar work.³⁹⁰ Account shall also be taken of climatic

conditions.³⁹¹

³⁸⁵ Refer to § 5.27 (Prohibition Against Compelling Enemy Nationals to Take Part in the Operations of War Directed

Against Their Own Country).

³⁸⁶ GPW 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.”).

³⁸⁷ GPW art. 50 (“Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right

of complaint, in conformity with Article 78.”). Refer to § 9.23 (POW Requests, Complaints).

³⁸⁸ GPW art. 51 (providing that “[p]risoners of war must be granted suitable working conditions, especially as

regards accommodation, food, clothing and equipment;”).

³⁸⁹ Refer to § 9.13.1.2 (Additional Food for Certain Groups); § 9.13.4.2 (Appropriate Clothing for Work).

564

9.19.3.1 Application of National Legislation for the Protection of Labor and

Regulations for Worker Safety. The Detaining Power, in utilizing the labor of POWs, shall

ensure that in areas in which such POWs are employed, the national legislation concerning the

protection of labor, and, more particularly, the regulations for the safety of workers, are duly

applied.³⁹² For example, labor conditions for POWs working in the United States would be

determined by U.S. Federal labor and safety laws.

Conditions of labor shall in no case be rendered more arduous by disciplinary

measures.³⁹³ For example, the Detaining Power may not lower safety standards or disregard the

requirements for protective equipment as a punishment for misbehavior.³⁹⁴

9.19.3.2 Training and Means of Protection. POWs 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.³⁹⁵ Subject to the provisions of Article 52

of the GPW, POWs may be submitted to the normal risks run by these civilian workers.³⁹⁶

9.19.3.3 Limits on the Duration of Labor. The duration of the daily labor of

POWs, including any travel time, shall not be excessive, and must in no case exceed that

permitted for civilian workers in the district, who are nationals of the Detaining Power and

employed on the same work.³⁹⁷

³⁹⁰ GPW art. 51 (providing that “such conditions shall not be inferior to those enjoyed by nationals of the Detaining

Power employed in similar work;”).

³⁹¹ GPW art. 51 (“[A]ccount shall also be taken of climatic conditions.”).

³⁹² GPW art. 51 (“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.”).

³⁹³ GPW art. 51 (“Conditions of labour shall in no case be rendered more arduous by disciplinary measures.”).

³⁹⁴ See also LEVIE, POWS 244 (“Thus, a Detaining Power may not lower safety standards, disregard requirements

for protective equipment, lengthen working hours, withhold required extra rations, etc., as punishment for

misbehavior. On the other hand, ‘fatigue details’ of not more than two hours a day, or a monetary fine, or the

withdrawal of extra privileges, all of which are authorized as disciplinary punishment by Article 89, undoubtedly

could be imposed, as they obviously do not fall within the ambit of the prohibition; and the extra rations to which

prisoners of war are entitled under Article 26, when they are engaged in heavy manual labor, could undoubtedly be

withheld from a prisoner of war who refuses to work, inasmuch as he would no longer meet the requirement for

entitlement to such extra rations.”).

³⁹⁵ GPW art. 51 (“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.”).

³⁹⁶ GPW art. 51 (“Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by

these civilian workers.”). See also GPW art. 52 (“Unless he be a volunteer, no prisoner of war may be employed on

labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be

looked upon as humiliating for a member of the Detaining Power’s own forces. The removal of mines or similar

devices shall be considered as dangerous labour.”). Refer to § 9.19.2.1 (Unhealthy or Dangerous Labor).

³⁹⁷ GPW art. 53 (“The duration of the daily labour of prisoners of war, including the time of the journey to and fro,

shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are

nationals of the Detaining Power and employed on the same work.”).

565

POWs must be allowed, in the middle of the day’s work, a rest of not less than one

hour.³⁹⁸ This rest will be the same as that to which workers of the Detaining Power are entitled,

if the latter is of longer duration.³⁹⁹ POWs shall be allowed, in addition, a rest of 24 consecutive

hours every week, preferably on Sunday or the day of rest in their country of origin.⁴⁰⁰

Furthermore, every POW who has worked for one year shall be granted a rest of eight

consecutive days, during which his or her working pay shall be paid to him or her.⁴⁰¹

If methods of labor, such as piece work, are employed, the length of the working period

shall not be rendered excessive thereby.⁴⁰² Piece work refers to the practice of assigning and

compensating for tasks as opposed to compensating based on the amount of time worked.⁴⁰³

Thus, the limits on the number of hours of daily work cannot be circumvented by assigning work

on the basis of tasks completed as opposed to requiring POWs to work a certain number of

hours.⁴⁰⁴

9.19.4 Working Pay. The working pay due to POWs shall be fixed in accordance with

the provisions of Article 62 of the GPW.⁴⁰⁵

POWs shall be paid a fair working rate of pay by the detaining authorities directly.⁴⁰⁶

The rate shall be fixed by these authorities, but shall at no time be less than one-fourth of one

Swiss franc for a full working day.⁴⁰⁷ The Detaining Power shall inform POWs, as well as the

³⁹⁸ GPW art. 53 (“Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one

hour.”).

³⁹⁹ GPW art. 53 (“This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter

is of longer duration.”).

⁴⁰⁰ GPW art. 53 (“They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably

on Sunday or the day of rest in their country of origin.”).

⁴⁰¹ GPW art. 53 (“Furthermore, every prisoner who has worked for one year shall be granted a rest of eight

consecutive days, during which his working pay shall be paid him.”).

⁴⁰² GPW art. 53 (“If methods of labour such as piece work are employed, the length of the working period shall not

be rendered excessive thereby.”).

⁴⁰³ DEPARTMENT OF THE ARMY PAMPHLET 20-213, History of Prisoner Of War Utilization By The United States

Army, 1776-1945, 120 (Jun. 24, 1955) (“On 26 April 1944, the Secretary of War approved an incentive pay plan for

piecework which compensated the PW’s according to the number of units completed, up to a maximum of $1.20 per

day. The objectives of this plan were to reward hard workers; to penalize laggards; and to encourage a greater

degree of teamwork among PW laborers.”).

⁴⁰⁴ LEVIE, POWS 248 (“With respect to hours of daily work, it must be noted, too, that the limitations contained in

the Article cannot be circumvented by the adoption of piecework, or some other task system, in lieu of a stated

number of working hours, the third paragraph of Article 53 of the Convention specifically prohibiting the rendering

of the length of the working day excessive by the use of this method.”).

⁴⁰⁵ GPW art. 54 (“The working pay due to prisoners of war shall be fixed in accordance with the provisions of

Article 62 of the present Convention.”).

⁴⁰⁶ GPW art. 62 (“Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct.”).

⁴⁰⁷ GPW art. 62 (“The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one

Swiss franc for a full working day.”).

566

Power on which they depend, through the intermediary of the Protecting Power, of the rate of

daily working pay that it has fixed.⁴⁰⁸

Working pay shall likewise be paid by the detaining authorities to POWs permanently

detailed to duties, or to a skilled or semi-skilled occupation, in connection with the

administration, installation, or maintenance of camps, and to the POWs who are required to carry

out spiritual or medical duties on behalf of their comrades.⁴⁰⁹

Working pay of POW Representatives, their advisers, if any, or assistants, also is

provided for in the GPW.⁴¹⁰

9.19.5 Medical Fitness to Work. The fitness of POWs for work shall be periodically

verified by medical examinations, at least once a month.⁴¹¹ The examinations shall have

particular regard to the nature of the work that the POWs are required to do.⁴¹²

If any POW considers himself or herself incapable of working, he or she shall be

permitted to appear before the medical authorities of the camp.⁴¹³ Physicians or surgeons may

recommend that the POWs who are, in their opinion, unfit for work, be exempted therefrom.⁴¹⁴

9.19.6 Accidents or Disease in Connection With Work. POWs who sustain accidents in

connection with work, or who contract a disease in the course or in consequence of their work,

shall receive all the care their condition may require.⁴¹⁵ The Detaining Power shall furthermore

deliver to such POWs a medical certificate enabling them to submit their claims to the Power on

which they depend, and shall send a duplicate to the Central POW Information Agency provided

for in Article 123 of the GPW.⁴¹⁶

⁴⁰⁸ GPW art. 62 (“The Detaining Power shall inform prisoners of war, as well as the Power on which they depend,

through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.”).

⁴⁰⁹ GPW art. 62 (“Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently

detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or

maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of

their comrades.”).

⁴¹⁰ Refer to § 9.24.4.5 (Working Pay of POW Representatives, Advisers, and Assistants).

⁴¹¹ GPW art. 55 (“The fitness of prisoners of war for work shall be periodically verified by medical examinations at

least once a month.”).

⁴¹² GPW art. 55 (“The examinations shall have particular regard to the nature of the work which prisoners of war are

required to do.”).

⁴¹³ GPW art. 55 (“If any prisoner of war considers himself incapable of working, he shall be permitted to appear

before the medical authorities of his camp.”).

⁴¹⁴ GPW art. 55 (“Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for

work, be exempted therefrom.”).

⁴¹⁵ GPW art. 54 (“Prisoners of war who sustain accidents in connection with work, or who contract a disease in the

course, or in consequence of their work, shall receive all the care their condition may require.”).

⁴¹⁶ GPW art. 54 (“The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate

enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central

Prisoners of War Agency provided for in Article 123.”).

567

In certain cases, POWs who meet with accidents in connection with work would receive

the benefit of the provisions of the GPW as regards repatriation or accommodation in a neutral

country.⁴¹⁷

9.19.6.1 Claims for Compensation From Injury or Other Disability Arising Out of

Work. Any claim by a POW for compensation in respect of any injury or other disability arising

out of work shall be referred to the Power on which he or she depends, through the Protecting

Power.⁴¹⁸ In accordance with Article 54 of the GPW, the Detaining Power will, in all cases,

provide the POW concerned with a statement showing the nature of the injury or disability, the

circumstances in which it arose, and the particulars of medical or hospital treatment given for

it.⁴¹⁹ This statement will be signed by a responsible officer of the Detaining Power and the

medical particulars certified by a medical officer.⁴²⁰

9.19.7 Labor Detachments. The organization and administration of labor detachments

shall be similar to those of POW camps.⁴²¹

Every labor detachment shall remain under the control of, and administratively part of, a

POW camp.⁴²² The military authorities and the commander of the POW camp shall be

responsible, under the direction of their government, for the observance of the provisions of the

GPW in labor detachments that are dependent upon the POW camp.⁴²³

The camp commander shall keep an up-to-date record of the labor detachments

dependent on the camp, and shall communicate it to the delegates of the Protecting Power, of the

ICRC, or of other agencies giving relief to POWs, who may visit the camp.⁴²⁴

9.19.8 POWs Working for Private Persons. The treatment of POWs who work for

private persons, even if the latter are responsible for guarding and protecting them, shall not be

⁴¹⁷ Refer to § 9.36 (Direct Repatriation and Accommodation in Neutral Countries During Hostilities).

⁴¹⁸ GPW art. 68 (“Any claim by a prisoner of war for compensation in respect of any injury or other disability

arising out of work shall be referred to the Power on which he depends, through the Protecting Power.”).

⁴¹⁹ GPW art. 68 (“In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war

concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and

particulars of medical or hospital treatment given for it.”).

⁴²⁰ GPW art. 68 (“This statement will be signed by a responsible officer of the Detaining Power and the medical

particulars certified by a medical officer.”).

⁴²¹ GPW art. 56 (“The organization and administration of labour detachments shall be similar to those of prisoner of

war camps.”).

⁴²² GPW art. 56 (“Every labour detachment shall remain under the control of and administratively part of a prisoner

of war camp.”).

⁴²³ GPW art. 56 (“The military authorities and the commander of the said camp shall be responsible, under the

direction of their government, for the observance of the provisions of the present Convention in labour

detachments.”).

⁴²⁴ GPW art. 56 (“The camp commander shall keep an up-to-date record of the labour detachments dependent on his

camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red

Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.”).

568

inferior to that which is provided for by the GPW.⁴²⁵ The Detaining Power, the military

authorities, and the commander of the camp to which such POWs belong shall be entirely

responsible for the maintenance, care, treatment, and payment of the working pay of such

POWs.⁴²⁶

Such POWs shall have the right to remain in communication with the POW

Representatives in the camps on which they depend.⁴²⁷

9.20 POW CORRESPONDENCE AND RELIEF SHIPMENTS

POWs may send and receive mail and relief shipments, subject to security requirements.

In addition, POWs benefit from certain postage exemptions.

9.20.1 Capture, Health, or Transfer Card. Immediately upon capture, or not more than

one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or

transfer to a hospital or to another camp, every POW shall be enabled to write directly to his or

her family, on the one hand, and to the Central POW Information Agency provided for in Article

123 of the GPW, on the other hand, a card similar, if possible, to the model annexed to the GPW

(GPW Annex IV B), informing his or her relatives of his or her capture, address, and state of

health.⁴²⁸

These cards shall be forwarded as rapidly as possible and may not be delayed in any

manner.⁴²⁹

9.20.2 POW Correspondence Rights and Quota. POWs shall be allowed to send and

receive letters and cards.⁴³⁰

9.20.2.1 POW Correspondence Quota. If the Detaining Power deems it necessary

to limit the number of letters and cards sent by each POW, this number shall not be less than two

letters and four cards monthly, exclusive of the capture cards provided for in Article 70 of the

GPW (GPW Annex IV B), and conforming as closely as possible to the models annexed to the

⁴²⁵ GPW art. 57 (“The treatment of prisoners of war who work for private persons, even if the latter are responsible

for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention.”).

⁴²⁶ GPW art. 57 (“The Detaining Power, the military authorities and the commander of the camp to which such

prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay

of such prisoners of war.”).

⁴²⁷ GPW art. 57 (“Such prisoners of war shall have the right to remain in communication with the prisoners'

representatives in the camps on which they depend.”).

⁴²⁸ GPW art. 70 (“Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit

camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner of war shall be enabled

to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article

123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his

relatives of his capture, address and state of health.”).

⁴²⁹ GPW art. 70 (“The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner.”).

⁴³⁰ GPW art. 71 (“Prisoners of war shall be allowed to send and receive letters and cards.”).

569

GPW (GPW Annex IV C).⁴³¹ In addition, the following correspondence also does not count

toward this quota:

• formal requests and complaints;⁴³²

• correspondence between a duly appointed POW Representative at a principal camp and a

POW Representative at a labor camp;⁴³³

• authorized correspondence by chaplains;⁴³⁴ and

• correspondence by the senior medical officer in a camp with the competent authorities of

the camp regarding the duties of retained medical personnel.⁴³⁵

Further limitations on POW correspondence may be imposed only if the Protecting

Power is satisfied that it would be in the interests of the POWs concerned to do so owing to

difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified

linguists to carry out the necessary censorship.⁴³⁶ If limitations must be placed on the

correspondence addressed to POWs, they may be ordered only by the Power on which the POWs

depend, possibly at the request of the Detaining Power.⁴³⁷ Such letters and cards must be

conveyed by the most rapid method at the disposal of the Detaining Power.⁴³⁸

9.20.2.2 No Delay in Correspondence for Disciplinary Reasons. Cards and letters

may not be delayed or retained for disciplinary reasons.⁴³⁹

9.20.2.3 More Rapid Means of Correspondence in Appropriate Cases. POWs

who have been without news for a long period, or who are unable to receive news from their next

of kin or to give them news by the ordinary postal route, as well as those who are at a great

distance from their homes, shall be permitted to send telegrams, the fees being charged against

⁴³¹ GPW art. 71 (“If the Detaining Power deems it necessary to limit the number of letters and cards sent by each

prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture

cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present

Convention.”).

⁴³² Refer to § 9.23.2 (Communication of Requests and Complaints).

⁴³³ Refer to § 9.24.4.6 (Facilities for Communication).

⁴³⁴ Refer to § 7.9.5.4 (Correspondence by Chaplains).

⁴³⁵ Refer to § 7.9.5.7 (Senior Medical Officer in the Camp).

⁴³⁶ GPW art. 71 (“Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the

interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining

Power’s inability to find sufficient qualified linguists to carry out the necessary censorship.”).

⁴³⁷ GPW art. 71 (“If limitations must be placed on the correspondance addressed to prisoners of war, they may be

ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power.”).

⁴³⁸ GPW art. 71 (“Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining

Power; they may not be delayed or retained for disciplinary reasons.”).

⁴³⁹ GPW art. 71 (“Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining

Power; they may not be delayed or retained for disciplinary reasons.”).

570

the POWs’ accounts with the Detaining Power or paid in the currency at their disposal.⁴⁴⁰ They

shall likewise benefit from this measure in cases of urgency.⁴⁴¹

More modern means of communication, such as email, should be considered for POW

correspondence, as appropriate.⁴⁴²

9.20.2.4 Language of POW Correspondence. As a general rule, the

correspondence of POWs shall be written in their native language.⁴⁴³ The parties to the conflict

may allow correspondence in other languages.⁴⁴⁴

9.20.2.5 Handling of Sacks of POW Mail. Sacks containing POW mail must be

securely sealed and labeled so as clearly to indicate their contents, and must be addressed to

“offices of destination.”⁴⁴⁵

9.20.3 Receipt of Individual and Collective Relief Shipments for POWs. POWs shall be

allowed to receive by post, or by any other means, individual parcels or collective shipments

containing, in particular, foodstuffs, clothing, medical supplies, and articles of a religious,

educational, or recreational character, which may meet their needs, including books, devotional

articles, scientific equipment, examination papers, musical instruments, sports outfits, and

materials allowing POWs to pursue their studies or their cultural activities.⁴⁴⁶ Such shipments

shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the

GPW.⁴⁴⁷

The only limits that may be placed on these shipments shall be those proposed by the

Protecting Power in the interest of the POWs themselves, or by the ICRC or any other

⁴⁴⁰ GPW art. 71 (“Prisoners of war who have been without news for a long period, or who are unable to receive news

from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance

from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s

accounts with the Detaining Power or paid in the currency at their disposal.”).

⁴⁴¹ GPW art. 71 (“They shall likewise benefit by this measure in cases of urgency.”).

⁴⁴² Refer to § 8.10.3 (Communication With Family).

⁴⁴³ GPW art. 71 (“As a general rule, the correspondence of prisoners of war shall be written in their native

language.”).

⁴⁴⁴ GPW art. 71 (“The Parties to the conflict may allow correspondence in other languages.”).

⁴⁴⁵ GPW art. 71 (“Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to

indicate their contents, and must be addressed to offices of destination.”).

⁴⁴⁶ GPW art. 72 (“Prisoners of war shall be allowed to receive by post or by any other means individual parcels or

collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious,

educational or recreational character which may meet their needs, including books, devotional articles, scientific

equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue

their studies or their cultural activities.”).

⁴⁴⁷ GPW art. 72 (“Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by

virtue of the present Convention.”).

571

organization giving assistance to the POWs, in respect of their own shipments only, on account

of exceptional strain on transport or communications.⁴⁴⁸

9.20.3.1 Separation of Books From Other Relief Supplies. Parcels of clothing and

foodstuffs may not include books.⁴⁴⁹ Books should be separated because the time required for

censorship of books would likely delay the distribution of other relief supplies.⁴⁵⁰

9.20.3.2 Medical Supplies in Relief Shipments. Medical supplies shall, as a rule,

be sent in collective parcels.⁴⁵¹ This rule is meant to ensure that medical supplies can be

administered by the camp doctors and not by the POWs themselves without medical

supervision.⁴⁵² This rule, however, would not prohibit, in exceptional cases, for example, special

medication being sent from family members to a POW.⁴⁵³

9.20.3.3 Special Agreements Concerning Relief Shipments. The conditions for the

sending of individual parcels and collective shipments shall, if necessary, be the subject of

special agreements between the Powers concerned, which may in no case delay the receipt by the

POWs of relief supplies.⁴⁵⁴

9.20.3.4 Collective Relief for POWs. In the absence of special agreements

between the Powers concerned on the conditions for the receipt and distribution of collective

relief shipments, the rules and regulations concerning collective relief that are annexed to the

GPW shall be applied (GPW Annex III).⁴⁵⁵

⁴⁴⁸ GPW art. 72 (“The only limits which may be placed on these shipments shall be those proposed by the Protecting

Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other

organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional

strain on transport or communications.”).

⁴⁴⁹ GPW art. 72 (“Books may not be included in parcels of clothing and foodstuffs.”).

⁴⁵⁰ GPW COMMENTARY 377 (“As in the first paragraph, it is specified here [in the second paragraph of Article 76 of

the GPW] that delivery must not be delayed under the pretext of difficulties of censorship; the conditions are usually

different, however. Except in the case of books, examination requires no linguistic ability and all delay can

therefore be avoided. This is particularly important in the case of parcels containing perishable goods.”). Compare

§ 10.23.3.1 (Separation of Books From Other Relief Supplies).

⁴⁵¹ GPW art. 72 (“Medical supplies shall, as a rule, be sent in collective parcels.”).

⁴⁵² See GPW COMMENTARY 356 (“From the beginning of the Second World War, parcels of medical supplies

addressed by name were always sent to the chief medical officer of a camp or hospital or, if there was none, to a

head nurse, welfare officer or a representative of the local Red Cross. The question is now settled by paragraph 4 of

the present Article, which states that, as a rule, medical supplies are to be sent in collective parcels. This solution

was adopted in the interest of the prisoners of war, who should not have access to medical supplies except under

medical supervision.”).

⁴⁵³ Compare § 10.23.3.2 (Medical Supplies in Relief Shipments).

⁴⁵⁴ GPW art. 72 (“The conditions for the sending of individual parcels and collective relief shall, if necessary, be the

subject of special agreements between the Powers concerned, which may in no case delay the receipt by the

prisoners of relief supplies.”).

⁴⁵⁵ GPW art. 73 (“In the absence of special agreements between the Powers concerned on the conditions for the

receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments,

which are annexed to the present Convention, shall be applied.”).

572

The special agreements referred to above shall in no case restrict the right of POW

Representatives to take possession of collective relief shipments intended for POWs, to proceed

to their distribution, or to dispose of them in the interest of the POWs.⁴⁵⁶ Nor shall such

agreements restrict the right of representatives of the Protecting Power, the ICRC, or any other

organization giving assistance to POWs and responsible for the forwarding of collective

shipments, to supervise their distribution to the recipients.⁴⁵⁷

9.20.4 Exemptions From Postal and Shipping Charges. Relief shipments for POWs and

mail sent by POWs or to them benefit from certain exemptions under international law.

9.20.4.1 Exemption From Dues for Relief Shipments. All relief shipments for

POWs shall be exempt from import, customs, or other dues.⁴⁵⁸

9.20.4.2 GPW Postal Dues Exemption. Under the GPW, correspondence, relief

shipments, and authorized remittances of money addressed to POWs or sent by them through the

post office, either directly or through the National POW Information Bureau provided for in

Article 122 of the GPW and the Central POW Information Agency provided for in Article 123 of

the GPW, shall be exempt from any postal dues, both in the countries of origin and destination,

and in intermediate countries.⁴⁵⁹

9.20.4.3 Exemption From Postal Charges Under the Universal Postal

Convention. Under the Universal Postal Convention, with the exception of air surcharges for

airmail, letter-post items, postal parcels, and monetary articles addressed to or sent by POWs,

either directly or through the National POW Information Bureau and the Central POW

Information Agency, shall be exempt from all postal charges.⁴⁶⁰ This exemption also applies to

belligerents captured and interned in neutral countries.⁴⁶¹

⁴⁵⁶ GPW art. 73 (“The special agreements referred to above shall in no case restrict the right of prisoners’

representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their

distribution or to dispose of them in the interest of the prisoners.”).

⁴⁵⁷ GPW art. 73 (“Nor shall such agreements restrict the right of representatives of the Protecting Power, the

International Committee of the Red Cross or any other organization giving assistance to prisoners of war and

responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.”).

⁴⁵⁸ GPW art. 74 (“All relief shipments for prisoners of war shall be exempt from import, customs and other dues.”).

See also HAGUE IV REG. art. 16 (“Presents and relief in kind for prisoners of war shall be admitted free of all import

or other duties, as well as of payments for carriage by the State railways.”).

⁴⁵⁹ GPW art. 74 (“Correspondence, relief shipments and authorized remittances of money addressed to prisoners of

war or despatched by them through the post office, either direct or through the Information Bureaux provided for in

Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal

dues, both in the countries of origin and destination, and in intermediate countries.”).

⁴⁶⁰ Universal Postal Convention, art. 17(1), Dec. 14, 1989, 1687 UNTS 241, 251-52 (“Subject to article 21,

paragraph 1, letter-post items, postal parcels and monetary articles addressed to or sent by prisoners of war, either

direct or through the Information Bureaux and the Central Prisoner-of-War Information Agency provided for in

articles 122 and 123 respectively of the Geneva Convention of 12 August 1949 relative to the treatment of prisoners

of war, shall be exempt from all postal charges.”). Consider Universal Postal Convention, art. 7(2.1), Oct. 11, 2012,

reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne

2013, Update 2 - Jan. 2015) (“Letter-post items, postal parcels and postal payment services items addressed to or

sent by prisoners of war, either direct or through the offices mentioned in the Regulations of the Convention and of

573

Parcels shall be admitted free of postage up to a weight of 5 kg.⁴⁶² The weight limit shall

be increased to 10 kg in the case of parcels the contents of which cannot be split up and of

parcels addressed to a camp or the POW Representatives there for distribution to the POWs.⁴⁶³

Items exempt from postal charges and POW parcels shall bear “Service des prisonniers

de guerre” (“Prisoner-of-war Service) and a translation in another language, if appropriate.⁴⁶⁴

Postal administrations shall not be liable for the loss of, theft from, or damage to parcels

in the case of POW parcels.⁴⁶⁵

9.20.4.4 Costs of Transporting Relief Shipments Outside the Post Office. If relief

shipments intended for POWs cannot be sent through the post office by reason of weight or for

any other cause, the cost of transportation shall be borne by the Detaining Power in all the

the Postal Payment Services Agreement, shall be exempt from all postal charges, with the exception of air

surcharges.”).

⁴⁶¹ Universal Postal Convention, art. 17, Dec. 14, 1989, 1687 UNTS 241, 251-52 (“Belligerents apprehended and

interned in a neutral country shall be classed with prisoners of war proper so far as the application of the foregoing

provisions is concerned.”). Consider Universal Postal Convention, art. 7(2.1), Oct. 11, 2012, reprinted in

INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne 2013,

Update 2 - Jan. 2015) (same).

⁴⁶² Universal Postal Convention, art. 17(4), Dec. 14, 1989, 1687 UNTS 241, 252 (“Parcels shall be admitted free of

postage up to a weight of 5 kg.”). Consider Universal Postal Convention, art. 7(2.4), Oct. 11, 2012, reprinted in

INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne 2013,

Update 2 - Jan. 2015) (“Parcels shall be admitted free of postage up to a weight of 5 kilogrammes.”).

⁴⁶³ Universal Postal Convention, art. 17(4), Dec. 14, 1989, 1687 UNTS 241, 252 (“The weight limit shall be

increased to 10 kg in the case of parcels the contents of which cannot be split up and of parcels addressed to a camp

or the prisoners’ representatives there (‘hommes de confiance’) for distribution to the prisoners.”). Consider

Universal Postal Convention, art. 7(2.4), Oct. 11, 2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL

POSTAL UNION, LETTER POST MANUAL, page C.8 (Berne 2013, Update 2 - Jan. 2015) (“The weight limit shall be

increased to 10 kilogrammes in the case of parcels the contents of which cannot be split up and of parcels addressed

to a camp or the prisoners’ representatives there (‘hommes de confiance’) for distribution to the prisoners.”).

⁴⁶⁴ Consider Letter Post Regulations, Article RL 112 to Article 7 of the Universal Postal Convention of Oct. 11,

2012, reprinted in INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, LETTER POST MANUAL, page C.11

(2015) (“Items exempt from postal charges shall bear, on the address side in the top right-hand corner, the following

indications, which may be followed by a translation: ‘Service des prisonniers de guerre’ (Prisoners-of-war service)

or ‘Servicedes internés civils’ (Civilian internees service) for the items mentioned in article 7.2 of the Convention

and article RL 111 and the forms relating to them;”); Parcel Post Regulations, Article RC 112(2), reprinted in

INTERNATIONAL BUREAU OF THE UNIVERSAL POSTAL UNION, PARCEL POST MANUAL, page D.10 (2015) (“Every

prisoner-of-war and civilian internee parcel and its dispatch note shall bear, the former beside the address, one of the

indications ‘Service des prisonniers de guerre’ (Prisoner-of-war Service) or ‘Service des internés civils’ (Civilian

Internees Service); these indications may be followed by a translation in another language.”).

⁴⁶⁵ Postal Parcels Agreement, art. 41(2)(f), Dec. 14, 1989, 1687 UNTS 346, 369 (“Postal administrations shall not be

liable for the loss of, theft from or damage to parcels in the case of prisoner-or-war or civilian internee parcels.”).

574

territories under its control.⁴⁶⁶ The other Parties to the GPW shall bear the cost of transport in

their respective territories.⁴⁶⁷

In the absence of special agreements between the Parties concerned, the costs connected

with transport of such shipments, other than costs covered by the above exemption, shall be

charged to the senders.⁴⁶⁸

9.20.4.5 Rates Charged for Telegrams. The Parties to the GPW shall endeavor to

reduce, so far as possible, the rates charged for telegrams sent by POWs, or addressed to them.⁴⁶⁹

9.20.5 Special Means of Transport of Shipments to POWs. Should military operations

prevent the Powers concerned from fulfilling their obligation to ensure the transport of the

shipments referred to in Articles 70, 71, 72, and 77 of the GPW, the Protecting Powers

concerned, the ICRC, or any other organization duly approved by the parties to the conflict may

undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor

vehicles, vessels, or aircraft, etc.).⁴⁷⁰ For this purpose, the Parties to the GPW shall endeavor to

supply them with such transport, and to allow its circulation, especially by granting the necessary

safe-conducts.⁴⁷¹

Such transport may also be used to convey:

• correspondence, lists, and reports exchanged between the Central POW Information

Agency referred to in Article 123 of the GPW and the National POW Information Bureau

referred to in Article 122 of the GPW; and

• correspondence and reports relating to POWs that the Protecting Powers, the ICRC, or

any other body assisting the POWs exchange either with their own delegates or with the

parties to the conflict.⁴⁷²

⁴⁶⁶ GPW art. 74 (“If relief shipments intended for prisoners of war cannot be sent through the post office by reason

of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories

under its control.”).

⁴⁶⁷ GPW art. 74 (“The other Powers party to the Convention shall bear the cost of transport in their respective

territories.”).

⁴⁶⁸ GPW art. 74 (“In the absence of special agreements between the Parties concerned, the costs connected with

transport of such shipments, other than cost covered by the above exemption, shall be charged to the senders.”).

⁴⁶⁹ GPW art. 74 (“The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for

telegrams sent by prisoners of war, or addressed to them.”).

⁴⁷⁰ GPW art. 75 (“Should military operations prevent the Powers concerned from fulfilling their obligation to assure

the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the

International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may

undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels

or aircraft, etc.)”).

⁴⁷¹ GPW art. 75 (“For this purpose, the High Contracting Parties shall endeavour to supply them with such transport

and to allow its circulation, especially by granting the necessary safe-conducts.”).

⁴⁷² GPW art. 75 (“Such transport may also be used to convey: (a) correspondence, lists and reports exchanged

between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article

575

These provisions in no way detract from the right of any party to the conflict to arrange

other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under

mutually agreed conditions, to such means of transport.⁴⁷³

In the absence of special agreements, the costs occasioned by the use of such means of

transport shall be borne proportionally by the parties to the conflict whose nationals are benefited

thereby.⁴⁷⁴ Expenses in setting up the special transport system are not specifically addressed by

the GPW, and presumably would be addressed by an agreement between the body that takes the

initiative in establishing the system and the Powers concerned.⁴⁷⁵

9.20.6 Censorship and Security Review of POW Correspondence and Shipments. The

Detaining Power may examine and censor all communications sent to or by POWs, including

correspondence, telegrams, parcels, newspapers, periodicals, and books, with a view to deleting

or confiscating matter prejudicial to its military security.⁴⁷⁶ The Detaining Power’s general right

to conduct censorship is an implicit assumption in the GPW, as it is in the GC.⁴⁷⁷ POWs’

complaints, petitions, and reports may be subject to security review and censorship to ensure that

they are not misused.⁴⁷⁸

The censoring of correspondence addressed to POWs or sent by them shall be done as

quickly as possible.⁴⁷⁹ Mail shall be censored only by the State from which the mail is sent and

the State that receives the mail, and only once by each State.⁴⁸⁰

9.20.6.1 Examination of Consignments. The examination of consignments

intended for POWs shall not be carried out under conditions that will expose the goods contained

122; (b) correspondence and reports relating to prisoners of war which the Protecting Powers, the International

Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or

with the Parties to the conflict.”).

⁴⁷³ GPW art. 75 (“These provisions in no way detract from the right of any Party to the conflict to arrange other

means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed

conditions, to such means of transport.”).

⁴⁷⁴ GPW art. 75 (“In the absence of special agreements, the costs occasioned by the use of such means of transport

shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby.”).

⁴⁷⁵ See GPW COMMENTARY 468 (“This paragraph deals with the expenditure involved in the use of special

transport, but not the expenditure incurred in setting up the special transport system. On this latter point the

Convention says nothing and it is therefore to be supposed that such expenses will be covered by agreement between

the body which takes the initiative in the matter and the Powers concerned.”).

⁴⁷⁶ Compare § 10.23.6 (Censorship and Security Review of Internee Correspondence and Shipments).

⁴⁷⁷ Refer to § 10.23.6 (Censorship and Security Review of Internee Correspondence and Shipments).

⁴⁷⁸ Refer to § 9.23.2.1 (Review and Censorship of Requests and Complaints by the Detaining Power); § 9.23.3

(Periodic Reports by the POW Representatives).

⁴⁷⁹ GPW art. 76 (“The censoring of correspondence addressed to prisoners of war or despatched by them shall be

done as quickly as possible.”).

⁴⁸⁰ GPW art. 76 (“Mail shall be censored only by the despatching State and the receiving State, and once only by

each.”).

576

in them to deterioration; except in the case of written or printed matter, it shall be done in the

presence of the addressee, or of a fellow POW duly delegated by him or her.⁴⁸¹

The delivery to POWs of individual or collective consignments shall not be delayed

under the pretext of difficulties of censorship.⁴⁸²

9.20.6.2 Prohibitions of Correspondence. Any prohibition of correspondence

ordered by parties to the conflict, either for military or political reasons, shall be only temporary

and its duration shall be as short as possible.⁴⁸³

9.21 PRIVATE LEGAL MATTERS OF POWS

9.21.1 Civil Capacity. POWs shall retain their full civil capacity that they enjoyed at the

time of their capture.⁴⁸⁴ Their retention of their full civil capacity at the time of capture means

that the law that applied to them before becoming a POW would continue to apply to them.⁴⁸⁵

The Detaining Power may not restrict the exercise, either within or without its own

territory, of the rights such capacity confers, except in so far as the captivity requires.⁴⁸⁶ Thus,

POWs may, to the extent consistent with their detention, continue to exercise the civil capacity

that they would have in their own country under that country’s law.⁴⁸⁷ For example, to the

degree permitted by captivity, POWs may take legal steps that they were able to take before

⁴⁸¹ GPW art. 76 (“The examination of consignments intended for prisoners of war shall not be carried out under

conditions that will expose the goods contained in them to deterioration; except in the case of written or printed

matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him.”).

⁴⁸² GPW art. 76 (“The delivery to prisoners of individual or collective consignments shall not be delayed under the

pretext of difficulties of censorship.”).

⁴⁸³ GPW art. 76 (“Any prohibition of correspondence ordered by Parties to the conflict, either for military or

political reasons, shall be only temporary and its duration shall be as short as possible.”).

⁴⁸⁴ GPW art. 14 (“Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their

capture.”).

⁴⁸⁵ GPW COMMENTARY 149 (“The 1949 Diplomatic Conference considered it necessary to clarify the 1929 text

establishing the civil capacity of prisoners of war. It was recalled that this capacity is always determined by law,

whether the legislation of the country of origin of the internee or that of his country of domicile. But the prisoner

will never be considered as ‘resident’ in the country of detention solely by virtue of the fact that he is in captivity.

The legislation of his country of origin will, therefore, be applicable in most cases as that is also the country of

domicile of the majority of prisoners. There are other possibilities, however, and for that reason the Stockholm

draft, which only referred to the law of the country of origin, was amended by the Geneva Conference, so as to refer

instead to the ‘civil capacity which they enjoyed at the time of their capture’.”).

⁴⁸⁶ GPW art. 14 (“The Detaining Power may not restrict the exercise, either within or without its own territory, of

the rights such capacity confers except in so far as the captivity requires.”).

⁴⁸⁷ II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 249 (“General DILLON (United States

of America) fully agreed with the United Kingdom Delegate's observations regarding the second paragraph. As

regards the third paragraph, he felt that a prisoner of war should be accorded all the civil rights that he would have in

his own country, under his own country's legislation. He could not exercise them in the country of the Detaining

Power, but could, on the other hand, exercise them in a prisoner of war camp. If he was a notary public, for

instance, he could draw up authentic documents for his fellow prisoners and transmit them through the Protecting

Power.”).

577

captivity, such as disposing of property, making wills, giving consent to marriage, voting, or

executing a power of attorney.⁴⁸⁸

9.21.2 Legal Documents and Assistance. The Detaining Powers shall provide all

facilities for the transmission, through the Protecting Power or the Central POW Information

Agency provided for in Article 123 of the GPW, of instruments, papers, or documents intended

for POWs or sent by them, especially powers of attorney and wills.⁴⁸⁹ In all cases, the Detaining

Power shall facilitate the preparation and execution of such documents on behalf of POWs; in

particular, they shall allow them to consult a lawyer and shall take what measures are necessary

for the authentication of their signatures.⁴⁹⁰

9.21.2.1 Preparation of Wills. Wills of POWs 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.⁴⁹¹ For States with federal

systems like the United States in which the requirements of wills may vary according to

jurisdictions within the State, the will should satisfy those provincial or state law requirements.

At the request of the POW, the will shall be transmitted without delay to the Protecting

Power; a certified copy shall be sent to the Central POW Information Agency.⁴⁹²

9.22 INTERNAL DISCIPLINE OF POW CAMPS

9.22.1 POW Camp Commander. Every POW camp shall be put under the immediate

authority of a responsible commissioned officer belonging to the regular armed forces of the

Detaining Power.⁴⁹³ For example, a non-commissioned officer, a contractor, a civilian, a

member of a paramilitary force, or an enemy POW may not be the camp commander.⁴⁹⁴ The

POW camp commander has disciplinary powers over POWs.⁴⁹⁵

⁴⁸⁸ 2004 UK MANUAL ¶8.70 (“It means that prisoners of war are free, so far as captivity permits, to take legal steps

in their state of origin, for example to dispose of property, make wills, give consent to marriage, or vote. Such

action will normally be taken by appointment of an attorney or proxy.”).

⁴⁸⁹ GPW art. 77 (“The Detaining Powers shall provide all facilities for the transmission, through the Protecting

Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents

intended for prisoners of war or despatched by them, especially powers of attorney and wills.”).

⁴⁹⁰ GPW art. 77 (“In all cases they shall facilitate the preparation and execution of such documents on behalf of

prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary

for the authentication of their signatures.”).

⁴⁹¹ GPW 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.”).

⁴⁹² GPW art. 120 (“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.”).

⁴⁹³ GPW 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.”).

⁴⁹⁴ See GPW COMMENTARY 239-40 (“The principle that a responsible commander should be appointed in each camp

was already set forth in the 1929 Convention, Article 18, paragraph 1: “Each prisoners-of-war camp shall be placed

578

9.22.2 POWs’ Status With Respect to Their Armed Forces. Although POWs are not

subject to the judicial or disciplinary procedures of the Power to which they belong while they

are POWs, POWs remain subject to the law, disciplinary authority, and regulations of the Power

on which they depend.⁴⁹⁶ For example, while they are POWs, they may not conduct disciplinary

proceedings against one another; however, they are liable to punishment for violations

committed during captivity, once they have been released and repatriated.⁴⁹⁷

9.22.3 Saluting Between POWs and Officers of the Detaining Power. POWs, 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.⁴⁹⁸ POWs need not

salute Detaining Power non-commissioned officers or persons of equivalent status to officers

belonging to the Detaining Power.⁴⁹⁹

The form and conditions for saluting and showing external marks of respect are to be

determined by the regulations applying in the armed forces to which the POWs belong.⁵⁰⁰ Other

under the authority of a responsible officer”. The brevity of that text led to considerable abuse of the provision

when disciplinary powers were delegated to non-commissioned officers and even to prisoners of war.”).

⁴⁹⁵ Refer to § 9.27.1 (POW Camp Authorities Who May Order Disciplinary Punishment).

⁴⁹⁶ See GPW COMMENTARY 408-09 (“Although the legislation of the Detaining Power is applicable to him during

his captivity, he remains subject to the military law of his State of origin, as a member of its armed forces. He may

therefore be made answerable before the courts of his country for his acts, and cannot plead in defence that national

legislation is inapplicable because it is suspended by Article 82.”).

⁴⁹⁷ See, e.g., 10 U.S.C. § 905 (“Misconduct as a prisoner. Any person subject to this chapter who, while in the

hands of the enemy in time of war-- (1) for the purpose of securing favorable treatment by his captors acts without

proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever

nationality held by the enemy as civilian or military prisoners; or (2) while in a position of authority over such

persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.”); United States v.

Dickenson 17 C.M.R. 438, 442 U.S. Army Board of Review (1954) (U.S. POW during the Korean War was found

guilty of committing offense when he “for the purpose of securing favorable treatment by his captors, report[ed] to

the enemy officials in command of Prisoner of War Camp Number Five, Pyoktong, North Korea, the preparations

by Edward M. Gaither, then Private First Class Edward M. Gaither, United States Army, a prisoner of war at said

camp, to escape, as a result of which report the said Edward M. Gaither was placed by the enemy before a mock

firing squad on three occasions, placed by the enemy in solitary confinement for approximately seven months and

severely kicked and beaten with clubs by the enemy.”); United States v. Garwood, 16 M.J. 863, 865 United States

Navy-Marine Corps Court of Military Review (1983) (U.S. POW during the Vietnam War was found guilty of

committing offenses “of aiding enemy forces within prisoner of war camps in the Republic of South Vietnam, in

violation of Article 104, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 904, and of assault of an American

prisoner of war interned in an enemy prisoner of war camp, in violation of Article 128, UCMJ, 10 U.S.C. § 928.”).

⁴⁹⁸ GPW art. 39 (“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.”).

⁴⁹⁹ GPW COMMENTARY 240-41 (“This provision requires prisoners of war to show the relevant external marks of

respect to all officers; at the same time, it automatically excludes from this privilege any representative of the

Detaining Power who is not an officer or does not wear officer’s uniform. Similarly, it excludes all non-

commissioned officers, regardless of the laws and regulations of the Detaining Power.”).

⁵⁰⁰ GPW COMMENTARY 241 (“The present provision does not merely state to whom prisoners of war must give the

salute and show external marks of respect; it also determines the form and conditions for doing so, by referring

explicitly to the regulations applying in the armed forces to which the prisoners belong. This provision is likely to

prevent any recurrence of incidents such as those which took place during the Second World War, when certain

579

external marks of respect may include, for example, standing at attention when an officer enters

the room.⁵⁰¹

Officer POWs are bound to salute only Detaining Power officers of higher rank and the

camp commander, regardless of his or her rank.⁵⁰²

Although not required by the GPW, Detaining Power officers should return salutes as a

matter of courtesy.⁵⁰³ Members of the armed forces of the Detaining Power are not required to

salute POWs of superior rank.⁵⁰⁴

9.22.4 Rank and Age of POWs. POWs shall be treated with the regard due to their rank

and age.⁵⁰⁵ POWs shall be permitted to wear their badges of rank, nationality, or decorations.⁵⁰⁶

For example, rank insignia or similar devices may be worn by POWs.

The rank of POWs also determines the amount of the advances of pay that they are

entitled to receive.⁵⁰⁷ In addition, POWs awarded disciplinary punishment may not be deprived

of the prerogatives of rank.⁵⁰⁸

9.22.4.1 Communication of Titles and Ranks. 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 GPW, in order to ensure equality of treatment between POWs of

belligerents insisted on prisoners conforming to the regulations for saluting applicable in the armed forces of the

Detaining Power.”).

⁵⁰¹ LEVIE, POWS 171, footnote 299 (“Other external marks of respect would include standing when the officer enters

the room, remaining at attention while conversing with the officer, etc. These are not marks of obsequiousness, but

of disciplined training.”).

⁵⁰² GPW art. 39 (“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.”).

⁵⁰³ See GPW COMMENTARY 241 (“There is one more question, in this connection, which gave rise to some

difficulty: that of officers of the Detaining Power returning the salute of prisoners of war. The Conference of

Government Experts considered that this was a matter of courtesy and did not call for precise ruling.”).

⁵⁰⁴ LEVIE, POWS 170 (“Members of the armed forces of the Detaining Power are not required to salute prisoners of

war of superior rank.”).

⁵⁰⁵ GPW art. 44 (“Officers and prisoners of equivalent status shall be treated with the regard due to their rank and

age.”); GPW 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.”).

⁵⁰⁶ GPW art. 40 (“The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.”).

⁵⁰⁷ Refer to § 9.18.3.1 (GPW Specified Amounts for Monthly Advances of Pay).

⁵⁰⁸ Refer to § 9.27.6.3 (Disciplinary Punishment - Retention of Prerogatives of Rank).

580

equivalent rank.⁵⁰⁹ Titles and ranks that are subsequently created shall form the subject of

similar communications.⁵¹⁰

9.22.4.2 Recognition of Promotions in Rank. Promotions in rank of POWs that

have been accorded to POWs and that have been duly notified by the Power on which the POWs

depend shall be recognized.⁵¹¹

9.22.5 Posting of Convention and Camp Orders. In every POW camp the text of the

GPW and its Annexes, and the contents of any applicable special agreements, shall be posted, in

the POWs’ own language, in places where all may read them.⁵¹² The POWs’ own language

means an official language of the State to which they belong.⁵¹³ Copies shall be supplied, on

request, to the POWs who cannot have access to the posted copy.⁵¹⁴

Regulations, orders, notices, and publications of every kind relating to the conduct of

POWs shall be issued to them in a language that they understand.⁵¹⁵ Such regulations, orders,

and publications shall be posted in the same manner as the GPW, and copies shall be handed to

the POW Representative.⁵¹⁶ Every order and command addressed to POWs individually must

likewise be given in a language that they understand.⁵¹⁷

9.22.6 Use of Force to Maintain Order and to Prevent Escape. The use of weapons

against POWs, 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

⁵⁰⁹ GPW 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.”).

⁵¹⁰ GPW art. 43 (“Titles and ranks which are subsequently created shall form the subject of similar

communications.”).

⁵¹¹ GPW art. 43 (“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.”).

⁵¹² GPW 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.”).

⁵¹³ See GPW COMMENTARY 244 (“The 1929 Convention made the situation still more difficult by stipulating that the

text must be posted ‘in the native language of the prisoners of war’; the present Article refers merely to ‘the

prisoners’ own language’, this being the official language of the prisoners’ country of origin-the language used in

that country for official records and the publication of legislation. Where there is more than one official language in

the country of origin, the Convention should, if possible, be posted in the language actually used by the prisoners

concerned.”).

⁵¹⁴ GPW art. 41 (“Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which

has been posted.”).

⁵¹⁵ GPW art. 41 (“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.”).

⁵¹⁶ GPW art. 41 (“Such regulations, orders and publications shall be posted in the manner described above and

copies shall be handed to the prisoners’ representative.”).

⁵¹⁷ GPW art. 41 (“Every order and command addressed to prisoners of war individually must likewise be given in a

language which they understand.”).

581

circumstances.⁵¹⁸ For example, POWs should not be fired upon if they are apprehended within

the camp limits while making preparations to escape and there is no risk of escape or harm to

anyone.⁵¹⁹

9.22.6.1 Use of Non-Lethal Weapons (Including Riot Control Agents). Non-lethal

weapons may be employed to control rioting POWs or to prevent their escape.⁵²⁰ In particular,

the use of riot control agents to control rioting POWs is not prohibited.⁵²¹

If the use of deadly force is warranted and authorized against POWs, there is no legal

requirement to employ non-lethal weapons before resort to deadly force.⁵²²

9.23 POW REQUESTS, COMPLAINTS, AND REPORTS ABOUT CONDITIONS OF CAPTIVITY

9.23.1 POW Right to Make Requests and Complaints. POWs shall have the right to

make known, to the military authorities in whose power they are, their requests regarding the

conditions of captivity to which they are subjected.⁵²³ The commander of a POW camp may

issue regulations that establish procedures about how POWs are to make these requests.⁵²⁴

POWs shall also have the unrestricted right to apply to the representatives of the

Protecting Powers, either through their POW Representative or, if they consider it necessary,

directly, in order to draw their attention to any points on which they may have complaints to

make regarding their conditions of captivity.⁵²⁵

⁵¹⁸ GPW 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.”).

⁵¹⁹ GPW COMMENTARY 246 (“It is also important, however, to make a distinction between escape proper and acts or

phases preparatory thereto. If a prisoner is surprised within the camp limits while making preparations to escape,

there is no justification for opening fire on him.”).

⁵²⁰ GPW COMMENTARY 247 (“Before resorting to weapons of war, sentries can use others which do not cause fatal

injury and may even be considered as warnings--tear-gas, truncheons, etc. These measures may prove inadequate,

however, and from the moment when the guards and sentries are about to be overwhelmed, or are obliged to act in

legitimate self-defence, they are justified in opening fire.”).

⁵²¹ Refer to § 6.16.2 (Prohibition on Use of Riot Control Agents as a Method of Warfare).

⁵²² Refer to § 6.5.10.5 (No Requirement to Use Non-Lethal Weapons Before Using Lethal Weapons Where Deadly

Force Is Warranted).

⁵²³ GPW art. 78 (“Prisoners of war shall have the right to make known to the military authorities in whose power

they are, their requests regarding the conditions of captivity to which they are subjected.”).

⁵²⁴ GPW COMMENTARY 383 (“This right [under Article 78 of the GPW to make requests] must obviously be

exercised in a manner compatible with the normal requirements of discipline and camp administration and may not

be used for purposes other than those arising under the Convention. If need be, the camp commander will issue

regulations concerning the exercise of this right.”).

⁵²⁵ GPW art. 78 (“They shall also have the unrestricted right to apply to the representatives of the Protecting Powers

either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention

to any points on which they may have complaints to make regarding their conditions of captivity.”).

582

9.23.1.1 Making Requests and Complaints to the ICRC. Such complaints may

also be made to the delegates of the ICRC who enjoy the same prerogatives of access as the

representatives of the Protecting Power.⁵²⁶ In the past, the ICRC has been able to take

appropriate measures besides merely forwarding the complaint to the Power on which the POWs

depend, including measures on a confidential basis that help improve the situations of POWs.⁵²⁷

9.23.2 Communication of Requests and Complaints. These requests and complaints shall

neither be limited nor considered to be part of the correspondence quota referred to in Article 71

of the GPW.⁵²⁸ They must be transmitted immediately.⁵²⁹

9.23.2.1 Review and Censorship of Requests and Complaints by the Detaining

Power. Complaints and requests by the POWs that are to be transmitted to the representatives of

the Protecting Power may be reviewed and censored for security reasons by the Detaining

Power, although the right of the POWs to make complaints about their conditions of captivity to

the representatives of the Protecting Power must not be restricted.⁵³⁰ In addition, security review

and censorship must be conducted in accordance with the general rules on censoring POW

correspondence.⁵³¹

9.23.2.2 No Punishment for Making Complaints. Even if the complaints are

recognized to be unfounded, they may not give rise to any punishment.⁵³² This rule departs from

the usual practice in armed forces, in which excessive use of the right of complaint within a

⁵²⁶ Refer to § 9.33.1.2 (ICRC Delegates Enjoying the Same Prerogatives of Access).

⁵²⁷ For example, I REPORT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THE

SECOND WORLD WAR (SEPTEMBER 1, 1939 - JUNE 30, 1947) 342 (1948) (“On receiving a complaint [from POWs],

the ICRC sought the most appropriate means in its power to put right the matter complained of, first verifying as far

as possible the genuine foundation of the grievance. … The Committee was more concerned with finding some

practical remedy for the deficiencies complained of than with bringing them to the notice of the PW’s own country,

as there was always a possible risk of provoking reprisals. In some cases, it made immediate representations,

usually to the person or officials of the Detaining Power directly concerned, but sometimes also to higher authority.

In other cases it instructed its delegates to take appropriate steps on the spot to bring about an improvement. These

constant daily efforts, though often never heard of, are probably among the most useful services that the Committee

was able to render to PW.”).

⁵²⁸ GPW art. 78 (“These requests and complaints shall not be limited nor considered to be a part of the

correspondence quota referred to in Article 71.”). Refer to § 9.20.2 (POW Correspondence Rights and Quota).

⁵²⁹ GPW art. 78 (“They must be transmitted immediately.”).

⁵³⁰ GPW COMMENTARY 384 (“The problem is to reconcile the Detaining Power’s own security requirements with

the need to ensure that the right of complaint can be effectively exercised. For reasons of security, the Detaining

Power must obviously make sure that prisoners of war do not use it as a means of communication with the outside

world. The Conference of Government Experts therefore rejected the suggestion that the words ‘without

amendment’ should be added to the obligation to transmit complaints. Such an addition would have resulted in

doing away with censorship, and the Detaining Power could not agree to that. The authors of the Convention

considered, however, that matters concerning only the ‘conditions of captivity’ could be mentioned without

restriction, and the wording adopted seemed best suited to take into account both the interests of the prisoners of war

and the Detaining Power’s own security requirements.”).

⁵³¹ Refer to § 9.20.6 (Censorship and Security Review of POW Correspondence and Shipments).

⁵³² GPW art. 78 (“Even if they are recognized to be unfounded, they may not give rise to any punishment.”).

583

State’s armed forces may be punished.⁵³³ The GPW provision against punishment for unfounded

complaints arose after POWs were tortured for complaining to the representatives of the

Protecting Power.⁵³⁴ In any event, it could be contrary to POWs’ interests to abuse this right by

making groundless complaints because complaints that are justified might not, as a result,

receive the appropriate attention.⁵³⁵

9.23.3 Periodic Reports by the POW Representatives. POW Representatives may send

periodic reports on the situation in the camps and the needs of the POWs to the representatives of

the Protecting Powers.⁵³⁶ POW Representatives have discretion about how and when to submit

their reports.⁵³⁷ The Detaining Power may subject these reports to security review and

censorship to ensure that these reports are not misused.⁵³⁸

9.24 POW REPRESENTATIVES

The GPW contemplates that certain POWs will serve as representatives of the POWs

before the Detaining Power, the Protecting Power, and other entities. These persons have certain

prerogatives that enable them to carry out their duties to further the well-being of the POWs.

In the GPW, these persons are called “prisoners’ representatives.” This manual refers to

them as POW Representatives.

9.24.1 General Qualifications of the POW Representative. In all cases, the POW

Representative must have the same nationality, language, and customs as the POWs whom he or

⁵³³ GPW COMMENTARY 386 (“Lastly, the present paragraph establishes the impunity of prisoners of war in regard to

any unfounded complaints or requests. Here the Convention departs from the regulations applied in national armed

forces, which usually punish any excessive use of the right of complaint as being an attack on authority and an act of

indiscipline.”).

⁵³⁴ United States, et al. v. Araki, et al., Majority Judgment, International Military Tribunal for the Far East, 49,757,

reprinted in NEIL BOISTER & ROBERT CRYER, DOCUMENTS ON THE TOKYO INTERNATIONAL MILITARY TRIBUNAL:

CHARTER, INDICTMENT AND JUDGMENTS 592 (2008) (“After a visit to the prisoner of war camp at Motoyama in

Japan in the spring of 1943, the senior prisoner at the camp, who had dared to complain of the working conditions to

which the prisoners had been subjected, was tortured. He was forced to kneel for five hours before a Japanese

guard. The next time this camp was visited, this senior prisoner was placed in confinement and was not allowed to

speak to the representative although that representative demanded to interview him.”).

⁵³⁵ GPW COMMENTARY 386 (“It is to be hoped that prisoners of war will realize that in their own interest they

should make judicious use of the right of complaint and request, and refrain from making complaints which they

know to be groundless so that those which are justified can receive the attention they deserve.”).

⁵³⁶ GPW art. 78 (“Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of

the prisoners of war to the representatives of the Protecting Powers.”).

⁵³⁷ Compare § 10.21.3 (Periodic Reports by the Internee Committees).

⁵³⁸ Refer to § 9.20.6 (Censorship and Security Review of POW Correspondence and Shipments).

584

she represents.⁵³⁹ Thus, POWs distributed in different sections of a camp, according to their

nationality, language, or customs, shall have for each section their own POW Representative.⁵⁴⁰

In practice, it is advisable for the POW Representative to be a POW as opposed to a

retained person. Medical personnel have their own representative for issues related to their

activities.⁵⁴¹ In addition, the duties of the POW Representative and the duties of retained

personnel could interfere with one another, and special provision is made in the GPW to ensure

that other duties not interfere with the duties of retained personnel or the duties of the POW

Representative.⁵⁴²

9.24.2 Procedure for Selecting POW Representatives, Advisers, and Assistants. The

procedure for selecting POW Representatives, and their advisers (POWs who are officers) and

assistants (POWs who are not officers), depends on the rank of the POWs in the camp.

9.24.2.1 Camps With Officer POWs. In camps for officers and persons of

equivalent status or in mixed camps, the senior officer among the POWs shall be recognized as

the camp POW Representative.⁵⁴³ A mixed camp refers to camps composed of both officers and

other ranks.⁵⁴⁴

The senior officer is the officer of highest rank, not the oldest officer.⁵⁴⁵ The senior

officer is also a member of the armed forces, as opposed to a person of equivalent status (e.g.,

such as a person authorized to accompany the armed forces who is of senior status).⁵⁴⁶

In camps for officers, the POW Representative shall be assisted by one or more advisers

chosen by the officers.⁵⁴⁷ These advisers may assist the POW Representative if his or her health

⁵³⁹ GPW art. 79 (“In all cases the prisoners’ representative must have the same nationality, language and customs as

the prisoners of war whom he represents.”).

⁵⁴⁰ GPW art. 79 (“Thus, prisoners of war distributed in different sections of a camp, according to their nationality,

language or customs, shall have for each section their own prisoners’ representative, in accordance with the

foregoing paragraphs.”).

⁵⁴¹ Refer to § 7.9.5.7 (Senior Medical Officer in the Camp).

⁵⁴² Refer to § 7.9.5.6 (No Other Compulsory Duties); § 9.24.4.1 (Limitations on Other Work Assignments).

⁵⁴³ GPW art. 79 (“In camps for officers and persons of equivalent status or in mixed camps, the senior officer among

the prisoners of war shall be recognized as the camp prisoners' representative.”).

⁵⁴⁴ See GPW COMMENTARY 393 (“As may be seen from the record of the discussions at the Diplomatic Conference,

the expression [“mixed camp”] refers to camps comprising both officers and other ranks.”).

⁵⁴⁵ See GPW COMMENTARY 392 (“In camps for officers, the prisoners’ representative is appointed according to

seniority and not by election. The term ‘the senior officer’ (in French, ‘le plus ancien dans le grade le plus élevé’)

has sometimes been taken as meaning the oldest officer with the highest rank. If the words are to have a precise

meaning, however, as they must have, it should be what the English text says, viz. the senior officer of the highest

rank. Age will only be the determining factor where two officers of the same rank were promoted on the same

date.”).

⁵⁴⁶ Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).

⁵⁴⁷ GPW art. 79 (“In camps for officers, he shall be assisted by one or more advisers chosen by the officers;”).

585

makes it difficult to carry out the duties of the POW Representative and also may assist the POW

Representative in gauging the wishes of other POWs.⁵⁴⁸

In mixed camps, the POW Representative’s assistants shall be chosen from among the

POWs who are not officers and shall be elected by them.⁵⁴⁹

9.24.2.2 Labor Camps With Officers Who Carry Out Camp Administration Duties

for POWs. Officer POWs of the same nationality shall be stationed in labor camps for POWs,

for the purpose of carrying out the camp administration duties for which the POWs are

responsible.⁵⁵⁰ These officers may be elected as POW Representatives under the first paragraph

of Article 79 of the GPW.⁵⁵¹ In such a case, the assistants to the POW Representatives shall be

chosen from among those POWs who are not officers.⁵⁵²

9.24.2.3 Places Without Officer POWs. In all places where there are POWs,

except in those where there are officers, the POWs shall freely elect POW Representatives by

secret ballot, every six months, and also in case of vacancies.⁵⁵³ These POW Representatives

shall be eligible for re-election.⁵⁵⁴

9.24.2.4 Approval of Elected POW Representatives by the Detaining Power.

Every elected POW Representative must be approved by the Detaining Power before he or she

⁵⁴⁸ See GPW COMMENTARY 392 (“Thus it is clearly established that, like other prisoners of war, officers have a

prisoners’ representative. Serious difficulties may result, however, from the fact that he is appointed according to

rank, particularly if his state of health makes it difficult for him to carry out the wide range of tasks incumbent on

the prisoners’ representative. The 1949 text therefore provides a possibility which did not exist in Article 43 of the

1929 Convention: the officer who is the prisoners’ representative will be ‘assisted’ by one or more advisers chosen

by the prisoners themselves. The intention of the authors of this new provision was that such assistants should be

able to help the senior officer of the highest rank by expressing the wishes and opinions of all the prisoners.”).

⁵⁴⁹ GPW art. 79 (“[I]n mixed camps, his assistants shall be chosen from among the prisoners of war who are not

officers and shall be elected by them.”).

⁵⁵⁰ GPW art. 79 (“Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of

war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible.”).

⁵⁵¹ GPW art. 79 (“These officers may be elected as prisoners’ representatives under the first paragraph of this

Article.”). See also LEVIE, POWS 298 (“[E]ven though the labor detachment will, to a certain extent, be a ‘mixed’

camp, the senior officer detailed to it to perform the administrative details will not automatically be the prisoners’

representative, but he will be eligible for election to that office.”).

⁵⁵² GPW art. 79 (“In such a case the assistants to the prisoners’ representatives shall be chosen from among those

prisoners of war who are not officers.”).

⁵⁵³ GPW art. 79 (“In all places where there are prisoners of war, except in those where there are officers, the

prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners'

representatives entrusted with representing them before the military authorities, the Protecting Powers, the

International Committee of the Red Cross and any other organization which may assist them.”). See also GPW

COMMENTARY 390 (“In view of the general wording of the phrase ‘in all places where there are prisoners of war’,

there is no need to wait until they are actually in a camp. If circumstances permit, prisoners of war will be able to

appoint a prisoners' representative in transit camps. The general wording of the provision therefore enables

prisoners’ representatives to be elected not only in the main camps which are usually situated on the outskirts of

built-up areas, but also in labour detachments.”).

⁵⁵⁴ GPW art. 79 (“These prisoners’ representatives shall be eligible for re-election.”).

586

has the right to commence his or her duties.⁵⁵⁵ Where the Detaining Power refuses to approve a

POW elected by fellow POWs, it must inform the Protecting Power of the reason for such

refusal.⁵⁵⁶

9.24.3 Duties of POW Representatives. The POW Representatives are entrusted with

representing the POWs before the military authorities, the Protecting Powers, the ICRC, and any

other organization that may assist them.⁵⁵⁷ POW Representatives shall further the physical,

spiritual, and intellectual well-being of POWs.⁵⁵⁸

The POW Representative’s general duties imply that the POW Representatives will

undertake a variety of activities to ensure that POWs receive proper treatment by the Detaining

Power and to advance their welfare, even activities that are not specified in the GPW as

constituting their duties.

9.24.3.1 POW Representatives and Mutual Assistance Among POWs. In

particular, where the POWs decide to organize among themselves a system of mutual assistance,

this organization will be within the province of the POW Representative, in addition to the

special duties entrusted to him or her by other provisions of the GPW.⁵⁵⁹

9.24.3.2 Other Specific Duties. In addition to the general duties that the GPW

imposes on the POW Representative, the GPW also imposes specific duties on POW

Representatives in three areas: (1) relief activities; (2) relations between the POWs and the

authorities; and (3) verification that the guarantees provided under GPW are respected.⁵⁶⁰

The POW Representative’s duties in relation to relief activities include:

• assisting in the transport of the POWs’ community property and luggage in cases of

transfers of POWs;⁵⁶¹

⁵⁵⁵ GPW art. 79 (“Every representative elected must be approved by the Detaining Power before he has the right to

commence his duties.”).

⁵⁵⁶ GPW art. 79 (“Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners

of war, it must inform the Protecting Power of the reason for such refusal.”).

⁵⁵⁷ GPW art. 80 (“In all places where there are prisoners of war, except in those where there are officers, the

prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’

representatives entrusted with representing them before the military authorities, the Protecting Powers, the

International Committee of the Red Cross and any other organization which may assist them.”).

⁵⁵⁸ GPW art. 80 (“Prisoners’ representatives shall further the physical, spiritual and intellectual wellbeing of

prisoners of war.”).

⁵⁵⁹ GPW art. 80 (“In particular, where the prisoners decide to organize amongst themselves a system of mutual

assistance, this organization will be within the province of the prisoners' representative, in addition to the special

duties entrusted to him by other provisions of the present Convention.”).

⁵⁶⁰ See GPW COMMENTARY 397 (“The role of prisoners’ representatives falls under three main headings: relief

activities, relations with prisoners of war and the authorities, verification that the guarantees provided under the

Convention are being respected.”).

⁵⁶¹ Refer to § 9.29.3.4 (Disposition of Community Property and Remaining Property).

587

• managing the distribution of collective relief;⁵⁶²

• receiving parcels and remittances of money for POWs undergoing disciplinary

punishment, and handing over to the infirmary any perishable goods;⁵⁶³ and

• signing receipts for relief supplies or materials to the relief society or organization

making the shipment.⁵⁶⁴

The POW Representative’s duties in facilitating relations between the POWs and the

authorities include:

• remaining in communication with POWs who work for private employers;⁵⁶⁵

• transmitting requests and complaints, and sending periodic reports on the needs of

POWs;⁵⁶⁶ and

• interviewing with delegates of the Protecting Powers.⁵⁶⁷

The POW Representative’s duties in verifying that the guarantees provided under GPW

are respected include:

• collaborating in the management of the canteen and its special fund;⁵⁶⁸

• receiving copies of regulations, orders, notices, and publications relating to the conduct

of POWs issued by the Detaining Power for communication to POWs;⁵⁶⁹

• countersigning for entries entered in a POW’s account on his or her behalf, or for

notifications of payments sent by POWs to their own country;⁵⁷⁰

• monitoring decisions announced from any disciplinary proceeding against a POW;⁵⁷¹

• receiving notifications of judicial proceedings instituted against POWs, and of any

judgment or sentences pronounced upon them;⁵⁷² and

⁵⁶² Refer to § 9.20.3.4 (Collective Relief for POWs).

⁵⁶³ Refer to § 9.27.6.6 (Reading, Writing, Correspondence, and Packages).

⁵⁶⁴ Refer to § 9.33.2.2 (Receipts for Relief Consignments).

⁵⁶⁵ Refer to § 9.19.8 (POWs Working for Private Persons).

⁵⁶⁶ Refer to § 9.23 (POW Requests, Complaints).

⁵⁶⁷ Refer to § 9.33.1 (Access by Protecting Powers).

⁵⁶⁸ Refer to § 9.17.3 (Camp Canteen Management and Profits).

⁵⁶⁹ Refer to § 9.22.5 (Posting of Convention and Camp Orders).

⁵⁷⁰ Refer to § 9.18 (Financial Resources of POWs).

⁵⁷¹ Refer to § 9.27.3 (Rights of POWs in Disciplinary Proceedings).

588

• proposing repatriation for certain POWs and participating in Mixed Medical

Commissions.⁵⁷³

9.24.4 Prerogatives of POW Representatives. In order to accomplish their duties, POW

Representatives are afforded certain prerogatives.

9.24.4.1 Limitations on Other Work Assignments. POW Representatives shall not

be required to perform any other work, if the accomplishment of their duties is thereby made

more difficult.⁵⁷⁴ Officers, in any event, may not be required to work.⁵⁷⁵

9.24.4.2 Assistants for the POW Representatives. In addition to the advisers and

assistants for the POW Representatives that are provided for in camps with officers, POW

Representatives may appoint from among the POWs such assistants as they may require.⁵⁷⁶

Assistants, like the POW Representative, should be exempted from any other work to the extent

that the accomplishment of their duties would thereby be made more difficult.⁵⁷⁷

9.24.4.3 Material Facilities, Including Certain Freedom of Movement. All

material facilities shall be granted to POW Representatives, particularly a certain freedom of

movement necessary for the accomplishment of their duties (inspection of labor detachments,

receipt of supplies, etc.).⁵⁷⁸ This freedom of movement does not mean complete freedom.⁵⁷⁹

9.24.4.4 Visiting Premises Where POWs Are Detained and Consultation With

POWs. POW Representatives shall be permitted to visit premises where POWs are detained, and

every POW shall have the right to consult freely with his or her POW Representative.⁵⁸⁰ The

⁵⁷² Refer to § 9.28.3.1 (Notification of Proceedings); § 9.28.4.6 (Notification of Trial Outcome).

⁵⁷³ Refer to § 9.36.5 (Mixed Medical Commissions).

⁵⁷⁴ GPW art. 81 (“Prisoners’ representatives shall not be required to perform any other work, if the accomplishment

of their duties is thereby made more difficult.”).

⁵⁷⁵ Refer to § 9.19.1.2 (Labor Assignment - Officers and Persons of Equivalent Status).

⁵⁷⁶ GPW art. 81 (“Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may

require.”). See also GPW COMMENTARY 401 (Assistants “will be interpreters, legal advisers, secretaries, assistants

competent in matters of storage and handling.”).

⁵⁷⁷ See GPW COMMENTARY 401 (All assistants “like the prisoners' representative himself, will be exempted from

any other work to the extent that the accomplishment of their duties would ‘thereby be made more difficult’.”).

⁵⁷⁸ GPW art. 81 (“All material facilities shall be granted them, particularly a certain freedom of movement necessary

for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).”).

⁵⁷⁹ See GPW COMMENTARY 402 (The authors of GPW “did not think fit to grant ‘complete freedom’, but only ‘a

certain freedom.’ This freedom must be granted whenever ‘necessary’. Two cases are expressly mentioned:

inspection of labour detachments and receipt of relief supplies.”). For example, GPW COMMENTARY 402 (“During

the Second World War, prisoners’ representatives were released on parole by some Detaining Powers in order to

enable them to travel from one camp to another.”).

⁵⁸⁰ GPW art. 81 (“Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained,

and every prisoner of war shall have the right to consult freely his prisoners’ representative.”).

589

premises that may be visited will include the kitchen, infirmary, and other annexes to the POW

Camp.⁵⁸¹

9.24.4.5 Working Pay of POW Representatives, Advisers, and Assistants. The

working pay of POW Representatives, advisers, if any, and assistants, shall be paid out of the

fund maintained by canteen profits.⁵⁸² The scale of this working pay shall be fixed by the POW

Representative and approved by the camp commander.⁵⁸³ If there is no such fund, the detaining

authorities shall pay these POWs a fair working rate of pay.⁵⁸⁴

9.24.4.6 Facilities for Communication. All facilities shall likewise be accorded to

POW Representatives for communication by post and telegraph with the detaining authorities,

the Protecting Powers, the ICRC and their delegates, the Mixed Medical Commissions, and the

bodies that give assistance to POWs.⁵⁸⁵

POW Representatives of labor detachments shall enjoy the same facilities for

communication with the POW Representatives of the principal camp.⁵⁸⁶ Such communications

shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71 of

the GPW.⁵⁸⁷

The facilities to be granted do not, however, include freedom from censorship, but

correspondence may not be withheld.⁵⁸⁸

9.24.4.7 No Responsibility for Offenses Committed by POWs by Reason of Their

Duties. POW Representatives shall not be held responsible, simply by reason of their duties, for

⁵⁸¹ GPW COMMENTARY 403 (“The premises which may be visited will include the kitchen, infirmary and other

annexes.”).

⁵⁸² GPW art. 62 (“The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall

be paid out of the fund maintained by canteen profits.”). Refer to § 9.17.3.1 (Use of Canteen Profits for Working

Pay of the POW Representative).

⁵⁸³ GPW art. 62 (“The scale of this working pay shall be fixed by the prisoners’ representative and approved by the

camp commander.”).

⁵⁸⁴ GPW art. 62 (“If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of

pay.”).

⁵⁸⁵ GPW art. 81 (“All facilities shall likewise be accorded to the prisoners' representatives for communication by

post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red

Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of

war.”).

⁵⁸⁶ GPW art. 81 (“Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication

with the prisoners' representatives of the principal camp.”).

⁵⁸⁷ GPW art. 81 (“Such communications shall not be restricted, nor considered as forming a part of the quota

mentioned in Article 71.”). Refer to § 9.20.2 (POW Correspondence Rights and Quota).

⁵⁸⁸ GPW COMMENTARY 404 (“The facilities to be granted do not, however, include freedom from censorship, but

correspondence may not be withheld. If circumstances so demand, a special censorship service must therefore be

instituted or, at least, the correspondence of prisoners’ representatives must be given priority.”).

590

any offenses committed by POWs.⁵⁸⁹ For example, POW Representatives may not be held

responsible for escape attempts by other POWs, unless they personally participated in such

activities.⁵⁹⁰

9.24.4.8 Turnover for Successor POW Representatives Upon Transfer. POW

Representatives who are transferred shall be allowed a reasonable time to acquaint their

successors with current affairs.⁵⁹¹

9.24.5 Dismissal of POW Representative. In case of dismissal, the reason for the

dismissal shall be communicated to the Protecting Power.⁵⁹²

The GPW does not provide a procedure for POWs to dismiss POW Representatives aside

from not re-electing them.⁵⁹³ However, the Detaining Power may withdraw its approval of a

POW Representative and request that POWs hold new elections.⁵⁹⁴

9.25 POW ESCAPES

POWs who escape successfully are not liable to any punishment in respect of their

previous escape. A number of rules limit the punishment of POWs who do not escape

successfully. Notifications of POW escape and recapture should also be made. POWs punished

as a result of an unsuccessful escape may be subjected to special surveillance.

9.25.1 No Punishment for Successful Escape. POWs who have made good their escape

in the sense of Article 91 of the GPW, and who are recaptured, shall not be liable to any

punishment in respect of their previous escape.⁵⁹⁵

⁵⁸⁹ GPW art. 80 (“Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any

offences committed by prisoners of war.”).

⁵⁹⁰ See LEVIE, POWS 304 (“This is particularly relevant with respect to incidents such as the construction of a tunnel

to be used for the purpose of escape. The military authorities of the Detaining Power will probably assume, and

with some justification, that this could not have occurred unknown to the prisoners’ representative--but whether he

knew of it or not, he is not to be held responsible if he did not personally participate in it.”).

⁵⁹¹ GPW art. 81 (“Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their

successors with current affairs.”).

⁵⁹² GPW art. 81 (“In case of dismissal, the reasons therefore shall be communicated to the Protecting Power.”).

⁵⁹³ See GPW COMMENTARY 405 (GPW “Article 79, paragraph 1, enables [POWs] to show disapproval by not re-

electing the prisoners' representative, since elections must be held every six months. The Convention provides no

procedure, however, for a case where prisoners of war have grounds to demand that their representative should

resign immediately; it makes provision only for dismissal of a prisoners' representative by the Detaining Power.”).

⁵⁹⁴ See GPW COMMENTARY 405 (“One solution would be for the prisoners of war to submit a request to the military

authorities for recognition to be withdrawn from the prisoners' representative. If the Detaining Power is satisfied

that that is the wish of the majority of prisoners, it may arrange for fresh elections to be held, and the results thereof

will justify or not, as the case may be, the request made by the prisoners of war. The Detaining Power may at any

time withdraw its approval and request prisoners of war to hold new elections. It must advise the Protecting Power

of the actual reasons for its decision and may not merely state that there is no longer mutual confidence between the

prisoners' representative and its own representatives.”).

591

In this way, POWs who have escaped successfully are treated similarly to persons who

have engaged in espionage and returned safely to friendly lines.⁵⁹⁶ Escaping POWs must not kill

or wound the enemy by resort to perfidy.⁵⁹⁷

9.25.1.1 Types of Successful Escapes. Under Article 91 of the GPW, the escape

of a POW shall be deemed to have succeeded when the POW has:

• joined the armed forces of the Power on which he or she depends, or those of an allied

Power;

• left the territory under the control of the Detaining Power, or of an ally of the Detaining

Power; or

• joined a ship flying the flag of the Power on which he or she depends, or of an allied

Power, in the territorial waters of the Detaining Power, this ship not being under the

control of the Detaining Power.⁵⁹⁸

The general principle is that the POW must have actually gone beyond the reach of the

Detaining Power.⁵⁹⁹ Thus, for example, a POW who escapes from the territory of the Detaining

Power to the territory of one of the Detaining Power’s allies will not be deemed to have escaped

successfully. On the other hand, if the POW reaches neutral territory or the high seas, he or she

will have escaped successfully.⁶⁰⁰

The situation of POWs who have successfully escaped into neutral territory is addressed

under the law of neutrality.⁶⁰¹

⁵⁹⁵ GPW art. 91 (“Prisoners of war who have made good their escape in the sense of this Article and who are

recaptured, shall not be liable to any punishment in respect of their previous escape.”).

⁵⁹⁶ Refer to § 4.17.5.1 (Liability of Persons Not Captured While Spying for Previous Acts of Espionage).

⁵⁹⁷ Refer to § 5.22 (Treachery or Perfidy Used to Kill or Wound).

⁵⁹⁸ GPW art. 91 (“The escape of a prisoner of war shall be deemed to have succeeded when: (1) he has joined the

armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the

control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of the Power

on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being

under the control of the last named Power.”).

⁵⁹⁹ GPW COMMENTARY 446 (“As Scheidl has pointed out, it is not sufficient for a prisoner attempting to escape to

throw off immediate pursuit and hide among the population of the territory; he must actually succeed in escaping

beyond the reach of the Detaining Power.”).

⁶⁰⁰ See 1958 UK MANUAL ¶238 note 3 (“The effect of Art. 91 [of the GPW] is that the escape is to be considered

successful not only if the prisoner rejoins the armed forces of the State with which he was previously serving, or

those of its allies, but also if he has left the territory of or occupied by the Detaining Power, e.g., by reaching neutral

territory. If he were picked up by a ship of the Detaining Power outside its territorial waters it would seem that he

would not be liable to disciplinary punishment having already made a successful escape by leaving its territory.”).

⁶⁰¹ Refer to § 15.17.1 (Escaped POWs Received by a Neutral State).

592

9.25.2 Unsuccessful Escapes. POWs who do not escape successfully retain their

entitlement to POW status upon recapture. In particular, the wearing of civilian clothes does not

deny escaping POWs their status as POWs.⁶⁰²

A number of rules limit the punishment of POWs who do not escape successfully. By

limiting the punishment in respect of the act of escape, the GPW recognizes that POWs may

legitimately try to escape from their captors.⁶⁰³ In some cases, POWs may even be under an

obligation to escape.⁶⁰⁴ For example, U.S. military personnel have a duty to make every effort to

escape captivity.⁶⁰⁵

9.25.2.1 Handover of a Recaptured POW to Competent Military Authority. A

POW who is recaptured shall be handed over without delay to the competent military

authority.⁶⁰⁶ For example, if recaptured by private persons or by civilian law enforcement

authorities, POWs should be handed over to competent military authority without delay. This

rule makes certain practices used by Germany during World War II clearly unlawful.⁶⁰⁷

9.25.2.2 Only Disciplinary Punishments in Respect of an Act of Escape. A POW

who attempts to escape and is recaptured before having made good his or her escape in the sense

⁶⁰² GPW COMMENTARY 454 (“Additional difficulties have sometimes arisen from the wearing of civilian clothing;

during the Second World War, some Detaining Powers stated their intention of considering prisoners of war in

civilian clothing as spies and no longer as prisoners of war. This matter is settled by the present provision: a

prisoner of war retains that legal status until such time as he has made good his escape.”).

⁶⁰³ GPW COMMENTARY 445 (“A prisoner of war can legitimately try to escape from his captors. It is even

considered by some that prisoners of war have a moral obligation to try to escape, and in most cases such attempts

are of course motivated by patriotism. Conversely, in its own interest, the Detaining Power will endeavour to

prevent escape whenever possible. This results in the paradox of escape to which A. R. Werner refers: an attempt

to escape is considered by the Detaining Power as a breach of discipline and therefore punishable, while the adverse

Party considers it as an act which cannot be held to be a crime. Attempted escape is therefore liable only to

disciplinary punishment, and not to judicial proceedings.”).

⁶⁰⁴ Rex v. Guenther Krebs (Magistrate’s Court of the County of Renfrew, Ontario, Oct. 7, 1943), reprinted in 38

AJIL, 505, 507-08 (1944) (“This accused owes no allegiance to the Crown. He is an open and avowed enemy of the

Crown, a man taken in war and a man who, if it is not his duty, may quite reasonably feel that it is his duty to escape

from the domains of his captor state, and, if he can, return to the state to which he owes allegiance and perform his

duty to that state. Whatever may be finally decided in this matter, my opinion is that a prisoner of war is not

punishable for anything he may reasonably do to escape, or having escaped, to preserve his liberty. My opinion also

is that what the accused did was done with a view to facilitating his escape. He, therefore is not guilty of any

crime.”).

⁶⁰⁵ Refer to § 9.39.1.3 (Code of Conduct - Article III).

⁶⁰⁶ GPW art. 92 (“A prisoner of war who is recaptured shall be handed over without delay to the competent military

authority.”).

⁶⁰⁷ 1958 UK MANUAL ¶240 note 1 (“One of the purposes of these articles [of the GPW] is to render clearly unlawful

the practice resorted to by Germany during the Second World War of handing over recaptured prisoners of war to

non-military agencies such as the German Gestapo or the concentration camp service.”).

593

DEPARTMENT OF DEFENSE LAW OF WAR MANUAL (2015) - page 9