The Geneva Convention concerning the Treatment of Prisoners of War, otherwise known as the Geneva Convention of 1929, was signed in Geneva on July 27, 1929. Its official common name is the Convention on the Treatment of Prisoners of War. Entered into force June 19, 1931. It is this part of the Geneva Conventions that regulates the treatment of prisoners of war during. It was the predecessor of the Third Geneva Convention, signed in 1949.

PRISONER OF WAR CONVENTION

SECTION I General Provisions

Article One

This Convention, without prejudice to the provisions of Section VII, shall apply:

1. For all persons listed in Art. 1, 2 and 3 of the provisions annexed to the Hague Convention on the Laws and Customs of War on Land of October 18, 1907 and on those taken prisoner by the enemy.

2. On all persons belonging to the armed forces of the belligerents and taken prisoner by the enemy during naval and air operations, excluding deviations inevitable in the conditions of this capture. However, these derogations must not violate the main points of this convention. They must be eliminated from the moment the prisoners are taken to the POW camp.

Article two

Prisoners of war are in the power of the enemy power, but by no means of a separate military unit that has taken them prisoner. They must be constantly treated humanely, especially protected from violence, insults and the curiosity of the crowd.

Measures of repression against them are prohibited.

Article Three

Prisoners of war are entitled to respect for their person and honour. Women enjoy the right to be treated in all respects for their sex. Prisoners retain their full civil legal capacity.

Article Four

The power that has taken prisoners of war is obliged to take care of their maintenance.

Differences in the content of prisoners of war are allowed only in those cases if they are based on the difference in their military ranks, the state of physical and mental health, professional abilities, and also on the difference in sex.

CHAPTER II About capture

Article Five

Every prisoner of war is obliged to state, if asked, his real name and rank or service number.

In the event of a violation of this rule, a prisoner of war is deprived of the benefits assigned to prisoners of his category.

Prisoners may not be subjected to any coercion to obtain information relating to the position of their armies or country.

Prisoners who refused to give such answers should not be influenced either by threats or insults, or subjected to penalties in any form.

If, due to his physical condition or the state of his mental abilities, the prisoner is not able to give information about his personality, he is entrusted to medical care.

Article six

In addition to weapons, horses, military equipment and military papers, all things and personal items remain in the possession of prisoners of war, as well as metal helmets and gas masks.

The sums of money held by the prisoners can be taken away by order of the officer after their calculation, exact determination, and a receipt is issued for accepting the money. The amounts selected in this way should be transferred to the personal account of each prisoner.

Identity documents, rank insignia, orders and valuable items cannot be taken away from prisoners.

CHAPTER III About the content in captivity

Division I

Article seven

Prisoners of war, as soon as possible after their capture, are evacuated from the war zone to sufficiently remote points of the country, where they could stay in complete safety.

In the danger zone, only those prisoners may be temporarily detained who, due to injuries or illnesses, are at greater risk when evacuated than when left in place.

March evacuation of prisoners should be carried out in normal stages of 20 km per day. These stages can only be extended if necessary to reach nutritional and drinking points.

Article eight

The belligerents are obliged to inform each other as soon as possible about all prisoners through the information bureaus organized on the basis of Art. 77. They are also obliged to communicate to each other the official addresses to which the families of prisoners of war could send their correspondence.

As soon as possible, measures must be taken to ensure that each prisoner can correspond personally with his family in accordance with Art. 36 and following.

With regard to prisoners at sea, the provisions of this article shall take effect as soon as possible after arrival at the port.

Division II POW Camps

Article nine

Prisoners of war may be interned in a city, fortress, or any locality under the obligation not to retire beyond a certain line. In the same way, they can be imprisoned and kept under guard, but only as far as the requirements of safety or hygiene, and only until the termination of the circumstance that caused these measures.

Prisoners captured in unhealthy localities or whose climate is detrimental to the inhabitants of the temperate zone are evacuated at the first opportunity to more favorable climatic conditions.

The belligerents, as far as possible, avoid joining people of different races and nationalities in one camp.

None of the prisoners may for any time be settled in the area where he would be exposed to fire from the battle zone; likewise, the presence of prisoners cannot be used as a defense of any points or localities from enemy fire.

CHAPTER I About camp premises

Article Ten

Prisoners of war are placed in buildings or barracks, which offer every possible guarantee of hygiene and health. Premises should be completely protected from moisture, sufficiently heated and lit. Fire precautions must be taken.

With regard to bedrooms: the total area, the minimum cubic capacity of a bed and their equipment should be the same as in the military units of the power that contains the prisoners.

Chapter II Food and clothing for prisoners of war

Article Eleven

The food rations of prisoners of war must be equal in quality and quantity to the rations of troops in the barracks.

The prisoners are also given the opportunity to cook for themselves the additional food at their disposal.

Drinking water must be supplied in sufficient quantity, tobacco smoking is allowed. Prisoners can be used in kitchen work.

All (collective) disciplinary action should not be related to food.

Article Twelve

Clothes, shoes and underwear are delivered by the power containing the prisoners. Regular change and repair of these things should be provided. In addition, prisoner workers should be provided with protective clothing wherever the natural conditions of work require it.

In all camps, shops should be set up in which prisoners can purchase food and household items at local trade prices.

The profits from these shops should be used by the camp administration to improve the life of the prisoners.

Chapter III Hygiene in camps

Article thirteen

The belligerents are obliged to take all necessary hygiene measures to ensure cleanliness and health in the camps and to prevent the outbreak of epidemics.

Prisoners of war shall have at their disposal, day and night, rooms that meet the requirements of hygiene and are kept clean.

In addition, in addition to baths and showers, which are provided as far as possible in each camp, sufficient water should be provided to prisoners to keep their bodies clean.

They are given the opportunity to do gymnastic exercises and enjoy the fresh air.

Article fourteen

Each camp has an infirmary in which prisoners of war are served in all necessary cases. All contagious patients are provided with isolation rooms. The costs of treatment, including temporary prosthetics, are borne by the state containing the prisoners.

The belligerents are obliged, at the request of the prisoner, to give him an official explanation of the nature and duration of his disease, as well as the measures taken against this disease.

It is granted to the belligerents by special agreements to allow each other to keep doctors and orderlies in the camps to serve their captive compatriots.

Prisoners who are seriously ill, or whose condition requires the necessary and, moreover, significant surgical intervention, must be placed at the expense of the power containing the prisoners in all kinds of military and civilian institutions suitable for this.

Article fifteen

Medical examinations of prisoners of war must be carried out at least once a month. They check the general state of health and cleanliness and look for signs of contagious diseases, especially tuberculosis and venereal diseases.

Chapter IV Mental and Moral Needs of Prisoners of War

Article Sixteen

Prisoners of war are given complete freedom of religious worship and are allowed to attend worship services, provided that they do not violate the rules of order and public silence prescribed by the military authorities.

A prisoner of war - a clergyman, whatever he may be, can perform his duties among fellow believers.

Article Seventeen

The belligerents encourage, as far as possible, mental and sports entertainment organized by prisoners of war.

Chapter V - Internal discipline in the camp

Article eighteen

Each POW camp is subject to the authority of a responsible officer.

Prisoners of war, in addition to expressing external respect according to the national rules in force in their armies, are obliged to salute all the officers of the power that took them prisoner.

Captured officers are required to salute only officers of higher or equal rank in that power.

Article nineteen

Wearing badges, ranks and distinctions is permitted.

Article Twenty

Rules, orders, notifications and announcements of every kind are announced to the prisoners in a language they understand. The same principle applies to interrogations.

Chapter VI Special Provisions on Officers and Persons Equivalent to Them

Article twenty-one

From the very beginning of hostilities, the belligerents are obliged to communicate to each other the ranks and ranks adopted in their armies, in order to ensure equal treatment between officers of equal rank and equivalent officers.

Article twenty-two

In order to provide service in the camps for prisoners of war officers, prisoners of war soldiers of the same army are allocated in sufficient numbers according to the ranks of officers and equated to them, if possible speaking the same language.

The latter will purchase food and clothing for themselves with a salary that will be paid to them by the power that maintains the prisoners. All possible assistance should be rendered to the independent disposal of officers with their allowances.

Chapter VII Monetary Funds of Prisoners of War

Article twenty-three

Under the condition of a special agreement between the belligerent powers, namely, provided for in Art. 24 of this, officers and prisoners of war equivalent to them receive from the power containing prisoners the same salary that officers of the corresponding rank receive in its army, but this salary should not exceed the content to which prisoners would be entitled in the country in which they served. This salary is paid to them in full, if possible monthly, and also without any deductions for reimbursement of expenses that fall on the power containing the prisoners, even if the expenses went to them.

The agreement between the belligerents shall establish the amounts of these salaries applied to these payments; in the absence of such an agreement, the amount that existed at the time of hostilities shall apply.

All payments made by prisoners of war on account of their salaries must be reimbursed with the end of hostilities by the power in which they are in the service.

Article twenty-four

With the opening of hostilities, the belligerent powers must establish by mutual agreement the maximum amount that will be allowed to be kept for prisoners of war of various ranks and categories. All surplus taken from or withheld from a prisoner of war shall immediately be credited to his account and may not be converted into another currency without his permission to do so.

The remainder of the maintenance due on the accounts is paid to the prisoners of war at the end of captivity.

During their stay in captivity, prisoners of war are given the preferential opportunity to transfer these amounts in whole or in part to banks or private individuals in their home country.

Chapter VIII Concerning the Transportation of Prisoners of War

Article twenty-five

Unless the course of military operations requires it, the sick and wounded are not moved, as their recovery might be impaired by travel.

Article twenty-six

In case of transfer, prisoners of war shall be notified in advance of their new assignment. They should be allowed to take with them personal belongings, correspondence and clothing parcels arriving at their address.

All due arrangements must be made so that correspondence and duffel parcels addressed to the old prisoner-of-war camp are forwarded to the new address without delay.

Sums deposited in the accounts of displaced prisoners of war must be handed over to the competent authority at the place of new residence.

All costs of movement are borne by the power containing the prisoners.

Section IV On the labor of prisoners of war

Chapter I General Provisions

Article twenty-seven

The belligerents may use healthy prisoners of war in accordance with their position and profession, excluding, however, officers and persons equivalent to them. However, if the officers and those equated with them wish to engage in work suitable for them, such work will be provided to them as far as possible.

Captured non-commissioned officers can only be involved in the work of supervising the work, unless they themselves declare a demand for the provision of paid work for them.

During the entire period of captivity, the belligerents are obliged to extend to prisoners of war who have become victims of accidents at work, the labor laws in force in the given country-power for the corresponding categories of victims. With regard to those of the prisoners of war to whom the aforementioned norms of laws cannot be applied within the meaning of the legislation of the given power containing prisoners, the latter undertakes to submit for approval by its legislative bodies a draft of its own measures for the fair remuneration of the victims.

Chapter II Organization of labor

Article twenty-eight

The Powers in whose power the prisoners are held assume full responsibility for the maintenance, care, treatment and payment of salaries to prisoners of war working at the expense of private individuals.

Article twenty-nine

No prisoner of war may be used for work for which he is physically incapable.

Article Thirty

The length of the working day, including the time for going to work and returning home, should not be excessive and in no case may exceed the norms established for the work of civilian workers in the same area.

Each prisoner is given a weekly uninterrupted twenty-four hour rest, preferably on Sunday.

Chapter III - Prohibited Labor

Article thirty-one

Work performed by prisoners of war must not have any relation to military operations. In particular, it is forbidden to use prisoners for the manufacture and transportation of weapons or for the construction of any kind of fortifications; the same prohibition applies to materials intended for fighting units.

In case of violation of the above provisions, prisoners of war are free, after executing the order and without starting to execute it, to file their protest through authorized persons, whose functions are provided for in Art. 43 and 44 of this, or, in the absence of an authorized representative, through the representative of the Protecting Power.

Article thirty-two

It is forbidden to use prisoners for work that threatens health or is dangerous. All disciplinary violations of the working conditions are prohibited.

Chapter IV Workers' squads

Article thirty-three

The regime of the work squads should be similar to that of prisoner-of-war camps, in particular with regard to the conditions of hygiene, food, assistance in case of accident or care in case of illness, correspondence, receipt of parcels.

Each labor squad belongs to a prisoner of war camp. The commandant of the camp is responsible for the observance of the provisions of this convention in the squads.

Chapter V - Wages

Article thirty-four

Prisoners of war do not receive remuneration for work related to the management, organization and maintenance of camps.

Prisoners of war used in other jobs are entitled to remuneration established by agreements between the belligerents.

These agreements are to establish the amount that will belong to the prisoner of war, the procedure for placing it at his disposal during his stay in captivity, and likewise the share that the camp administration will have the right to retain.

Until the conclusion of the above agreements, remuneration of prisoners of war for work is determined on the following grounds:

a) works used for the state are paid according to the military tariff for payment of these works in force in the national army or, if there is none, then according to the tariff corresponding to the work performed;

b) if the work is carried out at the expense of other state institutions or private individuals, the conditions are established by agreement with the military authorities.

The remuneration remaining on the credit of the prisoner of war is paid to him after the end of captivity. In the event of death, it is transferred through diplomatic channels to the heirs of the deceased.

Section IV Relations of prisoners of war with foreign countries

Article thirty-five

With the outbreak of hostilities, the belligerents shall publish the procedure for the implementation of the provisions of this section.

Article thirty-six

Each belligerent must periodically establish a rate of closed and open mail, which prisoners of war of different categories are entitled to send monthly, and this rate is communicated to the other belligerent. These letters and postcards follow the shortest postal route. They may not be delayed in departure, nor delayed for reasons of discipline.

Within a maximum of a week from the moment of arrival at the camp, and in the same way, in the event of illness, each prisoner has the right to send an open letter to his family about his captivity and state of health. These emails are forwarded as quickly as possible and in no case can be slowed down.

As a general rule, prisoners' correspondence is written in their native language. The belligerents may allow correspondence in other languages.

Article thirty-seven

Prisoners of war are allowed to receive individual parcels with food and other items intended for their food and clothing. Parcels will be transferred to the recipient against receipt.

Article thirty-eight

Letters and money orders or money transfers, as well as postal parcels intended for prisoners of war or sent directly or through an information office, provided for in Art. 77, are exempt from all postal fees, both in the countries of origin, and in the countries of destination and in transit.

Gifts of assistance in kind to prisoners of war are also exempt from importation laws and from freight rates on government railways.

Prisoners, in case of recognized need, can send telegrams with payment of the usual tariff.

Article thirty-nine

Prisoners have the right to receive books in individual parcels, which may be subject to censorship.

Representatives of the Protecting Powers, as well as Relief Societies, duly recognized and authorized, may send literary works and collections of books to the libraries of prisoner-of-war camps. The transmission of these items cannot be delayed under the pretext of censorship difficulties.

Article forty

Correspondence must be censored as soon as possible. In addition, the control of postal parcels should be carried out for the express purpose of ascertaining the safety of the provisions that they may contain, and, if possible, in the presence of the addressee or a person duly authorized by him.

All postal bans issued by belligerents for military or political reasons must be temporary for the shortest possible time.

Article forty-one

The belligerents shall ensure in every possible way the facilitation of the transmission of acts and documents intended for prisoners of war or signed by them, in particular powers of attorney or wills.

The belligerents, in case of need, will take the necessary measures to certify the legitimacy of the signatures made by the prisoners.

Section V Relations of prisoners of war with the authorities

Chapter I Complaints of prisoners of war against the regime of detention in captivity

Article forty-two

Prisoners of war have the right to submit to the military authorities in whose jurisdiction they are, their complaints about the regime of detention to which they are subjected.

In the same way, they have the right to apply to representatives of the protecting powers with an indication of the points regarding the regime of captivity, on which they bring complaints.

These statements and protests must be transmitted without delay.

Even if they are found to be unreasonable, they cannot in any way serve as a basis for punishment.

Chapter II Representatives of prisoners of war

Article forty-three

In all places where prisoners of war will be located, the latter have the right to designate trusted persons authorized to represent their interests before the military authorities and protecting powers.

This designation is subject to the approval of the military authorities. Trustees are authorized to receive and distribute collective parcels.

In the same way, if the prisoners decide to organize mutual assistance, this organization falls within the competence of trusted persons. On the other hand, the same persons may render their services to the prisoners in order to facilitate relations with the aid societies referred to in Art. 78.

In the camps of officers and those equated to them, the oldest and highest-ranking officer is recognized as an intermediary between the camp authorities and officers equated to them. For this purpose, he has the right to appoint one of the captured officers to help as an interpreter in meetings with the camp authorities.

Article forty-four

If proxies are used at work, then their activity in representing prisoners of war is counted in the period of compulsory work.

Trusted persons will have every relief in correspondence with military camps and the protecting power. This correspondence is not limited by the norm. Persons representing prisoners of war may only be moved if they are given sufficient time to bring their successors up to date on current affairs.

Chapter III Penal Sanctions for Prisoners of War

1. General Provisions

Article forty-five

Prisoners of war are subject to the laws, regulations and orders in force in the army of the holding power.

All acts of disobedience call upon them to take the measures provided for by these laws, rules and orders. However, the provisions of this chapter remain in force.

Article forty-six

The military authorities and the court of the state holding prisoners of war may not impose on them any penalties other than those prescribed for the same acts committed by members of the national forces.

With the same rank, officers, non-commissioned officers and soldiers, prisoners of war, falling under disciplinary punishment, cannot be subjected to a worse content than those provided for the same punished in the armies of the state of captivity.

All corporal punishment, imprisonment in a punishment cell deprived of daylight, and in general any manifestations of cruelty are prohibited.

Similarly, group punishments for individual acts are prohibited.

Article forty-seven

Acts against discipline and especially attempts to escape are subject to immediate proof. Provisional arrest of prisoners of war, rank or not, is reduced to a strict minimum. The trial of prisoners of war must be conducted with as much speed as the circumstances of the case permit.

The preliminary conclusion should be as short as possible.

In all cases, the period of pre-trial detention shall be reduced by the punishment imposed by disciplinary or judicial procedure, as far as it is allowed for national employees.

Article forty-eight

Prisoners of war, after serving their judicial or disciplinary punishments, must be kept in the same way as other prisoners.

However, prisoners punished for attempting to escape may be subjected to special supervision, which, in any case, cannot eliminate any of the guarantees conferred on prisoners by this convention.

Article forty-nine

Not a single prisoner of war can be deprived of his rank by the state that captured him. Prisoners subjected to disciplinary action cannot be deprived of the privileges assigned to their rank. In particular, officers and those equivalent to them, being subjected to punishments entailing deprivation of liberty, cannot be imprisoned together with serving non-commissioned officers and privates.

Article fiftieth

Prisoners of war who have escaped and been captured before joining their army or in territory occupied by the troops who captured them, are subject only to disciplinary sanctions.

Prisoners captured after they have managed to join their army or leave the territory occupied by the troops of the power that captured them, are recognized as prisoners again and are not subject to any penalty for the previous escape.

Article fifty-one

An attempt to escape, even of a recidivist nature, cannot be considered as an aggravating circumstance in cases where a prisoner of war is being tried for a crime or offense against person or property committed by him in connection with an attempt to escape.

After an attempt to escape or an escape, the comrades of the fugitive who contribute to the escape are only subject to disciplinary punishment.

Article fifty-two

The belligerents shall see to it that the competent authorities approach with the greatest indulgence the question of what punishment, disciplinary or judicial, a prisoner of war should be subject to for an offense he has committed.

In particular, this should be borne in mind when it comes to assessing acts associated with an escape or an attempt to escape.

For the same act and on the same charge, a prisoner can be punished only once.

Article fifty-three

No prisoner subjected to disciplinary punishment and under conditions for repatriation may be detained to serve his sentence.

Prisoners subject to repatriation, against whom a criminal investigation has been initiated, may be left to complete the judicial investigation and, if necessary, until the completion of their sentence; Prisoners who are already serving their sentence under a court sentence may be detained until the end of the period of imprisonment determined by them.

The belligerents provide lists of those who can be repatriated for the above reasons.

2. Disciplinary punishments

Article fifty-four

Arrest is the most severe disciplinary punishment inflicted on prisoners of war.

The duration of one punishment cannot exceed thirty days and cannot be increased in the event of a concurrence of several acts for which the prisoner must be held accountable in a disciplinary manner while establishing them, regardless of whether these acts have a connection or not.

If at the time of arrest or at the end of such a prisoner is subjected to a new disciplinary punishment, then at least three days must separate one period of arrest from another, until one of these periods reaches ten days.

Article fifty-five

Under the condition that the last paragraph of Art. II as an aggravating measure of punishment applicable to prisoners of war subjected to disciplinary punishment, food restrictions adopted in the army of the state holding the prisoner. However, restriction in food cannot take place if the state of health of the prisoner of war does not allow it.

Article fifty-six

Under no circumstances may prisoners of war be placed in penitentiary premises (prisons, penitentiaries, prison camps, etc.) to serve disciplinary punishments.

Places where prisoners of war serve disciplinary punishments must meet the requirements of hygiene. Punished prisoners must be kept clean.

Every day, these prisoners should have the opportunity to do gymnastics and walk in the air for at least two hours.

Article fifty-seven

Disciplined prisoners have the right to read and write, and to send and receive correspondence.

However, parcels and money orders may not be delivered to the addressees until the sentence has been served. If the undistributed parcels contain spoiled foodstuffs, they are used for the needs of the infirmary or for the needs of the camp.

Article fifty-eight

Prisoners of war serving disciplinary sentences may demand that they be taken to daily medical appointments. With regard to them, in necessary cases, doctors take the necessary measures, and in emergency cases they are evacuated to camp infirmaries or hospitals.

Article fifty-nine

Except for the competent courts and the higher military authorities, disciplinary sanctions may only be imposed by an officer vested with disciplinary power as a commandant of a camp or detachment, or by a responsible officer who replaces him.

3. Litigation

Article Sixty

When opening a judicial investigation against prisoners of war, the power of captivity, as soon as the opportunity presents itself (but in any case before the day of the trial of the case), notifies the representative of the protecting power.

This notice must contain the following information:

a) civil status and rank of the prisoner;

b) place of stay or imprisonment;

c) a detailed designation of the offense or the nature of the charge with a statement of the laws to be applied.

If it is not possible to indicate in the notice the court to which the case is subject, the date of the trial and the premises where it will take place, then this information must be delivered to the representative of the Protecting Power additionally and in any case three weeks before the opening of the proceedings.

Article sixty-one

No prisoner of war can be convicted without being given the opportunity to defend himself. No prisoner of war may be compelled to plead guilty to the act of which he is accused.

Article sixty-two

Prisoners of war have the right to be assisted by a qualified defense attorney of their choice and, if necessary, to have recourse to the assistance of a competent interpreter. They shall be notified of this right of theirs well in advance of the opening of the trial by the power of captivity.

If the prisoner has not chosen his defenders, one may be invited by the protecting power. The Power of Captivity shall communicate to the Protecting Power, at its request, a list of qualified persons who may represent the defence.

Representatives of the Protecting Power shall have the right to be present at the hearing of the case.

The only exception to this rule is when the trial of a case must take place behind closed doors for the sake of secrecy and in the interests of national security. The power of captivity warns the protecting power about this.

Article sixty-three

Prisoners of war shall be sentenced by the same judges and in the same manner as are prescribed for persons belonging to the army of the power containing the prisoners.

Article sixty-four

Every prisoner of war has the right to appeal against any sentence passed against him in the same manner as is established for persons who belonged to the military forces of the power of captivity.

Article sixty-five

Sentences pronounced against prisoners are immediately communicated to the Protecting Power.

Article sixty-six

If a death sentence has been pronounced against a prisoner of war, then a message outlining the detailed elements of the crime, the circumstances of the act is immediately transmitted to the representative of the protecting power for transmission to the power in whose armies the convicted person served.

This sentence shall not be carried out until at least three months have elapsed from the date on which this communication was sent.

Article sixty-seven

No prisoner of war may be deprived of the benefits provided for in Art. 42 of this Convention, by virtue of a court sentence or for other reasons.

SECTION IV On the end of captivity

Section I On direct repatriation and on the hospitalization of asylums in neutral countries

Article sixty-eight

The belligerents are obliged to send prisoners of war to their country, regardless of the rank and number of seriously wounded and seriously ill, putting them in a position that allows transportation.

On the basis of agreements between themselves, the belligerents have the right to determine, as soon as possible, cases of disability and illness, entailing direct repatriation, as well as cases of hospitalization in neutral countries. Prior to the conclusion of the aforementioned agreements, the belligerents may be guided by the model agreement attached as a documentary part to this convention.

Article sixty-nine

With the opening of hostilities, the belligerents agree on the appointment of mixed medical commissions. These commissions must be composed of three members, of which two belong to the neutral state, and one to the power containing the prisoners. One of the doctors of the neutral side must represent in the commission.

These mixed medical commissions will examine the prisoners, the sick and the wounded, and take a proper decision regarding them.

Decisions of these commissions are made by majority vote and implemented as soon as possible.

Article Seventy

In addition to those appointed by the camp doctor, they are examined by the mixed medical commission referred to in Art. 69, in order to ascertain the possibility of direct repatriation or hospitalization in neutral countries and the following prisoners of war:

a) prisoners who make a claim directly to the camp doctor;

b) prisoners, about whom the authorized persons provided for in Art. 43, both on their personal initiative and at the request of the prisoners themselves;

c) prisoners for whom an offer is made by the power in whose army they served, or about whom a relief society duly recognized and authorized by the said power presents.

Article seventy-one

Prisoners of war who have been victims of accidents at work, excluding intentional self-mutilation, are subject to the benefits of the same provisions with respect to repatriation or hospitalization in neutral countries.

Article seventy-two

In protracted hostilities and for reasons of philanthropy, the belligerents may conclude agreements on direct repatriation and hospitalization in neutral countries for prisoners of war who are subjected to long-term captivity.

Article seventy-three

The costs of repatriating prisoners of war or transporting them to neutral countries fall on the power holding the prisoners, in part of the transportation to the border and in the rest - on the power in whose armies the prisoners served.

Article seventy-four

No repatriated person can be used as an active soldier.

Section II Release and repatriation at the end of hostilities

Article seventy-five

When the belligerents conclude a reconciliation, they undertake first of all to agree on the conditions concerning the repatriation of prisoners of war.

And if these conditions could not be included in this agreement, the belligerents should enter into relations as soon as possible on the indicated subject. In all cases, the repatriation of prisoners of war must be carried out as soon as possible after the conclusion of peace.

If criminal proceedings are instituted against prisoners of war for crimes or acts of a general civil nature, they may be detained until the end of the judicial-investigative procedure and, if necessary, until the completion of their sentence.

The same applies to those convicted of crimes or acts of a general civil nature.

With the consent of the belligerents, commissions may be set up to search for scattered prisoners and to secure their repatriation.

CHAPTER V On the death of prisoners of war

Article seventy-six

The wills of prisoners of war must be accepted and delivered under the conditions in force for members of the national army.

The same rules will apply equally to documents certifying death.

The belligerents see to it that prisoners of war who die in captivity are buried with honor and that the graves have all the necessary information, are honored and properly maintained.

SECTION VI Concerning Bureaus of Assistance and Obtaining Information Concerning Prisoners of War

Article seventy-seven

From the very beginning of hostilities, each of the belligerents, as well as the neutral powers that hosted the participants in the war, approve the official Bureau of information on prisoners who are on their territory.

In the shortest possible time, each belligerent power informs its Bureau of information about the captures carried out by its armies, informing it of all information in its possession that certifies the identity of the prisoners and makes it possible to immediately notify the interested families about them with the message of official addresses at which the families can communicate with the prisoners in writing.

The information bureaus must immediately bring these communications to the attention of the Powers concerned, partly through the intermediary of the Protecting Powers, and partly through the central agency provided for in Art. 79.

The information bureau, authorized to answer all questions concerning prisoners of war, receives from the various competent departments all information concerning internment and transfers, release.

on parole, repatriations, escapes, stays in hospitals, deaths, as well as other information necessary for the establishment and maintenance of individual cards for each prisoner of war.

The Bureau shall enter on this card, as far as possible and in accordance with the provisions of Art. 5: service number, surname and name, date and place of birth, rank, military unit where the wanted person served, the name of his father, the surname of his mother, the address of the person who must be informed in case of injury or an accident about the date and place of captivity, internment, injuries, deaths, and other relevant information.

Weekly lists with all new information capable of facilitating the establishment of the identity of each prisoner are transmitted to the interested powers.

The personal card of each prisoner of war, upon the conclusion of peace, is transferred to the power that was served by this Bureau.

The Information Bureau is also required to collect all items of personal use, valuables, correspondence, passbooks, identity cards, etc., left behind by prisoners of war who are repatriated, released on parole, fled or died, and transfer all of the above to interested parties. countries.

Article seventy-eight

Societies for the relief of prisoners of war, established in accordance with the laws of their country, and having the aim of mediating in matters of charity, receive from the belligerent powers for themselves and their agencies all preferential opportunities, within the limits of military necessity, for the exhaustive discharge of their duty of humanity. Delegates of these societies can be admitted to assist in the camps, just as in the stages of repatriated prisoners, by obtaining permission from the military authorities and agreeing in writing to obey all orders regarding the order and instructions of the police authorities.

Article seventy-nine

A Central Information Agency (Information Bureau) for prisoners of war will be established in a neutral country. The International Committee of the Red Cross proposes to the Powers concerned the organization of such an agency, if the said Powers deem it necessary.

The agency in question is empowered to collect all the information concerning the prisoners that it can obtain, either officially or privately. It must hand them over as soon as possible to the homeland of the prisoners or to the state they serve.

These provisions should not be interpreted as limiting the humanitarian activities of the Red Cross.

Article eightie

Information bureaus are exempt from postal fees as well as from all exemptions provided for in Art. 38.

SECTION VII On the Extension of the Convention to Certain Civil Categories

Article eighty-one

Persons following the army, but not directly included in it, such as, for example: correspondents, newspaper reporters, scribblers, suppliers, falling into the power of the enemy and being detained by him, have the right to be kept as prisoners of war if they are provided with identity cards from that same military command followed.

SECTION VIII Implementation of the Convention

SECTION I General Provisions

Article eighty-two

The provisions of this convention shall be observed by the high contracting parties in all circumstances.

If, in case of war, one of the belligerents turns out to be not participating in the convention, nevertheless, the provisions of such remain binding on all the belligerents who sign the convention.

Article eighty-three

The High Contracting Parties reserve the right to conclude special agreements on all questions relating to prisoners of war, if it is considered beneficial to regulate these questions in a special way.

Prisoners of war shall remain subject to the benefits of these agreements until the repatriation is completed, except in cases where the contrary conditions are expressly included in the above or later agreements, and likewise, unless a belligerent takes more favorable measures in respect of the prisoners it holds.

Article eighty-four

The text of this convention and of the special agreements provided for in the preceding article shall be posted as far as possible in the native language of the prisoners of war, in places where it can be read by all prisoners of war.

Prisoners who are in a position that does not allow them to familiarize themselves with the posted text, at their request, the text of these decisions should be communicated.

Article eighty-five

The High Contracting Parties, through the intermediary Federal Council of Switzerland, shall communicate to each other the official translations of this Convention, as well as the laws and regulations which they may submit to ensure the application of this Convention.

SECTION II On the organization of control

Article eighty-six

The High Contracting Parties recognize that the precise application of this Convention is guaranteed by the possibility of cooperation between the Protecting Powers empowered to protect the interests of the belligerents; for this purpose, the Protecting Powers may, in addition to their diplomatic staff, appoint delegates from among their own subjects or from among the subjects of other neutral countries. These delegates are submitted for approval to the belligerent under which they carry out their mission.

Representatives of the Protecting Power, or delegates approved by it, shall be permitted to visit any and all places where prisoners of war are interned. They have access to all premises occupied by prisoners and, as a general rule, may communicate with them without witnesses, in person or with the assistance of an interpreter.

The belligerents shall facilitate the work of the representatives of the Protecting Power or its approved delegates by the broadest possible measures. The military authorities are notified of their visit.

The belligerents may agree on the admission of persons of the same nationality with prisoners to participate in verification trips.

Article eighty-seven

In the event of disagreement between the belligerents regarding the application of the provisions of this Convention, the Protecting Powers shall, as far as possible, offer their services to settle the dispute.

To this end, each of the Protecting Powers may propose to the belligerents concerned that they convene their representatives, presumably on a neutral territory chosen by agreement. The belligerents are obliged to put into motion the proposals that will be made to them in this direction. The Protecting Power may, if necessary, submit for the approval of the belligerent Powers a person belonging to one of the neutral Powers or delegated by the International Committee of the Red Cross, who will be entrusted to take part in this meeting.

Article eighty-eight

The foregoing regulations should not be an obstacle to the philanthropic activities of the International Red Cross, which it may develop for the protection of prisoners of war, with the consent of the belligerents concerned.

SECTION III Final Provisions

Article eighty-nine

In the relations between the Powers which are bound by the Hague Conventions of July 29, 1899, and of October 18, 1907, concerning the laws and customs of war on earth, which are parties to the present Convention (the latter supplementing Chapter II of the Charter annexed to the aforementioned Hague Conventions ).

Article ninety

The present convention may, from this date, until February 1, 1930, be signed on behalf of the countries represented at the conference which opened on July 1, 1929.

Article ninety-one

This convention must be ratified as soon as possible. The ratification is given in Bern.

On the return of each ratified act, a protocol is drawn up, a copy of which, duly certified, is transmitted by the allied Swiss Council to the governments of all countries in whose name the convention is signed or its acceptance is announced.

Article ninety-two

This Convention shall enter into force 6 months after the delivery of at least two instruments of ratification.

Thereafter, it shall enter into force for each High Contracting Party 6 months after the date of delivery of the instrument of ratification to it.

Article ninety-three

From the date of its entry into force, this Convention shall be open to the country in whose name it has not been signed.

Article ninety-four

Announcements of the adoption of the convention are announced to the Federal Swiss Council and enter into force 6 months from the date of their receipt by the council.

The Swiss Federal Council notifies the governments of those countries on behalf of which the convention was signed or its acceptance announced.

Article ninety-five

A state of war immediately brings into force the ratification and acceptance of conventions awarded to the belligerent powers before or after hostilities.

Notification of ratifications or acceptances received from Powers which are at war shall be effected by the Allied Swiss Council in the most expeditious manner.

Article ninety-six

Each of the High Contracting Parties shall have the right to declare renunciation of this Convention. This refusal does not have its proper effect until one year after the written notification of this to the Swiss Union Council. The latter notifies all the contracting parties of the aforementioned refusal of the government.

Renunciation of a convention is only valid if the high contracting party notifies it in writing.

In addition, the said waiver is invalid in the event of a war in which the other power takes part. In this case, the present convention shall remain in force beyond the end of the one-year period until the conclusion of peace, and in any case until the completion of repatriation.

Article ninety-seven

A duly certified copy of this Convention shall be deposited in the archives of the League of Nations - by the Swiss Federal Council.

Likewise, acts of ratification, acceptance and renunciation of conventions communicated to the Swiss Federal Council are communicated to the latter to the League of Nations.

Given at Geneva on the twenty-seventh day of July, one thousand nine hundred and twenty-nine, in a single copy, which is deposited in the archives of the Swiss Union, and copies of which, duly certified, are handed over to the governments of all countries invited to the conference.

TSHIDK. F. 1/p, op. 21a, d. 47, l. 22-48. Copy.

Speaking about the protection of victims of war, they mean the provision by the parties to the conflict of international legal protection for certain categories, that is, granting them a status that would guarantee humane treatment of them and exclude violence, bullying, mockery of a person, etc.

VICTIMS OF WAR - prisoners of war, the wounded and sick, members of the armed forces, shipwrecked at sea, as well as the civilian population, including those in the occupied territories.

Each of the categories of war victims listed above is protected by one of the four relevant Geneva Conventions of 1949 and Additional Protocols of 1977.

According to these international legal instruments, the victims of war must in all circumstances be protected and treated humanely without any discrimination based on race, colour, religion or creed, sex, origin or property or any other similar criteria.

Any encroachment on their life and physical integrity, in particular murder, mutilation, cruel inhuman treatment, torture, torment, infringement of human dignity, insulting and degrading treatment, condemnation and application of punishment for minor offenses, including collective punishment, is prohibited.

Children enjoy special protection and patronage.

Women are expected to be treated with special respect.

War prisoners must be treated humanely. It is forbidden to kill them, as well as to subject them to physical mutilation, scientific and medical experiments. They are considered to be in the power of the enemy, who bears full responsibility for their fate. Therefore, belligerents must protect prisoners of war from any acts of violence or intimidation, from insults, respect their personality and honor, treat female prisoners of war no worse than men, and not use any physical torture or coercion on prisoners of war in order to obtain any information (a prisoner of war is obliged state only your surname, first name, rank, date of birth and personal number).

The work of prisoners of war must be paid, but they cannot be involved in military work that is dangerous to health and humiliating.

Prisoners of war can settle in special camps for them. They must be provided with food, clothing and medical care.

Collective punishment is prohibited. Prisoners of war may be individually subjected to disciplinary and criminal punishment, but only once for the same misdemeanor or crime.

The escape of a prisoner of war is not considered a criminal act; if it fails, it can only entail a disciplinary sanction. After the end of the war, states must release and return to their country of citizenship or permanent residence all prisoners of war by way of general repatriation on the basis of special agreements. However, partial repatriation can be carried out under agreements and before the end of the war.

Members of the armed forces of the belligerents, in case of injury or illness, shall enjoy special protection.

The Geneva Conventions of 1949 and their Additional Protocols of 1977 oblige the belligerents to provide medical assistance and care for the wounded and sick of the enemy, categorically prohibit killing them, leaving them without help. They must be searched for, selected and provided with the same conditions as for their wounded and sick.

The belligerents are obliged to report the names of the wounded, sick and dead, to bury them, to protect them from robbery, to allow the local population (and at sea - the military and merchant ships of neutral countries) to pick up the wounded and sick, to care for them without fear of persecution, to allow enemy hospital ships to leave seized ports.

Medical formations (sanitary detachments, hospitals, trains, ships, aircraft) cannot be objects of military operations, they are inviolable. The distinctive emblem of the Sanitary Services is a white flag with a red cross and a red crescent. Hospital ships must be painted white with appropriate emblems. The belligerents must bring to the attention of the Central Information Agency for Prisoners of War in Switzerland as soon as possible all data on the wounded, sick and prisoners of war in their possession, and on their death.

International law distinguishes between combatants (fighting) and non-combatants (not fighting).

The personnel of the armed forces of a party to the conflict, as well as the personnel of the militia and volunteer detachments that are part of these armed forces and are directly involved in military clashes, are automatically combatants and enjoy the rights defined by international treaties.

Members of other militias and volunteer corps, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, are combatants and enjoy rights under international treaties, if they respond the following conditions:

Have at their head a person responsible for their subordinates,

have a distinctive and clearly visible from a distance distinctive sign,

openly carry weapons

· observe in their actions the laws and customs of war.

Combatants include:

· the personnel of the regular armed forces and the paramilitary or armed organizations included in them, the personnel of the militias and volunteer detachments included in the armed forces;

· partisans, militias and volunteer units, including organized resistance movements, if they meet the 4 requirements above;

· the population of the unoccupied territory, which, when the enemy approaches, spontaneously takes up arms to fight the invading troops;

· armed participants in national liberation movements fighting against colonialism, racism and foreign domination in the exercise of their right to self-determination (only for countries participating in Additional Protocol I of 1977).

Military journalists, quartermasters, military medical staff and military lawyers are considered non-combatants, despite being part of the armed forces.

Combatants who fall into the power of the enemy are entitled to the status of a prisoner of war. War correspondents and others on duty may not be combatants, but may be eligible for prisoner of war status. At the same time, the right to use weapons is reserved only for combatants. If civilians take part in hostilities, they lose their status and due protection.

Mercenaries - persons acting in order to obtain material rewards, who are not citizens of either of the parties to the conflict, who do not permanently reside on their territory and who are not persons sent to perform official duties, cannot claim the status of combatant and prisoner of war. In a number of countries, mercenarism is recognized as a crime and subject to criminal prosecution. A distinction should be made between mercenaries and volunteers: the latter participate in the conflict for ideological reasons and are combatants.

According to the First Additional Protocol to the Geneva Conventions, mercenaries do not receive the status of combatant and prisoner of war, but nevertheless they must be treated humanely in accordance with Art. 3 common to all Geneva Conventions.

The rights and obligations of prisoners of war are regulated by the IV Hague Convention of 1907 and the III Geneva Convention.

Any combatant who has fallen into the power of an enemy state, as well as non-combatants who are part of armed formations, has the status of a prisoner of war. Violation by this person of international norms for the conduct of hostilities is not a basis for depriving him of this status, except in cases of espionage. However, for the commission of international crimes (but not for participation in hostilities), a prisoner of war can be prosecuted.

Under international law, any member of the armed forces of a party to a conflict who falls into the hands of an adverse party while engaged in espionage is not entitled to prisoner of war status and may be treated as a spy, then if he can be prosecuted.

Unlike a spy, an intelligence officer, i.e. a member of the armed forces of a party to the conflict who, on behalf of that party, collects or attempts to collect information in territory controlled by an adverse party, is not considered a person engaged in espionage if, in doing so, it wears the uniform of its armed forces. Thus, in the event of capture, the scout has the right to the status of a prisoner of war.

A member of the armed forces of a Party to the conflict who does not reside in territory occupied by an adverse Party and who engages in espionage in that territory shall not lose his right to prisoner of war status and may not be treated as a spy, except by those when it is captured before it has rejoined the armed forces to which it belongs.

Accordingly, from the point of view of international law, only front-line scouts wearing the uniform of their armed forces can be considered scouts. All undercover intelligence officers are, by definition, spies.

International law contains norms protecting journalists in time of war.

Two categories of journalists can work in a zone of armed conflict:

war correspondents (art. 4.A (4) III of the Geneva Convention of 1949) and

· journalists who are on dangerous professional business trips in areas of armed conflict (Article 79 I of the Additional Protocol to the Geneva Conventions of 1949).

According to Art. 4 III of the Geneva Convention of 1949, war correspondents must meet the following conditions:

· to be representatives of mass media;

have accreditation in the armed forces;

accompany military formations;

Not to be members of military formations.

The same article states that war correspondents, when taken prisoner, enjoy the same protection as prisoners of war.

Journalists who are on dangerous professional assignments in areas of armed conflict do not receive accreditation in the armed forces, although they can accompany military formations - at least there is no direct prohibition on such escort. Such journalists have the status of a civilian and, as a result, are protected from attack, unless they commit any act inconsistent with their civilian status. It should be noted that the provision of Art. 79 I of the Additional Protocol to the Geneva Conventions of 1949 is referential and is disclosed in the articles that deal with the protection of the civilian population.

The protection of journalists implies not only the need to take certain actions, but also the obligation not to resort to certain kinds of actions in relation to them. So, civilians in accordance with Art. 51 (2) I of the Additional Protocol to the Geneva Conventions of 1949 (including journalists) must not be the object of attack, in accordance with Art. 52 of the Protocol, civilians have the right to have their property treated with respect if it is not of a military nature.

Issues related to the protection of the civilian population and civilian objects in times of armed conflict are governed by the Fourth Geneva Convention and the Additional Protocols of 1977.

According to these documents, it is prohibited:

making the civilian population, its individual representatives or peaceful objects the targets of strikes;

· inflict indiscriminate strikes (not aimed at a specific military target or with weapons that do not allow the possibility of an indiscriminate strike), as well as strikes, as a result of which an excess number of civilian casualties can be expected in comparison with the military successes achieved;

· use starvation among the civilian population as a means of war;

· strike at objects that are important for the life support of the civilian population;

strike at structures with significant energy potential (such as dams, dams, nuclear power plants), if the release of this energy can lead to significant losses among the civilian population (except when such structures provide direct support to the armed forces and there is no other reasonable a way to terminate this support);

At the same time, the presence of a civilian population in a certain place is not an obstacle to the conduct of military operations in that place. The use of the civilian population as human shields is expressly prohibited.

The protocol also states that when planning and conducting military operations, it is necessary to constantly take care to avoid civilian casualties or, in extreme cases, to minimize them.

Considering the issue of protecting victims of armed conflict, the following conclusions can be drawn:

1. Victims of war must in all circumstances be protected and treated humanely without discrimination of any kind.

2. Members of the armed forces of the belligerents, in case of injury or illness, shall enjoy special protection.

3. The civilian population is inviolable.

3. The Geneva Conventions and modern armed conflicts

At the core of the Geneva Conventions is the notion of respect for the life and dignity of the individual. People affected by the conflict must receive assistance and care without any discrimination. The conventions also reaffirm and reinforce the role of medical professionals: medical personnel, medical units and ambulances must be respected and protected under all circumstances. This is a prerequisite for them to be able to pick up the wounded and sick and provide assistance to them. The principles on which these rules are based are as ancient as armed conflict itself.

However, the question still often arises: are the Conventions still relevant, do they matter for modern wars?

The fact that international humanitarian law has not lost its relevance is confirmed by the results of a public opinion poll in which people in countries affected by war were asked what they consider acceptable behavior during hostilities; they were also asked questions about the effectiveness of the Geneva Conventions. This study is called “Our world. A look from hotspots was conducted by Ipsos in Afghanistan, Haiti, Georgia, the Democratic Republic of the Congo, Colombia, Liberia, Lebanon and the Philippines. This study was specially commissioned by the ICRC on the occasion of the 60th anniversary of the Geneva Conventions.

Most of the roughly 4,000 people polled in those eight countries - 75% - say that the actions that combatants are allowed to do in combat should be subject to some kind of restriction. And when asked if they had ever heard of the Geneva Conventions, slightly less than half of the respondents answered that they were aware of the existence of such norms. Of these, about 56% believe that the Geneva Conventions limit the suffering of civilians in times of war.

These results suggest that the key ideas underlying the Geneva Conventions and IHL in general enjoy broad support among people who live in countries suffering from conflict or situations of violence.

However, the survey also showed that the impact of these norms on the situation on the ground is felt much less than the support of the population for the norms themselves. This presumably means that people in war-torn countries would like to see greater enforcement and enforcement of the rule of law.

In order to analyze the question of the relevance of the Geneva Conventions in international (interstate) and non-international armed conflicts, several examples can be given for each case.

In analyzing further the question of the relevance of the Conventions, it should be remembered that for the most part the Geneva Conventions govern international armed conflicts, including situations of military occupation. While such conflicts and occupations do indeed - fortunately - do not occur as often as they used to, we can only observe that they have not completely disappeared. Recent examples of conflicts where the Conventions have been fully applied are the conflict in Afghanistan (2001-2002), the war in Iraq (2003-2004), the conflict in southern Lebanon (2006) and the conflict between Russia and Georgia ( 2008) Therefore, to the extent that international conflicts and cases of occupation continue to occur and will continue to occur, the Conventions remain valid and relevant. Therefore, it is very important to preserve this invaluable humanitarian experience, which was obtained thanks to the fact that all the states of the world have acceded to the Conventions. Whatever changes take place in the future, they must be based on these already existing norms.

To give just one example of such an experience, the regulation of detention conditions has played a huge role in saving the lives and health of many prisoners. It is on the basis of these provisions of the Geneva Conventions that the ICRC can carry out its work in the field, including visits to detainees. The purpose of such visits is to prevent enforced disappearances, extrajudicial executions, torture and other cruel, inhuman or degrading treatment or punishment, to monitor the physical conditions of detention and to restore family ties, for example, through the exchange of Red Cross messages.

A few figures relating to recent international armed conflicts may be sufficient to show how relevant the Geneva Conventions remain to the victims of war. During the conflict between Eritrea and Ethiopia, in 2001 alone, ICRC delegates visited over a thousand Ethiopian prisoners of war and 4,300 civilian internees. In addition, we facilitated the exchange of 16,326 messages between Ethiopian and Eritrean prisoners of war and their families. The ICRC also arranged for 12,493 Ethiopian civilians to cross the front lines safely. In cooperation with the Eritrean Red Cross, the ICRC distributed humanitarian aid to more than 150,000 civilians affected by the conflict and provided surgical supplies for the treatment of 10,000 injured, in cooperation with the Ministry of Health.

In Iraq, from April 2003 to May 2004, ICRC delegates visited 6,100 prisoners of war and 11,146 civilian internees and detainees held by the occupying powers. In addition, 16,000 Red Cross messages were handed over. Even in the rather short conflict between Russia and Georgia in 2008, a number of prisoners of war were helped by the protective provisions of the Third Geneva Convention and the status it conferred. Based on this Convention, ICRC delegates were able to visit these prisoners of war.

However, not every positive impact of the Geneva Conventions can be quantified. The true value of the Conventions lies not only in the good they help to do, but perhaps even more so in the even greater evil they help to prevent. For example, we know from experience that the distinctive emblems of the red cross and red crescent have protected countless hospitals, medical units and their personnel, as well as vast numbers of the wounded and sick. In recent years, we have unfortunately witnessed too many egregious violations of inviolability and distinctive emblems and medical missions, however, without the norms contained in the Conventions, the situation would be much worse. Worse for the victims and much harder for those who try to provide them with help and protection.

geneva convention war armed

The Geneva Conventions for the Protection of Victims of War are international multilateral agreements on the laws and customs of war aimed at protecting the victims of armed conflicts. They were signed on August 12, 1949 at the United Nations Diplomatic Conference, which met in Geneva from April 21 to August 12, 1949. Entered into force on October 21, 1950.

The Geneva Conventions include four universal international treaties:

1) Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field- obliges its participants to gather on the battlefield and provide assistance to the wounded and sick of the enemy, and any discrimination against the wounded and sick on the grounds of gender, race, nationality, political opinion or religion is prohibited. All the wounded and sick who fell into the power of the enemy must be registered, and their data reported to the state on whose side they fought. Medical establishments, medical personnel and transport for the transport of the wounded, sick and medical equipment shall be protected and attack is prohibited.

2) Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea - establishes rules for the treatment of the sick and wounded during naval warfare, similar to the rules provided for by the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

3) Convention on the Treatment of Prisoners of War- Establishes rules to be followed by belligerents in the treatment of prisoners of war.

4) Convention for the Protection of Civilian Persons in Time of War- provides for humane treatment of the population located in the occupied territory and protects their rights.

On June 8, 1977, two Additional Protocols were adopted to the Geneva Conventions under the auspices of the International Committee of the Red Cross: Protocol I relating to the protection of victims of international armed conflicts, and Protocol II relating to the protection of victims of non-international armed conflicts.

On December 8, 2005, the Geneva Convention was adopted Additional Protocol III on the introduction of a distinctive emblem in addition to the Red Cross and Red Crescent.

The Geneva Conventions are a development of international legal norms on the protection of victims of war, previously enshrined in the Hague Conventions of 1899 and 1907. and conventions signed at Geneva in 1864, 1906 and 1929.

The Geneva Conventions enshrined the basic principle of modern international law: wars are waged against the armed forces of the enemy; military operations against the civilian population, sick, wounded, prisoners of war, etc. prohibited.

The Geneva Conventions apply in the event of a declared war or any armed conflict, even if one of the belligerents does not recognize the state of war, and in the event of an occupation of a territory, even if that occupation meets with no armed resistance. The parties to the Geneva Conventions are obliged to comply with their provisions, if the opposing party does not participate in the Geneva Conventions, but will also comply with them in their actions. The provisions of the Geneva Conventions are also binding on neutral countries.

The Geneva Conventions provide for the obligation of member countries to seek out and punish persons who have committed or ordered to commit acts that violate the provisions of these conventions. Such persons are subject to the court of the country in whose territory they committed the crimes, or the court of any country party to the Geneva Conventions, if it has evidence of their guilt.

A serious violation of the Geneva Conventions is the intentional killing of the wounded, sick, prisoners of war and the civilian population, torture and inhuman treatment of them, including biological experiments, damage to health, forcing prisoners of war to serve in the enemy army, taking hostages, serious destruction of property not caused by military necessity and etc. Persons guilty of serious violations of the Geneva Conventions are treated as war criminals and should be prosecuted.

The Geneva Conventions provide for procedures for investigating allegations of violations and oblige parties to enact laws providing for effective criminal punishment of perpetrators.

More than 190 states, that is, almost all countries of the world, have joined the Geneva Conventions. The Geneva Conventions for the Protection of War Victims were signed on behalf of Ukraine on December 12, 1949 (ratified on July 3, 1954), additional protocols on December 12, 1977 (ratified on August 18, 1989).

The most important provisions for the protection of civilians:

It is forbidden to use weapons against civilians;

any acts of terror, including the taking of hostages, are prohibited;

It is forbidden to use civilians as human shields;

· It is forbidden to use starvation among the civilian population as a method of warfare;

It is forbidden to involve civilians in forced labor in favor of the occupying army;

· it is forbidden to resettle civilians on the territory of the occupying country, on the territory of other countries.

The most important provisions for the protection of non-military objects:

· it is forbidden to attack medical institutions and vehicles (stationary and mobile hospitals, hospitals, infirmaries, ambulances, trains, ships, planes); during the war, all these objects must have special designations: red cross, red crescent, red crystal;

· it is forbidden to attack objects and vehicles of civil defense (indicated by the international sign of civil defense);

It is prohibited to attack objects of life support of the population;

· it is forbidden to attack objects that have historical and cultural value (including all places of worship, regardless of religion and confession);

· it is forbidden to attack objects and installations containing dangerous forces, the destruction of which can lead to an ecological catastrophe - nuclear power plants, dams of large reservoirs, large chemical enterprises, warehouses of highly toxic substances, etc. (marked with a special sign).

Literature

1. Law of Ukraine "On the Civil Defense of Ukraine": Decree of the Supreme Council for the sake of Ukraine No. 2974-ХІІ dated February 3, 1993.

2. About the approval of the Regulations on the Civil Defense of Ukraine: Decree to the Cabinet of Ministers of Ukraine No. 299 dated January 10, 1994.

3. About the single sovereign system of defense and response to supra-divine situations of man-caused and natural character: Decree to the Cabinet of Ministers of Ukraine No. 1198 dated April 3, 1998.

4. The Law of Ukraine "On the defense of the population and territories in the supremacy of situations of man-made and natural character": Decree of the Supreme Council for the sake of Ukraine No. 1809-ІІІ dated December 8, 2000.

5. Law of Ukraine "On the legal ambush of a civilian zakhist": Decree of the Supreme Council for the sake of Ukraine No. 1859-VІ dated March 24, 2004.

6. Code of civil defense of Ukraine: Decree of the Supreme Council for the sake of Ukraine No. 5403-VI dated July 2, 2012.

7. About the approval of the Regulations on the single state system of civil defense: Decree to the Cabinet of Ministers of Ukraine No. 11 dated September 9, 2014.

8. Concerning the confirmation of the Classification signs of epidemiological situations: Order of the Ministry of Supervisory Situations of Ukraine No. 1400 dated December 12, 2012.

9. About the ratification of the Geneva Conventions on 12 September 1949 about the defense of the victims of the war: Decree of the Presidium of the Supreme Council for the sake of the Ukrainian RSR on 3 September 1954.

10. About the ratification of the Additional Protocol to the Geneva Conventions of 12 September 1949, which is worth defending the victims of international violent conflicts (Protocol I), and the Additional Protocol to the Geneva Conventions of 12 September 1949, fussing over the victims of evil conflicts of a non-national character ( Protocol II): Decree of the Presidium of the Verkhovna Rada of Ukraine No. 7960-XI dated 18 April 1989.

11. Law of Ukraine "On the protection of Ukraine until the Geneva Conventions on the defense of the victims of war on 12 April 1949": Decree of the Supreme Council for the sake of Ukraine No. 3413-IV on 8 February 2006.

States that [ ]

Provisions concerning the treatment of prisoners of war are contained in the Hague Conventions of 1899 and 1907. During the First World War, these rules revealed a number of shortcomings and inaccuracies. These shortcomings and inaccuracies were partly overcome by special agreements concluded between the belligerents in Bern in 1917 and 1918. In 1921, at the Geneva Conference of the International Red Cross, a desire was expressed to adopt a special convention on the treatment of prisoners of war. The International Red Cross prepared a draft convention, which was presented at the Diplomatic Conference in Geneva in 1929. The Convention did not replace, but completed and brought together the provisions of the Hague Rules. The most important innovations were the prohibition of reprisals and collective punishment for prisoners of war, the rules for organizing the work of prisoners of war, the appointment of representatives and control by the protecting powers

Encyclopedic YouTube

1 / 4

International humanitarian law. Lecture 1. Main provisions of international humanitarian law

📚International legal protection of victims of armed conflicts 🎓 Social studies Grade 9

Intelligence: Igor Pykhalov about Soviet prisoners of war

Problems with compliance with the Geneva Conventions

Subtitles

General provisions

Article 1: Makes direct reference to Articles 1, 2 and 3 of the Hague Convention on the Laws and Customs of War on Land of 18 October 1907 to determine who are lawful combatants and so qualify prisoners of war. In addition to the combatants defined by the Hague Conventions, some civilians are also defined in the section of the Convention entitled "Application of the Convention to Certain Classes of Civilians".

Articles 2, 3 and 4: Define prisoners of war as prisoners of the power that is detaining them, and not as prisoners of the military unit that captured the prisoners of war, stipulate the right of prisoners of war to respect for their person and honor, stipulate the right of women to treatment appropriate to their sex and not allow differences in content between prisoners of war, with the exception of the maintenance of prisoners of war of different ranks in different conditions. Article 4 specifically places the material support of prisoners of war on the captive side: "the power that took the prisoners of war is obliged to take care of their maintenance." The provisions of this article are often hushed up in various studies [ what?] , aimed at justifying the death of prisoners and their inadequate provision of food, clothing, housing and treatment, by the fact that these costs were not covered by contributions from the respective state in whose armed forces the prisoners served at the time of captivity [ ] .

About being taken prisoner

Articles 5 and 6 talk about the rights of prisoners of war during their capture, about personal belongings, uniforms and money.

The 1949 Convention was further amended to define the rights of prisoners of war in the event of surrender, and not just during hostilities.

Evacuation and notification

Articles 7 and 8 govern the evacuation of prisoners of war from the combat zone, the duration of the day's march, and notification of the enemy through information bureaus

POW camps

Articles 9 and 10 regulate the requirements for the premises where prisoners of war are kept, prohibit the keeping of prisoners of war near a war zone, in an unfavorable climate, in unsanitary or fire hazardous conditions.

Articles 11, 12 and 13 establish that the diet of prisoners of war must be equal to that of servicemen in barracks, permit the preparation of additional food if available, and prohibit food punishment. Prisoners of war may be recruited to work in the kitchen. Sufficient water supply must be established, tobacco smoking is allowed. The supply of clothing lies on the side that holds the prisoners of war, and its repair must also be ensured. For work, special overalls must be provided. In prisoner of war camps there should be shops selling food and household items.

Articles 14 and 15 oblige to have infirmaries in each camp and provide monthly medical examinations and adequate treatment, including free prosthetics.

Articles 16 and 17 stipulate the freedom to perform religious rites that do not violate public order and the promotion of sports and other hobbies in the camp.

Articles 18 and 19 define subordination to a responsible officer, salutation and the right to insignia.

Articles 20-23 establish the allowance corresponding to the rank, service personnel from among the prisoners of war corresponding to the rank, the right to interpreters or interrogations in the native language for the prisoner of war. After the end of hostilities, the maintenance of the prisoner of war must be compensated by the party in whose service the prisoner of war is.

Article 24 stipulates the right of a prisoner of war to send a specified part of his funds to relatives.

Articles 25 and 26 establish restrictions on the transport of wounded prisoners of war, unless this is required by the military situation. In case of transfer to a new camp, prisoners of war must be notified in advance, have the right to take personal belongings with them, and their new postal address must be changed in a timely manner.

POW labor

Articles 27 to 34 establish the order of labor for prisoners of war. Equal working day with the local population, one day off per week, the responsibility of the state for work for private individuals, the inadmissibility of hard work for the level of development of a prisoner of war and the use of prisoners of war in dangerous or health-threatening work. The work of prisoners of war on military installations or in general related to military operations is not allowed. Officers are involved in the work at their request. The work of a prisoner of war must be paid according to tariffs and a share of earnings received in cash is determined.

External Relations

Articles 35 to 41 stipulate the right of prisoners of war to receive and send letters, powers of attorney, wills, telegrams and parcels, the procedure and norms must be published at the outbreak of hostilities.

Relations with authorities

Articles 42 to 67 describe the relations of prisoners of war with the authorities, their right to complain about the conditions of detention, including an immediate complaint to representatives of the protecting powers. When prisoners of war are brought to trial or liable, their rights and punishment must be determined by the envisaged liability for the military personnel of the captive party, however, a prisoner of war cannot be deprived of his rank. Also, the repatriation of a prisoner of war cannot be delayed in connection with a disciplinary punishment imposed on him, this is only possible during the prosecution, which must be notified in advance to the party served by the prisoner of war. The sentence shall be immediately communicated to the Protecting Power; in the case of a death sentence, it shall not be put into effect for at least 3 months after its pronouncement. Thirty-day arrest - the maximum disciplinary punishment in terms of time and sanctions, cannot be extended and cannot follow one after another without a minimum three-day break.

Termination of captivity

Articles 68 to 74 stipulate that the seriously wounded and seriously ill must be sent to their country at a time when their position will allow safe transportation. They stipulate the composition of joint medical commissions, the right to repatriate victims of accidents at work, the impossibility of military service of the repatriated, and the procedure for paying for the transportation of those who are subject to repatriation or transportation to neutral countries.

Article 75 establishes that prisoners of war must be repatriated as soon as possible after the conclusion of a reconciliation between the warring parties, and if the fate of the prisoners of war is not stipulated in the reconciliation agreement, the parties must resolve this issue as soon as possible.

Article 76 requires burial with honor for those who died in captivity, their graves must have all the necessary information and be properly maintained.

About the help desk

Articles 77 to 80 describe the operation of the Prisoner of War Information Bureau, the manner and frequency of the exchange of information by the belligerents, the participation of neutral countries and charitable organizations.

Separate categories of civilians

Article 81 stipulates the right of certain categories of civilians, such as marketers, suppliers, correspondents, to use the rights of a prisoner of war when captured by the enemy, if they have identity cards from the same units.

Implementation of the Convention

Articles 82 to 97 describe the procedure for the implementation and operation of the convention, establish the obligation of its implementation for all countries that have signed the convention. They establish the procedure for familiarizing prisoners of war with the text of the convention, the procedure for exchanging translations of the text, the procedure for monitoring the implementation of the convention by the protecting powers, the procedure for resolving contradictions, the procedure for putting the convention into effect after ratification, and the inadmissibility of refusing to comply with the convention in case of war.

States Parties and Signatory States

53 countries have signed and ratified the Convention. The countries that have signed and ratified the convention are referred to as the states parties to the Convention (eng. State parties). Not all countries involved in World War II signed the Convention; including the convention was not signed by the USSR. Japan has signed the Convention but has not ratified it, thus being a "Signatory State". There are 9 such signatory states.

USSR

The USSR did not sign the Geneva Convention on Prisoners of War. According to the documents, in 1929 the USSR signed the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field - one of the two Geneva Conventions of 1929, but did not sign the Prisoners of War Convention:

On July 27, 1929, the Geneva Conference worked out a convention on the maintenance of prisoners of war. The government of the USSR did not take part in the drafting of this convention, nor in its ratification.

Instead of joining the Convention on March 19, 1931, the Central Executive Committee and the Council of People's Commissars of the USSR adopted the “Regulations on Prisoners of War”, which generally repeated the Convention, but also had a number of differences. The Soviet government did not consider it necessary to sign the Convention because it joined the Hague Conference, which contains all the most important provisions that the Geneva one did.

The question of the impact of the refusal of the USSR to join the convention on the fate of Soviet prisoners of war in Nazi captivity

During the Second World War, both the USSR and Germany on the Eastern Front did not adhere to the requirements of the Hague and Geneva Conventions in relation to the captured enemy. The ideological guidelines and propaganda of both states dehumanized the image of the enemy, additionally exploiting the information received about the terrible conditions of being in enemy captivity, in the hope that such information would force the soldiers to fight without thinking about the possibility of surrendering: 511, 519. Only since 1943 did the process of exchanging correspondence and other improvements in the situation of prisoners of war on both sides gradually begin.

The fact that the USSR did not sign the Geneva Convention on Prisoners of War was widely known, as Nazi Germany used it to justify the inhuman treatment of Soviet prisoners of war:

The Soviet Union did not accede to the agreement of July 27, 1929 regarding the treatment of prisoners of war. As a result, we are not obliged to provide Soviet prisoners of war with supplies that would correspond to this agreement both in quantity and in quality.

Nuremberg Proceedings Document D-225

Falsification by Yu. G. Veremeev

Third Geneva Convention (1929)

Introduced a new provision, establishing that its conditions apply not only to citizens of countries that have ratified the convention, but to all people, regardless of their citizenship (not only to the military, but also to the civilian population).

The experience of the First World War and the practice of applying the 1906 Convention required certain clarifications and changes to be made more in line with the changed conditions of the war. Therefore, in the summer of 1929, a New Convention for the Amelioration of the Condition of the Wounded and Sick in Combat Operations was concluded. The 1929 convention had a similar title to that of 1906 and referred to both 1864 and 1906 in the introductory part. Geneva military wounded

The 1929 Convention has grown to 39 articles.

For the first time, a provision appeared in it that after each clash, if circumstances permit, a local truce or at least a temporary ceasefire should be declared in order to make it possible to carry out the wounded.

For the first time in this Convention, identification tokens are mentioned, which should consist of two halves. When a dead soldier is found, one half is left on the corpse, and the second must be transferred to the appropriate authorities in charge of personnel records. Moreover, in relation to the dead soldiers of the enemy, these halves must be transferred to the military authorities of the side to which the deceased belonged.

In contrast to the 1906 Convention, the new one limits the presence of armed persons in medical institutions to sentries or pickets. It is no longer allowed to have armed units. It is possible to store weapons and ammunition of the wounded and sick only temporarily until it becomes possible to hand them over to the appropriate services. But under the protection of the Convention now falls veterinary personnel located in a medical institution, even if he is not part of the latter.

Some measures of protection and patronage have been returned to the local residents, who, on their own initiative or at the call of the military authorities, take part in the collection and treatment of the wounded. The occupying authorities may also provide them with certain material resources for this purpose.

The 1929 Convention specifies who belongs to the personnel protected by the Convention and who, if they fall into the hands of the enemy, are not referred to as prisoners of war, but are returned to their troops. In addition to those who are engaged in the collection, transportation, treatment of the wounded, priests, administrative staff of medical institutions, soldiers of the combat troops, specially trained to provide first aid, soldiers used to carry and transport the wounded, have now come under the protection of the Convention. In our opinion, these are company and battalion medical instructors, orderlies, orderlies-drivers. Now, if they fell into the hands of the enemy at the moment when they were engaged in this business and had the appropriate identification cards in their hands, then they are also not taken prisoner, but treated like the personnel of medical institutions.

Convention allows them to be kept in the hands of the enemy only to perform the duties of caring for their wounded, and for the time required for this. Then these personnel, together with weapons, means of transport, equipment, are transported in a safe way to their troops.

In the 1929 Convention, the former meaning of the "red cross on a white background" emblem was retained. Those. this badge is the hallmark of the medical service of all armies. However, given that in non-Christian countries the cross is not perceived as a medical sign, but as a symbol of Christianity (i.e. a symbol of a hostile religion), the new Convention determined that instead of the red cross, a red crescent, red lion and sun.

The Convention also clarified that in order to recognize persons as belonging to personnel protected by the Convention, it is not enough that the person wears an identifying armband. He must also be provided by the military authorities of his army with an appropriate photo identification card, or at the very least, an appropriate entry in his soldier's book. The identity documents of personnel protected by the Convention must be the same in all belligerent armies.

Unfortunately, the Convention itself did not offer a model for such a certificate, leaving this issue to the agreement of the belligerents. The Second World War will show that in modern conditions opponents cannot agree on anything during the war. Such certificates never appeared in any of the countries affected by the war. This gave a formal reason to take medical personnel prisoner along with all other soldiers and officers.