FM 27-10, 15 July 1976 Changes of 1956

FM 27-10
DEPARTMENT OF THE ARMY FIELD MANUAL
THE LAW
OF
LAND WARFARE
DEPARTMENT OF THE ARMY JULY 1956
FM 27-10
Appendix A - i
FM 27-10
C1
CHANGE HEADQUARTERS
DEPARTMENT OF THE ARMY
No. 1 WASHINGTON, D. C., 15 July 1976
THE LAW OF LAND WARFARE
FM 27-10, 18 July 1956, is changed as follows:
Page 5. Paragraph 5 a (13) is added:

(13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17
June 1925 (T. I.A .S. ), cited herein as Geneva Protocol of 1925.
Page 18. Paragraph 37 b is superseded as follows:

b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or
poisoned weapons against human beings. Restrictions on the use of herbicides as well as
treaty provisions concerning chemical and bacteriological warfare are discussed in
paragraph 38.
Page 18. Paragraph 38 is superseded as follows:
38. Chemical and Bacteriological Warfare

a. Treaty Provision. Whereas the use in war of asphyxiating, poisonous or other gases, and of all
analogous liquids, materials or devices, has been justly condemned by the general opinion of the civilized
world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of
the world are Parties; and
To the end that this prohibition shall be universally accepted as a part of International Law, binding
alike the conscience and the practice of nations:
* * * the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such
use, accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of
warfare and agree to be bound as between themselves according to the terms of this declaration. (Geneva
Protocol of 1925.)
b. United States Reservation to the Geneva Protocol of 1925. The said Protocol shall cease to be
binding on the government of the United States with respect to the use in war of asphyxiating, poisonous
or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy State if such State
or any of its allies fails to respect the prohibitions laid down in the Protocol.
FM 27-10
Appendix A - ii
c. Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents. The
United States renounces, as a matter of national policy, first use of herbicides in war except use, under
regulations applicable to their domestic use, for control of vegetation within US bases and installations or
around their immediate defensive perimeters, and first use of riot control agents in war except in
defensive military modes to save lives such as:
(1) Use of riot control agents in riot control situations in areas under direct and distinct US military
control, to include controlling rioting prisoners of war.
(2) Use of riot control agents in situations in which civilians are used to mask or screen attacks and
civilian casualties can be reduced or avoided.
(3) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and
passengers, and escaping prisoners.
(4) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect
convoys from civil disturbances, terrorists and paramilitary organizations.
*****
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of
America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed
Forces of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the
Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited
unless such use has Presidential approval, in advance.
SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary
to ensure that the national policy herein announced shall be observed by the Armed Forces of the United
States. (Exec. Order No. 11850, 40 Fed. Reg. 16187 (1975).)
d. Discussion. Although the language of the 1925 Geneva Protocol appears to ban unqualifiedly the
use in war of the chemical weapons within the scope of its prohibition, reservations submitted by most of
the Parties to the Protocol, including the United States, have, in effect, rendered the Protocol a prohibition
only of the first use in war of materials within its scope. Therefore, the United States, like many other
Parties, has reserved the right to use chemical weapons against a state if that state or any of its allies fails
to respect the prohibitions of the Protocol.
The reservation of the United States does not, however, reserve the right to retaliate with
bacteriological methods of warfare against a state if that state or any of its allies fails to respect the
prohibitions of the Protocol. The prohibition concerning bacteriological methods of warfare which the
United States has accepted under the Protocol, therefore, proscribes not only the initial but also any
retaliatory use of bacteriological methods of warfare. In this connection, the United States considers
bacteriological methods of warfare to include not only biological weapons but also toxins, which,
although not living organisms and therefore susceptible of being characterized as chemical agents, are
generally produced from biological agents. All toxins, however, regardless of the manner of production,
are regarded by the United States as bacteriological methods of warfare within the meaning of the
proscription of the Geneva Protocol of 1925.
Concerning chemical weapons, the United States considers the Geneva Protocol of 1925 as applying
to both lethal and incapacitating chemical agents. Incapacitating agents are those producing symptoms
that persist for hours or even days after exposure to the agent has terminated. It is the position of the
United States that the Geneva Protocol of 1925 does not prohibit the use in war of either chemical
herbicides or riot control agents, which are those agents of a type widely used by governments for law
enforcement purposes because they produce, in all but the most unusual circumstances, merely transient
effects that disappear within minutes after exposure to the agent has terminated. In this connection,
FM 27-10
Appendix A - iii
however, the United States has unilaterally renounced, as a matter of national policy, certain uses in war
of chemical herbicides and riot control agents (see Exec. Order No. 11850 above). The policy and
provisions of Executive Order No. 11850 do not, however, prohibit or restrict the use of chemical
herbicides or riot control agents by US armed forces either (1) as retaliation in kind during armed conflict
or (2) in situations when the United States is not engaged in armed conflict. Any use in armed conflict of
herbicides or riot control agents, however, requires Presidential approval in advance.
The use in war of smoke and incendiary materials is not prohibited or restricted by the Geneva
Protocol of 1925.
Page 19. Paragraphs 39, 40, and 41 are superseded as follows:

39. Bombardment of Undefended Places Forbidden
a. Treaty Provision. The attack or bombardment, by whatever means, of towns, villages, dwellings,
or buildings which are undefended is prohibited. (HR, art. 25.)
b. Interpretation. An undefended place, within the meaning of Article 25, HR, is any inhabited place
near or in a zone where opposing armed forces are in contact which is open for occupation by an adverse
party without resistance. In order to be considered as undefended, the following conditions should be
fulfilled:
(1) Armed forces and all other combatants, as well as mobile weapons and mobile military
equipment, must have been evacuated, or otherwise neutralized;
(2) no hostile use shall be made of fixed military installations or establishments;
(3) no acts of warfare shall be committed by the authorities or by the population; and,
(4) no activities in support of military operations shall be undertaken.
The presence, in the place, of medical units, wounded and sick, and police forces retained for the sole
purpose of maintaining law and order does not change the character of such an undefended place.
40. Permissible Objects of Attack or Bombardment

a. Attacks Against the Civilian Population as Such Prohibited. Customary international law
prohibits the launching of attacks (including bombardment) against either the civilian population as such
or individual civilians as such.
b. Defended Places. Defended places, which are outside the scope of the proscription of Article 25,
HR, are permissible objects of attack (including bombardment). In this context, defended places
include
(1) A fort or fortified place.
(2) A place that is occupied by a combatant military force or through which such a force is passing.
The occupation of a place by medical units alone, however, is not sufficient to render it a permissible
object of attack.
(3) A city or town surrounded by detached defense positions, if under the circumstances the city or
town can be considered jointly with such defense positions as an indivisible whole.
c. Military Objectives. Military objectives i.e., combatants, and those objects which by their
nature, location, purpose, or use make an effective contribution to military action and whose total or
partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite
military advantageare permissible objects of attack (including bombardment). Military objectives
include, for example, factories producing munitions and military supplies, military camps, warehouses
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Appendix A - iv
storing munitions and military supplies, ports and railroads being used for the transportation of military
supplies, and other places that are for the accommodation of troops or the support of military operations.
Pursuant to the provisions of Article 25, HR, however, cities, towns, villages, dwellings, or buildings
which may be classified as military objectives, but which are undefended (para. 39 b), are not permissible
objects of attack.
41. Unnecessary Killing and Devastation

Particularly in the circumstances referred to in the preceding paragraph, loss of life and damage to
property incidental to attacks must not be excessive in relation to the concrete and direct military
advantage expected to be gained. Those who plan or decide upon an attack, therefore, must take all
reasonable steps to ensure not only that the objectives are identified as military objectives or defended
places within the meaning of the preceding paragraph but also that these objectives may be attacked
without probable losses in lives and damage to property disproportionate to the military advantage
anticipated. Moreover, once a fort or defended locality has surrendered, only such further damage is
permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of
military buildings, and destruction of military stores (HR, art. 23, par. (g); GC, art. 53). By Order of the
Secretary of the Army:
FRED C. WEYAND
General, United States Army
Official: Chief of Staff
PAUL T. SMITH Major General, United States Army

The Adjutant General
Distribution:
Active Army, ARNG, USAR: To be distributed in accordance with DA Form 1211B,
requirements for the Law of Land Warfare.
FM 27-10
Appendix A - v
FOREWORD
A list of the treaties relating to the conduct of land warfare which have been ratified by the United
States, with the abbreviated titles used in this Manual, is set forth on page iii. The official English texts or
a translation of the principal treaty provisions are quoted verbatim in bold type in the relevant paragraphs
throughout the Manual. It should be noted, however, that the official text of the Hague Conventions of 18
October 1907 is the French text which must be accepted as controlling in the event of a dispute as to the
meaning of any provision of these particular conventions. (See TM 27-251.)
The 1949 Geneva Conventions for the Protection of War Victims have been ratified by the United
States and came into force for this country on 2 February 1956. The effect of these four conventions upon
previous treaties to which the United States is a party is discussed in detail in paragraph 5 of the text.
Each of the Hague Conventions of 1899 and 1907 and each of the Geneva Conventions of 1864, 1906,
and 1929 will, of course, continue in force as between the United States and such of the other parties to
the respective conventions as have not yet ratified or adhered to the later, superseding convention(s)
governing the same subject matter. Moreover, even though States may not be parties to, or strictly bound
by, the 1907 Hague Conventions and the 1929 Geneva Convention relative to the Treatment of Prisoners
of War, the general principles of these conventions have been held declaratory of the customary law of
war to which all States are subject. For this reason, the United States has adopted the policy of observing
and enforcing the terms of these conventions in so far as they have not been superseded by the 1949
Geneva Conventions which necessarily govern the relations between the parties to the latter (see paras. 6
and 7 of the text).
The essential provisions of each of the earlier conventions mentioned above have been substantially
incorporated into the more recent and more comprehensive conventions on the same subject matter, so
that observance of the latter will usually include observance of the former. For this reason, only the more
recent 1949 Geneva Conventions and the relevant provisions of the 1907 Hague Conventions are quoted
in this Manual. Pertinent information concerning the current status of ratifications, adherences,
reservations, and denunciations (withdrawals) will be transmitted by higher authority to commanders in
the field, as occasions, arise, thus rendering unnecessary the inclusion of such data in this Manual, and
avoiding the frequent changes that such inclusion would entail. Whenever possible, this Manual should be
used in conjunction with TM 27-251, Treaties Governing Land Warfare. FM 27-5, Civil Affairs/Military
Government, which deals with military government policy and administration, should be consulted in
connection with chapter 6 of the present Manual.
FM 27-10
Appendix A - vi
ABBREVIATIONS
GWS Geneva Convention for the Amelioration of the Condition of

the Wounded and Sick in Armed Forces in the Field, 12
August 1949.
GWS Sea Geneva Convention for the Amelioration of the Condition of
the Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea, 12 August 1949.
GPW Geneva Convention Relative to the Treatment of Prisoners of
War, 12 August 1949.
GC Geneva Convention Relative to the Protection of Civilian
Persons in Time of War, 12 August 1949.
GPW 1929 Geneva Convention Relative to the Treatment of Prisoners of
War, 27 July 1929. +
GWS 1929 Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick of Armies in the Field, 27 July 1929.
H. III Hague Convention No. III Relative to the Opening of
Hostilities, 18 October 1907.
H. IV Hague Convention No. IV Respecting the Laws and Customs
of War on Land, 18 October 1907.
HR Annex to Hague Convention No. IV, 18 October 1907,
embodying the Regulations Respecting the Laws and
Customs of War on Land.
H. V Hague Convention No. V Respecting the Rights and Duties of
Neutral Powers and Persons in Case of War on Land, 18
October 1907.
H. IX Hague Convention No. IX concerning Bombardment by
Naval Forces in Time of War, 18 October 1907.
H. X Hague Convention No. X for the Adaptation to Maritime
Warfare of the Principles of the Geneva Convention, 18
October 1907.
Roerich Pact Treaty on the Protection of Artistic and Scientific Institutions
and Historic Monuments, 15 April 1935.
UCMJ Uniform Code of Military Justice (64 Stat. 108; 50 U.S. C.
551-736).
FM 27-10
Appendix A - vii
*FM 27-10
FIELD MANUAL DEPARTMENT OF THE ARMY

NO. 27-10 WASHINGTON 25, D. C., 18 July 1956
THE LAW OF LAND WARFARE
Paragraphs
CHAPTER 1. BASIC RULES AND PRINCIPLES
Section I. General................................................................................................................. 1-14
II. Protecting Powers .............................................................................................. 15-19
CHAPTER 2. HOSTILITIES
Section I. Commencement of hostilities............................................................................. 20-27
II. Forbidden conduct with respect to persons-- ..................................................... 28-32
III. Forbidden means of waging warfare.................................................................. 33-38
IV. Bombardments, assaults, and sieges .................................................................. 39-47
V. Stratagems.......................................................................................................... 48-55
VI. Treatment of property during combat ................................................................ 56-59
CHAPTER 3. PRISONERS OF WAR

Section I. Persons entitled to be treated as prisoners of war;
retained medical personnel .......................................................................... 60-71
II. Persons not entitled to be treated as prisoners of war ........................................ 72-83
III. General protection of prisoners of war .............................................................. 84-92
IV. Beginning of captivity........................................................................................ 93-96
V. Internment of prisoners generally .................................................................... 97-100
VI. Quarters, food, and clothing........................................................................... 101-105
VII. Hygiene and medical attention....................................................................... 106-109
VIII. Religious, intellectual, and physical activities-.............................................. 110-114
IX. Discipline ....................................................................................................... 115-118
X. Rank of prisoners of war................................................................................ 119-121
XI. Transfer of prisoners of war........................................................................... 122-124
XII. Labor of prisoners of war............................................................................... 125-133
XIII. Financial resources of prisoners of war ......................................................... 134-144
XIV. Relations of prisoners of war with the exterior.............................................. 145-153
XV. Relations of prisoners of war and the authorities........................................... 154-157
XVI. Penal and disciplinary sanctions .................................................................... 158-184
XVII. Termination of captivity ................................................................................ 185-202
XVIII. Information bureaus and relief societies for prisoners of war........................ 203-207
CHAPTER 4. THE WOUNDED AND SICK

Section I. General provisions ......................................................................................... 208-214
II. Wounded and sick.......................................................................................... 215-219
III. Medical units, establishments, personnel and transfers ................................. 220-237
IV. The Red Cross emblem 238-245
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Appendix A - viii
CHAPTER 5. CIVILIAN PERSONS
Section I. General provisions ......................................................................................... 246-251
II. General protection of populations against certain
consequences of war................................................................................ 252-265
III. Provisions common to the territories of the parties to the
conflict and to occupied territories .......................................................... 266-273
IV. Aliens in the territory of a party to the conflict.............................................. 274-285
V. Regulations for the treatment of internees-.................................................... 286-342
VI. Information bureaus, central agency, and relief societies .............................. 343-350
CHAPTER 6. OCCUPATION
Section I. General........................................................................................................... 351-361
II. Administration of occupied territory.............................................................. 362-378
III. Rights of the population of occupied territory-.............................................. 379-387
IV. Relief.............................................................................................................. 388-392
V. Treatment of enemy property......................................................................... 393-417
VI. Services of inhabitants and of officials .......................................................... 418-424
VII. Public finance................................................................................................. 425-431
VIII. Security of the occupant: penal legislation and procedure............................. 432-448
CHAPTER 7. NONHOSTILE RELATIONS OF BELLIGERENTS

II. Military passports, safe-conducts, and safe-guards........................................ 454-457
III. Parlementaires................................................................................................ 458-468
IV. Cartels ................................................................................................................... 469
V. Capitulations .................................................................................................. 470-478
VI. Armistices ...................................................................................................... 479-494
CHAPTER 8. REMEDIES FOR VIOLATION OF INTERNATIONAL LAW;

WAR CRIMES
Section I. Remedies and reprisals .................................................................................. 495-497
II. Crimes under International law...................................................................... 498-504
III. Punishment of war crimes.............................................................................. 503-508
IV. Defenses not available .................................................................................. 509.-511
CHAPTER 9. NEUTRALITY
II. Recruiting in neutral territory ........................................................................ 522-524
III. Supplies and services from neutral territory .................................................. 525-531
IV. Internment of belligerent forces and tending of wounded
and sick in neutral territory,- ................................................................... 532-546
V. Neutral persons .............................................................................................. 647-551
VI. Railway material ................................................................................................... 552
APPENDIX: INDEX OF ARTICLES OF THE 1949 GENEVA CONVENTIONS AND THE 1907
HAGUE CONVENTIONS
INDEX
FM 27-10
Appendix A - ix
CHAPTER 1 power in the interests mentioned in paragraph 2
and requires that belligerents refrain from
employing any kind or degree of violence which
BASIC RULES AND is not actually necessary for military purposes
and that they conduct hostilities with regard for
PRINCIPLES the principles of humanity and chivalry.
The prohibitory effect of the law of war is
not minimized by military necessity which has
Section I. GENERAL been defined as that principle which justifies
those measures not forbidden by international
law which are indispensable for securing the
1. Purpose and Scope complete submission of the enemy as soon as
possible. Military necessity has been generally
The purpose of this Manual is to provide rejected as a defense for acts forbidden by the
authoritative guidance to military personnel on customary and conventional laws of war
the customary and treaty law applicable to the inasmuch as the latter have been developed and
conduct of warfare on land and to relationships framed with consideration for the concept of
between belligerents and neutral States. military necessity.
Although certain of the legal principles set forth b. Binding on States and Individuals. The
herein have application to warfare at sea and in law of war is binding not only upon States as
the air as well as to hostilities on land, this such but also upon individuals and, in particular,
Manual otherwise concerns itself with the rules the members of their armed forces.
peculiar to naval and aerial warfare only to the
extent that such rules have some direct bearing 4. Sources
on the activities of land forces.
This Manual is an official publication of the The law of war is derived from two principal
United States Army. However, those provisions sources:
of the Manual which are neither statutes nor the a. Lawmaking Treaties (or Conventions),
text of treaties to which the United States is a such as the Hague and Geneva Conventions.
party should not be considered binding upon b. Custom. Although some of the law of
courts and tribunals applying the law of war. war has not been incorporated in any treaty or
However, such provisions are of evidentiary convention to which the United States is a party,
value insofar as they bear upon questions of this body of unwritten or customary law is
custom and practice. firmly established by the custom of nations and
well defined by recognized authorities on
2. Purposes of the Law of War international law.
Lawmaking treaties may be compared with
The conduct of armed hostilities on land is legislative enactments in the national law of the
regulated by the law of land warfare which is United States and the customary law of war with
both written and unwritten. It is inspired by the the unwritten Anglo-American common law.
desire to diminish the evils of war by:
a. Protecting both combatants and 5. Lawmaking Treaties
noncombatants from unnecessary suffering;
b. Safeguarding certain fundamental a. Treaties to Which the United States Is a
human rights of persons who fall into the hands Party. The United States is a party to the
of the enemy, particularly prisoners of war, the following conventions pertinent to warfare on
wounded and sick, and civilians; and land:
c. Facilitating the restoration of peace. (1) Hague Convention No. III of 18
October 1907, Relative to the
3. Basic Principles Opening of Hostilities (36 Stat
2259, Treaty Series 598), cited
a. Prohibitory Effect. The law of war herein as H. III.
places limits on the exercise of a belligerents
FM 27-10
Appendix A - 1
(2) Hague Convention No. IV of 18 (9) Geneva Convention for the
October 1907, Respecting the Amelioration of the Condition of
Laws and Customs of War on the Wounded and Sick in Armed
Land (36 Stat. 2277;Treaty Series Forces in the Field of 12 August
539), cited herein as H. IV, and 1949 (T. I. A. S.23362), cited
the Annex thereto, embodying the herein as GWS.
Regulations Respecting the Laws (10) Geneva Convention for the
and Customs of War on Land (36 Amelioration of the Condition of
Stat.1 2295; Treaty Series 539), Wounded, Sick and Shipwrecked
cited herein as HR. Members of Armed Forces at Sea
(3) Hague Convention No. V of 18 of 12 August 1949 (T. I. A. S.
October 1907, Respecting the 3363), cited herein as GWS Sea.
Rights and Duties of Neutral (11) Geneva Convention Relative to
Powers and Persons in Case of the Treatment of Prisoners of
War on Land (36 Stat. 2310; War of 12 August 1949 (T. I. A. S.
Treaty Series 540), cited herein as 3364), cited herein as GPW.
H. V. (12) Geneva Convention Relative to
(4) Hague Convention No. IX of 18 the Protection of Civilian Persons
October 1907, Concerning in Time of War of 12 August 1949
Bombardment by Naval Forces in (T. I. A. S. 3365), cited herein as
Time of War (36 Stat. 2351; Treaty GC.
Series 542), cited herein as H. IX. b. Effect of the Geneva Convention of
(5) Hague Convention No. X of 18 1949. GWS replaces the previous Geneva
October 1907, for the Adaptation Wounded and Sick Conventions of 22 August
to Maritime Warfare of the 1864, 6 July 1906, and 27 July 1929 in relations
Principles of the Geneva between parties to GWS (see GWS, art. 59).
Convention (36 Stat. 2371; Treaty GWS Sea replaces Hague Convention No. X of
Series No. 543), cited herein as H. 18 October 1907, for the Adaptation to Maritime
X. Warfare of the Principles of the Geneva
(6) Geneva Convention Relative to Convention of 1906 in relations between parties
the Treatment of Prisoners of to GWS Sea (see GWS Sea, art. 58). GPW
War of 27 July 1929 (47 Stat. replaces GPW 1929 in relations between parties
2021; Treaty Series 846), cited to GPW (see GPW, art 134) ; in relations
herein as GPW 1929. between parties to H. IV and the corresponding
(7) Geneva Convention for the convention of 1899 and which are also parties to
Amelioration of the Condition of GPW, it is complementary to Chapter II of the
the Wounded and Sick of Armies HR (see GPW, art. 135). GC, in relations
in the Field of 27 July 1929 (47 between parties to H. IV and the corresponding
Stat. 2074; Treaty Series 847), convention of 1899, is supplementary to
cited herein as GWS 1929. Sections II and III of the HR (see GC, art. 154).
(8) Treaty on the Protection of
Artistic and Scientific Institutions 6. Custom
and Historic Monuments of 15 Evidence of the customary law of war,
April 1985 (49 Stat.3267; Treaty arising from the general consent of States, may
Series 899), cited herein as the be found in judicial decisions, the writings of
Roerich Pact. Only the United
jurists, diplomatic correspondence, and other
States and a number of the documentary material concerning the practice of
American Republics are parties to
States. Even though individual States may not be
this treaty.
1 2
United States Statutes at Large. Treaties and Other International Acts Series.
FM 27-10
Appendix A - 2
parties to or otherwise strictly bound by H. IV they may be said also to represent modern
and GPW 1929, the former convention and the international public opinion as to how
general principles of the latter have been held to belligerents and neutrals should conduct
be declaratory of the customary law of war, to themselves in the particulars indicated.
which all States are subject. For these reasons, the treaty provisions
The Preamble to the HR specifically quoted herein will be strictly observed and
provides: enforced by United States forces without regard
Until a more complete code of the laws of to whether they are legally binding upon this
war has been issued, the High Contracting country. Military commanders will be instructed
Parties deem it expedient to declare that, in which, if any, of the written rules herein quoted
cases not included in the Regulations adopted are not legally binding as between the United
by them, the inhabitants and the belligerents States and each of the States immediately
remain under the protection and the rule of concerned, and which, if any, for that reason are
the principles of the law of nations, as they not for the time being to be observed or
result from the usages established among enforced.
civilized peoples, from the laws of humanity, b. Force of Treaties Under the
and the dictates of the public conscience. Constitution. Under the Constitution of the
Similarly, a common article of the Geneva United States, treaties constitute part of the
Conventions of 1949 (GWS, art. 63; GWS Sea, supreme Law of the Land (art. VI, clause 2).
art. 62; GPW, art. 142; GC, art. 158) provides In consequence, treaties relating to the law of
that the denunciation of (withdrawal from) any war have a force equal to that of laws enacted by
of the Geneva Conventions of 1949, * * * shall the Congress. Their provisions must be observed
in no way impair the obligations which the by both military and civilian personnel with the
Parties to the conflict shall remain bound to same strict regard for both the letter and spirit of
fulfil by virtue of the principles of the law of the law which is required with respect to the
nations, as they result from the usages Constitution and statutes enacted in pursuance
established among civilized peoples, from the thereof.
laws of humanity and the dictates of the c. Force of Customary Law. The unwritten
public conscience. or customary law of war is binding upon all
nations. It will be strictly observed by United
7. Force of the Law of War States forces, subject only to such exceptions as
a. Technical Force of Treaties and shall have been directed by competent authority
Position of the United States. Technically, each by way of legitimate reprisals for illegal conduct
of the lawmaking treaties regarding the conduct of the enemy (see par. 497). The customary law
of warfare is, to the extent established by its of war is part of the law of the United States
terms, binding only between the States that have and, insofar as it is not inconsistent with any
ratified or acceded to, and have not thereafter treaty to which this country is a party or with a
denounced (withdrawn from), the treaty or controlling executive or legislative act, is
convention and is binding only to the extent binding upon the United States, citizens of the
permitted by the reservations, if any, that have United States, and other persons serving this
accompanied such ratification or accession on country.
either side. The treaty provisions quoted in this
manual in bold-face type are contained in 8. Situations to Which Law of War
treaties which have been ratified without Applicable
reservation, except as otherwise noted, by the a. Types of Hostilities. War may be defined
United States. as a legal condition of armed hostility between
These treaty provisions are in large part but States. While it is usually accompanied by the
formal and specific applications of general commission of acts of violence, a state of war
principles of the unwritten law. While solemnly may exist prior to or subsequent to the use of
obligatory only as between the parties thereto, force. The outbreak of war is usually
FM 27-10
Appendix A - 3
accompanied by a declaration of war (see par. 9. Applicability of Law of Land
20). Warfare in Absence of a
Instances of armed conflict without Declamation of War
declaration of war may include, but are not
As the customary law of war applies to cases
necessarily limited to, the exercise of armed
of international armed conflict and to the
force pursuant to a recommendation, decision, or
forcible occupation of enemy territory generally
call by the United Nations, in the exercise of the
as well as to declared war in its strict sense, a
inherent right of individual or collective self-
declaration of war is not an essential condition
defense against armed attack, or in the
of the application of this body of law. Similarly,
performance of enforcement measures through a
treaties relating to war may become operative
regional arrangement, or otherwise, in
notwithstanding the absence of a formal
conformity with appropriate provisions of the
declaration of war.
United Nations Charter.
b. Customary Law. The customary law of
war applies to all cases of declared war or any
10. When Law of Land Warfare
other armed conflict which may arise between Ceases To Be Applicable
the United States and other nations, even if the The law of land warfare generally ceases to
state of war is not recognized by one of them. be applicable upon:
The customary law is also applicable to all cases a. The termination of a war by agreement,
of occupation of foreign territory by the exercise normally in the form of a treaty of peace; or
of armed force, even if the occupation meets b. The termination of a war by unilateral
with no armed resistance. declaration of one of the parties, provided the
c. Treaties. Treaties governing land other party does not continue hostilities or other-
warfare are applicable to various forms of war wise decline to recognize the act of its enemy; or
and armed conflict as provided by their terms. c. The complete subjugation of an enemy
The Hague Conventions apply to war. State and its allies, if prior to a or b; or
Common Article 2 of the Geneva Conventions d. The termination of a declared war or
of 1949 states: armed conflict by simple cessation of hostilities.
In addition to the provisions which shall However, certain designated provisions of the
be implemented in peacetime, the present Geneva Conventions of 1949 (see GC, art. 6;
Convention shall apply to all cases of par 249 herein) continue to be operative, not
declared war or of any other armed conflict withstanding the termination of any antecedent
which may arise between two or more of the hostilities, during the continuance of a military
High Contracting Parties, even if the state of occupation. Insofar as the unwritten law of war
war is not recognized by one of them. and the Hague Regulations extend certain
The Convention shall also apply to all fundamental safeguards to the persons and
cases of partial or total occupation of the property of the populations of occupied territory,
territory of a High Contracting Party, even if their protection continues until the termination
the said occupation meets with no armed of any occupation having its origin in the
resistance. military supremacy of the occupant, not
Although one of the Powers in conflict withstanding the fact the Geneva Convention
may not be a party to the present Convention, relative to the Protection of Civilian Persons
the Powers who are parties thereto shall may have ceased to be applicable.
remain bound by it in their mutual relations.
They shall further-more be bound by the 11. Civil War
Convention in relation to the said Power, if
a. Customary Law. The customary law of
the latter accepts and applies the provisions
war becomes applicable to civil war upon
thereof. (GWS, GWS Sea, GPW, GC, art. 2.)
recognition of the rebels as belligerents.
d. Special Case of Civil Wars. See
b. Geneva Conventions of 1949.
paragraph 11.
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In the case of armed conflict not of an may be established and maintained for the
international character occurring in the government of areas of the following types that
territory of one of the High Contracting have been subjected to military occupation:
Parties, each Party to the conflict shall be a. Enemy territory.
bound to apply, as a minimum, the following b. Allied territory recovered from enemy
provisions: occupation, when that territory has not been
(1) Persons taking no active part in made the subject of a civil affairs agreement (see
the hostilities, including members of armed par. 354).
forces who have laid down their arms and c. Other territory liberated from the
those placed hors de combat by sickness, enemy, such as neutral territory and areas
wounds, detention, or any other cause, shall unlawfully incorporated by the enemy into its
in all circumstances be treated humanely, own territory, when that territory has not been
without any adverse distinction founded on made the subject of a civil affairs agreement.
race, color, religion or faith, sex, birth or d. Domestic territory recovered from
wealth, or any other similar criteria. To this rebels treated as belligerents.
end, the following acts are and shall remain Although military government is an
prohibited at any time and in any place accepted concept in the law of the United States,
whatsoever with respect to the above- the limits placed upon its exercise are prescribed
mentioned persons: by the international law of belligerent
(a) violence to life and person, in occupation. Other countries exercise jurisdiction
particular murder of all kinds, mutilation, in occupied areas through types of
cruel treatment and torture; administration analogous to military government
(b) taking of hostages; even though they may be designated by other
(c) outrages upon personal names.
dignity, in particular, humiliating and In the United States, martial law is the
degrading treatment; temporary government of the civil population of
(d) the passing of sentences and domestic territory through the military forces,
the carrying out of executions without without the authority of written law, as necessity
previous judgment pronounced by a may require. The most prominent distinction
regularly constituted court, affording all the between military government, as that term is
judicial guarantees which are recognized as used herein, and martial law is that the former is
indispensable by civilized peoples. generally exercised in the territory of, or
(2) The wounded and sick shall be territory formerly occupied by, a hostile
collected and cared for. belligerent and is subject to restraints imposed
An impartial humanitarian body, such as by the inter-national law of belligerent
the International Committee of the Red occupation, while the latter is invoked only in
Cross, may offer its services to the Parties to domestic territory, the local government and
the conflict. inhabitants of which are not treated or
The Parties to the conflict should further recognized as belligerents, and is governed
endeavour to bring into force, by means of solely by the domestic law of the United States.
special agreements, all or part of the other So far as the United States forces are
provisions of the present Convention. The concerned, military government and martial law
application of the preceding provisions shall are exercised by the military commander under
not affect the legal status of the Parties to the the direction of the President, as Commander in
conflict. (GWS,GPW,GWS, Sea, GC, art. 3.) Chief of the Armed Forces.
12. Military Government and Martial 13. Military Jurisdiction

Law Distinguished Military jurisdiction is of two kinds: first,
In the practice of the United States, military that which is conferred by that branch of a
government is the form of administration which countrys municipal law which regulates its
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military establishment; second, that which is instruction, so that the principles thereof may
derived from international law, including the law become known to the entire population, in
of war. In the Army of the United States, particular to the armed fighting forces, the
military jurisdiction is exercised through the medical personnel and the chaplains. (GWS,
following military tribunals: art. 47, GWS Sea, art. 48.)
a. Courts-martial. b. Prisoners of War Convention.
b. Military commissions. The High Contracting Parties undertake,
c. Provost courts. in time of peace as in time of war, to
d. Other military tribunals. disseminate the text of the present
While general courts-martial have Convention as widely as possible in their
concurrent jurisdiction with military respective countries, and, in particular, to
commissions, provost courts, and other types of include the study thereof in their
military tribunals to try any offender who by the programmed of military and, if possible, civil
law of war is subject to trial by military tribunals instruction, so that the principles thereof may
(UCMJ, art. 18), it has generally been held that become known to all their armed forces and
military commissions and similar tribunals have to the entire population. Any military or
no jurisdiction of such purely military offenses other authorities, who in time of war assume
specified in the Uniform Code of Military responsibilities in respect of prisoners of war,
Justice as are expressly made punishable by must possess the text of the Convention and
sentence of court-martial (except where the be specially instructed as to its provisions.
military commission is also given ex-press (GPW, art. 127.)
statutory authority over the offense (UCMJ, arts. c. Civilians Convention.
104, 106)). In practice, offenders who are not The High Contracting Parties undertake,
subject to the Uniform Code of Military Justice in time of peace as in time of war, to
but who by the law of war are subject to trial by disseminate the text of the present
military tribunals, are tried by military Convention as widely as possible in their
commissions, provost courts, or other forms of respective countries and, in particular, to
military tribunals. include the study thereof in their
In areas occupied by United States forces, programmed of military and, if possible, civil
military jurisdiction over individuals, other than instruction, so that the principles thereof may
members of the Armed Forces, who are charged become known to the entire population. Any
with violating legislation or orders of the civilian, military, police or other authorities,
occupant is usually exercised by military who in time of war assume responsibilities in
government courts. Although sometimes respect of-protected persons, must possess the
designated by other names, these tribunals are text of the Convention and be specially
actually military commissions. They sit in and instructed as to its provisions. (GC, art. 144.)
for the occupied area and thus exercise their
jurisdiction on a territorial basis. Section II. PROTECTING
POWERS
14. Dissemination of the 1949
Geneva Conventions
a. Wounded and Sick Convention; 15. Protecting Powers
Wounded and Sick at Sea Convention. The Geneva Conventions of 1949 contain
The High Contracting Parties undertake, certain common provisions regarding the
in time of peace as in time of war, to safeguarding of the interests of the belligerents
disseminate the text of the present by nations designated as Protecting Powers.
Convention as widely as possible in their These provisions are set forth in the following
respective countries, and, in particular, to paragraphs.
include the study thereof in their
programmed of military and, if possible, civil
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16. Functions of Protecting Powers 18. Substitutes for Protecting
a. Treaty Provision. Powers
The present Convention shall be applied The High Contracting Parties may at any
with the cooperation and under the scrutiny time agree to entrust to an organization
of the Protecting Powers whose duty it is to which offers all guarantees of impartiality
safeguard the interests of the Parties to the and efficacy the duties incumbent on the
conflict. For this purpose, the Protecting Protecting Powers by virtue of the present
Powers may appoint, apart from their Convention.
diplomatic or consular staff, delegates from When * * * [persons protected by the
amongst their own nationals or the nationals convention] do not benefit or cease to benefit,
of other neutral Powers. The said delegates no matter for what reason, by the activities of
shall be subject to the approval of the Power a Protecting Power or of an organization
with which they are to carry out their duties. provided for in the first paragraph above, the
The Parties to the conflict shall facilitate Detaining Power shall request a neutral State,
to the greatest extent possible, the task of the or such, an organization, to undertake the
representatives or delegates of the Protecting functions performed under the present
Powers. Convention by a Protecting Power designated
The representatives or delegates of the by the Parties to a conflict.
Protecting Powers shall not in any case If protection cannot be arranged
exceed their mission under the present accordingly, the Detaining Power shall
Convention. They shall, in particular, take request or shall accept, subject to the
account of the imperative necessities of provisions of this Article, the offer of the
security of the State wherein they carry out services of a humanitarian organization, such
their duties. (GWS, art. 8; GWS Sea, art. 8; as the International Committee of the Red
GPW, art 8; GC, art. 9.) Cross, to assume the humanitarian functions
b. Article 8, GWS and GWS Sea, contains performed by Protecting Powers under the
the following additional provision: present Convention.
Their activities shall only be restricted as Any neutral Power, or any organization
an exceptional and temporary measure when invited by the Power concerned or offering
this is rendered necessary by imperative itself for these purposes, shall be required to
military neccessities. act with a sense of responsibility towards the
Except as specifically provided otherwise by Party to the conflict on which persons
GPW and GC, the activities of representatives or protected by the present Convention depend,
delegates of the Protecting Powers under these and shall be required to furnish sufficient
conventions may not be restricted even in case assurances that it is in a position to undertake
of imperative military necessity. the appropriate functions and to discharge
them impartially.
17. Activities of the International No derogation from the preceding
Committee of the Red Cross provisions shall be made by special
The provisions of the present Convention agreements between Powers one of which is
[s] constitute no obstacle to the humanitarian restricted, even temporarily, in its freedom to
activities which the International Committee negotiate with the other Power or its allies by
of the Red Cross or any other impartial reason of military events, more particularly
humanitarian organization may, subject to where the whole, or a substantial part, of the
the consent of the Parties to the conflict territory of the said Power is occupied.
concerned, undertake for the protection of Whenever, in the present Convention,
[persons protected by the convention] and for mention is made of a Protecting Power, such
their relief. (GWS art. 9; GWS Sea, art. 9; mention also applies to substitute
GPW, art. 9; GC, art. 10.) organizations in the sense of the present
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Article. (GWS, art. 10;GWS Sea, art. 10; GPW,
art. 10; GC, art. 11.)
19. Conciliation Procedure

In cases where they deem it advisable in
the interest of protected persons, particularly
in cases of disagreement between Parties to
the conflict as to the application or
interpretation of the provisions of the present
Convention, the Protecting Powers shall lend
their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting
Powers may, either at the invitation of one
Party or on its own initiative, propose to the
Parties to the conflict a meeting of their
representatives, in particular of the
authorities responsible for * * * [persons
protected by the convention] possibly on
neutral territory suitably chosen. The Parties
to the conflict shall be bound to give effect to
the proposals made to them for this purpose.
The Protecting Powers may, if necessary,
propose for approval by the Parties to the
conflict, a person belonging to a neutral
Power or delegated by the International
Committee of the Red Cross, who shall be
invited to take part in such a meeting. (GWS,
art.11; GWS Sea, art. 11; GPW, art. 11; GC,
art. 12.)
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CHAPTER 2 23. Present Effect of Foregoing
Rules
The Charter of the United Nations makes
HOSTILITIES illegal the threat or use of force contrary to the
purpose of the United Nations. It requires
members of the organization to bring about by
peaceful means adjustment or settlement of
Section I. COMMENCEMENT OF international disputes or situations which might
HOSTILITIES lead to a breach of the peace. However, a
nonmember nation or a member nation which
violates these provisions of the Charter commits
20. Declaration of War Required a further breach of international law by
a. Treaty Provision. commencing hostilities without a declaration of
The Contracting Powers recognize that war or a conditional ultimatum as required by
hostilities between themselves must not the foregoing articles of Hague Convention No.
commence without previous and explicit III. Conversely, a State which resorts to war in
warning, in the form either of a reasoned violation of the Charter will not render its acts of
declaration of war or of an ultimatum with aggression or breach of the peace any the less
conditional declaration of war. (H. III, art. 1.) unlawful by formally declaring war.
b. Surprise Still Possible. Nothing in the
foregoing rule requires that any particular length 24. Constitutional Provision
of time shall elapse between a declaration of war Article 1, section 8, clause 11, of the United
and the commencement of hostilities. States Constitution provides that The Congress
shall have power * * * to declare War. The law
21. Notification to Neutrals of war may, however, be applicable to an
The existence of a state of war must be international conflict, notwithstanding the
notified to the neutral Powers without delay, absence of a declaration by the Congress. (See
and shall not take effect in regard to them paras. 8 and 9, concerning the situations to
until after the receipt of a notification, which which the law of war has application.)
may, however, be given by telegraph. Neutral
Powers, nevertheless, cannot rely on the 25. Enemy Status of Civilians
absence of notification if it is clearly Under the law of the United States, one of
established that they were in fact aware of the the consequences of the existence of a condition
existence of a state of war. (H. III, art. 2.) of war between two States is that every national
of the one State becomes an enemy of every
22. When Articles of Hague national of the other. However, it is a generally
Convention No. III Effective recognized rule of international law that
Between Parties civilians must not be made the object of attack
Article I of the present Convention shall directed exclusively against them.
take effect in case of war between two or
more of the Contracting Powers. 26. Effect on Enemy Aliens
Article II is binding as between a Enemy aliens located or resident in United
belligerent Power which is a party to the States territory are not necessarily made
Convention and neutral Powers which are prisoners or interned en masse on the breaking
also parties to the Convention. (H. III, art. 3.) out of hostilities. Such persons may be allowed
to leave the United States if their departure is
consistent with national interest (GC, art. 35;
par. 274 herein). If the security of the United
States makes it absolutely necessary, enemy
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aliens may be placed in assigned residence or persons are descending by parachute. Persons
internment (GC, art. 42; par. 281 herein). other than those mentioned in the preceding
Measures of control are normally taken with sentence who are descending by parachute from
respect to at least persons known to be active or disabled aircraft may not be fired upon.
reserve members of a hostile army, persons who
would be liable to service in the enemy forces, 31. Assassination and Outlawry
and persons who it is expected would furnish HR provides:
information or other aid to a hostile State. (See It is especially forbidden * * * to kill or
ch. V, sec. IV, concerning the treatment of aliens wound treacherously individuals belonging to
in the territory of a party to the conflict.) the hostile nation or army. (HR, art. 23,par.
(b).)
27. Expulsion This article is construed as prohibiting
In modern practice at the outbreak of assassination, proscription, or outlawry of an
hostilities the expulsion of the citizens or enemy, or putting a price upon an enemys head,
subjects of the enemy is generally decreed from as well as offering a reward for an enemy dead
sea-ports, the area surrounding airbases, airports, or alive. It does not, however, preclude attacks
and fortified places, areas of possible attack, and on individual soldiers or officers of the enemy
the actual or contemplated theaters of operation. whether in the zone of hostilities, occupied
When expulsion is decreed, the persons expelled territory, or else-where.
should be given such reasonable notice,
consistent with public safety, as will enable 32. Nationals Not To Be Compelled
them to arrange for the collection, disposal, and to Take Part in Operations
removal of their goods and property and for the Against Their Own Country
settlement of their personal affairs. Such persons
A belligerent is likewise forbidden to
do not, however, benefit from the provisions of
compel the nationals of the hostile party to
Articles 41 through 45, GC (paras. 280-284).
take part in the operations of war directed
against their own country, even if they were
Section II. FORBIDDEN in the belligerents service before the
CONDUCT WITH RESPECT TO commencement of the war. (HR, art. 23, 2d
PERSONS par.)
Section III. FORBIDDEN MEANS

28. Refusal of Quarter OF WAGING WARFARE
It is especially forbidden * * * to declare
that no quarter will be given. (HR, art. 23,
par. (d).) 33. Means of Injuring the Enemy
Limited
29. Injury Forbidden After Surrender a. Treaty Provision.
It is especially forbidden * * * to kill or The right of belligerents to adopt means
wound an enemy who, having laid down his of injuring the enemy is not unlimited. (HR,
arms, or having no longer means of defense, art. 22.)
has surrendered at discretion. (HR, art. 23, b. The means employed are definitely
par. (c).) restricted by international declarations and
conventions and by the laws and usages of war.
30. Persons Descending by
Parachute 34. Employment of Arms Causing
The law of war does not prohibit firing upon Unnecessary Injury
paratroops or other persons who are or appear to a. Treaty Provision.
be bound upon hostile missions while such
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It is especially forbidden * * * to employ 38. Gases, Chemicals, and
arms, projectiles, or material calculated to Bacteriological Warfare
cause unnecessary suffering. (HR, art. 23, par. The United States is not a party to any
(e).) treaty, now in force, that prohibits or restricts the
b. Interpretation. What weapons cause use in warfare of toxic or nontoxic gases, of
unnecessary injury can only be determined in smoke or incendiary materials, or of
light of the practice of States in refraining from bacteriological warfare. A treaty signed at
the use of a given weapon because it is believed Washington, 6 February 1922, on behalf of the
to have that effect. The prohibition certainly United States, the British Empire, France, Italy,
does not extend to the use of ex-plosives and Japan (3 Malloy, Treaties 3116) contains a
contained in artillery projectiles, mines, rockets, provision (art. V) prohibiting The use in war of
or hand grenades. Usage has, however, asphyxiating, poisonous or other gases, and all
established the illegality of the use of lances analogous liquids, materials, or devices, but
with barbed heads, irregular-shaped bullets, and that treaty was expressly conditioned to become
projectiles filled with glass, the use of any effective only upon ratification by all of the
substance on bullets that would tend signatory powers, and, not having been ratified
unnecessarily to inflame a wound inflicted by by all of the signatories, has never become
them, and the scoring of the surface or the filing effective. The Geneva Protocol for the
off of the ends of the hard cases of bullets. prohibition of the use in war of asphyxiating,
poisonous, or other gases, and of bacteriological
35. Atomic Weapons methods of warfare, signed on 17 June 1925,
The use of explosive atomic weapons, on behalf of the United States and many other
whether by air, sea, or land forces, cannot as powers (94 League of Nations Treaty Series 65),
such be regarded as violative of international has been ratified or adhered to by and is now
law in the absence of any customary rule of effective between a considerable number of
international law or international convention States. However, the United States Senate has
restricting their employment. refrained from giving its advice and consent to
the ratification of the Protocol by the United
36. Weapons Employing Fire States, and it is accordingly not binding on this
The use of weapons which employ fire, such country.
as tracer ammunition, flame throwers, napalm
and other incendiary agents, against targets Section IV. BOMBARDMENTS,
requiring their use is not violative of ASSAULTS, AND SIEGES
international law. They should not, however, be
employed in such a way as to cause unnecessary
suffering to individuals. 39. Bombardment of Undefended
Places Forbidden
37. Poison
The attack or bombardment, by whatever
a. Treaty Provision. means, of towns, villages, dwellings, or
It is especially forbidden * * * to employ buildings which are undefended is prohibited.
poison or poisoned weapons. (HR, art. 23, par. (HR, art. 25.)
(a). )
b. Discussion of Rule. The foregoing rule 40. Defended Place Defined
does not prohibit measures being taken to dry up
springs, to divert rivers and aqueducts from their Investment, bombardment, assault, and siege
courses, or to destroy, through chemical or have always been recognized as legitimate
bacterial agents harmless to man, crops intended means of land warfare. Defended places in the
solely for consumption by the armed forces (if sense of Article 25, HR, include:
that fact can be determined). a. A fort or fortified place.
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b. A city or town surrounded by detached c. When Warning is To Be Given. Even
defense positions, which is considered jointly when belligerents are not subject to the above
with such defense positions as an indivisible treaty, the commanders of United States ground
whole. forces will, when the situation permits, inform
c. A place which is occupied by a the enemy of their intention to bombard a place,
combatant military force or through which such so that the noncombatants, especially the women
a force is passing. The occupation of such a and children, may be removed before the
place by medical units alone is not sufficient to bombardment commences.
make it a defended place.
Factories producing munitions and military 44. Treatment of Inhabitants of
supplies, military camps, warehouses storing Invested Area
munitions and military supplies, ports and a. General Population. The commander of
railroads being used for the transportation of the investing force has the right to forbid all
military supplies, and other places devoted to the communications and access between the
support of military operations or the besieged place and the outside. However, Article
accommodation of troops may also be attacked 17, GC (par. 256), requires that belligerents
and bombarded even though they are not endeavor to conclude local agreements for the
defended. removal from besieged or encircled areas of
wounded, sick, infirm, and aged persons,
41. Unnecessary Killing and children and maternity cases, and for the passage
Devastation of ministers of all religions, medical personnel
Particularly in the circumstances referred to and medical equipment on their way to such
in the preceding paragraph, loss of life and areas. Provision is also made in Article 23 of the
damage to property must not be out of pro- same Convention (par. 262) for the passage of
portion to the military advantage to be gained. consignments of medical and hospital stores and
Once a fort or defended locality has surrendered, objects necessary for the religious worship of
only such further damage is permitted as is civilians and of essential foodstuffs, clothing,
demanded by the exigencies of war, such as the and tonics intended for children under 15,
removal of fortifications, demolition of military expectant mothers, and maternity cases.
buildings, and destruction of stores (GC, art. Subject to the foregoing exceptions, there is
147; par. 502 herein). no rule of law which compels the commander of
an investing force to permit noncombatants to
42. Aerial Bombardment leave a besieged locality. It is within the
There is no prohibition of general discretion of the besieging commander whether
application against bombardment from the air of he will permit noncombatants to leave and under
combatant troops, defended places, or other what conditions. Thus, if a commander of a
legitimate military objectives. besieged place expels the noncombatants in
order to lessen the logistical burden he has to
43. Notice of Bombardment bear, it is lawful, though an extreme measure, to
drive them back, so as to hasten the surrender.
a. Treaty Provision.
Persons who attempt to leave or enter a besieged
The officer in command of an attacking place without obtaining the necessary
force must, before commencing a permission are liable to be fired upon, sent back,
bombardment, except in cases of assault, do or detained.
all in his power to warn the authorities. (HR, b. Diplomatic and Consular Personnel.
art. 26.) Diplomatic and consular personnel of a neutral
b. Application of Rule. This rule is
State should not be prevented from leaving a
understood to refer only to bombardments of
besieged place before hostilities commence, but
places where parts of the civil population
this privilege cannot be claimed while hostilities
remain.
are in progress. Should they voluntarily decide
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to remain, they must undergo the same risks as such as quarters, warehouses, observation posts,
other inhabitants. or signal installations.
45. Buildings and Areas To Be 47. Pillage Forbidden

Protected The pillage of a town or place, even when
a. Buildings To Be Spared. taken by assault, is prohibited. (HR, art. 28.)
In sieges and bombardments all necessary
measures must be taken to spare, as far as Section V. STRATAGEMS
possible, buildings dedicated to religion, art,
science, or charitable purposes, historic
monuments, hospitals, and places where the 48. Stratagems Permissible
sick and wounded are collected, provided Ruses of war and the employment of
they are not being used at the time for measures necessary for obtaining information
military purposes. about the enemy and the country are
It is the duty of the besieged to indicate considered permissible. (HR, art. 24.)
the presence of such buildings or places by
distinctive and visible signs, which shall be 49. Good Faith
notified to the enemy beforehand. (HR, art.
27.) (See also GC, arts. 18 and 19; paras. 257 Absolute good faith with the enemy must be
and 258 herein, dealing with the identification observed as a rule of conduct; but this does not
and protection of civilian hospitals.) prevent measures such as using spies and secret
b. Areas To Be Protected. In order to agents, encouraging defection or insurrection
protect buildings used for medical purposes among the enemy civilian population, corrupting
from being accidentally hit, it is desirable that enemy civilians or soldiers by bribes, or
the wounded and sick should, if possible, be inducing the enemys soldiers to desert,
concentrated in an area remote from military surrender, or rebel. In general, a belligerent may
objectives or in an area neutralized by resort to those measures for mystifying or
arrangement with the enemy. See GC, arts. 14, misleading the enemy against which the enemy
18, and 19; paras. 253, 257, and 258 herein, ought to take measures to protect himself.
concerning the establishment of hospital and
safety zones and localities.) 50. Treachery or Perfidy
Ruses of war are legitimate so long as they
46. Such Buildings to Display Sign do not involve treachery or perfidy on the part of
Specified in Naval Treaty the belligerent resorting to them. They are,
however, forbidden if they contravene any
generally accepted rule.
It is the duty of the inhabitants to indicate
The line of demarcation between legitimate
such monuments, edifices, or places by visible
ruses and forbidden acts of perfidy is sometimes
signs, which shall consist of large stiff
indistinct, but the following examples indicate
rectangular panels divided diagonally into
the correct principles. It would be an improper
two colored triangular portions, the upper
practice to secure an advantage of the enemy by
portion black, the lower portion white. (H.
deliberate lying or misleading conduct which
IX, art 5, 2d par.)
involves a breach of faith, or when there is a
b. Application of Rule. The foregoing rule
moral obligation to speak the truth. For example,
adopted in this convention for naval warfare
it is improper to feign surrender so as to secure
may be adopted for protecting buildings under
an advantage over the opposing belligerent
bombardment in land warfare.
thereby. So similarly, to broadcast to the enemy
c. Use of Foregoing for Military Purposes.
that an armistice had been agreed upon when
The besieging forces are not required to observe
such is not the case would be treacherous. On
the signs indicating inviolability of buildings
the other hand, it is a perfectly proper ruse to
that are known to be used for military purposes,
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summon a force to surrender on the ground that 54. National Flags, Insignia, and
it is surrounded and thereby induce such Uniforms as a Ruse
surrender with a small force. In practice, it has been authorized to make
Treacherous or perfidious conduct in war is use of national flags, insignia, and uniforms as a
forbidden because it destroys the basis for a ruse. The foregoing rule (HR, art. 23, par. (f) )
restoration of peace short of the complete does not prohibit such employment, but does
annihilation of one belligerent by the other. prohibit their improper use. It is certainly
forbidden to employ them during combat, but
51. Legitimate Ruses their use at other times is not forbidden.
Among legitimate ruses may be counted
surprises, ambushes, feigning attacks, retreats, or 55. Improper Use of Distinctive
flights, simulating quiet and inactivity, use of Emblem of Geneva Convention
small forces to simulate large units, transmitting
The use of the emblem of the Red Cross and
false or misleading radio or telephone messages,
other equivalent insignia must be limited to the
deception of the enemy by bogus orders
indication or protection of medical units and
purporting to have been issued by the enemy
establishments, the personnel and material
commander, making use of the enemys signals
protected by GWS and other similar conventions.
and passwords, pretending to communicate with
The following are examples of the improper use
troops or reinforcements which have no
of the emblem: Using a hospital or other
existence, deceptive supply movements,
building accorded such protection as an
deliberate planting of false information use of
observation post or military office or depot;
spies and secret agents, moving landmarks,
firing from a building or tent displaying the
putting up dummy guns and vehicles or laying
emblem of the Red Cross; using a hospital train
dummy mines, erection of dummy installations
or airplane to facilitate the escape of combatants;
and airfields, removing unit identifications from
displaying the emblem on vehicles containing
uniforms, use of signal deceptive measures, and
ammunition or other nonmedical stores; and in
psychological warfare activities.
general using it for cloaking acts of hostility.
52. Improper Use of Identifying
Devices Section VI. TREATMENT OF
It is especially forbidden * * * to make PROPERTY DURING COMBAT
improper use of a flag of truce, of the national
flag, or of the military insignia and uniform
of the enemy, as well as the distinctive badges 56. Devastation
of the Geneva Convention. (HR, art. 23, par. The measure of permissible devastation is
(f).) found in the strict necessities of war.
Devastation as an end in itself or as a separate
53. Flags of Truce measure of war is not sanctioned by the law of
Flags of truce must not be used war. There must be some reasonably close
surreptitiously to obtain military information or connection between the destruction of property
merely to obtain time to effect a retreat or secure and the overcoming of the enemys army. Thus
re-enforcements or to feign a surrender in order the rule requiring respect for private property is
to surprise an enemy. An officer receiving them not violated through damage resulting from
is not on this account absolved from the duty of operations, movements, or combat activity of the
exercising proper precautions with regard to army; that is, real estate may be used for
them. marches, camp sites, construction of field
fortifications, etc. Buildings may be destroyed
for sanitary purposes or used for shelter for
troops, the wounded and sick and vehicles and
for reconnaissance, cover, and defense. Fences,
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woods, crops, buildings, etc., may be
demolished, cut down, and removed to clear a
field of fire, to clear the ground for landing
fields, or to furnish building materials or fuel if
imperatively needed for the army. (See GC, art.
53; par. 339b; herein, concerning the
permissible extent of destruction in occupied
areas.)
57. Protection of Artistic and

Scientific Institutions and
Historic Monuments
The United States and certain of the
American Republics are parties to the so-called
Roerich Pact, which accords a neutralized and
protected status to historic monuments,
museums, scientific, artistic, educational, and
cultural institutions in the event of war between
such States. (For its text, see 49 Stat. 3267;
Treaty Series No. 899.)
58. Destruction and Seizure of

Property
It is especially forbidden * * * to destroy
or seize the enemys property, unless such
destruction or seizure be imperatively
demanded by the necessities of war (HR, art.
23, par. (g).)
59. Booty of War

a. Public Property. All enemy public
movable property captured or found on a
battlefield becomes the property of the capturing
State.
b. Private Property. Enemy private
movable property, other than arms, military
papers, horses, and the like captured or found on
a battlefield, may be appropriated only to the
extent that such taking is permissible in
occupied areas (see paras. 405-411).
c. Prisoners of War. The property which
prisoners of war are to be allowed to retain is
specified in Article 18, GPW (par. 94).
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CHAPTER 3 that such militias or volunteer corps,
including such organized resistance
movements, fulfil the following conditions:
PRISONERS OF WAR (a) that of being commanded by a
person responsible for his subordinates;
(b) that of having a fixed
distinctive sign recognizable at a distance;
Section I. PERSONS ENTITLED (c) that of carrying arms openly;
TO BE TREATED AS (d) that of conducting their
operations in accordance with the laws and
PRISONERS OF WAR; customs of war.
RETAINED MEDICAL (3) Members of regular armed forces
PERSONNEL who profess allegiance to a government or an
authority not recognized by the Detaining
Power.
60. General Division of Enemy (4) Persons who accompany the
Population armed forces without actually being members
The enemy population is divided in war into thereof, such as civilian members of military
two general classes: aircraft crews, war correspondents, supply
a. Persons entitled to treatment as contractors, members of labor units or of
prisoners of war upon capture, as defined in services responsible for the welfare of the
Article 4, GPW (par. 61). armed forces, provided that they have
b. The civilian population (exclusive of received authorization from the armed forces
those civilian persons listed in GPW, art. 4), which they accompany, who shall provide
who benefit to varying degrees from the them for that purpose with an identity card
provisions of GC (see chs. 5 and 6 herein). similar to the annexed model.
Persons in each of the foregoing categories have (5) Members of crews, including
distinct rights, duties, and disabilities. Persons masters, pilots and apprentices, of the
who are not members of the armed forces, as merchant marine and the crews of civil
defined in Article 4, GPW, who bear arms or aircraft of the Parties to the conflict, who do
engage in other conduct hostile to the enemy not benefit by more favorable treatment
thereby deprive themselves of many of the under any other provisions of international
privileges attaching to the members of the law.
civilian population (see sec. II of this chapter). (6) Inhabitants of a non-occupied
territory, who on the approach of the enemy
61. Prisoners of War Defined spontaneously take up arms to resist the
invading force, without having had time to
a. Prisoners of war, in the sense of the form themselves into regular armed units,
present Convention, are persons belonging to provided they carry arms openly and respect
one of the following categories, who have the laws and customs of war.
fallen into the power of the enemy: b. The following shall likewise be treated
(1) Members of the armed forces of a as prisoners of war under the present
Party to the conflict, as well as members of Convention:
militias or volunteer corps forming part of (1) Persons belonging, or having
such armed forces. belonged, to the armed forces of the occupied
(2) Members of other militias and country, if the occupying Power considers it
members of other volunteer corps, including necessary by reason of such allegiance to
those of organized resistance movements, intern them, even though it has originally
belonging to a Party to the conflict and liberated them while hostilities were going on
operating in or outside their own territory, outside the territory it occupies, in particular
even if this territory is occupied, provided where such persons have made an
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unsuccessful attempt to rejoin the armed 64. Qualifications of Members of
forces to which they belong and which are Militias and Volunteer Corps
engaged in combat, or where they fail to The requirements specified in Article 4,
comply with a summons made to them with a paragraphs A (2) (a) to (d), GPW (par. 61) are
view to internment. satisfied in the following fashion:
(2) The persons belonging to one of a. Command by a Responsible Person.
the categories enumerated in the present This condition is fulfilled if the commander of
Article, who have been received by neutral or the corps is a commissioned officer of the armed
non-belligerent Powers on their territory and forces or is a person of position and authority or
whom these Powers are required to intern if the members of the militia or volunteer corps
under inter-national law, without prejudice to are provided with documents, badges, or other
any more favorable treatment which these means of identification to show that they are
Powers may choose to give and with the officers, non-commissioned officers, or soldiers
exception of Articles 8, 10, 15, 30, fifth so that there may be no doubt that they are not
paragraph, 58-67, 92, 126 and, where persons acting on their own responsibility. State
diplomatic relations exist between the Parties recognition, however, is not essential, and an
to the conflict and the neutral or non- organization may be formed spontaneously and
belligerent Power concerned, those Articles elect its own officers.
concerning the Protecting Power. Where such b. Fixed Distinctive Sign. The second
diplomatic relations exist, the Parties to a condition, relative to the possession of a fixed
conflict on whom these persons depend shall distinctive sign recognizable at a distance is
be allowed to perform towards them the satisfied by the wearing of military uniform, but
functions of a Protecting Power as provided less than the complete uniform will suffice. A
in the present Convention, without prejudice helmet or headdress which would make the
to the functions which these Parties normally silhouette of the individual readily
exercise in conformity with diplomatic and distinguishable from that of an ordinary civilian
consular usage and treaties. would satisfy this requirement. It is also
c. This Article shall in no way affect the desirable that the individual member of the
status of medical personnel and chaplains as militia or volunteer corps wear a badge or
provided for in Article 33 of the present brassard permanently affixed to his clothing. It
Convention. (GPW, art. 4.) is not necessary to inform the enemy of the
distinctive sign, although it may be desirable to
62. Combatants and do so in order to avoid misunderstanding.
Noncombatants c. Carrying Arms Openly. This
The armed forces of the belligerent requirement is not satisfied by the carrying of
parties may consist of combatants and weapons concealed about the person or if the
noncombatants. In the case of capture by the individuals hide their weapons on the approach
enemy, both have a right to be treated as of the enemy.
prisoners of war. (HR, art. 3.) d. Compliance With Law of War. This
condition is fulfilled if most of the members of
63. Commandos and Airborne the body observe the laws and customs of war,
Troops notwithstanding the fact that the individual
Commando forces and airborne troops, member concerned may have committed a war
although operating by highly trained methods of crime. Members of militias and volunteer corps
surprise and violent combat, are entitled, as long should be especially warned against employment
as they are members of the organized armed of treachery, denial of quarters, maltreatment of
forces of the enemy and wear uniform, to be prisoners of war, wounded, and dead, improper
treated as prisoners of war upon capture, even if conduct toward flags of truce, pillage, and
they operate singly. unnecessary violence and destruction.
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65. The Leve en Masse military laws and regulations of the Detaining
If the enemy approaches an area for the Power and under the control of its competent
purpose of seizing it, the inhabitants, if they services, in accordance with their professional
defend it, are entitled to the rights of regular etiquette. They shall also benefit by the
combatants as a leve en masse (see GPW, art. following facilities in the exercise of their
4, par. A (6); par. 61 herein), although they wear medical or spiritual functions:
no distinctive sign. In such a case all the (a) They shall be authorized to visit
inhabitants of the area maybe considered periodically prisoners f war situated in
legitimate enemies until the area is taken. working detachments or in hospitals outside
Should some inhabitants of a locality thus take the camp. For this purpose, the Detaining
part in its defense, it might be justifiable to treat Power shall place at their disposal the
all the males of military age as prisoners of war. necessary means of transport.
Even if inhabitants who formed the leve en (b) The senior medical officer in each
masse lay down their arms and return to their camp shall be responsible to the camp
normal activities, they may be made prisoners of military authorities for everything connected
war. with the activities of retained medical
personnel. For this purpose, Parties to the
66. Wounded and Sick conflict shall agree at the outbreak of
hostilities on the subject of the corresponding
Subject to the provisions of Article 12, the ranks of the medical personnel, including that
wounded and sick of a belligerent who fall of societies mentioned in Article 26 of the
into enemy hands shall be prisoners of war, Geneva Convention for the Amelioration of
and the provisions of international law the Condition of the Wounded and Sick in
concerning prisoners of war shall apply to Armed Forces in the Field of August 12, 1949.
them. (GWS, art. 14.) This senior medical officer, as well as
chaplains, shall have the right to deal with the
67. Medical Personnel and competent authorities of the camp on all
Chaplains questions relating to their duties. Such
Medical personnel exclusively engaged in authorities shall afford them all necessary
the search for, or collection, transport or facilities for correspondence relating to these
treatment of the wounded or sick, or in the questions.
prevention of disease, staff exclusively (c) Although they shall be subject to the
engaged in the ad-ministration of medical internal discipline of the camp in which they
units and establishments, as well as chaplains are retained, such personnel may not be
attached to the armed forces, shall be compelled to carry out any work other than
respected and protected in all circumstances. that concerned with their medical or religious
(GWS, art. 24.) duties.
Members of the medical personnel and During hostilities the Parties to the
chaplains while retained by the Detaining conflict shall agree concerning the possible
Power with a view to assisting prisoners of relief of retained personnel and shall settle
war, shall not be considered as prisoners of the procedure to be followed.
war. They shall, however, receive as a None of the preceding provisions shall
minimum the benefits and protection of the relieve the Detaining Power of its obligations
present Convention, and shall also be granted with regard to prisoners of war from the
all facilities necessary to provide for the medical or spiritual point of view. (GPW, art.
medical care of and religious ministration to 33.)(See also GWS, arts. 27 and 32; paras. 229
prisoners of war. They shall continue to and 233 herein.)
exercise their medical and spiritual functions
for the benefit of prisoners of war, preferably
those belonging to the armed forces upon
which they depend, within the scope of the
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68. Persons Temporarily Performing Article 4, such persons shall enjoy the
Medical Functions protection of the present Convention until
Members of the armed forces specially such time as their status has been determined
trained for employment, should the need by a competent tribunal. (GPW, art. 6.)
b. Interpretation. The foregoing provision
arise, as hospital orderlies, nurses, or
applies to any person not appearing to be
auxiliary stretcher-bearers, in the search for
entitled to prisoner-of-war status who has
or the collection, transport or treatment of
committed a belligerent act or has engaged in
the wounded and sick * * * who have fallen
hostile activities in aid of the armed forces and
into the hands of the enemy, shall be
who asserts that he is entitled to treatment as a
prisoners of war, but shall be employed on
prisoner of war or concerning whom any other
their medical duties in so far as the need
doubt of a like nature exists.
arises. (GWS, arts. 25 and 29.)
c. Competent Tribunal. A competent
tribunal of the United States for the purpose of
69. Personnel of Aid Societies
determining whether a person of the nature
The staff of National Red Cross Societies described in a above is or is not entitled to
and that of other Voluntary Aid Societies, prisoner-of-war status is a board of not less than
duly recognized and authorized by their three officers acting according to such procedure
Governments, who may be employed on the as may be prescribed for tribunals of this nature.
same duties as the personnel named in Article d. Further Proceedings. Persons who have
24, are placed on the same footing as the been determined by a competent tribunal not to
personnel named in the said Article, provided be entitled to prisoner-of-war status may not be
that the staff of such societies are subject to executed, imprisoned, or otherwise penalized
military laws and regulations. without further judicial proceedings to determine
Each High Contracting Party shall notify what acts they have committed and what penalty
to the other, either in time of peace, or at the should be imposed therefore.
commencement of or during hostilities, but in
any case before actually employing them, the
names of the societies which it has authorized,
Section II. PERSONS NOT
under its responsibility, to render assistance ENTITLED TO BE TREATED AS
to the regular medical service of its armed PRISONERS OF WAR
forces. (GWS, art. 26.)
70. Enumeration Not Exhaustive 72. Certain Persons in Occupied

The enumeration of persons entitled to be Areas
treated as prisoners of war is not exhaustive and Persons in occupied areas not falling within
does not preclude affording prisoner-of-war the categories set forth in Article 4, GPW (par.
status to persons who would otherwise be 61), who commit acts hostile to the occupant or
subject to less favorable treatment. prejudicial to his security are subject to a special
regime, concerning which see chapter 6, section
71. Interim Protection VIII. The provisions of the present section must,
a. Treaty Provision. in the case of offenses committed in occupied
The present Convention shall apply to the territory, be read subject to the qualifications set
persons referred to in Article 4 from the time forth in chapter 6, section VIII (for example, the
they fall into the power of the enemy and limitation on punishments prescribed by GC,
until their final release and repatriation. art. 68; par. 438 herein).
Should any doubt arise as to whether persons,
having committed a belligerent act and
having fallen into the hands of the enemy,
belong to any of the categories enumerated in
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73. Persons Committing Hostile b. American Statutory Definition. The first
Acts Not Entitled To Be Treated paragraph of the foregoing Hague Regulation
as Prisoners of War has been in effect somewhat modified, as far as
American practice is concerned, by the
If a person is determined by a competent
subsequently enacted Article 106 of the Uniform
tribunal, acting in conformity with Article 5,
Code of Military Justice (64 Stat. 138; 50 U. S.
GPW (par. 71), not to fall within any of the
C. 700), as follows:
categories listed in Article 4, GPW (par. 61), he
Art. 106. Spies.Any person who in time
is not entitled to be treated as a prisoner of war.
of war is found lurking as a spy or acting as a
He is, however, a protected person within the
spy in or about any place, vessel, or aircraft,
meaning of Article 4, GC (par. 247). (See paras.
within the control or jurisdiction of any of the
247 and 248, concerning the status of such
armed forces of the United States, or in or
protected persons who have engaged in
about any shipyard, any manufacturing or
conduct hostile to the opposing belligerent.)
industrial plant, or any other place or
institution engaged in work in aid of the
74. Necessity of Uniform
prosecution of the war by the United States,
Members of the armed forces of a party to or elsewhere, shall be tried by a general
the conflict and members of militias or volunteer court- martial or by a military commission
corps forming part of such armed forces lose and on conviction shall be punished by death.
their right to be treated as prisoners of war c. Article 106 Governs. Insofar as Article
whenever they deliberately conceal their status 29, HR, and Article 106, Uniform Code of
in order to pass behind the military lines of the Military Justice, are not in conflict with each
enemy for the purpose of gathering military other, they will be construed and applied
information or for the purpose of waging war by together. Otherwise Article 106 governs
destruction of life or property. Putting on American practice.
civilian clothes or the uniform of the enemy are
examples of concealment of the status of a 76. Who Included in Definition
member of the armed forces.
The definition embodied in the Hague
Regulations (par. 75 a) and that contained in
75. Spies Article 106 of the Uniform Code of Military
a Treaty Provision. Justice (par. 75 b) include persons of all classes,
A person can only be considered a spy whether military or civilian, without regard to
when, acting clandestinely or on false citizenship or sex. Both likewise apply only
pretences, he obtains or endeavors to obtain where the acts are committed in time of war.
information in the zone of operations of a The Hague definition applies only where the
belligerent, with the intention of information is obtained or sought in the zone of
communicating it to the hostile party. operations, while the statutory definition is not
Thus, soldiers not wearing a disguise who so limited. The latter includes only persons
have penetrated into the zone of operations of found lurking as a spy or acting as a spy in
the hostile army, for the purpose of obtaining those places specifically designated or
information, are not considered spies. elsewhere. It has not been decided whether the
Similarly, the following are not considered phrase or elsewhere justifies trial by a military
spies: Soldiers and civilians, carrying out tribunal of any person who is not found in one of
their mission openly, intrusted with the the places designated or in the field of military
delivery of despatches intended either for operations or territory under martial law and is
their own army or for the enemys army. To not a member of the armed forces or other-wise
this class belong likewise persons sent in subject to the Uniform Code of Military Justice.
balloons for the purpose of carrying Persons charged with espionage committed in
dispatches and, generally, of maintaining the United States outside military jurisdiction
communications between the different parts are nevertheless liable to trial and punishment by
of an army or a territory. (HR, art. 29.)
FM 27-10
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the civil courts under the espionage laws (18 U. judicial interpretation, would be held to
S. C. (chap. 37)). authorize the trial of civilians by military
tribunals only when the offense had been
77. Employment of Spies Lawful committed in territory under martial law or
The foregoing Article 29, HR (par. 75), and military government, or within the zone of
Article 24, HR (par. 48), tacitly recognize the military operations, or within areas invaded by
well-established right of belligerents to employ the United States, or within or in the vicinity of a
spies and other secret agents for obtaining military installation, or in a place otherwise
information of the enemy. Resort to that practice subject to military jurisdiction. Cases occurring
involves no offense against inter-national law. in the United States outside military jurisdiction
Spies are punished, not as violators of the laws are triable by the civil courts under the
of war, but to render that method of obtaining espionage laws mentioned above (par. 76) and
information as dangerous, difficult, and laws relating to treason (18 U.S.C. (chap. 115)).
ineffective as possible.
80. Individuals Not of Armed Forces
78. Punishment Who Engage in Hostilities
a. Necessity of Trial. Persons, such as guerrillas and partisans,
A spy taken in the act shall not be who take up arms and commit hostile acts
punished without previous trial. (HR, art. 30.) without having complied with the conditions
b. Attempts. The spy is punishable with pre-scribed by the laws of war for recognition as
death whether or not he succeeds in obtaining belligerents (see GPW, art. 4; par. 61 herein),
information or in conveying it to the enemy. are, when captured by the injured party, not
c. Immunity upon Rejoining Own Army. entitled to be treated as prisoners of war and
A spy who, after rejoining the army to may be tried and sentenced to execution or
which he belongs, is subsequently captured by imprisonment.
the enemy, is treated as a prisoner of war, and
incurs no responsibility for his previous acts of 81. Individuals Not of Armed Forces
espionage. (HR, art. 31.) Who Commit Hostile Acts
Persons who, without having complied with
79. Aiding the Enemy the conditions pre-scribed by the laws of war for
a. American Statutory Definition. recognition as belligerents (see GPW, art. 4; par.
Any person who 61 herein), commit hostile acts about or behind
(1) aids or attempts to aid, the enemy the lines of the enemy are not to be treated as
with arms, ammunition, supplies, money, or prisoners of war and may be tried and sentenced
other thing; or to execution or imprisonment. Such acts include,
(2) without proper authority, knowingly but are not limited to, sabotage, destruction of
harbors or protects or gives intelligence to, or communications facilities, intentional
communicates or corresponds with or holds misleading of troops by guides, liberation of
any intercourse with the enemy, either prisoners of war, and other acts not falling
directly or indirectly; shall suffer death or within Articles 104 and 106 of the Uniform
such other punishment as a court-martial or Code of Military Justice and Article 29 of the
military commission may direct. (UCMJ, Art. Hague Regulations.
104; 64 Stat. 138; 50 U.S.C. 698.)
b. Interpretation. In time of war, the rule 82. Penalties for the Foregoing
of the above article is general in its application Persons in the foregoing categories who
to all persons whether or not otherwise subject have attempted, committed, or conspired to
to military law and without regard to citizenship commit hostile or belligerent acts are subject to
or military or civil status, who give aid to an the extreme penalty of death because of the
enemy government or persons adhering to it. It danger inherent in their conduct. Lesser
may be that this statute, should it be subjected to penalties may, however, be imposed.
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83. Military Attachs and Diplomatic make necessary rigorous supervision of and
Representatives of Neutral restraint upon the movement of prisoners of war.
States
86. Special Agreements
Military attachs and diplomatic
representatives of neutral States who establish In addition to the agreements expressly
their identity as such and are accompanying an provided for in Articles 10, 23, 28, 33, 60, 65,
army in the field or are found within a captured 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and
fortress, whether within the territory of the 132, the High Contracting Parties may
enemy or in territory occupied by it, are not held conclude other special agreements for all
as prisoners, provided that they take no part in matters concerning which they may deem it
hostilities. They may, however, be ordered out suitable to make separate provision. No
of the theater of war, and, if necessary, handed special agreement shall adversely affect the
over by the captor to the ministers of their situation of prisoners of war, as defined by
respective countries. Only if they refuse to quit the present Convention, nor restrict the rights
the theater of war may they be interned. which it confers upon them.
Prisoners of war shall continue to have
Section III. GENERAL the benefit or such agreements as long as the
Convention is applicable to then, except
PROTECTION OF PRISONERS where express provisions to the contrary are
OF WAR contained in the aforesaid or in subsequent
agreements, or where more favorable
measures have been taken with regard to
84. Duration of Protection them by one or other of the Parties to the
a. Treaty Provision. conflict. (GPW, art. 6.)
The present Convention shall apply to the
persons referred to in Article 4 from the time 87. Renunciation of Rights
they fall into the power of the enemy and Prohibited
until their final release and repatriation * * *. a. Treaty Provision.
(GPW, art.5; see par. 71 herein.) Prisoners of war may in no circumstances
b. Power of the Enemy Defined. A person renounce in part or in entirety the rights
is considered to have fallen into the power of the secured to them by the present Convention,
enemy when he has been captured by, or and by the special agreements referred to in
surrendered to members of the military forces, the foregoing Article, if such there be. (GPW,
the civilian police, or local civilian defense art. 7.)
organizations or enemy civilians who have taken b. Interpretation. Subject to the exception
him into custody. noted in paragraph 199, prisoners of war are
precluded from renouncing not only their rights
85. Killing of Prisoners but also their status as prisoners of war, even if
A commander may not put his prisoners to they do so voluntarily. The prohibition extends
death because their presence retards his equally to prisoners renouncing their status in
movements or diminishes his power of order to become civilians or to join the armed
resistance by necessitating a large guard, or by forces of the Detaining Power.
reason of their consuming supplies, or because it
appears certain that they will regain their liberty 88. Responsibility for the Treatment
through the impending success of their forces. It of Prisoners
is likewise unlawful for a commander to kill his Prisoners of war are in the hands of the
prisoners on grounds of self-preservation, even enemy Power, but not of the individuals or
in the case of airborne or commando operations, military units who have captured them.
although the circumstances of the operation may Irrespective of the individual responsibilities
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that may exist, the Detaining Power is Women shall be treated with all the
responsible for the treatment given them. regard due to their sex and shall in all cases
Prisoners of war may only be transferred benefit by treatment as favorable as that
by the Detaining Power to a Power which is a granted to men.
party to the Convention and after the Prisoners of war shall retain the full civil
Detaining Power has satisfied itself of the capacity which they enjoyed at the time of
willingness and ability of such transferee their capture. The Detaining Power may not
Power to apply the Convention. When restrict the exercise, either within or without
prisoners of war are transferred under such its own territory, of the rights such capacity
circumstances, responsibility for the confers except in so far as the captivity
application of the Convention rests on the requires. (GPW, art. 14.)
Power accepting them while they are in its
custody. 91. Maintenance of Prisoners
Nevertheless, if that Power fails to carry The Power detaining prisoners of war
out the provisions of the Convention in any shall be bound to provide free of charge for
important respect, the Power by whom the their maintenance and for the medical
prisoners of war were transferred shall, upon attention required by their state of health.
being notified by the Protecting Power, take (GPW, art. 15.)
effective measures to correct the situation or
shall request the return of the prisoners of 92. Equality of Treatment
war. Such requests must be complied with.
(GPW, art. 12.)
Taking into consideration the provisions
of the present Convention relating to rank
89. Humane Treatment of Prisoners
and sex, and subject to any privileged
Prisoners of war must at all times be treatment which may be accorded to them by
humanely treated. Any unlawful act or reason of their state of health, age or
omission by the Detaining Power causing professional qualifications, all prisoners of
death or seriously endangering the health of a war shall be treated alike by the Detaining
prisoner of war in its custody is prohibited, Power, without any adverse distinction based
and will be regarded as a serious breach of on race, nationality, religious belief or
the present Convention. In particular, no political opinions, or any other distinction
prisoner of war may be subjected to physical founded on similar criteria. (GPW, art. 16.)
mutilation or to medical or scientific b. The foregoing provision does not
experiments of any kind which are not preclude the segregation of prisoners of war to
justified by the medical, dental or hospital maintain order in camps, to impose punishment,
treatment of the prisoner concerned and or for medical reasons. (See GPW, art. 79, 5th
carried out in his interest. par.; par. 155 herein.)
Likewise, prisoners of war must at all
times be protected, particularly against acts Section IV. BEGINNING OF
of violence or intimidation and against insults
and public curiosity. CAPTIVITY
Measures of reprisal against prisoners of
war are prohibited. (GPW, art. 13.)
93. Questioning of Prisoners
90. Respect for the Person of Every prisoner of war, when questioned
Prisoners on the subject, is bound to give only his
Prisoners of war are entitled in all surname, first names and rank, date of birth,
circumstances to respect for their persons and army, regimental, personal or serial
and their honour. number, or failing this equivalent
information.
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If he willfully infringes this rule, he may At no time should prisoners of war be
render himself liable to a restriction of the without identity documents. The Detaining
privileges accorded to his rank or status. Power shall supply such documents to
Each Party to a conflict is required to prisoners of war who possess none.
furnish the persons under its jurisdiction who Badges of rank and nationality,
are liable to become prisoners of war, with an decorations and articles having above all a
identity card showing the owners surname, personal or sentimental value may not be
first names, rank, army, regimental, personal taken from prisoners of war.
or serial number or equivalent information, Sums of money carried by prisoners of
and date of birth. The identity card may, war may not be taken away from them except
furthermore, bear the signature or the by order of an officer, and after the amount
fingerprints, or both, of the owner, and may and particulars of the owner have been
bear, as well, any other information the Party recorded in a special register and an itemized
to the conflict may wish to add concerning receipt has been given, legibly inscribed with
persons belonging to its armed forces. As far the name, rank and unit of the person issuing
as possible the card shall measure 6.5 x 10 the said receipt. Sums in the currency of the
cm. and shall be issued in duplicate. The Detaining Power, or which are changed into
identity card shall be shown by the prisoner such currency at the prisoners request, shall
of war upon demand, but may in no case be be placed to the credit of the prisoners
taken away from him. account as provided in Article 64.
No physical or mental torture, nor any The Detaining Power may withdraw
other form of coercion, may be inflicted on articles of value from prisoners of war only
prisoners of war to secure from them for reasons of security; when such articles are
information of any kind whatever. Prisoners withdrawn, the procedure laid down for sums
of war who refuse to answer may not be of money impounded shall apply.
threatened, insulted, or exposed to unpleasant Such objects, likewise sums taken away in
or disadvantageous treatment of any kind. any currency other than that of the Detaining
Prisoners of war who, owing to their Power and the conversion of which has not
physical or mental condition, are unable to been asked for by the owners, shall be kept in
state their identity, shall be handed over to the custody of the Detaining Power and shall
the medical service. The identity of such be returned in their initial shape to prisoners
prisoners shall be established by all possible of war at the end of their captivity. (GPW, art.
means, subject to the provisions of the 18.)
preceding paragraph. b. Transactions With Prisoners. It is not
The questioning of prisoners of war shall proper for members of the forces of the
be carried out in a language which they Detaining Power to engage in bartering and
understand. (GPW, art. 17.) other transactions with prisoners of war
concerning their personal effects.
94. Property of Prisoners c. Unexplained Possession of Large Sums
a. Treaty Provision. of Money by Prisoners of War. The unexplained
All effects and articles of personal use, possession by a prisoner of war of a large sum of
except arms, horses, military equipment and money justifiably leads to the inference that such
military documents shall remain in the funds are not his own property and are in fact
possession of prisoners of war, likewise their either property of the enemy government or
metal helmets and gas masks and like articles property which has been looted or otherwise
issued for personal protection. Effects and stolen.
articles used for their clothing or feeding
shall like-wise remain in their possession, 95. Evacuation of Prisoners
even if such effects and articles belong to Prisoners of war shall be evacuated, as
their regulation military equipment. soon as possible after their capture, to camps
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situated in an area far enough from the make such confinement necessary. (GPW, art.
combat zone for them to be out of danger. 21,1st par.)
Only those prisoners of war who, owing
to wounds or sickness, would run greater 98. Places and Conditions of
risks by being evacuated than by remaining Internment
where they are, may be temporarily kept Prisoners of war maybe interned only in
back in a danger zone. premises located on land and affording every
Prisoners of war shall not be guarantee of hygiene and healthfulness.
unnecessarily exposed to danger while Except in particular cases which are justified
awaiting evacuation from a fighting zone. by the interest of the prisoners themselves,
(GPW, art. 19.) they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy
96. Conditions of Evacuation areas, or where the climate is injurious for
The evacuation of prisoners of war shall them, shall be removed as soon as possible to
always be effected humanely and in a more favorable climate.
conditions similar to those for the forces of The Detaining Power shall assemble
the Detaining Power in their changes of prisoners of war in camps or camp
station. compounds according to their nationality,
The Detaining Power shall supply language and customs, provided that such
prisoners of war who are being evacuated prisoners shall not be separated from
with sufficient food and potable water, and prisoners of war belonging to the armed
with the necessary clothing and medical forces with which they were serving at the
attention. The Detaining Power shall take all time of their capture, except with their
suitable precautions to ensure their safety consent. (GPW, art. 22.)
during evacuation, and shall establish as soon
as possible a list of the prisoners of war who 99. Security of Prisoners
are evacuated. No prisoner of war may at any time be
If prisoners of war must, during sent to, or detained in areas where he may be
evacuation, pass through transit camps, their exposed to the fire of the combat zone, nor
stay in such camps shall be as brief as may his presence be used to render certain
possible. (GPW, art. 20.) points or areas immune from military
operations.
Section V. INTERNMENT OF Prisoners of war shall have shelters
PRISONERS GENERALLY against air bombardment and other hazards
of war, to the same extent as the local civilian
population. With the exception of those
97. Restriction of Liberty of engaged in the protection of their quarters
Movement against the aforesaid hazards, they may enter
such shelters as soon as possible after the
The Detaining Power may subject
giving of the alarm. Any other protective
prisoners of war to internment. It may
measure taken in favor of the population
impose on them the obligation of not leaving,
beyond certain limits, the camp where they shall also apply to them.
Detaining Powers shall give the Powers
are interned, or if the said camp is fenced in,
concerned, through the intermediary of the
of not going outside its perimeter. Subject to
Protecting Powers, all useful information
the provisions of the present Convention
regarding the geographical location of
relative to penal and disciplinary sanctions,
prisoners of war may not be held in close prisoner of war camps.
Whenever military considerations permit,
confinement except where necessary to
safeguard their health and then only during prisoner of war camps shall be indicated in
the day-time by the letters PW or PG, placed
the continuation of the circumstances which
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so as to be clearly visible from the air. The nutritional deficiencies. Account shall also be
Powers concerned may, however, agree upon taken of the habitual diet of the prisoners.
any other system of marking. Only prisoner The Detaining Power shall supply
of war camps shall be marked as such. (GPW, prisoners of war who work with such
art. 23.) additional rations as are necessary for the
labour on which they are employed.
100. Permanent Transit Camps Sufficient drinking water shall be
Transit or screening camps of a supplied to prisoners of war. The use of
permanent kind shall be fitted out under tobacco shall be permitted.
conditions similar to those described in the Prisoners of war shall, as far as possible,
present Section, and the prisoners therein be associated with the preparation of their
shall have the same treatment as in other meals; they may be employed for that
camps. (GPW, art 24.) purpose in the kitchens. Furthermore, they
shall be given the means of preparing,
Section VI. QUARTERS, FOOD, themselves, the additional food in their
possession.
AND CLOTHING Adequate premises shall be provided for
messing.
Collective disciplinary measures affecting
101. Quarters food are prohibited. (GPW, art. 26.)
Prisoners of war shall be quartered under
conditions as favorable as those for the forces 103. Clothing
of the Detaining Power who are billeted in the Clothing, underwear and footwear shall
same area. The said conditions shall make be supplied to prisoners of war in sufficient
allow-ante for the habits and customs of the quantities by the Detaining Power, which
prisoners and shall in no case be prejudicial shall make allowance for the climate of the
to their health. region where the prisoners are detained.
The foregoing provisions shall apply in Uniforms of enemy armed forces captured by
particular to the dormitories of prisoners of the Detaining Power should, if suitable for the
war as regards both total surface and climate, be made avail-able to clothe
minimum cubic space, and the general prisoners of war.
installations, bedding and blankets. The regular replacement and repair of
The premises provided for the use of the above articles shall be assured by the
prisoners of war individually or collectively, Detaining Power. In addition, prisoners of
shall be entirely protected from dampness war who work shall receive appropriate
and adequately heated and lighted, in clothing, wherever the nature of the work
particular between dusk and lights out. All demands. (GPW, art. 27.)
precautions must be taken against the danger
of fire. 104. Canteens
In any camps in which women prisoners
Canteens shall be installed in all camps,
of war, as well as men, are accommodated,
where prisoners of war may procure
separate dormitories shall be provided for
foodstuffs, soap and tobacco and ordinary
them. (GPW, art. 25.)
articles in daily use. The tariff shall never be
in excess of local market prices.
102. Food
The profits made by camp canteens shall
The basic daily food rations shall be be used for the benefit of the prisoners; a
sufficient in quantity, quality and variety to special fund shall be created for this purpose.
keep prisoners of war in good health and The prisoners representative shall have the
prevent loss of weight or the development of right to collaborate in the management of the
canteen and of this fund.
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When a camp is closed down, the credit Prisoners of war suffering from serious
balance of the special fund shall be handed to disease, or whose condition necessitates
an international welfare organization, to be special treatment a surgical operation or
employed for the benefit of prisoners of war hospital care, must be admitted to any
of the same nationality as those who have military or civilian medical unit where such
contributed to the fund. In case of a general treatment can be given, even if their
repatriation, such profits shall be kept by the repatriation is contemplated in the near
Detaining Power, subject to any agreement to future. Special facilities shall be afforded for
the contrary between the Powers concerned. the care to be given to the disabled, in
(GPW, art. 28.) particular to the blind, and for their
rehabilitation, pending repatriation.
105. Cost of Quarters, Food, and Prisoners of war shall have the attention,
Clothing preferably, of medical personnel of the Power
Prisoners, including officers, are furnished on which they depend and, if possible, of their
quarters, food, and clothing without cost to nationality.
them. Prisoners of war may not be prevented
from presenting themselves to the medical
authorities for examination. The detaining
Section VII. HYGIENE AND authorities shall, upon request, issue to every
MEDICAL ATTENTION prisoner who has undergone treatment, an
official certificate indicating the nature of his
illness or injury, and the duration and kind of
106. Hygiene treatment received. A duplicate of this
The Detaining Power shall be bound to certificate shall be forwarded to the Central
take all sanitary measures necessary to Prisoners of War Agency.
ensure the cleanliness and healthfulness of The costs of treatment, including those of
camps and to prevent epidemics. any apparatus necessary for the maintenance
Prisoners of war shall have for their use, of prisoners of war in good health,
day and night, conveniences which conform particularly dentures and other artificial
to the rules of hygiene and are maintained in appliances, and spectacles, shall be borne by
a constant state of cleanliness. In any camps the Detaining Power. (GPW, art. 30.)
in which women prisoners of war are
accommodated, separate conveniences shall 108. Medical Inspections
be provided for them. Medical inspections of prisoners of war
Also, apart from the baths and showers shall be held at least once a month. They shall
with which the camps shall be furnished, include the checking and the recording of the
prisoners of war shall be provided with weight of each prisoner of war. Their purpose
sufficient water and soap for their personal shall be, in particular, to supervise the
toilet and for washing their personal laundry; general state of health, nutrition and
the necessary installations, facilities and time cleanliness of prisoners and to detect
shall be granted them for that purpose. contagious diseases, especially tuberculosis,
(GPW, art. 29.) malaria and venereal disease. For this
purpose the most efficient methods available
107. Medical Attention shall be employed, e. g., periodic mass
Every camp shall have an adequate miniature radiography for the early detection
infirmary where prisoners of war may have of tuberculosis. (GPW, art. 81.)
the attention they require, as well as
appropriate diet. Isolation wards shall, if
necessary, be set aside for cases of contagious
or mental disease.
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109. Prisoners Engaged on Medical censorship, on matters concerning their
Duties religious duties with the ecclesiastical
Prisoners of war who, though not authorities in the country of detention and
attached to the medical service of their armed with international religious organizations.
forces, are physicians, surgeons, dentists, Letters and cards which they may send for
nurses or medical orderlies, may be required this purpose shall be in addition to the quota
by the Detaining Power to exercise their provided for in Article 71. (GPW, art. 85.)
medical functions in the interests of prisoners
of war dependent on the same Power. In that 112. Prisoners Who Are Ministers of
case they shall continue to be prisoners of Religion
war, but shall receive the same treatment as Prisoners of war who are ministers of
corresponding medical personnel retained by religion, without having officiated as
the Detaining Power. They shall be exempted chaplains to their own forces, shall be at
from any other work under Article 49. (GPW, liberty, whatever their denomination, to
art. 32.) minister freely to the members of their
community. For this purpose, they shall
Section VIII. RELIGIOUS, receive the same treatment as the chaplains
retained by the Retaining Power. They shall
INTELLECTUAL, AND not be obliged to do any other work. (GPW,
PHYSICAL ACTIVITIES art. 36.)
113. Prisoners Without a Minister of

110. Religious Freedoms Their Religion
Prisoners of war shall enjoy complete When prisoners of war have not the
latitude in the exercise of their religious assistance of a retained chaplain or of a
duties, including attendance at the service of prisoner of war minister of their faith, a
their faith, on condition that they comply minister belonging to the prisoners or a
with the disciplinary routine prescribed by similar denomination, or in his absence a
the military authorities. qualified layman, if such a course is feasible
Adequate premises shall be provided from a confessional point of view, shall be
where religious services may be held. (GPW, appointed, at the request of the prisoners
art. 34.) concerned, to fill this office. This
appointment, subject to the approval of the
111. Retained Chaplains Detaining Power, shall take place with the
Chaplains who fall into the hands of the agreement of the community of prisoners
enemy Power and who remain or are retained concerned and, wherever necessary, with the
with a view to assisting prisoners of war, shall approval of the local religious authorities of
be allowed to minister to them and to exercise the same faith. The person thus appointed
freely their ministry amongst prisoners of shall comply with all regulations established
war of the same religion, in accordance with by the Detaining Power in the interests of
their religious conscience. They shall be discipline and military security. (GPW, art.
allocated among the various camps and 37.)
labour detachments containing prisoners of
war belonging to the same forces, speaking 114. Recreation, Study, Sports, and
the same language or practicing the same Games
religion. They shall enjoy the necessary While respecting the individual
facilities including the means of transport preferences of every prisoner, the Detaining
provided for in Article 33, for visiting the Power shall encourage the practice of
prisoners of war outside their camp. They intellectual, educational, and recreational
shall be free to correspond, subject to pursuits, sports and games amongst
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prisoners, and shall take the measures the prisoners who cannot have access to the
necessary to ensure the exercise thereof by copy which has been posted.
providing them with adequate premises and Regulations, orders, notices and
necessary equipment. publications of every kind relating to the
Prisoners shall have opportunities for conduct of prisoners of war shall be issued to
taking physical exercise, including sports and them in a language which they understand.
games, and for being out of doors. Sufficient Such regulations, orders and publications
open spaces shall be provided for this shall be posted in the manner described
purpose in all camps. (GPW, art. 38.) above and copies shall be handed to the
prisoners representative. Every order and
Section IX. DISCIPLINE command addressed to prisoners of war
individually must likewise be given in a
language which they understand. (GPW, art.
115. Administration 41.)
Every prisoner of war camp shall be put
under the immediate authority of a 118. Use of Weapons
responsible commissioned officer belonging to The use of weapons against prisoners of
the regular armed forces of the Detaining war, especially against those who are
Power. Such officer shall have in his escaping or attempting to escape, shall
possession a copy of the present Convention; constitute an extreme measure, which shall
he shall ensure that its provisions are known always be preceded by warnings appropriate
to the camp staff and the guard and shall be to the circumstances. (GPW, art. 42.)
responsible, under the direction of his
government, for its application. Section X. RANK OF
Prisoners of war, with the exception of PRISONERS OF WAR
officers, must salute and show to all officers
of the Detaining Power the external marks of
respect provided for by the regulations 119. Notification of Ranks
applying in their own forces.
Upon the outbreak of hostilities, the
Officer prisoners of war are bound to
Parties to the conflict shall communicate to
salute only officers of a higher rank of the
one another the titles and ranks of all the
Detaining Power; they must however, salute
persons mentioned in Article 4 of the present
the camp commander regardless of his rank.
Convention, in order to en-sure equality of
(GPW, art. 39.)
treatment between prisoners of equivalent
rank. Titles and ranks which are
116. Badges and Decorations
subsequently created shall form the subject of
The wearing of badges of rank and similar communications.
nationality, as well as of decorations, shall be The Detaining Power shall recognize
permitted. (GPW, art. 40.) promotions in rank which have been
accorded to prisoners of war and which have
117. Posting of the Convention and been duly notified by the Power on which
of Regulations and Orders these prisoners depend. (GPW, art. 43.)
Concerning Prisoners
In every camp the text of the present 120. Treatment of Officers
Convention and its Annexes and the contents Officers and prisoners of equivalent
of any special agreement provided for in status shall be treated with regard due to
Article 6, shall be posted, in the prisoners their rank and age.
own language, in places where all may read In order to ensure service in officers
them. Copies shall be supplied, on request, to camps, other ranks of the same armed forces
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who, as far as possible, speak the same 123. Circumstances Precluding
language, shall be assigned in sufficient Transfer
numbers, account being taken of the rank of Sick or wounded prisoners of war shall
officers and prisoners of equivalent status. not be transferred as long as their recovery
Such orderlies shall not be required to may be endangered by the journey, unless
perform any other work. their safety imperatively demands it.
Supervision of the mess by the officers If the combat zone draws closer to a
themselves shall be facilitated in every way. camp, the prisoners of war in the said camp
(GPW, art. 44.) shall not be transferred unless their transfer
can be carried out in adequate conditions of
121. Treatment of Other Prisoners safety, or unless they are exposed to greater
Prisoners of war other than officers and risks by remaining on the spot than by being
prisoners of equivalent status shall be treated transferred. (GPW, art. 47.)
with the regard due to their rank and age.
Supervision of the mess by the prisoners 124. Procedure for Transfer
themselves shall be facilitated in every way. In the event of transfer, prisoners of war
(GPW, art. 45.) shall be officially advised of their departure
and of their new postal address. Such
Section XI. TRANSFER OF notifications shall be given in time for them to
PRISONERS OF WAR pack their luggage and inform their next of
kin.
They shall be allowed to take with them
122. Conditions their personal effects, and the correspondence
The Detaining Power, when deciding and parcels which have arrived for them. The
upon the transfer of prisoners of war, shall weight of such baggage may be limited, if the
take into account the interests of the conditions of transfer so require, to what each
prisoners themselves, more especially so as prisoner can reasonably carry, which shall in
not to increase the difficulty of their no case be more than twenty-five kilograms
repatriation. [55 pounds] per head.
The transfer of prisoners of war shall Mail and parcels addressed to their
always be effected humanely and in former camp shall be forwarded to them
conditions not less favorable than those under without delay. The camp commander shall
which the forces of the Detaining Power are take, in agreement with the prisoners
transferred. Account shall always be taken of representative, any measures needed to
the climatic conditions to which the prisoners ensure the transport of the prisoners
of war are accustomed and the conditions of community property and of the luggage they
transfer shall in no case be prejudicial to are unable to take with them in consequence
their health. of restrictions imposed by virtue of the
The Detaining Power shall supply second paragraph of this Article.
prisoners of war during transfer with The costs of transfers shall be borne by
sufficient food and drinking water to keep the Detaining Power. (GPW, art. 48.)
them in good health, likewise the necessary
clothing, shelter and medical attention. The Section XII. LABOR OF
Detaining Power shall take adequate PRISONERS OF WAR
precautions especially in case of transport by
sea or by air, to ensure their safety during
transfer, and shall draw up a complete list of 125. General
all transferred prisoners before their The Detaining Power may utilize the
departure. (GPW, art. 46.) labour of prisoners of war who are physically
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fit, taking into account their age, sex, rank The Detaining Power, in utilizing the
and physical aptitude, and with a view labour of prisoners of war, shall ensure that
particularly to maintaining them in a good in areas in which such prisoners are
state of physical and mental health. employed, the national legislation concerning
Non-commissioned officers who are the protection of labour, and, more
prisoners of war shall only be required to do particularly, the regulations for the safety of
supervisory work. Those not so required may workers, are duly applied.
ask for other suitable work which shall, so far Prisoners of war shall receive training
as possible, be found for them. and be provided with the means of protection
If officers or persons of equivalent status suitable to the work they will have to do and
ask for suitable work, it shall be found for similar to those accorded to the nationals of
them, so far as possible, but they may in no the Detaining Power. Subject to the
circumstances be compelled to work. (GPW, provisions of Article 52, prisoners may be
art. 49.) submitted to the normal risks run by these
civilian workers.
126. Authorized Work Conditions of labour shall in no case be
Besides work connected with camp rendered more arduous by disciplinary
administration, installation or maintenance, measures. (GPW, art. 51.)
prisoners of war may be compelled to do only
such work as is included in the following 128. Dangerous or Humiliating Labor
classes: Unless he be a volunteer, no prisoner of
(a) agriculture; war may be employed on labour which is of
(b) industries connected with the an unhealthy or dangerous nature.
production or the extraction of raw materials, No prisoner of war shall be assigned to
and manufacturing industries, with the labour which would be looked upon as
exception of metallurgical, machinery and humiliating for a member of the Detaining
chemical industries; public works and Powers own forces.
building operations which have no military The removal of mines or similar devices
character or purpose; shall be considered as dangerous labour.
(c) transport and handling of stores which (GPW, art. 52.)
are not military in character or purpose;
(d) commercial business, and arts and 129. Duration of Labor
crafts; The duration of the daily labour of
(e) domestic service; prisoners of war, including the time of the
(f) public utility services having no journey to and from, shall not be excessive,
military character or purpose. and must in no case exceed that permitted for
Should the above provisions be infringed, civilian workers in the district, who are
prisoners of war shall be allowed to exercise nationals of the Detaining Power and
their right of complaint, in conformity with employed on the same work.
Article 78. (GPW, art. 50.) Prisoners of war must be allowed, in the
middle of the days work, a rest of not less
127. Working Conditions than one hour. This rest will be the same as
Prisoners of war must be granted suitable that to which workers of the Detaining Power
working conditions, especially as regards are entitled, if the latter is of longer duration.
accommodation, food, clothing and They shall be allowed in addition a rest of
equipment; such conditions shall not be twenty-four consecutive hours every week,
inferior to those enjoyed by nationals of the preferably on Sunday or the day of rest in
Detaining Power employed in similar work; their country of origin. Furthermore, every
account shall also be taken of climatic prisoner who has worked for one year shall
conditions. be granted a rest of eight consecutive days,
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during which his working pay shall be paid observance of the provisions of the present
him. Convention in labour detachments.
If methods of labour such as piece work The camp commander shall keep an up-
are employed, the length of the working to-date record of the labour detachments
period shall not be rendered excessive dependent on his camp, and shall
thereby. (GPW, art. 53.) communicate it to the delegates of the
Protecting Power, of the International
130. Working Pay and Occupational Committee of the Red Cross, or of other
Accidents and Disease agencies giving relief to prisoners of war, who
The working pay due to prisoners of war may visit the camp. (GPW, art. 56.)
shall be fixed in accordance with the
provisions of Article 62 of the present 133. Prisoners Working for Private
Convention. Employers
Prisoners of war who sustain accidents in The treatment of prisoners of war who
connection with work, or who contract a work for private persons, even if the latter
disease in the course, or in consequence of are responsible for guarding and protecting
their work, shall receive all the care their them, shall not be inferior to that which is
condition may re-quire. The Detaining Power provided for by the present Convention. The
shall furthermore deliver to such prisoners of Detaining Power, the military authorities and
war a medical certificate enabling them to the commander of the camp to which such
submit their claims to the Power on which prisoners belong shall be entirely responsible
they depend, and shall send a duplicate to the for the maintenance, care, treatment, and
Central Prisoners of War Agency provided payment of the working pay of such prisoners
for in Article 123. (GPW, art. 54.) of war.
Such prisoners of war shall have the right
131. Medical Supervision to remain in communication with the
The fitness of prisoners of war for work prisoners representatives in the camps on
shall be periodically verified by medical which they depend. (GPW, art. 57.)
examinations at least once a month. The
examinations shall have particular regard to Section XIII. FINANCIAL
the nature of the work which prisoners of war RESOURCES OF PRISONERS
are required to do. OF WAR
If any prisoner of war considers himself
incapable of working, we shall be permitted
to appear before the medical authorities of his
134. Ready Money
camp. Physicians or surgeons may
recommend that the prisoners who are, in Upon the outbreak of hostilities, and
their opinion, unfit for work, be exempted pending an arrangement on this matter with
therefrom. (GPW, art. 65.) the Protecting Power, the Detaining Power
may determine the maximum amount of
132. Labor Detachments money in cash or in any similar form, that
prisoners may have in their possession. Any
The organization and administration of
amount in excess, which was properly in their
labour detachments shall be similar to those
possession and which has been taken or
of prisoner of war camps.
withheld from them, shall be placed to their
Every labour detachment shall remain
account, together with any monies deposited
under the control of and administratively
by them, and shall not be converted into any
part of a prisoner of war camp. The military
other currency without their consent.
authorities and the commander of the said
If prisoners of war are permitted to
camp shall be responsible, under the
purchase services or commodities outside the
direction of their government, for the
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camp against payment in cash, such Furthermore, if the amounts indicated in
payments shall be made by the prisoner the first paragraph above would be unduly
himself or by the camp administration who high compared with the pay of the Detaining
will charge them to the accounts of the Powers armed forces or would, for any
prisoners concerned. The Detaining Power reason, seriously embarrass the Detaining
will establish the necessary rules in this Power, then, pending the conclusion of a
respect. (GPW, art. 58.) special agreement with the Power on which
the prisoners depend to vary the amounts
135. Amounts in Cash Taken From indicated above, the Detaining Power:
Prisoners (a) shall continue to credit the accounts of
Cash which was taken from prisoners of the prisoners with the amounts indicated in
war, in accordance with Article 18, at the the first paragraph above;
time of their capture, and which is in the (b) may temporarily limit the amount
currency of the Detaining Power, shall be made available from these advances of pay to
placed to their separate accounts, in prisoners of war for their own use, to sums
accordance with the provisions of Article 64 which are reasonable, but which, for
of the present Section. Category I, shall never be inferior to the
The amounts, in the currency of the amount that the Detaining Power gives to the
Detaining Power, due to the conversion of members of its own armed forces.
sums in other currencies that are taken from The reasons for any limitations will be
the prisoners of war at the same time, shall given without delay to the Protecting Power.
also be credited to their separate accounts. (GPW, art. 60.)
(GPW, art. 59.)
137. Supplementary Pay
136. Advances of Pay The Detaining Power shall accept for
The Detaining Power shall grant all distribution as supplementary pay to
prisoners of war a monthly advance of pay, prisoners of war sums which the Power on
the amount of which shall be fixed by which the prisoners depend may forward to
conversion, into the currency of the said them, on condition that the sums to be paid
Power, of the following amounts: shall be the same for each prisoner of the
Category I : Prisoners ranking below same category, shall be payable to all
sergeants: eight Swiss francs. prisoners of that category depending on that
Category II : Sergeants and other non- Power, and shall be placed in their separate
commissioned officers, or prisoners of accounts, at the earliest opportunity, in
equivalent rank: twelve Swiss francs. accordance with the pro-visions of Article 64.
Category III : Warrant officers and Such supplementary pay shall not relieve the
commissioned officers below the rank of Detaining Power of any obligation under this
major or prisoners of equivalent rank: fifty Convention. (GPW, art. 61.)
Swiss francs.
Category IV : Majors, lieutenant-colonels, 138. Working Pay
colonels, or prisoners of equivalent rank: Prisoners of war shall be paid a fair
sixty Swiss francs. working rate of pay by the detaining
Category V : General officers or authorities direct. The rate shall be fixed by
prisoners of war of equivalent rank: seventy- the said authorities, but shall at no time be
five Swiss francs. less than one-fourth of one Swiss franc for a
However, the Parties to the conflict full working day. The Detaining Power shall
concerned may by special agreement modify inform prisoners of war, as well as the Power
the amount of advances of pay due to on which they depend, through the
prisoners of the preceding categories. intermediary of the Protecting Power, of the
rate of daily working pay that it has fixed.
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Working pay shall likewise be paid by the shall be placed by it to the credit of the Power
detaining authorities to prisoners of war on which the prisoners depend.
permanently detailed to duties or to a skilled To apply the foregoing provisions, the
or semi-skilled occupation in connection with Detaining Power may usefully consult the
the administration, installation or Model Regulations in Annex V of the present
maintenance of camps, and to the prisoners Convention. (GPW, art. 63.)
who are required to carry out spiritual or
medical duties on behalf of their comrades. 140. Prisoners Accounts
The working pay of the prisoners The Detaining Power shall hold an
representative, of his advisers, if any, and of account for each prisoner of war, showing at
his assistants, shall be paid out of the fund least the following:
maintained by canteen profits. The scale of (1) The amounts due to the prisoner or
this working pay shall be fixed by the received by him as advances of pay, as
prisoners representative and approved by working pay or derived from any other
the camp commander. If there is no such source; the sums in the currency of the
fund, the detaining authorities shall pay these Detaining Power which were taken from him;
prisoners a fair working rate of pay. (GPW, the sums taken from him and converted at his
art. 62.) request into the currency of the said Power.
(2) The payments made to the prisoner in
139. Transfer of Funds cash, or in any other similar form; the
Prisoners of war shall be permitted to payments made on his behalf and at his
receive remittances of money addressed to request; the sum transferred under Article
them individually or collectively. 63, third paragraph. (GPW, art. 64.)
Every prisoner of war shall have at his
disposal the credit balance of his account as 141. Management of Prisoners
provided for in the following Article, within Accounts
the limits fixed by the Detaining Power, Every item entered into the account of a
which shall make such payments as are prisoner of war shall be countersigned or
requested. Subject to financial or monetary initialled by him, or by the prisoners
restrictions which the Detaining Power representative acting on his behalf.
regards as essential, prisoners of war may Prisoners of war shall at all times be
also have payments made abroad. In this case afforded reasonable facilities for consulting
payments addressed by prisoners of war to and obtaining copies of their accounts, which
dependents shall be given priority. may likewise be inspected by the
In any event, and subject to the consent of representatives of the Protecting Powers at
the Power on which they depend, prisoners the time of visits to the camp.
may have payments made in their own When prisoners of war are transferred
country, as follows: the Detaining Power shall from one camp to an-other, their personal
send to the aforesaid Power through the accounts will follow them. In case of transfer
Protecting Power, a notification giving all the from one Detaining Power to another, the
necessary particulars concerning the monies which are their property and are not
prisoners of war, the beneficiaries of the in the currency of the Detaining Power will
payments, and the amount of the sums to be follow them. They shall be given certificates
paid, expressed in the Detaining Powers for any other monies standing to the credit of
currency. The said notification shall be signed their accounts.
by the prisoners and countersigned by the The Parties to the conflict concerned may
camp commander. The Detaining Power shall agree to notify to each other at specific
debit the prisoners account by a intervals through the Protecting Power, the
corresponding amount; the sums thus debited amount of the accounts of the prisoners of
war. (GPW, art. 65.)
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142. Winding Up of Accounts given for it. This statement will be signed by a
On the termination of captivity, through responsible officer of the Detaining Power
the release of a prisoner of war or his and the medical particulars certified by a
repatriation, the Detaining Power shall give medical officer.
him a statement, signed by an authorized Any claim by a prisoner of war for
officer of that Power, showing the credit compensation in respect of personal effects,
balance then due to him. The Detaining monies or valuables impounded by the
Power shall also send through the Protecting Detaining Power under Article 18 and not
Power to the government upon which the forthcoming on his repatriation, or in respect
prisoner of war depends, lists giving all of loss alleged to be due to the fault of the
appropriate particulars of all prisoners of Detaining Power or any of its servants, shall
war whose captivity has been terminated by likewise be
repatriation, release, escape, death or any referred to the Power on which he
other means, and showing the amount of their depends. Nevertheless, any such personal
credit balances. Such lists shall be certified on effects required for use by the prisoners of
each sheet by an authorized representative of war whilst in captivity shall be replaced at the
the Detaining Power. expense of the Detaining Power. The
Any of the above provisions of this Article Detaining Power will, in all cases, provide the
may be varied by mutual agreement between prisoner of war with a statement, signed by a
any two Parties to the conflict. responsible officer, showing all available
The Power on which the prisoner of war information regarding the reasons why such
depends shall be responsible for settling with effects, monies or valuables have not been
him any credit balance due to him from the restored to him. A copy of this statement will
Detaining Power on the termination of his be forwarded to the Power on which he
depends through the Central Prisoners of
captivity. (GPW, art. 66.)
War Agency provided for in Article 123.
(GPW, art. 68.)
143. Adjustments Between Parties to
the Conflict
Section XIV. RELATIONS OF
Advances of pay, issued to prisoners of
war in conformity with Article 60, shall be PRISONERS OF WAR WITH THE
considered as made on behalf of the Power on EXTERIOR
which they depend. Such advances of pay, as
well as all payments made by the said Power
under Article 63, third paragraph, and 145. Notification of Measures Taken
Article 68, shall form the subject of Immediately upon prisoners of war
arrangements between the Powers concerned, falling into its power, the Detaining Power
at the close of hostilities. (GPW, art. 67.) shall inform them and the Powers on which
they depend, through the Protecting Power,
144. Claims for Compensation of the measures taken to carry out the
Any claim by a prisoner of war for provisions of the present Section. They shall
compensation in respect of any injury or likewise inform the parties concerned of any
other disability arising out of work shall be subsequent modifications of such measures.
referred to the Power on which he depends, (GPW, art. 69.)
through the Protecting Power. In accordance
with Article 54, the Detaining Power will, in 146. Capture Card
all cases, provide the prisoner of war Immediately upon capture, or not more
concerned with a statement showing the than one week after arrival at a camp, even if
nature of the injury or disability, the it is a transit camp, likewise in case of
circumstances in which it arose and sickness or transfer to hospital or to another
particulars of medical or hospital treatment
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camp, every prisoner of war shall be enabled native language. The Parties to the conflict
to write direct to his family, on the one hand, may allow correspondence in other
and to the Central Prisoners of War Agency languages.
provided for in Article 123, on the other Sacks containing prisoner of war mail
hand, a card similar, if possible, to the model must be securely sealed and labeled so as
annexed to the present Convention, informing clearly to indicate their contents, and must be
his relatives of his capture, address and state addressed to offices of destination. (GPW, art.
of health. The said cards shall be forwarded 71.)
as rapidly as possible and may not be delayed
in any manner. (GPW, art. 70.) 148. Relief Shipments
Prisoners of war shall be allowed to
147. Correspondence receive by post or by any other means
Prisoners of war shall be allowed to send individual parcels or collective shipments
and receive letters and cards. If the Detaining containing, in particular, foodstuffs, clothing,
Power deems it necessary to limit the number medical supplies and articles of a religious,
of letters and cards sent by each prisoner of educational or recreational character which
war, the said number shall not be less than may meet their needs, including books,
two letters and four cards monthly, exclusive devotional articles, scientific equipment,
of the capture cards provided for in Article examination papers musical instruments
70, and conforming as closely as possible to sports outfits and materials allowing
the models annexed to the present prisoners of war to pursue their studies or
Convention. Further limitations may be their cultural activities.
imposed only if the Protecting Power is Such shipments shall in no way free the
satisfied that it would be in the interests of Detaining Power from the obligations
the prisoners of war concerned to do so owing imposed upon it by virtue of the present
to difficulties of translation caused by the Convention.
Detaining Powers in-ability to find sufficient The only limits which may be placed on
qualified linguists to carry out the necessary these shipments shall be those proposed by
censorship. If limitations must be placed on the Protecting Power in the interest of the
the correspondence addressed to prisoners of prisoners themselves, or by the International
war, they may be ordered only by the Power Committee of the Red Cross or any other
on which the prisoners depend, possibly at organization giving assistance to the
the request of the Detaining Power. Such prisoners, in respect of their own shipments
letters and cards must be conveyed by the only, on account of exceptional strain on
most rapid method at the disposal of the transport or communications.
Detaining Power; they may not be delayed or The conditions for the sending of
retained for disciplinary reasons. individual parcels and collective relief shall, if
Prisoners of war who have been without necessary, be the subject of special
news for a long period, or who are unable to agreements between the Powers concerned,
receive news from their next of kin or to give which may in no case delay the receipt by the
them news by the ordinary postal route, as prisoners of relief supplies Books may not be
well as those who are at a great distance from included in parcels of clothing and foodstuffs.
their homes, shall be permitted to send Medical supplies shall, as a rule be sent in
telegrams, the fees being charged against the collective parcels. (GPW, art. 72.)
prisoners of wars accounts with the
Detaining Power or paid in the currency at 149. Special Agreements for
their disposal. They shall likewise benefit by Collective Relief Shipments
this measure in cases of urgency. In the absence of special agreements
As a general rule, the correspondence of between the Powers concerned on the
prisoners of war shall be written in their conditions for the receipt and distribution of
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collective relief shipments, the rules and The High Contracting Parties shall
regulations concerning collective shipments, endeavour to reduce, so far as possible, the
which are annexed to the present Convention, rates charged for telegrams sent by prisoners
shall be applied. of war, or addressed to them. (GPW, art. 74.)
The special agreements referred to above b. The Universal Postal Convention
shall in no case restrict the right of prisoners provides that correspondence, parcel post,
representatives to take possession of collective insured letters and boxes and postal money
relief shipments intended for prisoners of orders ad-dressed to, or sent by, prisoners of war
war, to proceed to their distribution or to and interned civilians are exempt from postal
dispose of them in the interest of the charges. (Article 37, Universal Postal
prisoners. Convention of 1952, T. I. A. S. 2800.)
Nor shall such agreements restrict the To enjoy these franking privileges the article
right of representatives of the Protecting must bear the notation Service des prisonniers
Power, the International Committee of the de guerre (Prisoners of War Service) or
Red Cross or any other organization giving Service des internes (Internees Service) which
assistance to prisoners of war and responsible may be followed by a translation.
for the forwarding of collective shipments, to
supervise their distribution to the recipients. 151. Special Means of Transport
(GPW, art. 73.) Should military operations prevent the
Powers concerned from fulfilling their
150. Exemption From Postal and obligation to assure the transport of the
Transport Charges shipments referred to in Articles 70, 71, 72
a. Treaty Provision. and 77, the Protecting Powers concerned, the
All relief shipments for prisoners of war International Committee of the Red Cross or
shall be exempt from import, customs and any other organization duly approved by the
other dues. Parties to the conflict may undertake to
Correspondence relief shipments and ensure the conveyance of such shipments by
authorized remittances of money addressed to suitable means (railway wagons, motor
prisoners of war or dispatched by them vehicles, vessels or aircraft, etc.). For this
through the post office, either direct or purpose, the High Contracting Parties shall
through the Information Bureaux provided endeavour to supply them with such
for in Article 122 and the Central Prisoners transport and to allow its circulation,
of War Agency provided for in Article 123, especially by granting the necessary safe-
shall be exempt from any postal dues, both in conducts.
the countries of origin and destination, and in Such transport may also be used to
intermediate countries. convey:
If relief shipments intended for prisoners (a) correspondence, lifts and reports
of war cannot be sent through the post office exchanged between the Central Information
by reason of weight or for any other cause, Agency referred to in Article 123 and the
the cost of transportation shall be borne by National Bureaux referred to in Article 122;
the Detaining Power in all the territories (b) correspondence and reports relating
under its control. The other Powers party to to prisoners of war which the Protecting
the Convention shall bear the cost of Powers, the International Committee of the
transport in their respective territories. Red Cross or any other body assisting the
In the absence of special agreements prisoners, exchange either with their own
between the Parties concerned, the costs delegates or with the Parties to the conflict.
connected with transport of such shipments, These provisions in no way detract from
other than costs covered by the above the right of any Party to the conflict to
exemption, shall be charged to the senders. arrange other means of transport, if it should
so prefer, nor preclude the granting of safe-
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conducts, under mutually agreed conditions, Section XV. RELATIONS OF
to such means of transport.
In the absence of special agreements, the
PRISONERS OF WAR AND THE
costs occasioned by the use of such means of AUTHORITIES
transport shall be borne proportionately by
the Parties to the conflict whose nationals are
benefited thereby.(GPW, art. 75.) 154. Complaints and Requests
Prisoners of war shall have the right to
152. Censorship and Examination make known to the military authorities in
The censoring of correspondence whose power they are, their requests
addressed to prisoners of war or dispatched regarding the conditions of captivity to which
by them shall be done as quickly as possible. they are subjected.
Mail shall be censored only by the They shall also have the unrestricted right
dispatching State and the receiving State, and to apply to the representatives of the
once only by each. Protecting Powers either through their
The examination of consignments prisoners representative or, if they consider
intended for prisoners of war shall not be it necessary, direct, in order to draw their
carried out under conditions that will expose attention to any points on which they may
the goods contained in them to deterioration; have complaints to make regarding their
except in the case of written or printed conditions of captivity.
matter, it shall be done in the presence of the These requests and complaints shall not
addressee, or of a fellow-prisoner duly be limited nor considered to be a part of the
delegated by him. The delivery to prisoners of correspondence quota referred to in Article
individual or collective consignments shall 71. They must be transmitted immediately.
not be delayed under the pretext of Even if they are recognized to be unfounded,
difficulties of censorship. they may not give rise to any punishment.
Any prohibition of correspondence Prisoners representatives may send
ordered by Parties to the conflict either for periodic reports on the situation in the camps
military or political reasons, shall be only and the needs of the prisoners of war to the
temporary and its duration shall be as short representatives of the Protecting Powers.
as possible. (GPW, art. 76.) (GPW, art. 78.)
153. Preparation, Execution, and 155. Election of Prisoners

Transmission of Legal Representatives
Documents In all places where there are prisoners of
The Detaining Powers shall provide all war, except in those where there are officers,
facilities for the transmission, through the the prisoners shall freely elect by secret
Protecting Power or the Central Prisoners of ballot, every six months, and also in case of
War Agency provided for in Article 123, of vacancies, prisoners representatives
instrument papers or documents intended for entrusted with representing them before the
prisoners of war or dispatched by them, military authorities, the Protecting Powers,
especially powers of attorney and wills. the International Committee of the Red Cross
In all cases they shall facilitate the and any ether organization which may assist
preparation and execution of such documents them. These prisoners representatives shall
on behalf of prisoners of war; in particular, be eligible for re-election.
they shall allow them to consult a lawyer and In camps for officers and persons of
shall take what measures are necessary for equivalent status or in mixed camps, the
the authentication of their signatures. (GPW, senior officer among the prisoners of war
art. 77.) shall be recognized as the camp prisoners
representative. In camps for officers, he shall
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be assisted by one or more advisers chosen by b. Rights and Duties. The rights and duties
the officers; in mixed camps, his assistants of prisoners representatives are set forth in the
shall be chosen from among the prisoners of following articles of GPW: 57 (par.133); 78-81
war who are not officers and shall be elected (paras. 154-157); 98 (par. 174); 104 (par. 180);
by them. 107 (par. 183); 125 (par. 206); and 127 (par. 14).
Officer prisoners of war of the same
nationality shall be stationed in labour camps 157. Prerogatives of Prisoners
for prisoners of war, for the purpose of Representatives
carrying out the camp administration duties Prisoners representatives shall not be
for which the prisoners of war are required to perform any other work, if the
responsible. These officers may be elected as accomplishment of their duties is thereby
prisoners representatives under the first made more difficult.
paragraph of this Article. In such a case the Prisoners representatives may appoint
assistants to the prisoners representatives from amongst the prisoners such assistants as
shall be chosen from among those prisoners they may require. All material facilities shall
of war who are not officers. be granted them, particularly a certain
Every representative elected must be freedom of movement necessary for the
approved by the Detaining Power before he accomplishment of their duties (inspection of
has the right to commence his duties. Where labour detachments, receipt of supplies, etc.).
the Detaining Power refuses to approve a Prisoners representatives shall be
prisoner of war elected by his fellow prisoners permitted to visit premises where prisoners of
of war, it must inform the Protecting Power war are detained, and every prisoner of war
of the reason for such refusal. shall have the right to consult freely his
In all cases the prisoners representative prisoners representative.
must have the same nationality, language and All facilities shall likewise be accorded to
customs as the prisoners of war whom he the prisoners representatives for
represents. Thus, prisoners of war distributed communication by post and telegraph with
in different sections of a camp, according to the detaining authorities the Protecting
their nationality, language or customs, shall Powers, the International Committee of the
have for each section their own prisoners Red Cross and their delegates, the Mixed
representative, in accordance with the Medical Commissions and the bodies which
foregoing paragraphs (GPW, art. 79.) give assistance to prisoners of war.
Prisoners representatives of labour
156. Duties of Prisoners detachment shall enjoy the same facilities for
Representatives communication with the prisoners
a. Treaty Provision. representatives of the principal camp. Such
Prisoners representatives shall further communications shall not be restricted, nor
the physical, spiritual and intellectual well- considered as forming a part of the quota
being of prisoners of war. mentioned in Article 71.
In particular, where the prisoners decide Prisoners representatives who are
to organize amongst themselves a system of transferred shall be allowed a reasonable
mutual assistance, this organization will be time to acquaint their successors with current
within the province of the prisoners affairs.
representative, in addition to the special In case of dismissal, the reasons therefor
duties entrusted to him by other provisions of shall be communicated to the Protecting
the present Convention. Prisoners Power. (GP W, art. 81.)
representatives shall not be held responsible
simply by reason of their duties, for any Section XVI. PENAL AND
offences committed by prisoners of war.
DISCIPLINARY SANCTIONS
(GPW, art. 80.)
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158. Applicable Legislation as generally recognized, and, in particular,
a. Prisoners of War. the procedure of which does not afford the
A prisoner of war shall be subject to the accused the rights and means of defense
laws, regulations and orders in force in the provided for in Article 105. (GPW, art. 84.)
armed forces of the Detaining Power; the
Detaining Power shall be justified in taking 161. Acts Committed Before Capture
judicial or disciplinary measures in respect of a. Treaty Provision.
any offence committed by a prisoner of war Prisoners of war prosecuted under the
against such laws, regulations or orders. laws of the Detaining Power for acts
However, no proceedings or punishments committed prior to capture shall retain, even
contrary to the provisions of this Chapter if convicted, the benefits of the present
shall be allowed. Convention. (GPW, art. 85.)
If any law, regulation or order of the b. Applicability. The foregoing provision
Detaining Power shall declare acts committed applies only to personnel who are entitled to
by a prisoner of war to be punishable, treatment as prisoners of war, including
whereas the same acts would not be prisoners accused of war crimes under
punishable if committed by a member of the international or national law.
forces of the Detaining Power, such acts shall c. In signing and ratifying GPW several
entail disciplinary punishments only. (GPW, nations indicated that they would not consider
art. 82.) themselves bound by the obligation which
b. Retained Medical Personnel, Chaplains, follows from the foregoing provision to extend
and Persons of Like Status. Retained medical the application of the Convention to prisoners of
personnel, chaplains, and persons of like status war who have been convicted of having
benefit from the disciplinary and penal committed war crimes and crimes against
safeguards prescribed by Articles 82-108, GPW humanity and that persons so convicted would
(paras. 158-184). be subject to the conditions obtaining in the
country in question for those who undergo
159. Choice of Disciplinary or punishment.
Judicial Proceeding
In deciding whether proceedings in 162. Repetition of Punishment
respect of an offence alleged to have been No prisoner of war may be punished
committed by a prisoner of war shall be more than once for the same act or on the
judicial or disciplinary, the Detaining Power same charge. (GPW, art. 86.)
shall ensure that the competent authorities
exercise the greatest leniency and adopt, 163. Penalties
wherever possible, disciplinary rather than a. Treaty Provision.
judicial measures. (GPW, art. 83.) Prisoners of war may not be sentenced by
the military authorities and courts of the
160. Courts Detaining Power to any penalties except those
A prisoner of war shall be tried only by a provided for in respect of members of the
military court, unless existing laws of the armed forces of the said Power who have
Detaining Power expressly permit the civil committed the same acts.
courts to try a member of the armed forces of When fixing the penalty, the courts or
the Detaining Power in respect of the authorities of the Detaining Power shall take
particular offence alleged to have been into consideration, to the widest extent
committed by the prisoner of war. possible, the fact that the accused, not being a
In no circumstances whatever shall a national of the Detaining Power, is not bound
prisoner of war be tried by a court of any to it by any duty of allegiance, and that he is
kind which does not offer the essential in its power as the result of circumstances
guarantees of independence and impartiality independent of his own will. The said courts
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or authorities shall beat liberty to reduce the and 62 during a period of not more than
penalty provided for the violation of which thirty days.
the prisoner of war is accused, and shall (2) Discontinuance of privileges granted
therefore not be bound to apply the minimum over and above the treatment provided for by
penalty prescribed. the present Convention.
Collective punishment for individual acts, (3) Fatigue duties not exceeding two
corporal punishment, imprisonment in hours daily.
premises without daylight and, in general, (4) Confinement.
any form of torture or cruelty, are forbidden. The punishment referred to under (3)
No prisoner of war maybe deprived of his shall not be applied to officers.
rank by the Detaining Power, or prevented In no case shall disciplinary punishments
from wearing his badges (GPW, art. 87.) be inhuman, brutal or dangerous to the
b. Persons to Whom Applicable. The health of prisoners of war. (GPW, art. 89.)
foregoing provision applies only to personnel
who are entitled to treatment as prisoners of war, 166. Duration of Disciplinary
including prisoners accused of war crimes. Punishment
The duration of any single punishment
164. Execution of Penalties shall in no case exceed thirty days. Any
Officers, non-commissioned officers and period of confinement awaiting the hearing of
men who are prisoners of war undergoing a a disciplinary offence or the award of
disciplinary or judicial punishment, shall not disciplinary punishment shall be deducted
be subjected to more severe treatment than from an award pronounced against a
that applied in respect of the same prisoner of war.
punishment to members of the armed forces The maximum of thirty days provided
of the Detaining Power of equivalent rank. above may not be exceeded, even if the
A woman prisoner of war shall not be prisoner of war is answerable for several acts
awarded or sentenced to a punishment more at the same time when he is awarded
severe, or treated whilst undergoing punishment whether such acts are related or
punishment more severely, than a woman not.
member of the armed forces of the Detaining The period between the pronouncing of
Power dealt with for a similar offence. an award of disciplinary punishment and its
In no case may a woman prisoner of war execution shall not exceed one month.
be awarded or sentenced to a punishment When a prisoner of war is awarded a
more severe, or treated whilst undergoing further disciplinary punishment, a period of
punishment more severely, than a male at least three days shall elapse between the
member of the armed forces of the Detaining execution of any two of the punishments, if
Power dealt with for a similar offence. the duration of one of these is ten days or
Prisoners of war who have served more. (GPW, art. 90.)
disciplinary or judicial sentences may not be
treated differently from other prisoners of 167. Successful Escape
war. (GPW, art. 88.) The escape of a prisoner of war shall be
deemed to have succeeded when:
165. Forms of Disciplinary (1) he has joined the armed forces of the
Punishment Power on which he depends, or those of an
The disciplinary punishments applicable allied Power;
to prisoners of war are the following: (2) he has left the territory under the
(1) A fine which shall not exceed 50 per control of the Detaining Power, or of an ally
cent of the advances of pay and working pay of the said Power;
which the prisoner of war would otherwise (3) he has joined a ship flying the flag of
receive under the provisions of Articles 60 the Power on which he depends, or of an
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allied Power, in the territorial waters of the on this count to disciplinary punishment only.
Detaining Power, the said ship not being (GPW, art. 93.)
under the control of the last named Power.
Prisoners of war who have made good 170. Notification of Recapture
their escape in the sense of this Article and If an escaped prisoner of war is
who are recaptured, shall not be liable to any recaptured, the Power on which he depends
punishment in respect of their previous shall be notified thereof in the manner
escape. (GPW, art. 91.) defined in Article 122, provided notification
of his escape has been made. (GPW, art. 94.)
168. Unsuccessful Escape
A prisoner of war who attempts to escape 171. Confinement Awaiting Hearing
and is recaptured before having made good A prisoner of war accused of an offence
his escape in the sense of Article 91 shall be against discipline shall not be kept in
liable only to a disciplinary punishment in confinement pending the hearing unless a
respect of this act, even if it is a repeated member of the armed forces of the Detaining
offence. Power would be so kept if he were accused of
A prisoner of war who is recaptured shall a similar offence, or if it is essential in the
be handed over with-out delay to the interests of camp order and discipline.
competent military authority. Any period spent by a prisoner of war in
Article 88, fourth paragraph, confinement awaiting the disposal of an
notwithstanding, prisoners of war punished offense against discipline shall be reduced to
as a result of an unsuccessful escape may be an absolute minimum and shall not exceed
subjected to special surveillance. Such fourteen days.
surveillance must not affect the state of their The provisions of Articles 97 and 98 of
health, must be undergone in a prisoner of this Chapter shall apply to prisoners of war
war camp, and must not entail the who are in confinement awaiting the disposal
suppression of any of the safe-guards granted of offences against discipline. (GPW, art. 95.)
them by the present Convention. (GPW, art.
92.) 172. Competent Authorities and
Right of Defense
169. Connected Offenses
Escape or attempt to escape, even if it is a Acts which constitute offences against
repeated offence, shall not be deemed an discipline shall be investigated immediately.
aggravating circumstance if the prisoner of Without prejudice to the competence of
war is subjected to trial by judicial courts and superior military authorities,
proceedings in respect of an offence disciplinary punishment may be ordered only
committed during his escape or attempt to by an officer having disciplinary powers in
escape. his capacity as camp commander, or by a
In conformity with the principle stated in responsible officer who replaces him or to
Article 83, offences committed by prisoners of whom he has delegated his disciplinary
war with the sole intention of facilitating their powers.
escape and which do not entail any violence In no case may such powers be delegated
against life or limb, such as offences against to a prisoner of war or be exercised by a
public property, theft without intention of prisoner of war.
self-enrichment, the drawing up or use of Before any disciplinary award is
false papers, or the wearing of civilian pronounced, the accused shall be given
clothing, shall occasion disciplinary precise information regarding the offences of
punishment only. which he is accused, and given an opportunity
Prisoners of war who aid or abet an of explaining his conduct and of defending
escape or an attempt to escape shall be liable himself. He shall be permitted, in particular,
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to call witnesses and to have recourse, if provisions of this Convention except in so far
necessary, to the services of a qualified as these are necessarily rendered inapplicable
interpreter. The decision shall be announced by the mere fact that he is confined. In no
to the accused prisoner of war and to the case may he be deprived of the benefits of the
prisoners representative. provisions of Articles 78 and 126.
A record of disciplinary punishments A prisoner of war awarded disciplinary
shall be maintained by the camp commander punishment may not be deprived of the
and shall be open to inspection by prerogatives attached to his rank.
representatives of the Protecting Power. Prisoners of war awarded disciplinary
(GPW, art. 96.) punishment shall be allowed to exercise and
b. Officers Exercising Disciplinary to stay in the open air at least two hours
Jurisdiction. Either a camp commander, or a daily.
responsible officer who replaces him, or an They shall be allowed, on their request, to
officer to whom he has delegated disciplinary be present at the daily medical inspections.
powers may impose disciplinary punishments on They shall receive the attention which their
prisoners of war interned by the United States state of health requires and, if necessary,
within the permissible limits established in shall be removed to the camp infirmary or to
Article 89, GPW (par. 165). It is not necessary a hospital.
that he be designated as summary court officer, They shall have permission to read and
and he is not subject to the limitations on the write, likewise to send and receive letters.
duration of commanding officers nonjudicial Parcels and remittances of money however,
punishment established by Article 15 of the may be withheld from them until the
Uniform Code of Military Justice. completion of the punishment; they shall
meanwhile be entrusted to the prisoners
173. Premises for Execution of representative, who will hand over to the
Punishment infirmary the perishable goods contained in
Prisoners of war shall not in any case be such parcels. (GPW, art. 98.)
transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.) 175. Judicial Proceedings: General
to undergo disciplinary punishment therein. Principles
All premises in which disciplinary No prisoner of war maybe tried or
punishments are undergone shall conform to sentenced for an act which is not forbidden
the sanitary requirements set forth in Article by the law of the Detaining Power or by inter-
25. A prisoner of war undergoing punishment national law, in force at the time the said act
shall be enabled to keep himself in a state of was committed.
cleanliness, in conformity with Article 29. No moral or physical coercion may be
Officers and persons of equivalent status exerted on a prisoner of war in order to
shall not be lodged in the same quarters as induce him to admit himself guilty of the act
non-commissioned officers or men. of which he is accused.
Women prisoners of war undergoing No prisoner of war may be convicted
disciplinary punishment shall be confined in without having had an opportunity to present
separate quarters from male prisoners of war his defence and the assistance of a qualified
and shall be under the immediate supervision advocate or counsel. (GPW, art. 99.)
of women. (GPW, art. 97.)
176. Death Penalty
174. Essential Safeguards During Prisoners of war and the Protecting
Punishment Powers shall be informed as soon as possible
A prisoner of war undergoing of the offences which am punishable by the
confinement as a disciplinary punishment, death sentence under the laws of the
shall continue to enjoy the benefits of the Detaining Power.
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Other offences shall not thereafter be 179. Confinement Awaiting Trial
made punishable by the death penalty Judicial investigations relating to a
without the concurrence of the Power on prisoner of war shall be conducted as rapidly
which the prisoners of war depend. as circumstances permit and so that his trial
The death sentence cannot be pronounced shall take place as soon as possible. A
on a prisoner of war unless the attention of prisoner of war shall not be confined while
the court has, in accordance with Article 87, awaiting trial unless a member of the armed
second paragraph, been particularly called to forces of the Detaining Power would be so
the fact that since the accused is not a confined if he were accused of a similar
national of the Detaining Power, he is not offence, or if it is essential to do so in the
bound to it by any duty of allegiance, and that interests of national security. In no
he is in its power as the result of circumstances shall this confinement exceed
circumstances independent of his own will. three months.
(GPW, art. 100.) Any period spent by a prisoner of war in
confinement awaiting trial shall be deducted
177. Delay in Execution of the Death from any sentence of imprisonment passed
Penalty upon him and taken into account in fixing
If the death penalty is pronounced on a any penalty.
prisoner of war, the sentence shall not be The provisions of Articles 97 and 98 of
executed before the expiration of a period of this Chapter shall apply to a prisoner of war
at least six months from the date when the whilst in confinement awaiting trial. (GPW,
Protecting Power receives, at an indicated art. 103.)
address, the detailed communication
provided for in Article 107. (GPW, art. 101.) 180. Notification of Proceedings
In any case in which the Detaining Power
178. Conditions for Validity of has decided to institute judicial proceedings
Sentence against a prisoner of war, it shall notify the
a. Treaty Provision. Protecting Power as soon as possible and at
A prisoner of war can be validly least three weeks before the opening of the
sentenced only if the sentence has been trial. This period of three weeks shall run as
pronounced by the same courts according to from the day on which such notification
the same procedure as in the case of members reaches the Protecting Power at the address
of the armed forces of the Detaining Power, previously indicated by the latter to the
and if, furthermore, the provisions of the Detaining Power.
present Chapter have been observed. (GPW, The said notification shall contain the
art. 102.) following information:
b. Interpretation. Prisoners of war, (1) Surname and first names of the
including those accused of war crimes against prisoner of war, his rank, his army,
whom judicial proceedings are instituted, are regimental, personal or serial number, his
subject to the jurisdiction of United States date of birth, and his profession or trade, if
courts-martial and military commissions. They any;
are entitled to the same procedural safeguards (2) Place of internment or confinement;
accorded to military personnel of the United (3) Specification of the charge or charges
States who are tried by courts-martial under the on which the prisoner of war is to be
Uniform Code of Military Justice or by other arraigned, giving the legal provisions
military tribunals under the laws of war. (See applicable;
UCMJ, arts. 2 (9), 18, and 21.) (4) Designation of the court which will
try the case, likewise the date and place fixed
for the opening of the trial.
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The same communication shall be made which he understands, and in good time
by the Detaining Power to the prisoners before the opening of the trial. The same
representative. communication in the same circumstances
If no evidence is submitted, at the opening shall be made to the advocate or counsel
of a trial, that the notification referred to conducting the defence on behalf of the
above was received by the Protecting Power, prisoner of war.
by the prisoner of war and by the prisoners The representatives of the Protecting
representative concerned, at least three weeks Power shall be entitled to attend the trial of
before the opening of the trial, then the latter the case, unless, exceptionally, this is held in
cannot take place and must be adjourned. camera in the interest of State security. In
(GPW, art. 104.) such a case the Detaining Power shall advise
the Protecting Power accordingly. (GPW, art.
181. Rights and Means of Defense 105.)
The prisoner of war shall be entitled to
assistance by one of his prisoner comrades, to 182. Appeals
defense by a qualified advocate or counsel of Every prisoner of war shall have, in the
his own choice, to the calling of witnesses and, same manner as the embers of the armed
if he deems necessary, to the services of a forces of the Detaining Power, the right of
competent interpreter. He shall be advised of appeal or petition from any sentence
these rights by the Detaining Power in due pronounced upon him, with a view to the
time before the trial. quashing or revising of the sentence or the
Failing a choice by the prisoner of war, reopening of the trial. He shall be fully
the Protecting Power shall find him an informed of his right to appeal or petition and
advocate or counsel, and shall have at least of the time limit within which he may do so.
one week at its disposal for the purpose. The (GPW, art. 106.)
Detaining Power shall deliver to the said
Power, on request, a list of persons qualified 183. Notification of Finding and
to present the defence. Failing a choice of an Sentence
advocate or counsel by the prisoner of war or Any judgment and sentence pronounced
the Protecting Power, the Detaining Power upon a prisoner of war shall be immediately
shall appoint a competent advocate or counsel reported to the Protecting Power in the form
to conduct the defence. of a summary communication, which shall
The advocate or counsel conducting the also indicate whether he has the right of
defence on behalf of the prisoner of war shall appeal with a view to the quashing of the
have at his disposal a period of two weeks at sentence or the reopening of the trial. This
least before the opening of the trial, as well as communication shall likewise be sent to the
the necessary facilities to prepare the defence prisoners representative concerned. It shall
of the accused. He may, in particular, freely also be sent to the accused prisoner of war in
visit the accused and interview him in private. a language he understands, if the sentence
He may also confer with any witnesses for the was not pronounced in his presence. The
defence, including prisoners of war. He shall Detaining Power shall also immediately
have the benefit of these facilities until the communicate to the Protecting Power the
term of appeal or petition has expired. decision of the prisoner of war to use or to
Particulars of the charge or charges on waive his right of appeal.
which the prisoner of war is to be arraigned, Furthermore, if a prisoner of war is
as well as the documents which are generally finally convicted or if a sentence pronounced
communicated to the accused by virtue of the on a prisoner of war in the first instance is a
laws in force in the armed forces of the death sentence, the Detaining Power shall as
Detaining Power, shall be communicated to soon as possible address to the Protecting
the accused prisoner of war in a language Power a detailed communication containing:
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(1) the precise wording of the finding and Prisoners of war maybe partially or
sentence; wholly released on parole or promise, in so
(2) a summarized report of any far as is allowed by the laws of the Power on
preliminary investigation and of the trial, which they depend. Such measures shall be
emphasizing in particular the elements of the taken particularly in cases where this may
prosecution and the defence; contribute to the improvement of their state
(3) notification, where applicable, of the of health. No prisoner of war shall be
establishment where the sentence will be compelled to accept liberty on parole or
served. promise.
The communications provided for in the Upon the outbreak of hostilities, each
foregoing sub-paragraphs shall be sent to the Party to the conflict shall notify the adverse
Protecting Power at the address previously Party of the laws and regulations allowing or
made known to the Detaining Power. (GPW, forbidding its own nationals to accept liberty
art. 107.) on parole or promise. Prisoners of war who
are paroled or who have given their promise
184. Execution of Penalties in conformity with the laws and regulations
Sentences pronounced on prisoners of so notified, are bound on their personal
war after a conviction has become duly honour scrupulously to fulfil, both towards
enforceable, shall be served in the same the Power on which they depend and towards
establishments and under the same conditions the Power which has captured them, the
as in the ease of members of the armed forces engagements of their paroles or promises. In
of the Detaining Power. These conditions such cases, the Power on which they depend
shall in all cases conform to the requirements is bound neither to require nor to accept from
of health and humanity. them any service incompatible with the
A woman prisoner of war on whom such parole or promise given. (GPW, art. 21, 2d
a sentence has been pronounced shall be and 3d paras.)
confined in separate quarters and shall be b. Violation of Parole. Persons who violate
under the supervision of women. the terms of their paroles are, upon recapture,
In any case, prisoners of war sentenced to treated as prisoners of war but may be punished
a penalty depriving them of their liberty shall under the provisions of Article 134 of the
retain the benefit of the provisions of Articles Uniform Code of Military Justice for violation
78 and 126 of the present Convention. of parole.
Furthermore, they shall be entitled to receive
and despatch correspondence, to receive at 186. Form and Substance of Parole
least one relief parcel monthly, to take The parole should be in writing and signed
regular exercise in the open air, to have the by the prisoner. It should state in clear and
medical care required by their state of health, unequivocal language exactly what acts the
and the spiritual assistance they may desire. prisoner is obligated not to do, particularly as to
Penalties to which they may be subjected whether he is bound to refrain from all acts
shall be in accordance with the provisions of against the captor or only from taking part
Article 87, third paragraph. (GPW, art. 108.) directly in military operations.
Section XVII. TERMINATION OF 187. Parole of United States

CAPTIVITY Personnel
a. General Prohibition. Subject to the
exception set forth in the following
185. Parole Permitted If Laws of Their subparagraph, military personnel of the United
Country Allow States Army are forbidden to give their parole to
a. Treaty Provision. a Detaining Power.
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b. Temporary Parole. A member of the against his will during hostilities. (GPW, art.
United States Army may be authorized to give 109.)
his parole to the enemy that he will not attempt
to escape, if such parole is authorized for the 189. Cases of Repatriation and
specific purpose of permitting him to perform Accommodation
certain acts materially contributing to the The following shall be repatriated direct:
welfare of himself or of his fellow prisoners. (1) Incurably wounded and sick whose
Such authorization will extend only for such a mental or physical fitness seems to have been
short period of time as is reasonably necessary gravely diminished.
for the performance of such acts and will not (2) Wounded and sick who, according to
normally be granted solely to provide respite medical opinion, are not likely to recover
from the routine rigors of confinement or for within one year, whose condition requires
other purely personal relief. A parole of this treatment and whose mental or physical
nature may be authorized, for example, to permit fitness-seems to have been gravely
a prisoner to visit a medical establishment for diminished.
treatment or to allow a medical officer or (3) Wounded and sick who have
chaplain to carry out his normal duties. A recovered, but whose mental or physical
member of the United States Army may give a fitness seems to have been gravely and
parole of this nature only when specifically permanently diminished.
authorized to do so by the senior officer or non- The following may be accommodated in a
commissioned officer exercising command neutral country:
authority. (1) Wounded and sick whose recovery
may be expected within one year of the date
188. Direct Repatriation and of the wound or the beginning of the illness, if
Accommodation in Neutral treatment in a neutral country might increase
Countries of Wounded and Sick the prospects of a more certain and speedy
Subject to the provisions of the third recovery.
paragraph of this Article, Parties to the (2) Prisoners of war whose mental or
conflict are bound to send back to their own physical health, according to medical opinion,
country, regardless of number or rank, is seriously threatened by continued captivity,
seriously wounded and seriously sick but whose accommodation in a neutral
prisoners of war, after having cared for them country might remove such a threat.
until they are fit to travel, in accordance with The conditions which prisoners of war
the first paragraph of the following Article. accommodated in a neutral country must
Throughout the duration of hostilities, fulfill in order to permit their repatriation
Parties to the conflict shall endeavour, with shall be fixed, as shall likewise their status, by
the cooperation of the neutral Powers agreement between the Powers concerned. In
concerned, to make arrangements for the general, prisoners of war who have been
accommodation in neutral countries of the accommodated in a neutral country, and who
sick and wounded prisoners of war referred belong to the following categories, should be
to in the second paragraph of the following repatriated:
Article. They may, in addition, conclude (1) Those whose state of health has
agreements with a view to the direct deteriorated so as to fulfil the conditions laid
repatriation or internment in a neutral down for direct repatriation;
country of able-bodied prisoners of war who (2) Those whose mental or physical
have undergone a long period of captivity. powers remain, even after treatment,
No sick or injured prisoner of war who is considerably impaired.
eligible for repatriation under the first If no special agreements are concluded
paragraph of this Article, may be repatriated between the Parties to the conflict concerned,
to determine the cases of disablement or
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sickness entailing direct repatriation or nationality, or a national of a Party to the
accommodation in a neutral country, such conflict allied with the Power on which the
cases shall be settled in accordance with the said prisoners depend, and who exercises his
principles laid down in the Model Agreement functions in the camp.
concerning direct repatriation and (2) Wounded and sick proposed by their
accommodation in neutral countries of prisoners representative.
wounded and sick prisoners of war and in the (3) Wounded and sick proposed by the
Regulations concerning Mixed Medical Power on which they depend, or by an
Commissions annexed to the present organization duly recognized by the said
Convention. (GPW, art. 110). Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one
190. Internment in a Neutral Country of the three foregoing categories may
The Detaining Power, the Power on which nevertheless present themselves for
the prisoners of war depend, and a neutral examination by Mixed Medical Commissions,
Power agreed upon by these two Powers, but shall be examined only after those
shall endeavour to conclude agreements belonging to the said categories.
which will enable prisoners of war to be The physician or surgeon of the same
interned in the territory of the said neutral nationality as the prisoners who present
Power until the close of hostilities. (GPW, art. themselves for examination by the Mixed
111.) Medical Commission, likewise the prisoners
representative of the said prisoners, shall
191. Mixed Medical Commissions have permission to be present at the
examination. (GPW, art. 113.)
Upon the outbreak of hostilities, Mixed
Medical Commissions shall be appointed to
193. Prisoners Meeting With
examine sick and wounded prisoners of war,
and to make all appropriate decisions
Accidents
regarding them. The appointment, duties and Prisoners of war who meet with accidents
functioning of these Commissions shall be in shall, unless the in jury is self-inflicted, have
conformity with the provisions of the the benefit of the provisions of this
Regulations annexed to the present Convention as regards repatriation or
Convention. accommodation in a neutral country. (GPW,
However, prisoners of war who, in the art. 114.)
opinion of the medical authorities of the
Detaining Power, are manifestly seriously 194. Prisoners Serving a Sentence
injured or seriously sick, may be repatriated No prisoner of war on whom a
without having to be examined by a Mixed disciplinary punishment has been imposed
Medical Commission. (GPW, art. 112.) and who is eligible for repatriation or for
accommodation in a neutral country, may be
192. Prisoners Entitled to kept back on the plea that he has not
Examination by Mixed Medical undergone his punishment.
Commissions Prisoners of war detained in connection
Besides those who are designated by the with a judicial prosecution or conviction and
medical authorities of the Detaining Power, who are designated for repatriation or
wounded or sick prisoners of war belonging accommodation in a neutral country, may
to the categories listed below shall be entitled benefit by such measures before the end of
to present themselves for examination by the the proceedings or the completion of the
Mixed Medical Commissions provided for in punishment, if the Detaining Power consents.
the foregoing Article: Parties to the conflict shall communicate
(1) Wounded and sick proposed by a to each other the names of those who will be
physician or surgeon who is of the same detained until the end of the proceedings or
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the completion of the punishment. (GPW, art. principle laid down in the foregoing
115.) paragraph.
In either case, the measures adopted shall
195. Costs of Repatriation be brought to the knowledge of the prisoners
The cost of repatriating prisoners of war of war.
or of transporting them to a neutral country The costs of repatriation of prisoners of
shall be borne, from the frontiers of the war shall in all cases be equitably
Detaining Power, by the Power on which the apportioned between the Detaining Power
said prisoners depend. (GPW, art. 116.) and the Power on which the prisoners
depend. This apportionment shall be carried
196. Activity After Repatriation out on the following basis:
(a) If the two Powers are contiguous, the
Power on which the prisoners of war depend
No repatriated person may be employed
shall bear the costs of repatriation from the
on active military service. (GPW, art. 117.)
frontiers of the Detaining Power.
b. Interpretation. The foregoing applies
(b) If the two Powers are not contiguous,
only to persons repatriated under Articles 109
the Detaining Power shall bear the costs of
through 116, GPW (paras. 188195), by reasons
transport of prisoners of war over its own
of wounds or sickness. Although it is not
territory as far as its frontier or its port of
possible to frame any comprehensive rule
embarkation nearest to the territory of the
concerning what constitutes active military
Power on which the prisoners of war depend.
service, Article 117 does not preclude a
The Parties concerned shall agree between
repatriated person from performing medical or
themselves as to the equitable apportionment
strictly administrative duties but does foreclose
of the remaining costs of the repatriation. The
service in combat against the power formerly
conclusion of this agreement shall in no
detaining the individual or an ally thereof.
circumstances justify any delay in the
repatriation of the prisoners of war. (GPW,
197. Exchange of Prisoners of War art. 118.)
Exchange of prisoners of war, other than
those whose repatriation is required by GPW, 199. Asylum
may be effected by agreement between the
A Detaining Power may, in its discretion,
belligerents. No belligerent is obliged to
lawfully grant asylum to prisoners of war who
exchange prisoners of war, except if a general
do not desire to be repatriated.
cartel requiring such exchange has been
concluded. The conditions for exchange are as
200. Details of Procedure
prescribed by the parties thereto, and exchanges
need not necessarily be on the basis of number Repatriation shall be effected in
for number or rank for rank. (See par. 469.) conditions similar to those laid down in
Articles 46 to 48 inclusive of the present
198. Release and Repatriation at Convention for the transfer of prisoners of
Close of Hostilities war, having regard to the provisions of
Article 118 and to those of the following
Prisoners of war shall be released and paragraphs.
repatriated without delay after the cessation On repatriation, any articles of value
of active hostilities. impounded from prisoners of war under
In the absence of stipulations to the above Article 18, and any foreign currency which
effect in any agreement concluded between has not been converted into the currency of
the Parties to the conflict with a view to the the Detaining Power, shall be restored to
cessation of hostilities, or failing any such them. Articles of value and foreign currency
agreement, each of the Detaining Powers shall which, for any reason whatever, are not
itself establish and execute without delay a restored to prisoners of war on repatriation,
plan of repatriation in conformity with the
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shall be dispatched to the Information Death certificates, in the form annexed to
Bureau set up under Article 122. the present Convention, or lists certified by a
Prisoners of war shall be allowed to take responsible officer, of all persons who die as
with them their personal effects, and any prisoners of war shall be forwarded as
correspondence and parcels which have rapidly as possible to the Prisoner of War
arrived for them. The weight of such baggage Information Bureau established in
may be limited, if the conditions of accordance with Article 122. The death
repatriation so require, to what each prisoner certificates or certified lists shall show
can reasonably carry. Each prisoner shall in particulars of identity as set out in the third
all cases be authorized to carry at least paragraph of Article 17, and also the date
twenty-five kilograms [55 pounds]. and place of death, the cause of death, the
The other personal effects of the date and place of burial and all particulars
repatriated prisoner shall be left in the charge necessary to identify the graves.
of the Detaining Power which shall have them The burial or cremation of a prisoner of
forwarded to him as soon as it has concluded war shall be preceded by a medical
an agreement to this effect, regulating the examination of the body with a view to
conditions of transport and the payment of confirming death and enabling a report to be
the costs involved, with the Power on which made and, where necessary, establishing
the prisoner depends. identity.
Prisoners of war against whom criminal The detaining authorities shall ensure
proceedings for an indictable offence are that prisoners of war who have died in
pending may be detained until the end of such captivity are honorably buried, if possible
proceedings, and, if necessary, until the according to the rites of the religion to which
completion of the punishment. The same shall they belonged, and that their graves are
apply to prisoners of war already convicted respected, suitably maintained and marked so
for an indictable offence. as to be found at any time. Wherever
Parties to the conflict shall communicate possible, deceased prisoners of war who
to each other the names of any prisoners of depended on the same Power shall be
war who are detained until the end of the interred in the same place.
proceedings or until punishment has been Deceased prisoners of war shall be buried
completed. in individual graves unless unavoidable
By agreement between the Parties to the circumstances require the use of collective
conflict, commissions shall be established for graves. Bodies may be cremated only for
the purpose of searching for dispersed imperative reasons of hygiene, on account of
prisoners of war and of assuring their the religion of the deceased or in accordance
repatriation with the least possible delay. with his express wish to this effect. In case of
(GPW, art 119.) cremation, the fact shall be stated and the
reasons given in the death certificate of the
201. Death deceased.
Wills of prisoners of war shall be drawn In order that graves may always be
up so as to satisfy the conditions of validity found, all particulars of burials and graves
required by the legislation of their country of shall be recorded with a Graves Registration
origin, which will take steps to inform the Service established by the Detaining Power.
Detaining Power of its requirements in this Lists of graves and particulars of the
respect. At the request of the prisoner of war prisoners of war interred in cemeteries and
and, in all cases, after death, the will shall be elsewhere shall be transmitted to the Power
transmitted without delay to the Protecting on which such prisoners of war depended.
Power; a certified copy shall be sent to the Responsibility for the care of these graves
Central Agency. and for records of any subsequent moves of
the bodies shall rest on the Power controlling
the territory, if a Party to the present
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Convention. These provisions shall also apply present Convention dealing with work by
to the ashes, which shall be kept by the prisoners of war.
Graves Registration Service until proper Within the shortest possible period, each
disposal thereof in accordance With the of the Parties to the conflict shall give its
wishes of the home country. (GPW, art. 120.) Bureau the information referred to in the
fourth, fifth and sixth paragraphs of this
202. Prisoners Killed or Injured in Article regarding any enemy person
Special Circumstances belonging to one of the categories referred to
Every death or serious injury of a in Article 4, who has fallen into its power.
prisoner of war caused or suspected to have Neutral or non-belligerent Powers shall take
been caused by a sentry, another prisoner of the same action with regard to persons
war, or any other person, as well as any death belonging to such categories whom they have
the cause of which is unknown, shall be received within their territory.
immediately followed by an official enquiry The Bureau shall immediately forward
by the Detaining Power. such information by the most rapid means to
A communication on this subject shall be the Powers concerned, through the
sent immediately to the Protecting Power. intermediary of the Protecting Powers and
Statements shall be taken from witnesses, likewise of the Central Agency provided for
especially from those who are prisoners of in Article 123.
war, and a report including such statements This information shall make it possible
shall be forwarded to the Protecting Power. quickly to advise the next of kin concerned.
If the enquiry indicates the guilt of one or Subject to the provisions of Article 17, the
more persons, the Detaining Power shall take information shall include, in so far as
all measures for the prosecution of the person available to the Information Bureau, in
or persons responsible. (GPW, art. 121.) respect of each prisoner of war, his surname,
first names, rank, army, regimental, personal
or serial number, place and full date of birth,
Section XVIII. INFORMATION indication of the Power on which he depends,
BUREAUS AND RELIEF first name of the father and maiden name of
SOCIETIES FOR PRISONERS the mother, name and address of the person
OF WAR to be informed and the address to which
correspondence for the prisoner maybe sent.
The Information Bureau shall receive
203. National Bureaus from the various departments concerned
information regarding transfers, releases,
Upon the outbreak of a conflict and in all repatriations, escapes, admissions to hospital,
cases of occupation, each of the Parties to the and deaths, and shall transmit such
conflict shall institute an official Information information in the manner described in the
Bureau for prisoners of war who are in its third paragraph above.
power. Neutral or non-belligerent Powers Likewise, information regarding the state
who may have received within their territory of health of prisoners of war who are
persons belonging to one of the categories seriously ill or seriously wounded shall be
referred to in Article 4, shall take the same supplied regularly, every week if possible.
action with respect to such persons. The The Information Bureau shall also be
Power concerned shall ensure that the responsible for replying to all enquiries sent
Prisoners of War Information Bureau is to it concerning prisoners of war, including
provided with the necessary accommodation, those who have died in captivity; it will make
equipment and staff to ensure its efficient any enquiries necessary to obtain the
working. It shall beat liberty to employ information which is asked for if this is not in
prisoners of war in such a Bureau under the its possession.
conditions laid down in the Section of the
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All written communications made by the 205. Exemption From Charges
Bureau shall be authenticated by a signature The national Information Bureaux and
or a seal. the Central Information Agency shall enjoy
The Information Bureau shall free postage for mail, likewise all the
furthermore be charged with collecting all exemptions provided for in Article 74, and
personal valuables, including sums in further, so far as possible, exemption from
currencies other than that of the Detaining telegraphic charges or, at least, greatly
Power and documents of importance to the reduced rates. (GPW, art. 124.)
next of kin, left by prisoners of war who have
been repatriated or released, or who have 206. Relief Societies and Other
escaped or died, and shall forward the said Organizations
valuables to the Powers concerned. Such
articles shall be sent by the Bureau in sealed Subject to the measures which the
packets which shall be accompanied by Detaining Powers may consider essential to
statements giving clear and full particulars of ensure their security or to meet any other
the identity of the person to whom the articles reasonable need, the representatives of
belonged, and by a complete list of the religious organizations, relief societies, or any
contents of the parcel. Other personal effects other organization assisting prisoners of war,
of such prisoners of war shall be transmitted shall receive from the said Powers, for
under arrangements agreed upon between themselves and their duly accredited agents,
the Parties to the conflict concerned. (GPW, all necessary facilities for visiting the
art. 122.) prisoners, for distributing relief supplies and
material, from any source, intended for
204. Central Agency religious, educational or recreative purposes,
and for assisting them in organizing their
A Central Prisoners of War Information leisure time within the camps. Such societies
Agency shall be created in a neutral country. or organizations maybe constituted in the
The International Committee of the Red territory of the Detaining Power or in any
Cross shall, if it deems necessary, propose to other country, or they may have an
the Powers concerned the organization of international character.
such an Agency. The Detaining Power may limit the
The function of the Agency shall be to number of societies and organizations whose
collect all the information it may obtain delegates are allowed to carry out their
through official or private channels activities in its territory and under its
respecting prisoners of war, and to transmit it supervision, on condition, however, that such
as rapidly as possible to the country of origin limitation shall not hinder the effective
of the prisoners of war or to the Power on operation of adequate relief to all prisoners of
which they depend. It shall receive from the war.
Parties to the conflict all facilities for effecting The special position of the International
such transmissions. Committee of the Red Cross in this field shall
The High Contracting Parties, and in be recognized and respected at all times.
particular those whose nationals benefit by As soon as relief supplies or material
the services of the Central Agency, are re- intended for the above- mentioned purposes
quested to give the said Agency the financial are handed over to prisoners of war, or very
aid it may require. shortly afterwards, receipts for each
The foregoing provisions shall in no way consignment, signed by the prisoners
be interpreted as restricting the humanitarian representative, shall be forwarded to the
activities of the International Committee of relief society or organization making the
the Red Cross, or of the relief societies shipment. At the same time, receipts for these
provided for in Article 125. (GPW, art. 123.) consignments shall be supplied by the
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administrative authorities responsible for
guarding the prisoners. (GPW, art. 125.)
207. Supervision
Representatives or delegates of the
Protecting Powers shall have permission to go
to all places where prisoners of war may be,
particularly to places of internment,
imprisonment and labour, and shall have
access to all premises occupied by prisoners
of war; they shall also be allowed to go to the
places of departure, passage and arrival of
prisoners who are being transferred. They
shall be able to interview the prisoners, and
in particular the prisoners representatives,
without witnesses, either personally or
through an interpreter.
Representatives and delegates of the
Protecting Powers shall have full liberty to
select the places they wish to visit. The
duration and frequency of these visits shall
not be restricted. Visits may not be prohibited
except for reasons of imperative military
necessity, and then only as an exceptional and
temporary measure.
The Detaining Power and the Power on
which the said prisoners of war depend may
agree, if necessary, that compatriots of these
prisoners of war be permitted to participate
in the visits.
The delegates of the International
Committee of the Red Cross shall enjoy the
same prerogatives. The appointment of such
delegates shall be submitted to the approval
of the Power detaining the prisoners of war to
be visited. (GPW, art. 126.)
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CHAPTER 4 d. Retained Personnel and Wounded and
Sick Put Ashore. The religious, medical, and
hospital personnel of hospital ships retained to
THE WOUNDED AND SICK care for the wounded and sick are on landing
subject to GWS. (GWS Sea, art. 37.) Other forces
put ashore become subject to GWS. (GWS Sea,
art. 4.)
Section I. GENERAL
PROVISIONS 210. Application by Neutral Powers
Neutral Powers shall apply by analogy
the provisions of the present Convention to
208. Protected Persons the wounded and sick, and to members of the
a. Prisoners of War. GWS applies to the medical personnel and to chaplains of the
wounded and sick be-longing to the categories armed forces of the Parties to the conflict,
of persons listed in paragraph A of Article 4, received or interned in their territory, as well
GPW; paragraph 61 herein (GWS, art. 13). as to dead persons found. (GWS, art. 4.)
b. Other Persons. Wounded and sick
persons who are in the hands of the enemy but 211. Duration of Application
who are not prisoners of war benefit from those For the protected persons who have fallen
provisions of GC pertaining to the treatment and into the hands of the enemy, the present
protection of the wounded and sick. Convention shall apply until their final
repatriation. (GWS, art. 5.)
209. Wounded, Sick, and
Shipwrecked Members of Armed 212. Special Agreements
Forces at Sea In addition to the agreements expressly
a. Hospital Ships. Military hospital ships, provided for in Articles 10, 15, 23, 28, 31, 36,
which are to be marked in the manner specified 37 and 52, the High Contracting Parties may
by Article 43, GWS Sea, may in no conclude other special agreements for all
circumstances be attacked and captured but must matters concerning which they may deem it
be respected and protected, provided their names suitable to make separate provision. No
and descriptions have been notified to the Parties special agreement shall adversely affect the
to the conflict ten days before those ships are situation of the wounded and sick, of
employed. (GWS Sea, art. 22.) Any hospital ship members of the medical personnel or of
in a port which falls into the hands of the enemy chaplains, as defined by the present
is to be authorized to leave the port. (GWS Sea, Convention, nor restrict the rights which it
art. 29.) confers upon them.
b. Treaty Provision. Wounded and sick, as well as medical
Hospital ships entitled to the protection of personnel and chaplains, shall continue to
the Geneva Convention for the Amelioration have the benefit of such agreements as long as
of the Condition of Wounded, Sick and the Convention is applicable to them, except
Shipwrecked Members of Armed Forces at where express provisions to the contrary are
Sea of August 12, 1949, shall not be attacked contained in the aforesaid or in subsequent
from the land. (GWS, art. 20.) agreements, or where more favourable
c. Coastal Rescue Craft. Small craft measures have been taken with regard to
employed by a State or by the officially them by one or other of the Parties to the
recognized lifeboat institutions for coastal rescue conflict. (GWS, art. 6.)
operations are to be respected and protected, so
far as operational requirements permit. (GWS 213. Non-renunciation of Rights
Sea, art. 27.) Wounded and sick, as well as members of
the medical personnel and chaplains, may in
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no circumstances renounce in part or in different national habits and backgrounds of the
entirety the rights secured to them by the wounded and sick.
present Convention, and by the special
agreements referred to in the foregoing 216. Search for Casualties
Article, if such there be. (GWS, art. 7.) At all times, and particularly after an
engagement, Parties to the conflict shall,
214. Prohibition of Reprisals without delay, take all possible measures to
Reprisals against the wounded, sick, search for and collect the wounded and sick,
personnel, buildings or equipment protected to protect them against pillage and ill-
by the Convention are prohibited. (GWS, art. treatment, to ensure their adequate care, and
46.) to search for the dead and prevent their being
despoiled.
Section II. WOUNDED AND SICK Whenever circumstances permit, an
armistice or a suspension of fire shall be
arranged, or local arrangements made, to
215. Protection and Care permit the removal, exchange and transport
a. Treaty Provision. of the wounded left on the battlefield.
Likewise, local arrangements may be
Members of the armed forces and other
concluded between Parties to the conflict for
persons mentioned in the following Article,
the removal or exchange of wounded and sick
who are wounded or sick, shall be respected
from a besieged or encircled area, and for the
and protected in all circumstances.
passage of medical and religious personnel
They shall be treated humanely and cared
and equipment on their way to that area.
for by the Party to the conflict in whose
(GWS, art. 15.)
power they may be, without any adverse
distinction founded on sex, race, nationality,
religion, political opinions, or any other 217. Wounded Falling Into Enemy
similar criteria Any attempts upon their lives, Hands
or violence to their persons, shall be strictly Parties to the conflict shall record as soon
prohibited; in particular, they shall not be as possible, in respect of each wounded, sick
murdered or exterminated, subjected to or dead person of the adverse Party falling
torture or to biological experiments; they into their hands, any particulars which may
shall not willfully be left without medical assist in his identification.
assistance and care, nor shall conditions These records should if possible include:
exposing them to contagion or infection be (a) designation of the Power on which
created. he depends;
Only urgent medical reasons will (b) army, regimental, personal or
authorize priority in the order of treatment to serial number;
be administered. (c) surname;
Women shall be treated with all (d) first name or names;
consideration due to their sex. (e) date of birth;
The Party to the conflict which is (f) any other particulars shown on his
compelled to abandon wounded or sick to the identity card or disc;
enemy shall, as far as military considerations (g) date and place of capture or death;
permit, leave with them a part of its medical (h) particulars concerning wounds or
personnel and material to assist in their care. illness, or cause of death.
(GWS, art. 12.) As soon as possible the above mentioned
b. National Habits and Backgrounds. The information shall be forwarded to the
foregoing is not intended to prohibit Information Bureau described in Article 122
concessions, particularly with respect to food, of the Geneva Convention relative to the
clothing, and shelter, which take into account the Treatment of Prisoners of War of August 12,
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1949, which shall transmit this information to an Official Graves Registration Service, to
the Power on which these persons depend allow subsequent exhumations and to ensure
through the intermediary of the Protecting the identification of bodies, whatever the site
Power and of the Central Prisoners of War of the graves, and the possible transportation
Agency. to the home country. These provisions shall
Parties to the conflict shall prepare and likewise apply to the ashes, which shall be
forward to each other through the same kept by the Graves Registration Service until
bureau, certificates of death or duly proper disposal thereof in accordance with
authenticated lists of the dead. They shall the wishes of the home country.
likewise collect and forward through the As soon as circumstances permit, and at
same bureau one half of a double identity latest at the end of hostilities, these Services
disc, last wills or other documents of shall exchange, through the Information
importance to the next of kin, money and in Bureau mentioned in the second paragraph of
general all articles of an intrinsic or Article 16, lists showing the exact location
sentimental value, which are found on the and markings of the graves, together with
dead. These articles, together with particulars of the dead interred therein.
unidentified articles, shall be sent in sealed (GWS, art. 17.)
packets, accompanied by statements giving all
particulars necessary for the identification of 219. Voluntary Care
the deceased owners, as well as by a complete a. Treaty Provision.
list of the contents of the parcel. (GWS, art. The military authorities may appeal to
16.) the charity of the in-habitants voluntarily to
collect and care for, under their direction, the
218. Graves Registration Service wounded and sick, granting persons who
Parties to the conflict shall ensure that have responded to this appeal the necessary
burial or cremation of the dead, carried out protection and facilities. Should the adverse
individually as far as circumstances permit, is Party take or retake control of the area, he
preceded by a careful examination, if possible shall likewise grant these persons the same
by a medical examination, of the bodies, with protection and the same facilities.
a view to confirming death, establishing The military authorities shall permit the
identity and enabling a report to be made. inhabitants and relief societies, even in
One half of the double identity disc, or the invaded or occupied areas, spontaneously to
identity disc itself if it is a single disc, should collect and care for wounded or sick of
remain on the body. whatever nationality. The civilian population
Bodies shall not be cremated except for shall respect these wounded and sick, and in
imperative reasons of hygiene or for motives particular abstain from offering them
based on the religion of the deceased. In case violence.
of cremation, the circumstances and reasons No one may ever be molested or convicted
for cremation shall be stated in detail in the for having nursed the wounded or sick.
death certificate or on the authenticated list The provisions of the present Article do
of the dead. not relieve the occupying Power of its
They shall further ensure that the dead obligation to give both physical and moral
are honorably interred, if possible according care to the wounded and sick. (GWS, art. 18.)
to the rites of the religion to which they b. Compulsion in Occupied Areas. An
belonged, that their graves are respected, occupying authority may not bring pressure to
grouped if possible according to the bear on the population in order to induce them to
nationality of the deceased, properly give treatment to the wounded and sick.
maintained and marked so that they may
always be found. For this purpose, they shall
organize at the commencement of hostilities
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Section III. MEDICAL UNITS, 223. Conditions Not Depriving
ESTABLISHMENTS, Medical Units and
Establishments of Protection
PERSONNEL AND TRANSFERS
The following conditions shall not be
220. Protection considered as depriving a medical unit or
establishment of the protection guaranteed by
Article 19:
Fixed establishments and mobile medical
(1) That the personnel of the unit or
units of the Medical Service may in no
establishment are armed, and that they use
circumstances be attacked, but shall at all
the arms in their own defense, or in that of
times be respected and protected by the
the wounded and sick in their charge.
Parties to the conflict. Should they fall into
(2) That in the absence of armed
the hands of the adverse Party, their
orderlies, the unit or establishment is
personnel shall be free to pursue their duties,
protected by a picket or by sentries or by an
as long as the capturing Power has not itself
escort.
ensured the necessary care of the wounded
(3) That small arms and ammunition
and sick found in such establishments and
taken from the wounded and sick and not yet
units.
handed to the proper service, are found in the
The responsible authorities shall ensure
unit or establishment.
that the said medical establishments and units
(4) That personnel and material of the
are, as far as possible, situated in such a
veterinary service are found in the unit or
manner that attacks against military
establishment, without forming an integral
objectives cannot imperil their safety. (GWS,
part thereof.
art. 19.)
(5) That the humanitarian activities of
b. Nature of Protection Required. See
medical units and establishments or of their
paragraph 225b.
personnel extend to the care of civilian
wounded or sick. (GWS, art. 22.)
221. Search of Medical Units, b. Self-Defense Defined. Although medical
Establishments, and Transports personnel may carry arms for self-defense, they
GWS does not confer immunity from search may not employ such arms against enemy forces
by the enemy on medical units, establishments, acting in conformity with the law of war. These
or transports. arms are for their personal defense and for the
protection of the wounded and sick under their
222. Discontinuance of Protection of charge against marauders and other persons
Medical Establishments and violating the law of war. Medical personnel who
Units use their arms in circumstances not justified by
The protection to which fixed the law of war expose themselves to penalties
establishments and mobile medical units of for violation of the law of war and, provided
the Medical Service are entitled shall not they have been given due warning to cease such
cease unless they are used to commit, outside acts, may also forfeit the protection of the
their humanitarian duties, acts harmful to the medical unit or establishment of which they
enemy. Protection may, however, cease only form part or which they are protecting.
after a due warning has been given, naming, c. Arms and Ammunition Taken From the
in all appropriate cases, a reasonable time Wounded and Sick. As provided in substance by
limit, and after such warning has remained the foregoing article, the presence of such arms
unheeded. (GWS, art. 21.) and ammunition in a medical unit or
establishment is not of itself cause for denying
the protection to be accorded such organizations
under GWS. However, such arms and
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ammunition should be turned in as soon as 226. Protection of Auxiliary
practicable and, in any event, are subject to Personnel
confiscation. a. Treaty Provision.
Members of the armed forces specially
224. Hospital Zones and Localities trained for employment, should the need
In time of peace, the High Contracting arise, as hospital orderlies, nurses or
Parties and, after the outbreak of hostilities, auxiliary stretcher-bearers, in the search for
the Parties thereto, may establish in their own or the collection, transport or treatment of
territory and, if the need arises, in occupied the wounded and sick shall likewise be
areas, hospital zones and localities so respected and protected if they are carrying
organized as to protect the wounded and sick out these duties at the time when they come
from the effects of war, as well as the into contact with the enemy or fall into his
personnel entrusted with the organization hands. (GWS, art. 25.)
and administration of these zones and b. Nature of Protection. See paragraph 225
localities and with the care of the persons b, and Article 29, GWS (par. 68).
therein assembled.
Upon the outbreak and during the course 227. Personnel of Aid Societies
of hostilities, the Parties concerned may See Article 26, GWS (par. 69).
conclude agreements on mutual recognition
of the hospital zones and localities they have 228. The American National Red
created. They may for this purpose
Cross
implement the provisions of the Draft
Agreement annexed to the present The American National Red Cross is the
Convention, with such amendments as they only voluntary aid society now authorized by
may consider necessary. this Government to render aid to the Army
The protecting Powers and the Medical Service in time of war, and any other
International Committee of the Red Cross are society desiring to render similar assistance can
invited to lend their good offices in order to do so only through the American National Red
facilitate the institution and recognition of Cross (Pres. Proc., 22 Aug. 1911, 37 Stat. 1716).
these hospital zones and localities (GWS, art. The President is authorized to accept the
23.) assistance tendered by the Red Cross and to
employ the same under the Armed Forces (act
225. Protection of Permanent 17 Jul 1953, 67 Stat. 178; 36 U.S.C. 17, 17a.)
Personnel Personnel of the Red Cross serving with or
accompanying an armed force in the field in
a. Treaty Provision. See Article 24, GWS time of war or serving with or accompanying the
(par 67). armed forces without the continental limits of
b. What Is Meant by Respect and the United States and certain named territories
Protection. The respect and protection accorded are subject to the Uniform Code of Military
personnel of certain categories by Articles 19 Justice (USMJ, Art. 2 (10) (11)).
(par. 220), 24 (par. 67), and 25 (par. 226), GWS,
mean that they must not knowingly be attacked,
229. Societies of Neutral Countries
fired upon, or unnecessarily prevented from
discharging their proper functions. The A recognized Society of a neutral country
accidental killing or wounding of such can only lend the assistance of its medical
personnel, due to their presence among or in personnel and units to a Party to the conflict
proximity to combatant elements actually with the previous consent of its own
engaged, by fire directed at the latter, gives no Government and the authorization of the
just cause for complaint. Party to the conflict concerned. That
personnel and those units shall be placed
under the control of that Party to the conflict.
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The neutral Government shall notify this medical personnel, including those of the
consent to the adversary of the State which societies designated in Article 26. In all
accepts such assistance. The Party to the questions arising out of their duties, this
conflict who accepts such assistance is bound medical officer, and the chaplains, shall have
to notify the adverse Party thereof before direct access to the military and medical
making any use of it. authorities of the camp who shall grant them
In no circumstances shall this assistance the facilities they may require for
be considered as interference in the conflict. correspondence relating to these questions.
The members of the personnel named in (c) Although retained personnel in a camp
the first paragraph shall be duly furnished shall be subject to its internal discipline, they
with the identity cards provided for in Article shall not, however, be required to perform
40 before leaving the neutral country to any work outside their medical or religious
which they belong. (GWS, art. 97.) duties.
During hostilities the Parties to the
230. Retained Personnel conflict shall make arrangements
a. Treaty Provision. for relieving where possible retained
Personnel designated in Articles 24 and personnel, and shall settle the procedure of
26 who fall into the hands of the adverse such relief.
Party, shall be retained only in so far as the None of the preceding provisions shall
state of health, the spiritual needs and the relieve the Detaining Power of the obligations
number of prisoners of war require. imposed upon it with regard to the medical
Personnel thus retained shall not be and spiritual welfare of the prisoners of war.
deemed prisoners of war. Nevertheless they (GWS, art. 28.)
shall at least benefit by all the provisions of b. Discipline. See paragraph 67.
the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 231. Return of Religious and Medical
1949. Within the framework of the military Personnel
laws and regulations of the Detaining Power, a. Treaty Provision.
and under the authority of its competent Personnel whose retention is not
service, they shall continue to carry out, in indispensable by virtue of the provisions of
accordance with their professional ethics, Article 28 shall be returned to the Party to
their medical and spiritual duties on behalf of the conflict to whom they belong, as soon as a
prisoners of war, preferably those of the road is open for their return and military
armed forces to which they themselves requirements permit.
belong. They shall further enjoy the following Pending their return, they shall not be
facilities for carrying out their medical or deemed prisoners of war. Nevertheless they
spiritual duties: shall at least benefit by all the provisions of
(a) They shall be authorized to visit the Geneva Convention relative to the
periodically the prisoners of war in labour Treatment of Prisoners of War of August 12,
units or hospitals outside the camp. The 1949. They shall continue to fulfill their duties
Detaining Power shall put at their disposal under the orders of the adverse Party and
the means of transport required. shall preferably be engaged in the care of the
(b) In each camp the senior medical wounded and sick of the Party to the conflict
officer of the highest rank shall be to which they themselves belong.
responsible to the military authorities of the On their departure, they shall take with
camp for the professional activity of the them the effects, personal belongings,
retained medical personnel. For this purpose, valuables and instruments belonging to them.
from the outbreak of hostilities, the Parties to (GWS, art. 30.)
the conflict shall agree regarding the b. Security Measures. Nothing in the
corresponding seniority of the ranks of their foregoing article precludes reasonable measures
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to prevent such personnel, upon their return to possible the means of transport belonging to
their own army, from carrying information of them.
strategic or tactical value. The movements and The Parties to the conflict shall secure to
activities of religious and medical personnel this personnel, while in their power, the same
whose return is contemplated may be restricted food, lodging, allowances and pay as are
as far as reasonably necessary to prevent their granted to the corresponding personnel of
acquisition of such information, provided they their armed forces. The food shall in any case
are not thereby denied the facilities afforded be sufficient as regards quantity, quality and
them by Article 28, GWS (par. 230). Should they variety to keep the said personnel in a normal
become possessed of such information, their state of health. (GWS, art. 32.)
return to their own army may be delayed until b. Security Measures. Security measures
the information has ceased to be of substantial similar to those taken with respect to religious
value. and medical personnel (par. 231b) may be
applied to personnel of aid societies of neutral
232. Selection of Personnel for countries.
Return
The selection of personnel for return 234. Buildings and Stores
under Article 30 shall be made irrespective of a. Treaty Provision.
any consideration of race, religion or political The material of mobile medical units of
opinion, but preferably according to the the armed forces which fall into the hands of
chronological order of their capture and their the enemy, shall be reserved for the care of
state of health. wounded and sick. The buildings, material
As from the outbreak of hostilities, and stores of fixed medical establishments of
Parties to the conflict may determine by the armed forces shall remain subject to the
special agreement the percentage of personnel laws of war, but may not be diverted from
to be retained, in proportion to the number of their purpose as long as they are required for
prisoners and the distribution of the said the care of wounded and sick. Nevertheless,
personnel in the camps. (GWS, art. 31.) the commanders of forces in the field may
make use of them, in case of urgent military
233. Return of Personnel Belonging necessity, provided that they make previous
to Neutral Countries arrangements for the welfare of the wounded
a. Treaty Provision. and sick who are nursed in them.
The material and stores defined in the
Persons designated in Article 27 who have
present Article shall not be intentionally
fallen into the hands of the adverse Party may
destroyed. (GWS, art. 33.)
not be detained.
b. Material of Mobile Medical Units. The
Unless otherwise agreed, they shall have
material of mobile medical units falling into the
permission to return to their country, or if
hands of the enemy need not be restored to the
this is not possible, to the territory of the
belligerent from whom it was taken. It must,
Party to the conflict in whose service they
however, be used only for the care of the
were, as soon as a route for their return is
wounded and sick, and does not constitute war
open and military considerations permit.
booty, within the meaning of Article 53, HR
Pending their release, they shall continue
(paras. 403, 408) or unwritten international law,
their work under the direction of the adverse
until GWS ceases to be operative.
Party; they shall preferably be engaged in the
care of the wounded and sick of the Party to
the conflict in whose service they were.
235. Property of Aid Societies
On their departure, they shall take with The real and personal property of aid
them their effects, personal articles and societies which are admitted to the privileges
valuables and the instruments, arms and if of the Convention shall be regarded as
private property.
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The right of requisition recognized for be provided with any other markings or
belligerents by the laws and customs of war means of identification that may be agreed
shall not be exercised except in case of urgent upon between the belligerents upon the
necessity, and only after the welfare of the outbreak or during the course of hostilities.
wounded and sick has been ensured. (GWS, Unless agreed otherwise, flights over
art. 34.) enemy or enemy-occupied territory are
prohibited.
236. Protection of Medical Medical aircraft shall obey every
Transports summons to land. In the event of a landing
a. Treaty Provision. thus imposed, the aircraft with its occupants
Transports of wounded and sick or of may continue its flight after examination, if
medical equipment shall be respected and any.
protected in the same way as mobile medical In the event of an involuntary landing in
units. enemy or enemy-occupied territory, the
Should such transports or vehicles fall wounded and sick, as well as the crew of the
into the hands of the adverse Party, they shall aircraft shall be prisoners of war. The
be subject to the laws of war, on condition medical personnel shall be treated according
that the Party to the conflict who captures to Article 24 and the Articles following.
them shall in all cases ensure the care of the (GWS, art. 36.)
wounded and sick they contain. b. Converted Aircraft. It is not necessary
The civilian personnel and all means of that the aircraft should have been specially built
transport obtained by requisition shall be and equipped for medical purposes. There is no
subject to the general rules of international objection to converting ordinary aircraft into
law. (GWS, art. 35.) medical aircraft or to using former medical
b. Civilian Personnel. The rules of aircraft for other purposes, provided the
international law applicable to civilians distinctive markings are removed.
connected with medical transports may vary
depending on whether such persons accompany Section IV. THE RED CROSS
the armed forces (GPW, art. 4A (4); par. 61 EMBLEM
herein) are members of the staff of voluntary aid
societies either of a belligerent State (GWS, art.
26; par. 69 herein) or of a neutral State (GWS, 238. Emblem of the Convention
art 27; par. 229 herein), or are civilians not a. Treaty Provision.
otherwise protected by GWS or GPW (GC, art. As a compliment to Switzerland, the
4; par. 247 herein). heraldic emblem of the red cross on a white
ground formed by reversing the Federal
237. Medical Aircraft colours, is retained as the emblem and
a. Treaty Provision. distinctive sign of the Medical Service of
Medical aircraft, that is to say, aircraft armed forces.
exclusively employed for the removal of Nevertheless, in the case of countries
wounded and sick and for the transport of which already use as emblem, in place of the
medical personnel and equipment, shall not red cross, the red crescent or the red lion and
be attacked, but shall be respected by the sun on a white ground, those emblems are
belligerents, while flying at heights, times and also recognized by the terms of the present
on routes specifically agreed upon between Convention. (GWS, art. 38.)
the belligerents concerned. b. Emblems Other Than the Red Cross.
They shall bear, clearly marked, the Turkey uses the Red Crescent; Iran, the Red
distinctive emblem prescribed in Article 38, Lion and Sun. Israel signed GWS subject to the
together with their national colours, on their reservation that it will use a Red Shield of David
lower, upper and lateral surfaces. They shall as its distinctive sign.
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c. Misuse of the Emblem. See Article 23 armlet. In case of loss, they shall be entitled to
(f), HR (par. 52). See also pertinent United receive duplicates of the cards and to have the
States statutes. insignia replaced. (GWS, art. 40.)
239. Use of the Emblem 241. Identification of Auxiliary

Under the direction of the competent Personnel
military authority, the emblem shall be The personnel designated in Article 25
displayed on the flags, armlets and on all shall wear, but only while carrying out
equipment employed in the Medical Service. medical duties, a white armlet bearing in its
(GWS, art. 39.) centre the distinctive sign in miniature; the
armlet shall be issued and stamped by the
240. Identification of Medical and military authority.
Religious Personnel Military identity documents to be carried
The personnel designated in Article 24 by this type of personnel shall specify what
and in Articles 26 and 27 [Articles 36 and 37 special training they have received, the
of GWS Sea] shall wear, affixed to the left temporary character of the duties they are
arm, a water-resistant armlet bearing the engaged upon, and their authority for
distinctive emblem, issued and stamped by wearing the armlet. (GWS, art. 41.)
the military authority.
Such personnel, in addition to wearing 242. Marking of Medical Units and
the identity disc mentioned in Article 16 Establishments
[Article 19 of GWS Sea], shall also carry a The distinctive flag of the Convention
special identity card bearing the distinctive shall be hoisted only over such medical units
emblem. This card shall be water-resistant and establishments as are entitled to be
and of such size that it can be carried in the respected under the Convention, and only
pocket. It shall be worded in the national with the consent of the military authorities.
language, shall mention at least the surname In mobile units, as in fixed
and first names, the date of birth, the rank establishments, it may be accompanied by the
and the service number of the bearer, and national flag of the Party to the conflict to
shall state in what capacity he is entitled to which the unit or establishment belongs.
the protection of the present Convention. The Nevertheless, medical units which have
card shall bear the photograph of the owner fallen into the hands of the enemy shall not
and also either his signature or his finger- fly any flag other than that of the Convention.
prints or both. It shall be embossed with the Parties to the conflict shall take the
stamp of the military authority. necessary steps, in so far as military
The identity card shall be uniform considerations permit, to make the distinctive
throughout the same armed forces and, as far emblems indicating medical units and
as possible, of a similar type in the armed establishments clearly visible to the enemy
forces of the High Contracting Parties. The land, air or naval forces, in order to obviate
Parties to the conflict may be guided by the the possibility of any hostile action. (GWS,
model which is annexed, by way of example, art. 42.)
to the present Convention. They shall inform
each other, at the outbreak of hostilities, of 243. Marking of Units of Neutral
the model they are using. Identity cards Countries
should be made out, if possible, at least in
The medical units belonging to neutral
duplicate, one copy being kept by the home
countries which may have been authorized to
country.
lend their services to a belligerent under the
In no circumstances may the said
conditions laid down in Article 27, shall fly,
personnel be deprived of their insignia or
along with the flag of the Convention, the
identity cards nor of the right to wear the
national flag of that belligerent, wherever the
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latter makes use of the faculty conferred on As an exceptional measure, in conformity
him by Article 42. with national legislation and with the express
Subject to orders to the contrary by the permission of one of the National Red Cross
responsible military authorities, they may, on (Red Crescent, Red Lion and Sun) Societies,
all occasions, fly their national flag, even if the emblem of the Convention may be
they fall into the hands of the adverse Party. employed in time of peace to identify vehicles
(GWS, art. 43.) used as ambulances and to mark the position
of aid stations exclusively assigned to the
244. Restrictions in the Use of the purpose of giving free treatment to the
Emblem wounded or sick. (GWS, art. 44.)
With the exception of the cases mentioned
in the following paragraphs of the present 245. United States Reservation
Article, the emblem of the Red Cross on a The United States, in ratifying the Geneva
white ground and the words Red Cross, or Convention * * * does so with the reservation
Geneva Cross may not be employed, either that * * * nothing contained therein shall
in time of peace or in time of war, except to make unlawful, or obligate the United States
indicate or to protect the medical units and of America to make unlawful, any use or
establishments, the personnel and material right of use within the United States of
protected by the present Convention and America and its territories and possessions of
other Conventions dealing with similar the Red Cross emblem, sign, insignia, or
matters. The same shall apply to the emblems words as was lawful by reason of domestic
mentioned in Article 38, second paragraph, in law and a use begun prior to January 5,1905,
respect of the countries which use them. The provided such use by pre-1905 users does not
National Red Cross Societies and other extend to the placing of the Red Cross
Societies designated in Article 26 shall have emblem, sign, or insignia upon aircraft,
the right to use the distinctive emblem vessels, vehicles, buildings or other
conferring the protection of the Convention structures, or upon the ground. (T. I. A.
only within the framework of the present S.3362.)
paragraph.
Furthermore, National Red Cross (Red
Crescent, Red Lion and Sun) Societies may,
in time of peace, in accordance with their
national legislation, make use of the name
and emblem of the Red Cross for their other
activities which are in conformity with the
principles laid down by the International Red
Cross Conferences. When those activities are
carried out in time of war, the conditions for
the use of the emblem shall be such that it
cannot be considered as conferring the
protection of the Convention; the emblem
shall be comparatively small in size and may
not be placed on armlets or on the roofs of
buildings.
The international Red Cross
organizations and their duly authorized
personnel shall be permitted to make use, at
all times, of the emblem of the Red Cross on a
white ground.
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CHAPTER 5 or by the Geneva Convention for the
Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed
CIVILIAN PERSONS Forces at Sea of August 12, 1949, or by the
Geneva Convention relative to the Treatment
of Prisoners of War of August 12, 1949, shall
not be considered as protected persons within
Section I. GENERAL the meaning of the present Convention. (GC,
PROVISIONS art. 4.)
b. Interpretation. Subject to qualifications
set forth in paragraph 248, those protected by
246. Protection of Civilians Generally GC also include all persons who have engaged
in hostile or belligerent conduct but who are not
The protection of civilian persons is
entitled to treatment as prisoners of war.
governed by both GC and HR, the former
c. Wider Scope of Certain Articles. Part II,
supplementing the latter insofar as both relate to
GC (sec. II of this chapter), has a broader scope
occupied territory. Certain provisions of GC are
than the rest of GC. (See GC, art. 13; par. 252
applicable only in the territory of a party to the
herein.)
conflict, others to belligerently occupied
territory, a number to both or to civilian
populations generally. Those relating
248. Derogations
exclusively to occupied areas appear in chapter a. Domestic and Occupied Territory.
6, while the requirements of GC having to do Where, in the territory of a Party to the
with the territory of a belligerent or with both conflict, the latter is satisfied that an
such territory and occupied territory or with the individual protected person is definitely
general protection of civilian persons are set suspected of or engaged in activities hostile to
forth in this chapter. the security of the State, such individual
person shall not be entitled to claim such
247. Definition of Protected Persons rights and privileges under the present
Convention as would, if exercised in the
favour of such individual person, be
Persons protected by the Convention are
prejudicial to the security of such State.
those who, at a given moment and in any
Where in occupied territory an individual
manner whatsoever, find themselves, in case
protected person is detained as a spy or
of a conflict or occupation, in the hands of a
saboteur, or as a person under definite
Party to the conflict or Occupying Power of
suspicion of activity hostile to the security of
which they are not nationals.
the Occupying Power, such person shall, in
Nationals of a State which is not bound by
those cases where absolute military security
the Convention are not protected by it.
so requires, be regarded as having forfeited
Nationals of a neutral State who find
rights of communication under the present
themselves in the territory of a belligerent
Convention.
State, and nationals of a co-belligerent State,
In each case such persons shall
shall not be regarded as protected persons
nevertheless be treated with humanity, and in
while the State of which they are nationals
ease of trial, shall not be deprived of the
has normal diplomatic representation in the
rights of fair and regular trial prescribed by
State in whose hands they are.
the present Convention. They shall also be
The provisions of Part II are, however,
granted the full rights and privileges of a
wider in application, as defined in Article 13.
protected person under the present
Persons protected by the Geneva
Convention at the earliest date consistent
Convention for the Amelioration of the
with the security of the State or Occupying
Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949,
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Power, as the case may be. (GC, art. 5.) (See because, for example, they would be liable to
also par. 73.) persecution in their own country, or because
b. Other Area. Where, in territories other their homes have been destroyed.
than those mentioned in a above, a Party to the
conflict is satisfied that an individual protected 250. Special Agreements
person is definitely suspected of or engaged in In addition to the agreements expressly
activities hostile to the security of the State, such provided for in Articles 11, 14, 15, 17, 36, 108,
individual person is similarly not en-titled to 109, 132, 133 and 149, the High Contracting
claim such rights and privileges under GC as Parties may conclude other special
would, if exercised in favor of such individual agreements for all matters concerning which
person, be prejudicial to the security of such they may deem it suitable to make separate
State. provision. No special agreement shall
c. Acts Punishable. The foregoing adversely affect the situation of protected
provisions impliedly recognize the power of a persons, as defined by the present
Party to the conflict to impose the death penalty Convention, nor restrict the rights which it
and lesser punishments on spies, saboteurs, and confers upon them.
other persons not entitled to be treated as Protected persons shall continue to have
prisoners of war, except to the extent that that the benefit of such agreements as long as the
power has been limited or taken away by Article Convention is applicable to them, except
68, GO (par. 438). where express provisions to the contrary are
contained in the aforesaid or in subsequent
249. Beginning and End of agreements, or where more favourble
Application measures have been taken with regard to
a. Treaty Provision. them by one or other of the Parties to the
The present Convention shall apply from conflict. (GC, art. 7.)
the outset of any conflict or occupation
mentioned in Article 2. 251. Non-renunciation of Rights
In the territory of Parties to the conflict, Protected persons may in no
the application of the present Convention circumstances renounce in part or in entirety
shall cease on the general close of military the rights secured to them by the present
operations. Convention, and by the special agreements
In the case of occupied territory, the referred to in the foregoing Article, if such
application of the present Convention shall there be. (GC, art. 8.)
cease one year after the general close of
military operations; however, the Occupying Section II. GENERAL
Power shall be bound, for the duration of the
occupation, to the extent that such Power PROTECTION OF
exercises the functions of government in such POPULATIONS AGAINST
territory, by the provisions of the following CERTAINCONSEQUENCES OF
Articles of the present Convention: 1 to 12, WAR
27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77,
143.
Protected persons whose release,
252. Field of Application
repatriation or re-establishment may take
place after such dates shall meanwhile a. Treaty Provision.
continue to benefit by the present The provisions of Part II cover the whole
Convention. (GC, art. 6.) of the populations of the countries in conflict,
b. Reestablishment of Protected Persons. without any adverse distinction based, in
The word reestablishment, as used in a, refers particular, on race, nationality, religion or
to protected persons who cannot be repatriated political opinion, and are intended to alleviate
the sufferings caused by war. (GC art. 13.)
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b. The State and Its Own Nationals. The When the Parties concerned have agreed
provisions mentioned in a concern not only the upon the geographical position,
relations between a given nation and aliens but administration, food supply and supervision
also the relations between a nation and its own of the proposed neutralized zone, a written
nationals, and also apply to neutral inhabitants agreement shall be concluded and signed by
of the countries in conflict. the representatives of the Parties to the
conflict. The agreement shall fix the
253. Hospital and Safety Zones and beginning and the duration of the
Localities neutralization of the zone. (GC, art. 15.)
In time of peace, the High Contracting b. By Whom Agreements Concluded. The
Parties and, after the outbreak of hostilities, agreements mentioned in a and elsewhere in this
the Parties thereto, may establish in their own section may be concluded either by the
territory and, if the need arises, in occupied governments concerned or by subordinate
areas, hospital and safety zones and localities military commanders.
so organized as to protect from the effects of
war, wounded, sick and aged persons, 255. General Protection of Wounded
children under fifteen, expectant-mothers and Sick
and mothers of children under seven. The wounded and sick, as well as the
Upon the outbreak and during the course infirm, and expectant mothers, shall be the
of hostilities, the Parties concerned may object of particular protection and respect.
conclude agreements on mutual recognition As far as military considerations allow,
of the zones and localities they have created. each Party to the conflict shall facilitate the
They may for this purpose implement the steps taken to search for the killed and
provisions of the Draft Agreement annexed to wounded, to assist the shipwrecked and other
the present Convention, with such persons exposed to grave danger, and to
amendments as they may consider necessary. protect them against pillage and ill-treatment.
The Protecting Powers and the (GC, art. 16.)
International Committee of the Red Cross are
invited to lend their good offices in order to 256. Evacuation of Wounded and
facilitate the institution and recognition of Sick
these hospital and safety zones and Localities. The Parties to the conflict shall endeavour
(GC, art. 14.) to conclude local agreements for the removal
from besieged or encircled areas, of wounded,
254. Neutralized Zones sick, infirm, and aged persons, children and
a. Treaty Provision. maternity cases, and for the passage of
Any Party to the conflict may, either ministers of all religions, medical personnel
director through a neutral State or some and medical equipment on their way to such
humanitarian organization, propose to the areas. (GC, art. 17.)
adverse Party to establish, in the regions
where fighting is taking place, neutralized 257. Protection of Hospitals
zones intended to shelter from the effects of Civilian hospitals organized to give care
war the following persons, without to the wounded and sick, the infirm and
distinction: maternity cases, may in no circumstances be
(a) wounded and sick combatants or non- the object of attack, but shall at all times be
combatants; respected and protected by the Parties to the
(b) civilian persons who take no part in conflict.
hostilities, and who, while they reside in the States which are Parties to a conflict shall
zones, perform no work of a military provide all civilian hospitals with certificates
character. showing that they are civilian hospitals and
that the buildings which they occupy are not
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used for any purpose which would deprive Persons regularly and solely engaged in
these hospitals of protection in accordance the operation and administration of civilian
with Article 19. hospitals, including the personnel engaged in
Civilian hospitals shall be marked by the search for, removal and transporting of
means of the emblem provided for in Article and caring for wounded and sick civilians, the
38 of the Geneva Convention for the infirm and maternity cases, shall be respected
Amelioration of the Condition of the and protected.
Wounded and Sick in Armed Forces in the In occupied territory and in zones of
Field of August 12, 1949, but only if so military operations, the above personnel shall
authorized by the State. be recognizable by means of an identity card
The Parties to the conflict shall, in so far certifying their status, bearing the
as military considerations permit, take the photograph of the holder and embossed with
necessary steps to make the distinctive the stamp of the responsible authority, and
emblems indicating civilian hospitals clearly also by means of a stamped, water-resistant
visible to the enemy land, air and naval forces armlet which they shall wear on the left arm
in order to obviate the possibility of any while carrying out their duties. This armlet
hostile action. shall be issued by the State and shall bear the
In view of the dangers to which hospitals emblem provided for in Article 38 of the
may be exposed by being close to military Geneva Convention for the Amelioration of
objectives, it is recommended that such the Condition of the Wounded and Sick in
hospitals be situated as far as possible from Armed Forces in the Field of August 12, 1949.
such objectives. (GC, art. 18.) Other personnel who are engaged in the
operation and administration of civilian
258. Discontinuance of Protection of hospitals shall be entitled to respect and
Hospitals protection and to wear the armlet, as
a. Treaty Provision. provided in and under the conditions
The protection to which civilian hospitals prescribed in this Article, while they are
are entitled shall not cease unless they are employed on such duties. The identity card
used to commit, outside their humanitarian shall state the duties on which they are
duties, acts harmful to the enemy. Protection employed.
may, however, cease only after due warning The management of each hospital shall at
has been given, naming, in all appropriate all times hold at the disposal of the competent
cases, a reasonable time limit, and after such national or occupying authorities an up-to-
warning has remained unheeded. date list of such personnel. (GC, art. 20.)
The fact that sick or wounded members b. Interpretation. The persons regularly
of the armed forces are nursed in these and solely engaged in the operation and
hospitals, or the presence of small arms and administration of civilian hospitals include all
ammunition taken from such combatants and members of the professional staff and all
not yet handed to the proper service, shall not employees of hospitals, whether or not in direct
be considered to be acts harmful to the contact with the wounded and sick, provided
enemy. (GC, art. 19.) they have no occupation other than their work in
b. Meaning of Acts Harmful to the Enemy. the hospitals.
Acts harmful to the enemy are not only acts of
warfare proper but any activity characterizing 260. Land and Sea Transport
combatant action, such as setting up observation Convoys of vehicles or hospital trains on
posts or the use of the hospital as a liaison center land or specially provided vessels on sea,
for fighting troops. conveying wounded and sick civilians, the
infirm and maternity cases, shall be respected
259. Hospital Staff and protected in the same manner as the
a. Treaty Provision. hospitals provided for in Article 18, and shall
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be marked, with the consent of the State, by (a) that the consignments may be diverted
the display of the distinctive emblem from their destination,
provided for in Article 38 of the Geneva (b) that the control may not be effective,
Convention for the Amelioration of the or
Condition of the Wounded and Sick in (c) that a definite advantage may accrue
Armed Forces in the Field of August 12, 1949. to the military efforts or economy of the
(GC, art. 21.) enemy through the substitution of the above-
mentioned consignments for goods which
261. Air Transport would otherwise be provided or produced by
Aircraft exclusively employed for the the enemy or through the release of such
removal of wounded and sick civilians, the material, services or facilities as would
infirm and maternity cases, or for the otherwise be required for the production of
transport of medical personnel and such goods.
equipment, shall not be attacked, but shall be The Power which allows the passage of
respected while flying at heights, times and on the consignments indicated in the first
routes specifically agreed upon between all paragraph of this Article may make such
the Parties to the conflict concerned. permission conditional on the distribution of
They may be marked with the distinctive the persons benefited thereby being made
emblem provided for in Article 38 of the under the local supervision of the Protecting
Geneva Convention for the Amelioration of Powers.
the Condition of the Wounded and Sick in Such consignments shall be forwarded as
Armed Forces in the Field of August 12, 1949. rapidly as possible, and the Power which
Unless agreed otherwise, flights over permits their free passage shall have the right
enemy or enemy-occupied territory are to prescribe the technical arrangements
prohibited. under which such passage is allowed. (GC,
Such aircraft shall obey every summons art. 23.)
to land. In the event of a landing thus
imposed, the aircraft with its occupants may 263. Measures Relating to Child
continue its flight after examination if any. Welfare
(GC, art. 22.) The Parties to the conflict shall take the
necessary measures to ensure that children
262. Consignments of Medical under fifteen, who are orphaned or are
Supplies, Food, and Clothing separated from their families as a result of
Each High Contracting Party shall allow the war, are not left to their own resources,
the free passage of all consignments of and that their maintenance, the exercise of
medical and hospital stores and objects their religion and their education are
necessary for religious worship intended only facilitated in all circumstances. Their
for civilians of another High Contracting education shall, as far as possible, be
Party, even if the latter is its adversary. It entrusted to persons of a similar cultural
shall likewise permit the free passage of all tradition.
consignments of essential foodstuffs, clothing The Parties to the conflict shall facilitate
and tonics intended for children under the reception of such children in a neutral
fifteen, expectant mothers and maternity country for the duration of the conflict with
cases. the consent of the Protecting Power, if any,
The obligation of a High Contracting and under due safeguards for the observance
Party to allow the free passage of the of the principles stated in the first paragraph.
consignments indicated in the preceding They shall, furthermore, endeavour to
paragraph is subject to the condition that this arrange for all children under twelve to be
Party is satisfied that there are no serious identified by the wearing of identity discs, or
reasons for fearing: by some other means. (GC, art. 24.)
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264. Family News religious convictions and practices, and their
All persons in the territory of a Party to manners and customs. They shall at all times
the conflict, or in a territory occupied by it, be humanely treated, and shall be protected
shall be enabled to give news of a strictly especially against all acts of violence or
personal nature to members of their families, threats thereof and against insults and public
wherever they may be, and to receive news curiosity.
from them. This correspondence shall be Women shall be especially protected
forwarded speedily and without undue delay. against any attack on their honour, in
If, as a result of circumstances, it becomes particular against rape, enforced prostitution,
difficult or impossible to exchange family or any form of indecent assault.
correspondence by the ordinary post, the Without prejudice to the provisions
Parties to the conflict concerned shall apply relating to their state of health, age and sex,
to a neutral intermediary, such as the Central all protected persons shall be treated with the
Agency provided for in Article 140, and shall same consideration by the Party to the
decide in consultation with it how to ensure conflict in whose power they are, without any
the fulfillment of their obligations under the adverse distinction based, in particular, on
best possible conditions, in particular with race, religion or political opinion.
the cooperation of the National Red Cross However, the Parties to the conflict may
(Red Crescent, Red Lion and Sun) Societies. take such measures of control and security in
If the Parties to the conflict deem it regard to protected persons as may be
necessary to restrict family correspondence, necessary as a result of the war. (GC, art, 27.)
such restrictions shall be confined to the
compulsory use of standard forms containing 267. Danger Zones
twenty-five freely chosen words, and to the The presence of a protected person may
limitation of the number of these forms not be used to render certain points or areas
dispatched to one each month. (GC, art. 25.) immune from military operations. (GC, art.
28.)
265. Dispersed Families
Each Party to the conflict shall facilitate 268. Responsibilities
enquiries made by members of families The Party to the conflict in whose hands
dispersed owing to the war, with the object of protected persons may be, is responsible for
renewing contact with one another and of the treatment accorded to them by its agents,
meeting, if possible. It shall encourage, in irrespective of any individual responsibility
particular, the work of organizations engaged which may be incurred. (GC, art. 29.)
on this task provided they are acceptable to it
and conform to its security regulations. (GC, 269. Application to Protecting
art. 26.) Powers and Relief Organizations
Protected persons shall have every facility
Section Ill. PROVISIONS for making application to the Protecting
COMMON TO THE Powers, the International Committee of the
TERRITORIES OF THE PARTIES Red Cross, the National Red Cross (Red
Crescent, Red Lion and Sun) Society of the
TO THE CONFLICT AND TO country where they may be, as well as to any
OCCUPIED TERRITORIES organization that might assist them.
These several organizations shall be
granted all facilities for that purpose by the
266. General authorities, within the bounds set by military
Protected persons are entitled, in all or security considerations.
circumstances, to respect for their persons, Apart from the visits of the delegates of
their honour, their family rights, their the Protecting Powers and of the
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International Committee of the Red Cross, Section IV. ALIENS IN THE
provided for by Article 143, the Detaining or
Occupying Powers shall facilitate as much as
TERRITORY OF A PARTY TO
possible visits to protected persons by the THE CONFLICT
representatives of other organizations whose
object is to give spiritual aid or material relief
to such persons. (GC, art. 30.) 274. Right to Leave the Territory
All protected persons who may desire to
270. Prohibition of Coercion leave the territory at the outset of, or during a
a. Treaty Provision. conflict, shall be entitled to do so, unless their
No physical or moral coercion shall be departure is contrary to the national interest
exercised against protected persons, in of the State. The applications of such persons
particular to obtain information from them to leave shall be decided in accordance with
or from third parties. (GC, art. 31.) regularly established procedures and the
b. Guides. Among the forms of coercion decision shall be taken as rapidly as possible.
prohibited is the impressment of guides from the Those persons permitted to leave may
local inhabitants. provide themselves with the necessary funds
for their journey and take with them a
271. Prohibition of Corporal reasonable amount of their effects and
Punishment, Torture, Etc. articles of personal use.
If any such person is refused permission
The High Contracting Parties specifically to leave the territory, he shall be entitled to
agree that each of them is prohibited from have such refusal reconsidered as soon as
taking any measure of such a character as to possible by an appropriate court or
cause the physical suffering or extermination administrative board designated by the
of protected persons in their hands. This Detaining Power for that purpose.
prohibition applies not only to murder, Upon request, representatives of the
torture, corporal punishment, mutilation and Protecting Power shall, unless reasons of
medical or scientific experiments not security prevent it, or the persons concerned
necessitated by the medical treatment of a object, be furnished with the reasons for
protected person, but also to any other refusal of any request for permission to leave
measures of brutality whether applied by the territory and be given, as expeditiously as
civilian or military agents. (GC, art. 32.) possible, the names of all persons who have
been denied per-mission to leave. (GC, art.
272. Individual Responsibility, 35.)
Collective Penalties, Reprisals,
Pillage 275. Conditions of Departure
No protected person may be punished for Departures permitted under the foregoing
an offence he or she has not personally Articles shall be carried out in satisfactory
committed. Collective penalties and likewise conditions as regards safety, hygiene,
all measures of intimidation or of terrorism sanitation and food. All costs in connection
are prohibited. therewith, from the point of exit in the
Pillage is prohibited. territory of the Detaining Power, shall be
Reprisals against protected persons and borne by the country of destination, or, in the
their property are prohibited. (GC, art. 33.) case of accommodation in a neutral country,
(See also paras. 47 and 397.) by the Power whose nationals are benefited.
The practical details of such movements may,
273. Hostages if necessary, be settled by special agreements
The taking of hostages is prohibited. (GC, between the Powers concerned.
art. 34.)
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The foregoing shall not prejudice such 278. Non-repatriated Persons: Means
special agreements as may be concluded of Existence
between Parties to the conflict concerning the Protected persons who, as a result of the
exchange and repatriation of their nationals war, have lost their gainful employment, shall
in enemy hands. (GC, art. 36.) be granted the opportunity to find paid
employment. That opportunity shall, subject
276. Persons in Confinement to security considerations and to the
Protected persons who are confined provisions of Article 40, be equal to that
pending proceedings or serving a sentence enjoyed by the nationals of the Power in
involving loss of liberty, shall during their whose territory they are.
confinement be humanely treated. Where a Party to the conflict applies to a
As soon as they are released, they may protected person methods of control which
ask to leave the territory in conformity with result in his being unable to support himself,
the foregoing Articles. (GC, art. 37. ) and especially if such a person is prevented
for reasons of security from finding paid
277. Non-repatriated Persons: employment on reasonable conditions, the
General said Party shall ensure his support and that
With the exception of special measures of his dependents.
authorized by the present Convention, in Protected persons may in any case receive
particular by Articles 27 and 41 thereof, the allowances from their home country, the
situation of protected persons shall continue Protecting Power, or the relief societies
to be regulated, in principle, by the provisions referred to in Article 30. (GC, art. 39. )
concerning aliens in time of peace. In any
case, the following rights shall be granted to 279. Non-repatriated Persons:
them: Employment
(1) They shall be enabled to receive the Protected persons may be compelled to
individual or collective relief that may be sent work only to the same extent as nationals of
to them. the Party to the conflict in whose territory
(2) They shall, if their state of health so they are.
requires, receive medical attention and If protected persons are of enemy
hospital treatment to the same extent as the nationality, they may only be compelled to do
nationals of the State concerned. work which is normally necessary to ensure
(3) They shall be allowed to practice their the feeding, sheltering, clothing, transport
religion and to receive spiritual assistance and health of human beings and which is not
from ministers of their faith. directly related to the conduct of military
(4) If they reside in an area particularly operations.
exposed to the dangers of war, they shall be In the cases mentioned in the two
authorised to move from that area to the preceding paragraphs, protected persons
same extent as the nationals of the State compelled to work shall have the benefit of
concerned. the same working conditions and of the same
(5) Children under fifteen years, safeguards as national workers, in particular
pregnant women and others of children as regards wages, hours of labour, clothing
under seven years shall benefit by any and equipment, previous training and
preferential treatment to the same extent as compensation for occupational accidents and
the nationals f the State concerned. (GC, art. diseases.
38.) If the above provisions are infringed,
protected persons shall be allowed to exercise
their right of complaint in accordance with
Article 30. (GC, art. 40.)
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280. Internment or Assigned with a view to the favorable amendment of
Residence the initial decision, if circumstances permit.
a. Treaty Provision. Unless the protected persons concerned
Should the Power in whose hands object, the Detaining Power shall, as rapidly
protected persons may be consider the as possible, give the Protecting Power the
measures of control mentioned in the present names of any protected persons who have
Convention to be inadequate, it may not have been interned or subjected to assigned
recourse to any other measure of control residence, or who have been released from
more severe than that of assigned residence internment or assigned residence. The
or internment, in accordance with the decisions of the courts or boards mentioned
provisions of Articles 42 and 43. in the first paragraph of the present Article
In applying the provisions of Article 39, shall also, subject to the same conditions, be
second paragraph, to the cases of persons notified as rapidly as possible to the
required to leave their usual places of Protecting Power. (GC, art. 43.)
b. Prohibited Areas. The term assigned
residence by virtue of a decision placing them
residence refers to measures taken with respect
in assigned residence elsewhere, the Detaining
to individuals or families and does not include
Power shall be guided as closely as possible
prohibitions on entry into or residence in
by the standards of welfare set forth in Part
specified zones, which have been imposed on
III, Section IV of this Convention (GC, art.
groups of people by reason of their nationality or
41.)
b. Penal Legislation. The foregoing like criteria.
provision does not preclude the application of
ordinary penal legislation to protected persons. 283. Refugees
281. Grounds for Internment or In applying the measures of control
Assigned Residence; Voluntary mentioned in the present Convention, the
internment Detaining Power shall not treat as enemy
aliens exclusively on the basis of their
The internment or placing in assigned nationality de jure of an enemy State,
residence of protected persons may be refugees who do not, in fact, enjoy the
ordered only if the security of the Detaining protection of any government. (GC, art. 44.)
Power makes it absolutely necessary. b. Purpose. The purpose of the foregoing
If any person, acting through the article is to insure that refugees who may only
representatives of the Protecting Power, technically remain enemy aliens are not on that
voluntarily demands internment and if his basis automatically subject to control measures,
situation renders this step necessary, he shall notwithstanding the fact they actually are not
be interned by the Power in whose hand he protected by their government. However, the
may be. (GC, art. 42.) quoted provision does not in any way deny the
right of a State to intern any such person or
282. Procedure subject him to any other recognized measure of
a. Treaty Provision. control when there is any additional reason that
Any protected person who has been renders necessary the taking of such action as
interned or placed in assigned residence shall may be required for the security of the State in a
be entitled to have such action reconsidered moment of national crisis.
as soon as possible by an appropriate court or
administrative board designated by the 284. Transfer to Another Power
Detaining Power for that purpose. If the Protected persons shall not be transferred
internment or placing in assigned residence is to a Power which is not a party to the
maintained, the court or administrative Convention.
board shall periodically, and at least twice
yearly, give consideration to his or her case
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This provision shall in no way constitute Section V. REGULATIONS FOR
an obstacle to the repatriation of protected
persons, or to their return to their country of
THE TREATMENT OF
residence after the cessation of hostilities. INTERNEES
Protected persons may be transferred by
the Detaining Power only to a Power which is
a party to the present Convention after the 286. Cases of Internment and
Detaining Power has satisfied itself of the Provisions Applicable
willingness and ability of such transferee The Parties to the conflict shall not intern
Power to apply the present Convention. If protected persons, except in accordance with
protected persons are transferred under such the provisions of Articles 41, 42, 43, 68 and
circumstances, responsibility for the 78. (GC, art. 79.)
application of the present Convention rests on
the Power accepting them, while they are in 287. Civil Capacity
its custody. Nevertheless, if that Power fails to Internees shall retain their full civil
carry out the provisions of the present capacity and shall exercise such attendant
Convention in any important respect, the rights as may be compatible with their status.
Power by which the protected persons were (GC, art. 80.)
transferred shall, upon being so notified by
the Protecting Power, take effective measures 288. Maintenance
to correct the situation or shall request the
return of the protected persons. Such request Parties to the conflict who intern
must be complied with. protected persons shall be bound to provide
In no circumstances shall a protected free of charge for their maintenance, and to
person be transferred to a country where he grant them also the medical attention
or she may have reason to fear persecution required by their state of health.
for his or her political opinions or religious No deduction from the allowances,
beliefs. salaries or credits due to the internees shall
The provisions of this Article do not be made for the repayment of these costs.
constitute an obstacle to the extradition, in The Detaining Power shall provide for the
pursuance of extradition treaties concluded support of those dependent on the internees,
before the outbreak of hostilities, of protected if such dependents are without adequate
persons accused of offences against ordinary means of support or are unable to earn a
criminal law. (GC, art. 45.) living. (GC, art. 81.)
285. Cancellation of Restrictive 289. Grouping of Internees

Measures The Detaining Power shall, as far as
In so far as they have not been previously possible, accommodate the internees
withdrawn, restrictive measures taken according to their nationality language and
regarding protected persons shall be customs. Internees who are nationals of the
cancelled as soon as possible after the close of same country shall not be separated merely
hostilities. because they have different languages.
Restrictive measures affecting their Throughout the duration of their
property shall be cancelled, in accordance internment, members of the same family, and
with the law of the Detaining Power, as soon in particular parents and children, shall be
as possible after the close of hostilities. (GC, lodged together in the same place of
art. 46.) internment, except when separation of a
temporary nature is necessitated for reasons
of employment or health or for the purposes
of enforcement of the provisions of Chapter
IX of the present Section. Internees may
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request that their children who are left at place of internment as rapidly as
liberty without parental care shall be circumstances permit.
interned with them. The premises shall be fully protected
Wherever possible, interned members of from dampness, adequately heated and
the same family shall be housed in the same lighted, in particular between dusk and lights
premises and given separate accommodations out. The sleeping quarters shall be
from other internees, together with facilities sufficiently spacious and well ventilated, and
for leading a proper family life. (GC, art. 82. ) the internees shall have suitable bedding and
sufficient blankets, account being taken of the
290. Location of Places of Internment climate, and the age, sex, and state of health
The Detaining Power shall not set up of the internees.
places of internment in areas particularly Internees shall have for their use, day and
exposed to the dangers of war. night, sanitary conveniences which conform
The Detaining Power shall give the enemy to the rules of hygiene and are constantly
Powers, through the intermediary of the maintained in a state of cleanliness. They
Protecting Powers, all useful information shall be provided with sufficient water and
regarding the geographical location of places soap for their daily personal toilet and for
of internment. washing their personal laundry; installations
Whenever military considerations permit, and facilities necessary for this purpose shall
internment camps shall be indicated by the be granted to them. Showers or baths shall
letters IC, placed so as to be clearly visible in also be available. The necessary time shall be
the daytime from the air. The Powers set aside for washing and for cleaning.
concerned may, however, agree upon any Whenever it is necessary, as an
other system of marking. No place other than exceptional and temporary measure, to
an internment camp shall be marked as such. accommodate women internees who are not
(GC, art. 83.) members of a family unit in the same place of
internment as men, the provision of separate
291. Separate Internment sleeping quarters and sanitary conveniences
for the use of such women internees shall be
Internees shall be accommodated and
obligatory. (GC, art. 85.)
administered separately from prisoners of
war and from persons deprived of liberty for
293. Premises for Religious Services
any other reason. (GC, art. 84.)
The Detaining Power shall place at the
292. Accommodation; Hygiene disposal of interned persons, of whatever
denomination, premises suitable for the
The Detaining Power is bound to take all
holding of their religious services. (GC, art..
necessary and possible measures to ensure
86.)
that protected persons shall, from the outset
of their internment, be accommodated in
294. Canteens
buildings or quarters which afford every
possible safeguard as regards hygiene and a. Treaty Provision.
health, and provide efficient protection Canteens shall be installed in every place
against the rigours of the climate and the of internment except where other suitable
effects of the war. In no case shall permanent facilities are available. Their purpose shall be
places of internment be situated in unhealthy to enable internees to make purchases, at
areas, or in districts the climate of which is prices not higher than local market prices, of
injurious to the internees. In all cases where foodstuffs and articles of everyday use,
the district, in which a protected person is including soap and tobacco, such as would
temporarily interned, is in an unhealthy area increase their personal well-being and
or has a climate which is harmful to his comfort.
health, he shall be removed to a more suitable
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Profits made by canteens shall be credited deficiencies. Account shall also be taken of
to a welfare fund to be set up for each place of the customary diet of the internees.
internment, and administered for the benefit Internees shall also be given the means by
of the internees attached to such place of which they can prepare for themselves any
internment. The Internee Committee additional food in their possession.
provided for in Article 102 shall have the Sufficient drinking water shall be
right to check the management of the canteen supplied to internees. The use of tobacco shall
and of the said fund. be permitted.
When a place of internment is closed Internees who work shall receive
down, the balance of the welfare fund shall be additional rations in proportion to the kind of
transferred to the welfare fund of a place of labour which they perform.
internment for internees of the same Expectant and nursing mothers, and
nationality, or, if such a place does not exist, children under fifteen years of age, shall be
to a central welfare fund which shall be given additional food, in proportion to their
administered for the benefit of all internees physiological needs. (GC, art. 89.)
remaining in the custody of the Detaining
Power. In case of a general release, the said 297. Clothing
profits shall be kept by the Detaining Power, When taken into custody, internees shall
subject to any agreement to the contrary be given all facilities to provide themselves
between the Powers concerned. (GC, art. 87.) with the necessary clothing, footwear and
b. Limitation on Privilege. Interned change of underwear, and later on, to
persons are not entitled to more favorable procure further supplies if required. Should
treatment than the population at large with any internees not have sufficient clothing,
respect to canteen facilities and are equally account being taken of the climate, and be
subject to regulations, such as those pertaining unable to procure any, it shall be provided
to rationing, which are applied to the population free of charge to them by the Detaining
generally. Power.
The clothing supplied by the Detaining
295. Air-Raid Shelters and Protective Power to internees and the outward markings
Measures placed on their own clothes shall not be
In all places of internment exposed to air ignominious nor expose them to ridicule.
raids and other hazards of war, shelters Workers shall receive suitable working
adequate in number and structure to ensure outfits, including protective clothing,
the necessary protection shall be installed. In whenever the nature of their work so
case of alarms, the internees shall be free to requires. (GC, art. 90.)
enter such shelters as quickly as possible,
excepting those who remain for the protection 298. Medical Attention
of their quarters against the aforesaid Every place of internment shall have an
hazards. Any protective measures taken in adequate infirmary, under the direction of a
favour of the population shall also apply to qualified doctor, where internees may have
them. the attention they require, as well as an
All due precautions must be taken in appropriate diet. Isolation wards shall be set
places of internment against the danger of aside for cases of contagious or mental
fire. (GC, art. 88.) diseases.
Maternity cases and internees suffering
296. Food from serious diseases, or whose condition
Daily food rations for internees shall be requires special treatment, a surgical
sufficient in quantity, quality, and variety to operation or hospital care, must be admitted
keep internees in a good state of health and to any institution where adequate treatment
prevent the development of nutritional can be given and shall receive care not
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inferior to that provided for the general belonging to the same religion. Should such
population. ministers be too few in number, the Detaining
Internees shall, for preference, have the Power shall provide them with the necessary
attention of medical personnel of their own facilities, including means of transport, for
nationality. moving from one place to another, and they
Internees may not be prevented from shall be authorized to visit any internees who
presenting themselves to the medical are in hospital. Ministers of religion shall be
authorities for examination. The medical at liberty to correspond on matters
authorities of the Detaining Power shall, upon concerning their ministry with the religious
request, issue to every internee who has authorities in the country of detention and, as
undergone treatment an official certificate far as possible, with the international
showing the nature of his illness or injury, religious organizations of their faith. Such
and the duration and nature of the treatment correspondence shall not be considered as
given. A duplicate of this certificate shall be forming a part of the quota mentioned in
for-warded to the Central Agency provided Article 107. It shall, however, be subject to
for in Article 140. the provisions of Article 112.
Treatment, including the provision of any When internees do not have at their
apparatus necessary for the maintenance of disposal the assistance of ministers of their
internees in good health, particularly faith, or should these latter be too few in
dentures and other artificial appliances and number, the local religious authorities of the
spectacles, shall be free of charge to the same faith may appoint, in agreement with
internee. (GC, art. 91.) the Detaining Power, a minister of the
internees faith or, if such a course is feasible
299. Medical Inspection from a denominational point of view, a
Medical inspections of internees shall be minister of similar religion or a qualified
made at least once a month. Their purpose layman. The latter shall enjoy the facilities
shall be, in particular, to supervise the granted to the ministry he has assumed.
general state of health, nutrition and Persons so appointed shall comply with all
cleanliness of internees, and to detect regulations laid down by the Detaining Power
contagious diseases, especially tuberculosis, in the interests of discipline and security.
malaria, and venereal diseases. Such (GC, art. 93.)
inspections shall include, in particular, the
checking of weight of each internee and, at 301. Recreational Study, Sports, and
least once a year, radioscopic examination. Games
(GC, art. 92) The Detaining Power shall encourage
intellectual, educational and recreational
300. Religious Freedoms pursuits, sports and games amongst
Internees shall enjoy complete latitude in internees, whilst leaving them free to take
the exercise of their religious duties including part in them or not. It shall take all
attendance at the services of their faith, on practicable measures to ensure the exercise
condition that they comply with the thereof, in particular by providing suitable
disciplinary routine prescribed by the premises.
detaining authorities. All possible facilities shall be granted to
Ministers of religion who are interned internees to continue their studies or to take
shall be allowed to minister freely to the up new subjects. The education of children
members of their community. For this and young people shall be ensured; they shall
purpose, the Detaining Power shall ensure be allowed to attend schools either within the
their equitable allocation amongst the various place of internment or outside.
places of internment in which there are Internees shall be given opportunities for
internees speaking the same language and physical exercise, sports and outdoor games.
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For this purpose, sufficient open spaces shall the Detaining Power, due regard being paid
be set aside in all places of internment. to the obligation of the Detaining Power to
Special playgrounds shall be reserved for provide for free maintenance of internees and
children and young people. (GC, art. 94.) for the medical attention which their state of
health may require. Internees permanently
302. Working Conditions detailed for categories of work mentioned in
a. Treaty Provision. the third paragraph of this Article, shall be
The Detaining Power shall not employ paid fair wages by the Detaining Power. The
internees as workers, unless they so desire. working conditions and the scale of
Employment which, if undertaken under compensation for occupational accidents and
compulsion by a protected person not in diseases to internees thus detailed, shall not
internment, would involve a breach of be inferior to those applicable to work of the
Articles 40 or 51 of the present Convention, same nature in the same district. (GC, art.
and employment on work which is of a 95.)
degrading or humiliating character are in any b. Wages. Since internees are free of
case prohibited. normal financial responsibilities, they are not
After a working period of six weeks, entitled to receive from the Detaining Power by
internees shall be free to give up work at any way of wages the whole of the amount paid over
moment, subject to eight days notice. by their employers.
These provisions constitute no obstacle to
the right of the Detaining power to employ 303. Labor Detachments
interned doctors, dentists and other medical All labour detachments shall remain part
personnel in their professional capacity on of and dependent upon a place of internment.
behalf of their fellow internees, or to employ The competent authorities of the Detaining
internees for administrative and maintenance Power and the commandant of a place of
work in places of internment and to detail internment shall be responsible for the
such persons for work in the kitchens or for observance in a labour detachment of the
other domestic tasks, or to require such provisions of the present Convention. The
persons to undertake duties connected with commandant shall keep an up-to-date list of
the protection of internees against aerial the labour detachments subordinate to him
bombardment or other war risks. No internee and shall communicate it to the delegates of
may, however, be required to perform tasks the Protecting Power, of the International
for which he is, in the opinion of a medical Committee of the Red Cross and of other
officer, physically unsuited. humanitarian organizations who may visit
The Detaining Power shall take entire the places of internment. (GC, art. 96.)
responsibility for all working conditions, for
medical attention, for the payment of wages, 304. Valuables and Personal Effects
and for ensuring that all employed internees Internees shall be permitted to retain
receive compensation for occupational articles of personal use. Monies, cheques,
accidents and diseases. The standards bonds, etc., and valuables in their possession
prescribed for the said working conditions may not be taken from them except in
and for compensation shall be in accordance accordance with established procedure.
with the national laws and regulations, and Detailed receipts shall be given therefor.
with the existing practice; they shall in no The amounts shall be paid into the
case be inferior to those obtaining for work of account of every internee as provided for in
the same nature in the same district. Wages Article 98. Such amounts may not be
for work done shall be determined on an converted into any other currency unless
equitable basis by special agreements legislation in force in the territory in which
between the internees, the Detaining Power, the owner is interned so requires or the
and, if the case arises, employers other than internee gives his consent.
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Articles which have above all a personal which are prohibited by Article 27 of the
or sentimental value may not be taken away. present Convention.
A woman internee shall not be searched The Detaining Power shall open a regular
except by a woman. account for every internee, to which shall be
On release or repatriation, internees shall credited the allowances named in the present
be given all articles, monies or other Article, the wages earned and the remittances
valuables taken from them during internment received, together with such sums taken from
and shall receive in currency the balance of him as may be available under the legislation
any credit to their accounts kept in in force in the territory in which he is
accordance with Article 98, with the interned. Internees shall be granted all
exception of any articles or amounts withheld facilities consistent with the legislation in
by the Detaining Power by virtue of its force in such territory to make remittances to
legislation in force. If the property of an their families and to other dependants. They
internee is so withheld, the owner shall may draw from their accounts the amounts
receive a detailed receipt. necessary for their personal expenses, within
Family or identity documents in the the limits fixed by the Detaining Power. They
possession of internees may not be taken shall at all times be afforded reasonable
away without a receipt being given. At no facilities for consulting and obtaining copies
time shall internees be left without identity of their accounts. A statement of accounts
documents. If they have none, they shall be shall be furnished to the Protecting Power on
issued with special documents drawn up by request, and shall accompany the internee in
the detaining authorities, which will serve as case of transfer. (GC, art. 98.)
their identity papers until the end of their
internment. 306. Camp Administration
Internees may keep on their persons a Every place of internment shall be put
certain amount of money, in cash or in the under the authority of a responsible officer,
shape of purchase coupons, to enable them to chosen from the regular military forces or the
make purchases. (GC, art. 97.) regular civil administration of the Detaining
Power. The officer in charge of the place of
305. Financial Allowance and internment must have in his possession a copy
Individual Accounts of the present Convention in the official
All internees shall receive regular language or one of the official languages, of
allowances, sufficient to enable them to his country and shall be responsible for its
purchase goods and articles, such as tobacco, application. The staff in control of internees
toilet requisites, etc. Such allowances may shall be instructed in the provisions of the
take the form of credits or purchase coupons. present Convention and of the administrative
Furthermore, internees may receive measures adopted to ensure its application.
allowances from the Power to which they owe The text of the present Convention and
allegiance, the Protecting Powers, the the texts of special agreements concluded
organizations which may assist them, or their under the said Convention shall be posted
families, as well as the income on their inside the place of internment, in a language
property in accordance with the law of the which the internees understand, or shall be in
Detaining Power. The amount of allowances the possession of the Internee Committee.
granted by the Power to which they owe Regulations, orders, notices and
allegiance shall be the same for each category publications of every kind shall be
of internees (infirm, sick, pregnant women, communicated to the internees and posted
etc.), but may not be allocated by that Power inside the places of internment, in a language
or distributed by the Detaining Power on the which they understand.
basis of discriminations between internees Every order and command addressed to
internees individually, must likewise, be given
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in a language which they understand. (GC, or a report within the meaning of the foregoing
art. 99.) provision.
307. General Discipline 309. Election of Internee Committees

The disciplinary regime in places of In every place of internment, the
internment shall be consistent with internees shall freely elect by secret ballot
humanitarian principles, and shall in no every six months, the members of a
circumstances include regulations imposing Committee em-powered to represent them
on internees any physical exertion dangerous before the Detaining and the Protecting
to their health or involving physical or moral Powers, the International Committee of the
victimization. Identification by tattooing or Red Cross and any other organization which
imprinting signs or markings on the body, is may assist them. The members of the
prohibited. Committee shall be eligible for re-election.
In particular, prolonged standing and Internees so elected shall enter upon their
roll-calls, punishment drill, military drill and duties after their election has been approved
maneuvers, or the reduction of food rations, by the detaining authorities. The reasons for
are prohibited. (GC, art. 100.) any refusals or dismissals shall be
communicated to the Protecting Powers
308. Complaints and Petitions concerned. (GC, art. 102.)
Internees shall have the right to present 310. Duties of Internee Committees
to the authorities in whose power they are, The Internee Committees shall further
any petition with regard to the conditions of the physical, spiritual and intellectual well-
internment to which they are subjected. being of the internees.
They shall also have the right to apply In case the internees decide, in particular,
without restriction through the Internee to organize a system of mutual assistance
Committee or, if they consider it necessary, amongst themselves, this organization would
direct to the representatives of the Protecting be within the competence of the Committees
Power, in order to indicate to them any points in addition to the special duties entrusted to
on which they may have complaints to make them under other provisions of the present
with regard to the conditions of internment. Convention. (GC, art. 103.)
Such petitions and complaints shall be
transmitted forthwith and without alteration, 311. Prerogatives of Internee
and even if the latter are recognized to be Committees
unfounded, they may not occasion any Members of Internee Committees shall
punishment. not be required to perform any other work, if
Periodic reports on the situation in places the accomplishment of their duties is
of internment and as to the needs of the rendered more difficult thereby.
internees, may be sent by the Internee Members of Internee Committees may
Committees to the representatives of the appoint from amongst the internees such
Protecting Powers. (GC, art. 101.) assistants as they may require. All material
b. Censorship. The Detaining Power has facilities shall be granted to them,
the right to examine and censor the complaints, particularly a certain freedom of movement
petitions, and reports referred to above in the necessary for the accomplishment of their
same manner as correspondence addressed to duties (visits to labour detachments, receipt
internees or dispatched by them. It may also of supplies, etc.).
examine such complaints and reports to the All facilities shall likewise be accorded to
representatives of the Protecting Power to verify members of Internee Committees for
that they are what they purport to be and to communication by post and telegraph with
delete matter not constituting either a complaint the detaining authorities, the Protecting
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Powers, the International Committee of the the models annexed to the present
Red Cross and their delegates, and with the Convention. If limitations must be placed on
organizations which give assistance to the correspondence addressed to internees,
internees. Committee members in labour they may be ordered only by the Power to
detachments shall enjoy similar facilities for which such internees owe allegiance, possibly
communication with their Internee at the request of the Detaining Power. Such
Committee in the principal place of letters and cards must be conveyed with
internment. Such communications shall not reasonable despatch; they may not be delayed
be limited, nor considered as forming a part or retained for disciplinary reasons.
of the quota mentioned in Article 107. Internees who have been a long time
Members of Internee Committees who without news, or who find it impossible to
are transferred shall be allowed a reasonable receive news from their relatives, or to give
time to acquaint their successors with current them news by the ordinary postal route, as
affairs. (GC, art. 104.) well as those who are at a considerable
distance from their homes, shall be allowed to
312. Notification of Measures Taken send telegrams, the charges being paid by
Immediately upon interning protected them in the currency at their disposal. They
persons, the Detaining Powers shall inform shall likewise benefit by this provision in
them, the Power to which they owe allegiance cases which are recognized to be urgent.
and their Protecting Power of the measures As a rule, internees mail shall be written
taken for executing the provisions of the in their own language. The Parties to the
present Chapter. The Detaining Powers shall conflict may authorize correspondence in
likewise inform the Parties concerned of any other languages. (GC, art. 107.)
subsequent modifications of such measures.
(GC, art, 106.) 315. Relief Shipments
Internees shall be allowed to receive, by
313. Internment Card post or by any other means, individual
As soon as he is interned, or at the latest parcels or collective shipments containing in
not more than one week after his arrival in a particular foodstuffs, clothing, medical
place of internment, and likewise in cases of supplies, as well as books and objects of a
sickness or transfer to another place of devotional, educational or recreational
internment or to a hospital, every internee character which may meet their needs. Such
shall be enabled to send direct to his family, shipments shall in no way free the Detaining
on the one hand, and to the Central Agency Power from the obligations imposed upon it
provided for by Article 140, on the other, an by virtue of the present Convention.
internment card similar, if possible, to the Should military necessity require the
model annexed to the present Convention, in- quantity of such shipments to be limited, due
forming his relatives of his detention, address notice thereof shall be given to the Protecting
and state of health. The said cards shall be Power and to the International Committee of
forwarded as rapidly as possible and may not the Red Cross, or to any other organization
be delayed in any way. (GC, art. 106.) giving assistance to the internees and
responsible for the forwarding of such
314. Correspondence shipments.
The conditions for the sending of
Internees shall be allowed to send and
individual parcels and collective shipments
receive letters and cards. If the Detaining
shall, if necessary, be the subject of special
Power deems it necessary to limit the number
agreements between the Powers concerned,
of letters and cards sent by each internee, the
which may in no case delay the receipt by the
said number shall not be less than two letters
internees of relief supplies. Parcels of clothing
and four cards monthly; these shall be drawn
and foodstuffs may not include books.
up so as to conform as closely as possible to
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Medical relief supplies shall, as a rule, be sent shall be bound to grant freedom from charges
in collective parcels. (GC, art. 108.) in the same circumstances.
The cost of transporting relief shipments
316. Collective Relief which are intended for internees and which,
In the absence of special agreements by reason of their weight or any other cause,
between Parties to the conflict regarding the cannot be sent through the post office, shall
conditions for the receipt and distribution of be borne by the Detaining Power in all the
collective relief shipments, the regulations territories under its control. Other Powers
concerning collective relief which are annexed which are Parties to the present Convention
to the present Convention shall be applied. shall bear the cost of transport in their
The special agreements provided for respective territories.
above shall in no case restrict the right of Costs connected with the transport of
Internee Committees to take possession of such shipments which are not covered by the
collective relief shipments intended for above paragraphs, shall be charged to the
internees, to undertake their distribution and senders.
to dispose of them in the interests of the The High Contracting Parties shall
recipients. endeavour to reduce, so far as possible, the
Nor shall such agreements restrict the charges for telegrams sent by internees, or
right of representatives of the Protecting addressed to them. (GC, art. 110.)
Powers, the International Committee of the b. Exemption Under Universal Postal
Red Cross, or any other organization giving Convention of 1952. See paragraph 150b.
assistance to internees and responsible for the
forwarding of collective shipments, to 318. Special Means of Transport
supervise their distribution to the recipients. Should military operations prevent the
(GC, art. 109.) Powers concerned from fulfilling their
obligation to ensure the conveyance of the
317. Exemption From Postal and mail and relief shipments provided for in
Transport Charges Articles 106, 107, 108 and 113, the Protecting
a. Treaty Provision. Powers concerned, the International
All relief shipments for internees shall be Committee of the Red Cross or any other
exempt from import, customs and other dues. organization duly approved by the Parties to
All matter sent by mail, including relief the conflict may undertake the conveyance of
parcels sent by parcel post and remittances of such shipments by suitable means (rail, motor
money, addressed from other countries to vehicles, vessels or aircraft, etc.). For this
internees or dispatched by them through the purpose, the High Contracting Parties shall
post office, either direct or through the endeavour to supply them with such
Information Bureaux provided for in Article transport, and to allow its circulation,
136 and the Central Information Agency especially by granting the necessary safe-
provided for in Article 140, shall be exempt conducts.
from all postal dues both in the countries of Such transport may also be used to
origin and destination and in intermediate convey:
countries. To this end, in particular, the (a) correspondence, lists and reports
exemption provided by the Universal Postal exchanged between the Central Information
Convention of 1947 and by the agreements of Agency referred to in Article 140 and the
the Universal Postal Union in favour of National Bureaux referred to in Article 136;
civilians of enemy nationality detained in (b) correspondence and reports
camps or civilian prisons, shall be extended to relating to internees which the Protecting
the other interned persons protected by the Powers, the International Committee of the
present Convention. The countries not Red Cross or any other organization assisting
signatory to the above-mentioned agreements
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the internees exchange either with their own Agency provided for in Article 140, or as
delegates or with the Parties to the conflict. otherwise required, of wills, powers of
These provisions in no way detract from attorney, letters of authority, or any other
the right of any Party to the conflict to documents intended for internees or
arrange other means of transport if it should dispatched by them.
so prefer, nor precluding the granting of safe- In all cases the Detaining Powers shall
conducts, under mutually agreed conditions, facilitate the execution and authentication in
to such means of transport. due legal form of such documents on behalf of
The costs occasioned by the use of such internees, in particular by allowing them to
means of transport shall be borne, in consult a lawyer. (GC, art. 123.)
proportion to the importance of the
shipments, by the Parties to the conflict 321. Management of Property
whose nationals are benefited thereby. (GC, The Detaining Power shall afford
art. 111.) internees all facilities to enable them to
manage their property, provided this is not
319. Censorship and Examination incompatible with the conditions of
a. Treaty Provision. internment and the law which is applicable.
The censoring of correspondence For this purpose, the said Power may give
addressed to internees or dispatched by them them permission to leave the place of
shall be done as quickly as possible. internment in urgent cases and if
The examination of consignments circumstances allow. (GC, art. 114.)
intended for internees shall not be carried out
under conditions that will expose the goods in 322. Facilities for Preparation and
them to deterioration. It shall be done in the Conduct of Cases
presence of the addressee, or of a fellow- In all cases where an internee is a party to
internee duly delegated by him. The delivery proceedings in any court, the Detaining
to internees of individual or collective Power shall, if he so requests, cause the court
consignments shall not be delayed under the to be informed of his detention and shall,
pretext of difficulties of censorship. within legal limits, ensure that all necessary
Any prohibition of correspondence steps are taken to prevent him from being in
ordered by the Parties to the conflict either anyway prejudiced, by reason of his
for military or political reasons, shall be only internment, as regards the preparation and
temporary and its duration shall be as short conduct of his case or as regards the
as possible. (GC, art. 112.) execution of any judgment of the court. (GC,
b. Material Subject to Censorship. The art 115.)
Detaining Power may examine and censor all
communications sent to or by internees, 323. Visits
including correspondence and telegrams (GC,
art. 107; par. 314 herein) and relief shipments ( Every internee shall be allowed to receive
GC, art, 108; par. 315 herein) with a view to visitors, especially near relatives, at regular
deleting matter prejudicial to its military intervals and as frequently as possible.
security. See paragraph 308b concerning the As far as is possible, internees shall be
censorship of complaints, petitions, and reports permitted to visit their homes in urgent cases,
submitted pursuant to Article 101, GC. particularly in cases of death or serious
illness of relatives. (GC, art. 116.)
320. Execution and Transmission of
Legal Documents 324. Penal and Disciplinary
Sanctions: General Provisions
The Detaining Powers shall provide all
reasonable facilities for the transmission Subject to the provisions of the present
through the Protecting Power or the Central Chapter, the laws in force in the territory in
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which they are detained will continue to (3) Fatigue duties, not exceeding two
apply to internees who commit offences hours daily, in connection with the
during internment. maintenance of the place of internment.
If general laws, regulations or orders (4) Confinement.
declare acts committed by internees to be In no case shall disciplinary penalties be
punishable, whereas the same acts are not inhuman, brutal or dangerous for the health
punishable when committed by persons who of internees. Account shall be taken of the
are not internees, such acts shall entail internees age, sex and state of health.
disciplinary punishments only. The duration of any single punishment
No internee maybe punished more than shall in no case exceed a maximum of thirty
once for the same act, or on the same count. consecutive days, even if the internee is
(GC, art. 117.) answerable for several breaches of discipline
when his case is dealt with, whether such
325. Penalties breaches are connected or not. (GC, art. 119.)
The courts or authorities shall in passing
sentence take as far as possible into account 327. Escapes
the fact that the defendant is not a national of Internees who are recaptured after
the Detaining Power. They shall be free to having escaped or when attempting to escape,
reduce the penalty prescribed for the offence shall be liable only to disciplinary punishment
with which the internee is charged and shall in respect of this act, even if it a repeated
not be obliged, to this end, to apply the offence.
minimum sentence prescribed. Article 118, paragraph 3,
Imprisonment in premises without notwithstanding, internees punished as a
daylight and; in general, all forms of cruelty result of escape or attempt to escape, may be
without exception are forbidden. subjected to special surveillance, on condition
Internees who have served disciplinary or that such surveillance does not affect the state
judicial sentences shall not be treated of their health, that it is exercised in a place of
differently from other internees. internment and that it does not entail the
The duration of preventive detention abolition of any of the safeguards granted by
undergone by an internee shall be deducted the present Convention.
from any disciplinary or judicial penalty Internees who aid and abet an escape or
involving confinement to which he may be attempt to escape, shall be liable on this count
sentenced. to disciplinary punishment only. (GC, art.
Internee Committees shall be informed of 120.)
all judicial proceedings instituted against
internees whom they represent, and of their 328. Connected Offenses
result. (GC, art 118.) Escape, or attempt to escape, even if it is a
repeated offence, shall not be deemed an
326. Disciplinary Punishments aggravating circumstance in cases where an
The disciplinary punishments applicable internee is prosecuted for offences committed
to internees shall be he following: during his escape.
(1) A fine which shall not exceed 50 per The Parties to the conflict shall ensure
cent of the wages which the internee would that the competent authorities exercise
otherwise receive under the provisions of leniency in deciding whether punishment
Article 95 during a period of not more than inflicted for an offence shall be of a
thirty days. disciplinary or judicial nature, especially in
(2) Discontinuance of privileges granted respect of acts committed in connection with
over and above the treatment provided for by an escape, whether successful or not. (GC, art.
the present Convention. 121.)
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329. Investigations and Confinement inspection by representatives of the
Awaiting Hearing Protecting Power. (GC, art. 123.)
Acts which constitute offences against
discipline shall be investigated immediately. 331. Premises for Disciplinary
This rule shall be applied, in particular, in Punishments
cases of escape or attempt to escape. Internees shall not in any case be
Recaptured internees shall be handed over to transferred to penitentiary establishments
the competent authorities as soon as possible. (prisons, penitentiaries, convict prisons, etc.)
In cases of offences against discipline, to undergo punishment therein.
confinement awaiting trial shall be reduced to The premises in which disciplinary
an absolute minimum for all internees, and punishments are undergone shall conform to
shall not exceed fourteen days. Its duration sanitary requirements; they shall in
shall in any case be deducted from any particular be provided with adequate
sentence of confinement. bedding. Internees undergoing punishment
The provisions of Articles 124 and 125 shall be enabled to keep themselves in a state
shall apply to internees who are in of cleanliness.
confinement awaiting trial for offences Women internees undergoing disciplinary
against discipline. (GC, art. 122.) punishment shall be confined in separate
quarters from male internees and shall be
330. Procedure under the immediate supervision of women.
Without prejudice to the competence of (GC, art. 124.)
courts and higher authorities, disciplinary
punishment may be ordered only by the 332. Essential Safeguards
commandant of the place of internment, or by Internees awarded disciplinary
a responsible officer or official who replaces punishment shall be allowed to exercise and
him, or to whom he has delegated his to stay in the open air at least two hours
disciplinary powers. daily.
Before any disciplinary punishment is They shall be allowed, if they so request,
awarded, the accused internee shall be given to be present at the daily medical inspections.
precise information regarding the offences of They shall receive the attention which their
which he is accused, and given an opportunity state of health requires and, if necessary,
of explaining his conduct and of defending shall be removed to the infirmary of the place
himself. He shall be permitted, in particular, of internment or to a hospital.
to call witnesses and to have recourse, if They shall have permission to read and
necessary, to the services of a qualified write, likewise to send and receive letters.
interpreter. The decision shall be announced Parcels and remittances of money, however,
in the presence of the accused and of a may be withheld from them until the
member of the Internee Committee. completion of their punishment; such
The period elapsing between the time of consignments shall meanwhile be entrusted to
award of a disciplinary punishment and its the Internee Committee, who will hand over
execution shall not exceed one month. to the infirmary the perishable goods
When an internee is awarded a further contained in the parcels.
disciplinary punishment, a period of at least No internee given a disciplinary
three days shall elapse between the execution punishment may be deprived of the benefit of
of any two of the punishments, if the duration the provisions of Articles 107 and 143 of the
of one of these is ten days or more. Present Convention. (GC, art. 125.)
A record of disciplinary punishments
shall be maintained by the commandant of
the place of internment and shall be open to
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333. Provisions Applicable to 335. Transfers: Method
Judicial Proceedings In the event of transfer, internees shall be
The provisions of Articles 71 to 76 officially advised of their departure and of
inclusive shall apply, by analogy, to their new postal address. Such notification
proceedings against internees who are in the shall be given in time for them to pack their
national territory of the Detaining Power. luggage and inform their next of kin.
(GC, art. 126.) They shall be allowed to take with them
their personal effects, and the correspondence
334. Transfers: Conditions and parcels which have arrived for them. The
The transfer of internees shall always be weight of such baggage may be limited if the
effected humanely. As a general rule, it shall conditions of transfer so require but in no
be carried out by rail or other means of case to less than twenty-five kilograms per
transport, and under conditions at least equal internee [55 pounds].
to those obtaining for the forces of the Mail and parcels addressed to their
Detaining Power in their changes of station. former place of internment shall be
If, as an exceptional measure, such removals forwarded to them without delay.
have to be effected on foot, they may not take The commandant of the place of
place unless the internees are in a fit state of internment shall take, in agreement with the
health, and may not in any case expose them Internee Committee, any measures needed to
to excessive fatigue. ensure the transport of the internees
The Detaining Power shall supply community property and of the luggage the
internees during transfer with drinking water internees are unable to take with them in
and food sufficient in quantity, quality and consequence of restrictions imposed by virtue
variety to maintain them in good health, and of the second paragraph. (GC, art. 128.)
also with the necessary clothing, adequate
shelter and the necessary medical attention. 336. Wills and Death Certificates
The Detaining Power shall take all suitable The wills of internees shall be received for
precautions to ensure their safety during safekeeping by the responsible authorities;
transfer, and shall establish before their and in the event of the death of an internee
departure a complete list of all internees his will shall be transmitted without delay to
transferred. a person whom he has previously designated.
Sick, wounded or infirm internees and Deaths of internees shall be certified in
maternity cases shall not be transferred if the every case by a doctor, and a death certificate
journey would be seriously detrimental to shall be made out, showing the causes of
them, unless their safety imperatively so death and the conditions under which it
demands. occurred.
If the combat zone draws close to a place An official record of the death, duly
of internment, the internees in the said place registered, shall be drawn up in accordance
shall not be transferred unless their removal with the procedure relating thereto in force in
can be carried out in adequate conditions of the territory where the place of internment is
safety, or unless they are exposed to greater situated, and a duly certified copy of such
risks by remaining on the spot than by being record shall he transmitted without delay to
transferred. the Protecting Power as well as to the Central
When making decisions regarding the Agency referred to in Article 140. (GC, art.
transfer of internees, the Detaining Power 129.)
shall take their interests into account and, in
particular, shall not do anything to increase 337. Burial and Cremation
the difficulties of repatriating them or The detaining authorities shall ensure
returning them to their own homes. (GC, art. that internees who die while interned are
127.) honorably buried, if possible according to the
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rites of the religion to which they belonged, b. Criminal Prosecution. If a criminal
and that their graves are respected, properly prosecution is undertaken on the facts revealed
maintained, and marked in such a way that on preliminary investigation, there need not be
they can always be recognized. any other official inquiry.
Deceased internees shall be buried in
individual graves unless unavoidable 339. Release, Repatriation, and
circumstances require the use of collective Accommodation in Neutral
graves. Bodies may be cremated only for Countries During Hostilities or
imperative reasons of hygiene on account of Occupation
the religion of the deceased or in accordance
Each interned person shall be released by
with his expressed wish to this effect. In case
the Detaining Power as soon as the reasons
of cremation, the fact shall be stated and the
which necessitated his internment no longer
reasons given in the death certificate of the
exist.
deceased. The ashes shall be retained for safe-
The Parties to the conflict shall,
keeping by the detaining authorities and shall
moreover, endeavour during the course of
be transferred as soon as possible to the next
hostilities, to conclude agreements for the
of kin on their request.
release, the repatriation, the return to places
As soon as circumstances permit, and not
of residence or the accommodation in a
later than the close of hostilities, the
neutral country of certain classes of internees,
Detaining Power shall forward Mite of graves
in particular children, pregnant women and
of deceased. internees to the Powers on whom
mothers with infants and young children,
the deceased internees depended, through the
wounded and sick, and internees who have
Information Bureaux provided for in Article:
been detained for a long time. (GC, art. 132.)
136. Such lists shall include all particulars
necessary for the identification of the
deceased internees, as well as the exact
340. Release, Repatriation and
location of their graves. (GC, art. 130.) Accommodation in Neutral
Countries After the Close of
338. Internees Killed or Injured in Hostilities
Special Circumstances Internment shall cease as soon as possible
a. Treaty Provision. after the close of hostilities.
Every death or serious injury of an Internees in the territory of a Party to the
internee, caused or suspected to have been conflict against whom penal proceedings are
caused by a sentry, another internee or any pending for offences not exclusively subject to
other person, as well as any death the cause of disciplinary penalties may be detained until
which is unknown, shall be immediately the close of such proceedings and, if
followed by an official inquiry by the circumstances require, until the completion of
Detaining Power. the penalty. The same shall apply to internees
A communication on this subject shall be who have been previously sentenced to a
sent immediately to the Protecting Power. punishment depriving them of liberty.
The evidence of any witnesses shall be taken, By agreement between the Detaining
and a report including such evidence shall be Power and the Powers concerned, committees
prepared and forwarded to the said may be set up after the close of hostilities, or
Protecting Power. of the occupation of territories, to search for
If the enquiry indicates the guilt of one or dispersed internees. (GC, art. 133.)
more persons, the Detaining Power shall take
all necessary steps to ensure the prosecution 341. Repatriation and Return to Last
of the person or persons responsible. (GC, art. Place of Residence
131.) The High Contracting Parties shall
endeavour, upon the close of hostilities or
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occupation, to ensure the return of all Each of the parties to the conflict shall,
internees to their last place of residence, or to within the shortest possible period, give its
facilitate their repatriation. (GC, art. 134.) Bureau information of any measure taken by
it concerning any protected persons who are
342. Costs kept in custody for more than two weeks, who
The Detaining Power shall bear the are subjected to assigned residence or who
expense of returning released internees to the are interned. It shall, furthermore, require its
places where they were residing when various departments concerned with such
interned, or, if it took them into custody while matters to provide the aforesaid Bureau
they were in transit or on the high seas, the promptly with information concerning all
cost of completing their journey or of their changes pertaining to these protected
return to their point of departure. persons, as, for example, transfers, releases,
Where a Detaining Power refuses repatriations, escapes, admittances to
permission to reside in its territory to a hospitals, births, and deaths. (GC, art. 136.)
released internee who previously had his
permanent domicile therein, such Detaining 344. Transmission of Information
Power shall pay the cost of the said internees Each national Bureau shall immediately
repatriation. If, however, the internee elects forward information concerning protected
to return to his country on his own persons by the most rapid means to the
responsibility or in obedience to the Powers of whom the aforesaid persons are
Government of the Power to which he owes nationals, or to Powers in whose territory
allegiance, the Detaining Power need not pay they resided, through the intermediary of the
the expenses of his journey beyond the point Protecting Powers and likewise through the
of his departure from its territory. The Central Agency provided for in Article 140.
Detaining Power need not pay the costs of The Bureaux shall also reply to all enquiries
repatriation of an internee who was interned which may be received regarding protected
at his own request. persons.
If internees are transferred in accordance Information Bureaux shall transmit
with Article 45, the transferring and receiving information concerning a protected person
Powers shall agree on the portion of the unless its transmission might be detrimental
above costs to be borne by each. to the person concerned or to his or her
The foregoing shall not prejudice such relatives. Even in such a case, the information
special agreements as may be concluded may not be withheld from the Central Agency
between Parties to the conflict concerning the which, upon being notified of the
exchange and repatriation of their nationals circumstances, will take the necessary
in enemy hands. (GC, art. 135.) precautions indicated in Article 140.
All communications in writing made by
Section VI. INFORMATION any Bureau shall be authenticated by a
BUREAUS, CENTRAL AGENCY, signature or a seal. (GC, art. 137.)
AND RELIEF SOCIETIES 345. Particulars Required
The information received by the national
Bureau and transmitted by it shall be of such
343. National Bureaus
a character as to make it possible to identify
Upon the outbreak of a conflict and in all the protected person exactly and to advise his
cases of occupation, each of the Parties to the next of kin quickly. The information in
conflict shall establish an official Information respect of each person shall include at least
Bureau responsible for receiving and his surname, first names, place and date of
transmitting information in respect of the birth, nationality, last residence and
protected persons who are in its power. distinguishing characteristics, the first name
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of the father and the maiden name of the persons whom the said information concerns,
mother, the date, place and nature of the or to their relatives. It shall receive from the
action taken with regard to the individual, the Parties to the conflict all reasonable facilities
address at which correspondence may be sent for effecting such transmissions.
to him and the name and address of the The High Contracting Parties, and in
person to be informed. particular those whose nationals benefit by
Likewise, information regarding the state the services of the Central Agency, are
of health of internees who are seriously ill or requested to give the said Agency the
seriously wounded shall be supplied regularly financial aid it may require.
and if possible every week. (GC, art. 138.) The foregoing provisions shall in no way
be interpreted as restricting the humanitarian
346. Forwarding of Personal activities of the International Committee of
Valuables the Red Cross and of the relief societies
Each national Information Bureau shall, described in Article 142. (GC, art. 140.)
furthermore be responsible for collecting all
personal valuables left by protected persons 348. Exemption From Charges
mentioned in Article 136, in particular those The national Information Bureau and the
who have been repatriated or released, or Central Information Agency shall enjoy free
who have escaped or died; it shall forward postage for all mail, likewise the exemptions
the said valuables to those concerned, either provided for in Article 110, and further, so
direct, or, if necessary, through the Central far as possible, exemption from telegraphic
Agency. Such articles shall be sent by the charges or, at least, greatly reduced rates.
Bureau in sealed packets which shall be (GC, art 141.)
accompanied by statements giving clear and
full identity particulars of the person to 349. Relief Societies and Other
whom the articles belonged, and by a Organizations
complete list of the contents of the parcel. Subject to the measures which the
Detailed records shall be maintained of the Detaining Powers may consider essential to
receipt and despatch of all such valuables. ensure their security or to meet any other
(GC, art. 139.) reasonable need, the representatives of
religious organizations, relief societies, or any
347. Central Agency other organizations assisting the protected
A Central Information Agency for persons, shall receive from these Powers, for
protected persons, in particular for internees, themselves or their duly accredited agents, all
shall be created in a neutral country. The facilities for visiting the protected persons, for
International Committee of the Red Cross distributing relief supplies and material from
shall, if it deems necessary, propose to the any source, intended for educational,
Powers concerned the organization of such an recreational or religious purposes, or for
Agency, which may be the same as that assisting them in organizing their leisure time
provided for in Article 123 of the Geneva within the places of internment. Such
Convention relative to the Treatment of societies or organizations maybe constituted
Prisoners of War of August 12, 1949. in the territory of the Detaining Power, or in
The function of the Agency shall be to any other country, or they may have an
collect all information of the type set forth in international character.
Article 136 which it may obtain through The Detaining Power may limit the
official or private channels and to transmit it number of societies and organizations whose
as rapidly as possible to the countries of delegates are allowed to carry out their
origin or of residence of the persons activities in its territory and under its
concerned, except in cases where such supervision, on condition, however, that such
transmissions might be detrimental to the limitation shall not hinder the supply of
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effective and adequate relief to all protected
persons.
The special position of the International
Committee of the Red Cross in this field shall
be recognized and respected at all times. (GC,
art. 142.)
350. Supervision
Representatives or delegates of the
Protecting Powers shall have permission to go
to all places where protected persons are,
particularly to places of internment detention
and work.
They shall have access to all premises
occupied by protected persons and shall be
able to interview the latter without witnesses,
personally or through an interpreter.
Such visits may not be prohibited except
for reasons of imperative military necessity,
and then only as an exceptional and
temporary measure. Their duration and
frequency shall not be restricted.
Such representatives and delegates shall
have full liberty to select the places they wish
to visit. The Detaining or Occupying Power,
the Protecting Power and, when occasion
arises, the Power of origin of the persons to
be visited, may agree that compatriots of the
internees shall be permitted to participate in
the visits.
The delegates of the International
Committee of the Red Cross shall also enjoy
the above prerogatives. The appointment of
such delegates shall be submitted to the
approval of the Power governing the
territories where they will carry out their
duties. (GC, art. 143.)
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CHAPTER 6 territory, necessarily implies that the sovereignty
of the occupied territory is not vested in the
occupying power. Occupation is essentially
OCCUPATION provisional.
On the other hand, subjugation or conquest
implies a transfer of sovereignty, which
generally takes the form of annexation and is
Section I. GENERAL normally effected by a treaty of peace. When
sovereignty passes, belligerent occupation, as
such, of course ceases, although the territory
351. Military Occupation may and usually does, for a period at least,
Territory is considered occupied when it continue to be governed through military
is actually placed under the authority of the agencies.
hostile army. The occupation extends only to
the territory where such authority has been 354. Friendly Territory Subject to
established and can be exercised. (HR, art. Civil Affairs Administration
42.) Distinguished
Civil affairs administration is that form of
352. Invasion Distinguished administration established in friendly territory
a. Nature of Invasion. If resistance is whereby a foreign government pursuant to an
offered, the state of invasion within any portion agreement, expressed or implied, with the
of a belligerents territory corresponds with the government of the area concerned, may exercise
period of resistance. If the invasion is unresisted, certain authority normally the function of the
the state of invasion lasts only until the invader local government.
has taken firm control of the area with the Such administration is often established in
intention of holding it. Invasion is not areas which are freed from enemy occupation. It
necessarily occupation, although occupation is is normally required when the government of the
normally preceded by invasion and may area concerned is unable or unwilling to assume
frequently coincide with it. An invader may full responsibility for its administration.
attack with naval or air forces or its troops may Territory subject to civil affairs administration is
push rapidly through a large portion of enemy not considered to be occupied.
territory without establishing that effective If circumstances have precluded the
control which is essential to the status of conclusion of a civil affairs agreement with the
occupation. Small raiding parties or flying lawful government of allied territory recovered
columns, reconnaissance detachments or patrols from enemy occupation or of other territory
moving through an area cannot be said to liberated from the enemy, military government
occupy it. Occupation, on the other hand, is may be established in the area as a provisional
invasion plus taking firm possession of enemy and interim measure (see par. 12 b and c). A
territory for the purpose of holding it. civil affairs agreement should, however, be
b. Application of Law of Occupation. The concluded with the lawful government at the
rules set forth in this chapter apply of their own earliest possible opportunity.
force only to belligerently occupied areas, but
they should, as a matter of policy, be observed 355. Occupation as Question of Fact
as far as possible in areas through which troops Military occupation is a question of fact. It
are passing and even on the battlefield. presupposes a hostile invasion, resisted or
unresisted, as a result of which the invader has
353. Subjugation or Conquest rendered the invaded government incapable of
Distinguished publicly exercising its authority, and that the
Belligerent occupation in a foreign war, invader has successfully substituted its own
being based upon the possession of enemy
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authority for that of the legitimate government in from the established power of the occupant and
the territory invaded. from the necessity of maintaining law and order,
indispensable both to the inhabitants and to the
356. Effectiveness of Occupation occupying force. It is therefore unlawful for a
It follows from the definition that belligerent belligerent occupant to annex occupied territory
occupation must be both actual and effective, or to create a new State therein while hostilities
that is, the organized resistance must have been are still in progress. (See GC, art. 47; par. 365
overcome and the force in possession must have herein.)
taken measures to establish its authority. It is
sufficient that the occupying force can, within a 359. Oath of Allegiance Forbidden
reasonable time, send detachments of troops to It is forbidden to compel the inhabitants
make its authority felt within the occupied of occupied territory to swear allegiance to
district. It is immaterial whether the authority of the hostile Power. (HR, art. 45.)
the occupant is maintained by fixed garrisons or
flying columns, whether by small or large 360. Maintenance of Occupation
forces, so long as the occupation is effective. Occupation, to be effective, must be
The number of troops necessary to maintain maintained. In case the occupant evacuates the
effective occupation will depend on various district or is driven out by the enemy, the
considerations such as the disposition of the occupation ceases. It does not cease, however, if
inhabitants, the number and density of the the occupant, after establishing its authority,
population, the nature of the terrain, and similar moves forward against the enemy, leaving a
factors. The mere existence of a fort or defended smaller force to administer the affairs of the
area within the occupied district, provided the district. Nor does the existence of a rebellion or
fort or defended area is under attack, does not the activity of guerrilla or paramilitary units of
render the occupation of the remainder of the itself cause the occupation to cease, provided the
district ineffective. Similarly, the mere existence occupant could at any time it desired assume
of local resistance groups does not render the physical control of any part of the territory. If,
occupation ineffective. however, the power of the occupant is
effectively displaced for any length of time, its
357. Proclamation of Occupation position towards the inhabitants is the same as
In a strict legal sense no proclamation of before occupation.
military occupation is necessary. However, on
account of the special relations established 361. Termination of Occupation
between the inhabitants of the occupied territory The law of belligerent occupation generally
and the occupant by virtue of the presence of the ceases to be applicable under the conditions set
occupying forces, the fact of military forth in paragraphs 353 and 360. However, with
occupation, with the extent of territory affected, respect to the provisions of GC alone, Article 6
should be made known. The practice of the of that Convention provides:
United States is to make this fact known by In the case of occupied territory, the
proclamation. application of the present Convention shall
cease one year after the general close of
358. Occupation Does Not Transfer military operations; however, the Occupying
Sovereignty Power shall be bound, for the duration of the
Being an incident of war, military occupation, to the extent that such Power
occupation confers upon the invading force the exercises the functions of government in such
means of exercising control for the period of territory, by the provisions of the following
occupation. It does not transfer the sovereignty Articles of the present Convention; 1 to 12,
to the occupant, but simply the authority or 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77,
power to exercise some of the rights of 143.
sovereignty. The exercise of these. rights results
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Protected persons whose release, agreement concluded between the authorities
repatriation or re-establishment may take of the occupied territories and the Occupying
place after such dates shall meanwhile Power, nor by any annexation by the latter of
continue to benefit by the present the whole or part of the occupied territory.
Convention. (GC, art. 6, 3d and 4th paras.) (GC, art. 47.)
Section II. ADMINISTRATION OF 366. Local Governments Under

OCCUPIED TERRITORY Duress and Puppet
Governments
The restrictions placed upon the authority of
362. Necessity for Military a belligerent government cannot be avoided by a
Government system of using a puppet government, central or
Military government is the form of local, to carry out acts which would be unlawful
administration by which an occupying power if performed directly by the occupant. Acts
exercises governmental authority over occupied induced or compelled by the occupant are
territory. The necessity for such government nonetheless its acts.
arises from the failure or inability of the
legitimate government to exercise its functions 367. Functions of Government
on account of the military occupation, or the a. Paramount Authority of Occupant. The
undesirability of allowing it to do so. (See par. functions of the hostile governmentwhether of
12, which discusses military government, and a general, provincial, or local character
par. 354, dealing with civil affairs continue only to the extent they are sanctioned
administration.) by the occupant.
b. Functions of Local Government. The
363. Duty to Restore and Maintain occupant may, while retaining its paramount
Public Order authority, permit the government of the country
to perform some or all of its normal functions. It
The authority of the legitimate power
may, for example, call upon the local authorities
having in fact passed into the hands of the
to administer designated rear areas, subject to
occupant, the latter shall take all the
the guidance and direction of the occupying
measures in his power to restore, and ensure,
power. Such action is consistent with the status
as far as possible, public order and safety,
of occupation, so long as there exists the firm
while respecting, unless absolutely prevented,
possession and the purpose to maintain
the laws in force in the country. (HR, art. 43.)
paramount authority.
364. Occupation Costs
368. Nature of Government
The economy of an occupied country can
It is immaterial whether the government
only be required to bear the expenses of the
occupation, and these should not be greater than over an enemys territory consists in a military
or civil or mixed administration. Its character is
the economy of the country can reasonably be
expected to bear. the same and the source of its authority the
same. It is a government imposed by force, and
the legality of its acts is determined by the law
365. Inviolability of Rights
of war.
Protected persons who are in occupied
territory shall not be deprived, in any case or 369. Local Law and New Legislation
in any manner whatsoever, of the benefits of
The penal laws of the occupied territory
the present Convention by any change
introduced, as the result of the occupation of shall remain in force, with the exception that
they may be repealed or suspended by the
a territory, into the institutions or
Occupying Power in cases where they
government of the said territory, nor by any
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constitute a threat to its security or an 372. Prohibition as to Rights and
obstacle to the application of the present Rights of Action
Convention. Subject to the latter It is especially forbidden * * * to declare
consideration and to the necessity for abolished, suspended, or inadmissible in a
ensuring the effective administration of court of law the rights and actions of the
justice, the tribunals of the occupied territory nationals of the hostile party. (HR, art. 23,
shall continue to function in respect of all par. (h).)
offences covered by the said laws.
The Occupying Power may, however, 373. Suspension of Ordinary Courts
subject the population of the occupied
territory to provisions which are essential to The ordinary courts of justice should be
enable the Occupying Power to fulfil its suspended only if:
obligation under the present Convention, to a. Judges and magistrates abstain from
maintain the orderly government of the fulfilling their functions (see GC, art. 54; par.
territory, and to ensure the security of the 422 herein); or
Occupying Power, of the members and b. The courts are corrupt or unfairly
property of the occupying forces or constituted; or
administration, and likewise of the c. Local judicial administration has
establishments and lines of communication collapsed during the hostilities preceding the
used by them. (GC, art. 64.) occupation and the occupant must set up its own
courts to ensure that offenses against the local
370. Laws in Force laws are properly tried. In such cases, the
occupant may establish courts of its own and
In restoring public order and safety, the make this measure known to the inhabitants.
occupant will continue in force the ordinary civil
and penal (criminal) laws of the occupied
374. Immunity of Occupation
territory except to the extent it may be
authorized by Article 64, GC (par 369), and
Personnel From Local Law
Article 43, HR (par. 363), to alter, suspend, or Military and civilian personnel of the
repeal such laws (see also HR art. 23 (h) ; par. occupying forces and occupation administration
372 herein; and GC, art. 51; par. 418 herein). and persons accompanying them are not subject
These laws will be administered by the local to the local law or to the jurisdiction of the local
officials as far as practicable. Crimes not of a courts of the occupied territory unless expressly
military nature and not affecting the occupants made subject thereto by a competent officer of
security are normally left to the jurisdiction of the occupying forces or occupation
the local courts. administration. The occupant should see to it
that an appropriate system of substantive law
371. Nature of Laws Suspended or applies to such persons and that tribunals are in
Repealed existence to deal with civil litigation to which
they are parties and with offenses committed by
The occupant may alter, repeal, or suspend them.
laws of the following types:
a. Legislation constituting a threat to its
375. Freedom of Movement
security, such as laws relating to recruitment and
the bearing of arms. The occupant may withdraw from
b. Legislation dealing with political individuals the right to change their residence,
process, such as laws regarding the rights of restrict freedom of internal movement, forbid
suffrage and of assembly. visits to certain districts, prohibit emigration and
c. Legislation the enforcement of which immigration (but see GC, art. 48; par. 381
would be inconsistent with the duties of the herein), and require that all individuals carry
occupant, such as laws establishing racial identification documents.
discrimination.
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376. Commercial Restrictions 381. Special Cases of Repatriation
The occupant has the right to regulate Protected persons who are not nationals
commercial intercourse in the occupied territory. of the Power whose territory is occupied, may
It may subject such intercourse to such avail themselves of the right to leave the
prohibitions and restrictions as are essential to territory subject to the provisions of Article
the purposes of the occupation. The commander 35, and decisions thereon shall be taken
of the occupying forces will usually find it according to the procedure which the
advisable to forbid intercourse between the Occupying Power shall establish in
occupied territory and the territory still in the accordance with the said Article. (GC, art.
possession of the enemy. 48.)
377. Censorship 382. Deportations, Transfers,

The belligerent occupant may establish Evacuations
censorship of the press, radio, theater, motion Individual or mass forcible transfers, as
pictures, and television, of correspondence, and well as deportations of protected persons
of all other means of communication. It may from occupied territory to the territory of the
prohibit entirely the publication of newspapers Occupying Power or to that of any other
or prescribe regulations for their publication and country, occupied or not, are prohibited,
circulation. The occupant is not required to regardless of their motive.
furnish facilities for postal service, but may take Nevertheless, the Occupying Power may
charge of them itself, especially if the officials undertake total or partial evacuation of a
of the occupied district fail to act or to obey its given area if the security of the population or
orders. imperative military reasons so demand. Such
evacuations may not involve the displacement
378. Means of Transportation of protected persons outside the bounds of the
The belligerent occupant exercises authority occupied territory except when for material
over all means of transportation, both public and reasons it is impossible to avoid such
private, within the occupied district, and may displacement. Persons thus evacuated shall be
seize them and regulate their operation. transferred back to their homes as soon as
hostilities in the area in question have ceased.
Section III. RIGHTS OF THE The Occupying Power undertaking such
transfers or evacuations shall ensure, to the
POPULATION OF OCCUPIED greatest practicable extent, that proper
TERRITORY accommodation is provided to receive the
protected persons, that the removals are
effected in satisfactory conditions of hygiene,
379. Other Provisions of Law health, safety and nutrition, and that
Articles 27-34, GC (paras. 266-273), apply members of the same family are not
to occupied territory and should be read together separated.
with the provisions of this section. The Protecting Power shall be informed
of any transfers and evacuations as soon as
380. Respect for Human Rights they have taken place.
The Occupying Power shall not detain
Family honour and rights, the lives of
protected persons in an area particularly
persons, and private property, as well as
exposed to the dangers of war unless the
religious convictions and practice, must be
security of the population or imperative
respected. (HR, art. 46, 1st par.)
military reasons so demand.
The Occupying Power shall not deport or
transfer parts of its own civilian population
into the territory it occupies (GC, art. 49.)
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383. Children The Protecting Power shall, at any time,
The Occupying Power shall, with the be at liberty to verify the state of the food and
cooperation of the national and local medical supplies in occupied territories,
authorities, facilitate the proper working of except where temporary restrictions are
all institutions devoted to the care and made necessary by imperative military
education of children. requirements (GC, art. 55, 1st and 3d paras.)
The Occupying Power shall take all b. Other Articles To Be Supplied. The
necessary steps to facilitate the identification other articles which the occupant is required to
of children and the registration of their provide under the above provision include all
parentage. It may not, in any case, change urgently required goods which may be essential
their personal status, nor enlist them in to the life of the territory.
formations or organizations subordinate to it.
Should the local institutions be 385. Hygiene and Public Health
inadequate for the purpose, the Occupying To the fullest extent of the means
Power shall make arrangements for the available to it, the Occupying Power has the
maintenance and education, if possible by duty of ensuring and maintaining, with the
persons of their own nationality, language cooperation of national and local authorities,
and religion, of children who are orphaned or the medical and hospital establishments and
separated from their parents as a result of the services, public health and hygiene in the
war and who cannot be adequately cared for occupied territory, with particular reference
by a near relative or friend. to the adoption and application of the
A special section of the Bureau setup in prophylactic and preventive measures
accordance with Article 136 shall be necessary to combat the spread of contagious
responsible for taking all necessary steps to diseases and epidemics. Medical personnel of
identify children whose identity is in doubt. all categories shall be allowed to carry out
Particulars of their parents or other near their duties.
relatives should always be recorded if If new hospitals are setup in occupied
available. territory and if the competent organs of the
The Occupying Power shall not hinder occupied State are not operating there, the
the application of any preferential measures occupying authorities shall, if necessary,
in regard to food, medical care and protection grant them the recognition provided for in
against the effects of war, which may have Article 18. In similar circumstances, the
been adopted prior to the occupation in occupying authorities shall also grant
favour of children under fifteen years, recognition to hospital personnel and
expectant mothers, and mothers of children transport vehicles under the provisions of
under seven years. (GC, art. 50.) Articles 20 and 21.
In adopting measures of health and
384. Food and Medical Supplies for hygiene and in their implementation, the
the Population Occupying Power shall take into
a. Treaty Provision. consideration the moral and ethical
To the fullest extent of the means susceptibilities of the population of the
available to it, the Occupying Power has the occupied territory. (GC, art. 56.)
duty of ensuring the food and medical
supplies of the population; it should, in 386. Requisition of Hospitals
particular, bring in the necessary foodstuffs, The Occupying Power may requisition
medical stores and other articles if the civilian hospitals only temporarily and only in
resources of the occupied territory are cases of urgent necessity for the care of
inadequate. military wounded and sick, and then on
******* condition that suitable arrangements are
made in due time for the care and treatment
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of the patients and for the needs of the 389. Responsibilities of the
civilian population for hospital Occupying Power
accommodation. Relief consignments shall in no way
The material and stores of civilian relieve the Occupying Power of any of its
hospitals cannot be requisitioned so long as responsibilities under Articles 55,56 and 59.
they are necessary for the needs of the civilian The Occupying Power shall in no way
population. (GC, art. 57.) whatsoever divert relief consignments from
the purpose for which they are intended,
387. Spiritual Assistance except in cases of urgent necessity, in the
The Occupying Power shall permit interests of the population of the occupied
ministers of religion to give spiritual territory and with the consent of the
assistance to the members of their religious Protecting Power. (GC, art. 60.)
communities.
The Occupying Power shall also accept 390. Distribution
consignments of books and articles required The distribution of the relief
for religious needs and shall facilitate their consignments referred to in the foregoing
distribution in occupied territory. (GC, art. Articles shall be carried out with the
58.) cooperation and under the supervision of the
Protecting Power. This duty may also be
Section IV. RELIEF delegated, by agreement between the
Occupying Power and the Protecting Power,
to a neutral Power, to the International
388. Collective Relief Committee of the Red Cross or to any other
If the whole or part of the population of impartial humanitarian body.
an occupied territory is inadequately Such consignments shall be exempt in
supplied, the Occupying Power shall agree to occupied territory from all charges, taxes or
relief schemes on behalf of the said customs duties unless these are necessary in
population, and shall facilitate them by all the the interests of the economy of the territory.
means at its disposal. The Occupying Power shall facilitate the
Such schemes, which may be undertaken rapid distribution of these consignments.
either by States or by impartial humanitarian All Contracting Parties shall endeavour
organizations such as the International to permit the transit and transport, free of
Committee of the Red Cross, shall consist, in charge, of such relief consignments on their
particular, of the provision of consignments way to occupied territories. (GC, art. 61.)
of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the 391. Individual Relief
free passage of these consignments and shall Subject to imperative reasons of security,
guarantee their protection. protected persons in occupied territories shall
A Power granting free passage to be permitted to receive the individual relief
consignments on their way to territory consignments sent to them. (GC, art. 62.)
occupied by an adverse Party to the conflict
shall, however, have the right to search the 392. National Red Cross and Other
consignments, to regulate their passage Relief Societies
according to prescribed times and routes, and
to be reasonably satisfied through the Subject to temporary and exceptional
Protecting Power that these consignments are measures imposed for urgent reasons of
to be used for the relief of the needy security by the Occupying Power:
population and are not to be used for the (a) recognized National Red Cross (Red
benefit of the Occupying Power. (GC, art. 59.) Crescent, Red Lion and Sun) Societies shall
be able to pursue their activities in
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accordance with Red Cross principles, as character of the property on the basis of the
defined by the International Red Cross beneficial ownership thereof. Thus, for example,
Conferences Other relief societies shall be trust funds, pension funds, and bank deposits
permitted to continue their humanitarian generated by private persons are not to be
activities under similar conditions; regarded as public property simply by reason of
(b) the Occupying Power may not require their being held by a State-owned bank.
any changes in the personnel or structure of b. Property of Mixed Ownership. For the
these societies, which would prejudice the purpose of determining what type of control the
aforesaid activities. occupant may exercise over property (by way of
The same principles shall apply to the confiscation, seizure, requisition, etc.), the most
activities and personnel of special cogent evidence of public character is such a
organizations of a non-military character, complete or partial assumption by the State of
which already exist or which may be the economic risk involved in the holding and
established, for the purpose of ensuring the management of the property in question that, the
living conditions of the civilian population by State, rather than private individuals or
the maintenance of the essential public utility corporation, would be subjected to a substantial
services, by the distribution of relief and by portion of the loss were the property to be
the organization of rescues. (GC, art. 63.) appropriated for the use of the occupant. Should
property which is ostensibly private be subjected
Section V. TREATMENT OF to a large measure of governmental control and
management or perform functions which are
ENEMY PROPERTY essentially public, these facts would tend to
indicate that the property should be regarded in
practice as public.
393. Destruction and Seizure of
If property which is appropriated by the
Property occupant is beneficially owned in part by the
a. Prohibition. State and in part by private interests, the
It is especially forbidden * * * to destroy occupation authorities should compensate the
or seize the enemys property, unless such private owners to the extent of their interest.
destruction or seizure be imperatively Such compensation should bear the same
demanded by the necessities of war. (HR, art. relationship to the full compensation which
23, par. (g).) would be paid if the property were entirely
b. Occupying Power. privately owned as their interest bears to the
Any destruction by the Occupying Power total value of the property concerned. The
of real or personal property belonging occupant may take what measures it deems
individually or collectively to private persons, necessary to assure that no portion of the
or to the State, or to other public authorities compensation paid on account of private
or to social or co-operative organizations, is interests accrues to the State.
prohibited, except where such destruction is c. Property of Unknown Ownership. If it is
rendered absolutely necessary by military unknown whether certain property is public or
operations. GC, art. 53.) private, it should be treated as public property
c. General Devastation. See paragraph 56. until its ownership is ascertained.
394. Determination Whether Property 395. Seized Property

Is Public or Private Valid capture or seizure of property requires
a. Beneficial Ownership. Under modern both an intent to take such action and a physical
conditions, the distinction between public and act of capture or seizure. The mere presence
private property is not always easy to draw. For within occupied territory of property which is
the purpose of treatment of property under subject to appropriation under international law
belligerent occupation, it is often necessary to
look beyond strict legal title and to ascertain the
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does not operate to vest title thereto in the risk of its hostile use no longer exists, it must be
occupant. returned to them.
Measures of property control must not
396. Title to Captured or Seized extend to confiscation. However, the authority
Enemy Property of the occupant to impose such controls does not
Public property captured or seized from the limit its power to seize or requisition property or
enemy, as well as private property validly take such other action with respect to it as may
captured on the battlefield and abandoned be authorized by other provisions of law.
property, is property of the United States (see U.
S. Const., Art. I, sec. 8, cl. 11), and failure to 400. Real Property of a State
turn over such property to the proper authorities The occupying State shall be regarded
or disposal thereof for personal profit is a only as administrator and usufructuary of
violation of Article 103 of the Uniform Code of public buildings, real estate, forests, and
Military Justice. agricultural estates belonging to the hostile
State, and situated in the occupied country. It
397. Pillage must safeguard the capital of these
a. Treaty Provision. properties, and administer them in
Pillage is formally forbidden. (HR, art. accordance with the rules of usufruct. (HR,
47.) (See also HR, art. 28; par. 47 herein; GC, art. 55.)
art 33; par. 272 herein.)
b. Violation of military law. A member of 401. State Real Property Susceptible
the armed forces who before or in the presence of Direct Military Use
of the enemy quits his place of duty to plunder Real property of a State which is of direct
or pillage is guilty of the offense of misbehavior military use, such as forts, arsenals, dockyards,
before the enemy. (UCMJ, Art. 99 (6).) magazines, barracks, railways, bridges, piers,
wharves, airfields, and other military facilities,
398. Private Gain by Officers and remains in the hands of the occupant until the
Soldiers close of the war, and may be destroyed or
Neither officers nor soldiers of the United damaged, if deemed necessary to military
States are allowed to make use of their position operations.
or power in the hostile country for private gain,
not even for commercial transactions otherwise 402. Occupants Disposition of Real
legitimate. Property of a State
Real property of the enemy State which is
399. Property Control essentially of a non-military nature, such as
Property within occupied territory may be public buildings and offices, land, forests, parks,
controlled by the occupant to the degree farms, and mines, may not be damaged or
necessary to prevent its use by or for the benefit destroyed unless such destruction is rendered
of the hostile forces or in a manner harmful to absolutely necessary by military operations (see
the occupant. Conservators may be appointed to Art. 53, GC; par. 393 herein). The occupant does
manage the property of absent persons not have the right of sale or unqualified use of
(including nationals of the United States and of such property. As administrator or usufructuary
friendly States) and of internees, property he should not exercise his rights in such a
managed by such persons, and property of wasteful and negligent manner as seriously to
persons whose activities are deemed to be impair its value. He may, however, lease or
prejudicial to the occupant. However, when the utilize public lands or buildings, sell the crops,
owners or managers of such property are again cut and sell timber, and work the mines. The
able to resume control of their property and the term of a lease or contract should not extend
beyond the conclusion of the war.
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403. Movable Property of a State when located in fortified places which are
An army of occupation can only take subject to seizure or bombardment.
possession of cash, funds, and realizable c. Religious Buildings, Shrines, and
securities which are strictly the property of Consecrated Places. In the practice of the
the State, depots of arms, means of transport, United States, religious buildings, shrines, and
stores and supplies, and, generally, all consecrated places employed for worship are
movable property belonging to the State used only for aid stations, medical installations,
which may be used for operations of the war. or for the housing of wounded personnel
All appliances, whether on land, at sea, or awaiting evacuation, provided in each case that a
in the air, adapted for the transmission of situation of emergency requires such use.
news, or for the transport of persons or
things, exclusive of cases governed by naval 406. Private Property: General
laws, depots of arms, and, generally, all kinds a. Treaty Provision.
of ammunition of war, may be seized, even if Private property cannot be confiscated.
they belong to private individuals, but must (HR, art. 46, 2d par.)
be restored and compensation fixed when b. Prohibited Acts. The foregoing
peace is made. (HR, art. 53.) prohibition extends not only to outright taking in
violation of the law of war but also to any acts
404. Classes of Movable Property which, through the use of threats, intimidation,
All movable property belonging to the State or pressure or by actual exploitation of the
susceptible of military use may be taken power of the occupant, permanently or
possession of and utilized for the benefit of the temporarily deprive the owner of the use of his
occupants government. Under modern property without his consent or without
conditions of warfare, a large proportion of State authority under international law.
property may be regarded as capable of being
used for military purposes. However, movable 407. Private Real Property
property which is not susceptible of military use Immovable private enemy property may
must be respected and cannot be appropriated. under no circumstances be seized. It may,
however, be requisitioned (see par. 412).
405. Municipal, Religious, Charitable,
and Cultural Property 408. Private Movable Property
a. Treaty Provision. Susceptible of Direct Military
The property of municipalities, that of Use
institutions dedicated to religion, charity and See Article 53, HR (par. 403).
education, the arts and sciences, even when
State property, shall be treated as private 409. Receipts
property. If private property is seized in conformity
All seizure or destruction of, or wilful with the preceding paragraph, a receipt therefor
damage to, institutions of this character, should be given the owner or a record made of
historic monuments, works of art and science, the nature and quantity of the property and the
is forbidden, and should be made the subject name of the owner or person in possession in
of legal proceedings. (HR, art. 56.) order that restoration and compensation may be
b. Use of Such Premises. The property made at the conclusion of the war.
included in the foregoing rule may be
requisitioned in case of necessity for quartering 410. Types of Private Property
the troops and the sick and wounded, storage of Susceptible to Direct Military
supplies and material, housing of vehicles and
Use
equipment, and generally as prescribed for
private property. Such property must, however, a. Seizure. The rule stated in the foregoing
be secured against all avoid-able injury, even paragraph includes everything susceptible of
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direct military use, such as cables, telephone and article that is necessary for the maintenance of
telegraph plants, radio, television, and the army, such as fuel, food, clothing, building
telecommunications equipment, motor vehicles, materials, machinery, tools, vehicles, furnishings
railways, railway plants, port facilities, ships in for quarters, etc. Billeting of troops in occupied
port, barges and other watercraft, airfields, areas is also authorized.
aircraft, depots of arms, whether military or
sporting, documents connected with the war, all 413. Requisitioning of Foodstuffs
varieties of military equipment, including that in and Medical Supplies
the hands of manufacturers, component parts of The Occupying Power may not
or material suitable only for use in the foregoing, requisition foodstuffs, articles or medical
and in general all kinds of war material. supplies available in the occupied territory,
b. Destruction. The destruction of the except for use by the occupation forces and
foregoing property and all damage to the same is administration personnel, and then only if the
justifiable only if it is rendered absolutely requirements of the civilian population have
necessary by military operations. (See GC, art. been taken into account. Subject to the
53; par. 393b herein.) provisions of other international
Conventions, the Occupying Power shall
411. Submarine Cables make arrangements to ensure that fair value
a. Treaty Provision. is paid for any requisitioned goods. (GC, art.
Submarine cables connecting an occupied 55, 2d par.)
territory with a neutral territory shall not be
seized or destroyed except in the case of 414. Requisition of Hospitals
absolute necessity. They must likewise be See Article 57, GC (par. 386).
restored and compensation fixed when peace
is made. (HR, art. 54.) 415. Method of Requisitioning
b. Application. The foregoing provision
applies only to activities on land and does not Requisitions must be made under the
deal with seizure or destruction of cables in the authority of the commander in the locality. No
open sea. prescribed method is fixed, but if practicable
requisitions should be accomplished through the
412. Requisitions local authorities by systematic collection in bulk.
They may be made direst by detachments if
a. Treaty Provision. local authorities fail or if circumstances preclude
Requisitions in kind and services shall not resort to such authorities.
be demanded from municipalities or
inhabitants except for the needs of the army 416. Prices and Compensation for
of occupation. They shall be in proportion to
Requisitioned Articles and
the resources of the country, and of such a
nature as not to involve the population in the Services
obligation of taking part in operations of the The prices of articles and services
war against their country. requisitioned will be fixed by agreement if
Such requisitions and services shall only possible, otherwise by military authority.
be demanded on the authority of the Receipts should be taken up and compensation
commander in the locality occupied. paid promptly.
Contributions in kind shall, as far as
possible, be paid for in cash; if not, a receipt 417. Method of Enforcing Requisition
shall be given and the payment of the amount Coercive measures will be limited to the
due shall be made as soon as possible. (HR, amount and kind necessary to secure the articles
art. 52.) requisitioned.
b. What May Be Requisitioned. Practically
everything may be requisitioned under this
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Section VI. SERVICES OF 419. Services Which May be
INHABITANTS AND OF Requisitioned
OFFICIALS The services which may be obtained from
inhabitants by requisition include those of
professional men, such as engineers, physicians
418. Labor of Protected Persons and nurses and of artisans and laborers, such as
clerks, carpenters, butchers, bakers, and truck
The Occupying Power may not compel drivers. The officials and employees of rail-
protected persons to serve in its armed or ways, trucklines, airlines, canals, river or
auxiliary forces. No pressure or propaganda coastwise steamship companies, telegraph,
which aims at securing voluntary enlistment telephone, radio, postal and similar services, gas,
is permitted. electric, and water works, and sanitary
The Occupying Power may not compel authorities, whether employed by the State or
protected persons to work unless they art private companies, may be requisitioned to
over eighteen years of age, and then only on perform their professional duties only so long as
work which is necessary either for the needs the duties required do not directly concern the
of the army of occupation} or for the public operations of war against their own country. The
utility services, or for the feeding, sheltering, occupant may also requisition labor to restore
clothing, transportation or health of the the general condition of the public works to that
population of the occupied country. Protected of peace, including the repair of roads, bridges,
persons may not be compelled to undertake and railways, and to perform services on behalf
any work which would involve them in the of the local population, such as the care of the
obligation of taking part in military wounded and sick and the burial of the dead.
operations. The Occupying Power may not
compel protected persons to employ forcible 420. Prohibited Labor
means to ensure the security of the
installations where they are performing The prohibition against forcing the
compulsory labour. inhabitants to take part in military operations
The work shall be carried out only in the against their own country precludes
occupied territory where the persons whose requisitioning their services upon works directly
services have been requisitioned are. Every promoting the ends of the war, such as
such person shall, so far as possible, be kept construction of fortifications, entrenchments,
in his usual place of employment. Workers and military airfields or the transportation of
shall be paid a fair wage and the work shall supplies or ammunition in the zone of
be proportionate to their physical and operations. There is no objection in law to their
intellectual capacities. The legislation in force being employed voluntarily and for pay in such
in the occupied country concerning working work.
conditions, and safeguards as regards, in
particular, such matters as wages, hours of 421. Protection of Workers
work, equipment, preliminary training and No contract, agreement or regulation
compensation for occupational accidents and shall impair the right of any worker, whether
diseases, shall be applicable to the protected voluntary or not and wherever he may be, to
persons assigned to the work referred to in apply to the representatives of the Protecting
this Article. Power in order to request the said Powers
In no case shall requisition of labour lead intervention.
to a mobilization of workers in an All measures aiming at creating
organization of a military or semi-military unemployment or at restricting the
character. (GC, art. 51.) (See also HR, art. 23, opportunities offered to workers in an
2d par.; par. 32 herein.) occupied territory; in order to induce them to
work for the Occupying Power, are
prohibited. (GC, art. 52.)
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422. Judges and Public Officials expenses of the administration of the
The Occupying Power may not alter the occupied territory to the same extent as the
status of public officials or judges in the legitimate Government was so bound. (HR,
occupied territories, or in any way apply art. 48.)
sanctions to or take any measures of coercion b. Surplus. The first charge upon such
or discrimination against them, should they taxes is for the cost of the administration of the
abstain from fulfilling their functions for occupied territory. The balance may be used for
reasons of conscience. the purposes of the occupant.
This prohibition does not prejudice the
application of the second paragraph of 426. Changes in Taxes
Article 51. It does not affect the right of the a. When Existing Rules May Be
Occupying Power to remove public officials Disregarded. If, due to the flight or
from their posts. (GC, art. 54.) unwillingness of the local officials, it is
impracticable to follow the rules of incidence
423. Oath of Officials and assessment in force, then the total amount of
The occupant may require such officials as taxes to be paid may be allotted among the
are continued in their offices to take an oath to districts, towns, etc., and the local authorities
perform their duties conscientiously and not to required to collect it.
act to its prejudice. Every such official who b. New Taxes. Unless required to do so by
declines to take such oath may be removed; but, considerations of public order and safety, the
whether he does so or not, he owes strict occupant must not create new taxes.
obedience to the occupant as long as he remains
in office. 427. Taxes Collected by Local
Authorities
424. Salaries of Officials The words for the benefit of the State
The salaries of civil officials of the hostile were inserted in the foregoing article (HR, art.
government who remain in the occupied 48; par. 425 herein) to exclude local taxes, dues,
territory and continue the work of their offices, and tolls collected by local authorities. The
especially those who can properly continue it occupant may supervise the expenditure of
under the circumstances arising out of the war-- such revenue and prevent its hostile use.
such as judges, administrative or police officers,
officers of city or communal governments-are 428. Contributions
paid from the public revenues of the occupied a. Treaty Provision.
territory, until the military government has If, in addition to the taxes mentioned in
reason wholly or partially to dispense with their the above Article, the occupant levies other
services. Salaries or incomes connected with money contributions in the occupied
purely honorary titles are always suspended. territory, this shall only be for the needs of
the army or of the administration of the
Section VII. PUBLIC FINANCE territory in question. (HR, art. 49.)
b. Prohibited Purposes. Contributions may
not be levied for the enrichment of the occupant,
425. Taxes for the payment of war expenses generally, or
a. Treaty Provision. for other than the needs of the occupying forces
If, in the territory occupied, the occupant and the administration of the occupied territory.
collects the taxes, dues, and tolls imposed for
the benefit of the State, he shall do so, as far
as is possible, in accordance with the rules of
assessment and incidence in force, and shall
in consequence be bound to defray the
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429. Methods of Levying 432. Enforcement of Obedience
Contributions Subject to the restrictions imposed by
No contribution shall be collected except international law, the occupant can demand and
under a written order, and on the enforce from the inhabitants of occupied
responsibility of a Commander-in-chief. territory such obedience as may be necessary for
The collection of the said contribution the security of its forces, for the maintenance of
shall only be effected as far as possible in law and order, and for the proper administration
accordance with the rules of assessment and of the country. It is the duty of the inhabitants to
incidence of the taxes in force. carry on their ordinary peaceful pursuits, to
For every contribution a receipt shall be behave in an absolutely peaceful manner, to take
given to the contributors. (HR, art. 51.) no part whatever in the hostilities carried on, to
refrain from all injurious acts toward the troops
430. Currency and Exchange or in respect to their operations, and to render
Controls strict obedience to the orders of the occupant. As
to neutrals resident in occupied territory, see
The occupying power may leave the local
paragraphs 547-551.
currency of the occupied area in circulation. It is
also authorized to introduce its own currency or
to issue special currency for use only in the 433. Security Measures
occupied area, should the introduction or a. Treaty Provision.
issuance of such currency become necessary. If the Occupying Power considers it
The occupant may also institute exchange necessary, for imperative reasons of security,
controls, including clearing arrangements, in to take safety measures concerning protected
order to conserve the monetary assets of the persons, it may, at the most, subject them to
occupied territory. Such measures must not, assigned residence or to internment.
however, be utilized to enrich the occupant or Decisions regarding such assigned
other-wise circumvent the restrictions placed on residence or internment shall be made
requisitions, contributions, seizures, and other according to a regular procedure to be
measures dealing with property. Intentional prescribed by the Occupying Power in
debasement of currency by the establishment of accordance with the provisions of the present
fictitious valuation or exchange rates, or like Convention. This procedure shall include the
devices, as well as failure to take reasonable right of appeal for the parties concerned.
steps to prevent inflation, are violative of Appeals shall be decided with the least
international law. possible delay. In the event of the decision
being upheld, it shall be subject to periodical
431. Expropriation of Property for review, if possible every six months, by a
Local Benefit competent body setup by the said Power.
Protected persons made subject to
In order to ensure public order and safety, as
assigned residence and thus required to leave
required by Article 43, HR, (par. 363) an
their homes shall enjoy the full benefit of
occupant is authorized to expropriate either
Article 39 of the present Convention. (GC,
public or private property solely for the benefit
art. 78.)
of the local population. The occupant is obliged,
b. Function of Competent Body.
unless absolutely prevented, to respect the laws
Competent bodies to review the internment or
in force in the occupied area in so doing.
assigned residence of protected persons may be
created with advisory functions only, leaving the
Section VIII. SECURITY OF THE final decision to a high official of the
OCCUPANT: PENAL Government.
LEGISLATION AND
PROCEDURE
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434. Penal Legislation members of the occupying forces or
See paragraphs 369-371, regarding penal administration, nor a grave collective danger,
legislation which may be repealed or suspended nor seriously damage the property of the
and legislation which may be promulgated by occupying forces or ad-ministration or the
the occupant. installations used by them, shall be liable to
internment or simple imprisonment, provided
435. Publication the duration of such internment or
imprisonment is proportionate to the offence
a. Treaty Provision. committed. Furthermore, internment or
The penal provisions enacted by the imprisonment shall, for such offences, be the
Occupying Power shall not come into force only measure adopted for depriving protected
before they have been published and brought persons of liberty. The courts provided for
to the knowledge of the inhabitants in their under Article 66 of the present Convention
own language. The effect of these penal may at their discretion convert a sentence of
provisions shall not be retroactive. (GC, art. imprisonment to one of internment for the
65). same period.
b. Form of Publication. The penal The penal provisions promulgated by the
provisions referred to in the foregoing article Occupying Power in accordance with Articles
must be promulgated in written form. It is not 64 and 65 may impose the death penalty on a
sufficient that they be announced by radio or protected person only in cases where the
loudspeakers. person is guilty of espionage, or serious acts
of sabotage against the military installations
436. Competent Courts of the Occupying Power or of intentional
In case of a breach of the penal provisions offences which have caused the death of one
promulgated by it by virtue of the second or more persons, provided that such offences
paragraph of Article 64, the Occupying were punishable by death under the law of
Power may hand over the accused to its the occupied territory in force before the
properly constituted. Non-political military occupation began.
courts, on condition that the said courts sit in The death penalty may not be
the occupied country. Courts of appeal shall pronounced against a protected person unless
preferably sit in the occupied country. (GC, the attention of the court has been
art. 66.) particularly called to the fact that since the
accused is not a national of the Occupying
437. Applicable Law Power, he is not bound to it by any duty of
The courts shall apply only those allegiance.
provisions of law which were applicable prior In any case, the death penalty may not be
to the offence, and which are in accordance pronounced against a protected person who
with general principles of law, in particular was under eighteen years of age at the time of
the principle that the penalty shall be the offence. (GC, art. 68.)
proportionate to the offence. They shall take b. Reservation as to Death Penalty. The
into consideration the fact that the accused is United States has reserved the right to impose
not a national of the Occupying Power. (GC, the death penalty in accordance with the
art. 67.) provisions of Article 68, 2d paragraph, without
regard to whether the offenses referred to therein
438. Penalties are punishable by death under the law of the
a. Treaty Provision. occupied territory at the time the occupation
begins.
Protected persons who commit an offence
c. Other Offenses and Penalties. The
which is solely intended to harm the
foregoing article does not preclude the
Occupying Power, but which does not
imposition of penalties, such as fines, not
constitute an attempt on the life or limb of
depriving the protected person of liberty. Acts in
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violation of the laws promulgated by the Power against protected persons in respect of
Occupying Power which are not solely intended charges involving the death penalty or
to harm that Power, as, for example, traveling imprisonment for two years or more; it shall
without a permit or violating exchange control be enabled, at any time, to obtain information
regulations, are also punishable by internment or regarding the state of such proceedings
imprisonment or other penalties depriving the Furthermore, the Protecting Power shall be
protected person of liberty. entitled, on request, to be furnished with all
particulars of these and of any other
439. Deduction From Sentences of proceedings instituted by the Occupying
Period Spent Under Arrest Power against protected persons.
In all cases, the duration of the period The notification to the Protecting Power,
during which a protected person accused of as provided for in the second paragraph
an offence is under arrest awaiting trial or above, shall be sent immediately, and shall in
punishment shall be deducted from any any case reach the Protecting Power three
period of imprisonment awarded. (GC, art. weeks before the date of the first hearing.
69.) Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article
440. Offenses Committed Before are fully complied with, the trial shall not
proceed. The notification shall include the
Occupation
following particulars:
Protected persons shall not be arrested, (a) description of the accused;
prosecuted or convicted by the Occupying (b) place of residence or detention;
Power for acts committed or for opinions (c) specification of the charge or charges
expressed before the occupation, or during a (with mention of the penal provisions under
temporary interruption thereof, with the which it is brought);
exception of breaches of the laws and customs (d) designation of the court which will
of war. hear the case;
Nationals of the occupying Power who, (e) place and date of the first hearing.
before the outbreak of hostilities, have sought (GC, art. 71.)
refuge in the territory of the occupied State,
shall not be arrested, prosecuted, convicted or 442. Right of Defense
deported from the occupied territory, except
Accused persons shall have the right to
for offences committed after the outbreak of
present evidence necessary to their defence
hostilities, or for offences under common law
and may, in particular, call witnesses. They
committed before the outbreak of hostilities
shall have the right to be assisted by a
which, according to the law of the occupied
qualified advocate or counsel of their own
State, would have justified extradition in time
choice, who shall be able to visit them freely
of peace. (GC, art. 70.)
and shall enjoy the necessary facilities for
preparing the defence.
441. Penal Procedure
Failing a choice by the accused, the
No sentence shall be pronounced by the Protecting Power may provide him with an
competent courts of the Occupying Power advocate or counsel. When an accused person
except after a regular trial. has to meet a serious charge and the
Accused persons who are prosecuted by Protecting Power is not functioning, the
the Occupying Power shall be promptly Occupying Power, subject to the consent of
informed, in writing, in a language which the accused, shall provide an advocate or
they understand, of the particulars of the counsel.
charges preferred against them, and shall be Accused persons shall, unless they freely
brought to trial as rapidly as possible. The waive such assistance, be aided by an
Protecting Power shall be informed of all interpreter, both during preliminary
proceedings instituted by the Occupying
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investigation and during the hearing in court. 445. Death Sentence
They shall have the right at any time to object In no case shall persons condemned to
to the interpreter and to ask for his death be deprived of the right of petition for
replacement. (GC, art. 72.) pardon or reprieve.
No death sentence shall be carried out
443. Right of Appeal before the expiration of a period of at least six
A convicted person shall have the right of months from the date of receipt by the
appeal provided for by the laws applied by Protecting Power of the notification of the
the court. He shall be fully informed of his final judgment confirming such death
right to appeal or petition and of the time sentence, or of an order denying pardon or
limit within which he may do so. reprieve.
The penal procedure provided in the The six months period of suspension of
present Section shall apply, as far as it is the death sentence herein prescribed may be
applicable, to appeals. Where the laws reduced in individual cases in circumstances
applied by the Court make no provision for of grave emergency involving an organized
appeals, the convicted person shall have the threat to the security of the Occupying Power
right to petition against the finding and or its forces, provided always that the
sentence to the competent authority of the Protecting Power is notified of such reduction
Occupying Power. (GC, art.73.) and is given reasonable time and opportunity
to make representations to the competent
444. Assistance by the Protecting occupying authorities in respect of such death
Power sentences (GC, art. 76.)
Representatives of the Protecting Power
shall have the right to attend the trial of any 446. Treatment of Detainees
protected person, unless the hearing has, as Protected persons accused of offences
an exceptional measure, to be held in camera shall be detained in the occupied country, and
in the interests of the security of the if convicted they shall serve their sentences
Occupying Power, which shall then notify the therein. They shall, if possible, be separated
Protecting Power. A notification in respect of from other detainees and shall enjoy
the date and place of trial shall be sent to the conditions of food and hygiene which will be
Protecting Power. sufficient to keep them in good health, and
Any judgment involving a sentence of which will be at least equal to those obtaining
death, or imprisonment for two years or in prisons in the occupied country.
more, shall be communicated, with the They shall receive the medical attention
relevent grounds, as rapidly as possible to the required by their state of health.
Protecting Power. The notification shall They shall also have the right to receive
contain a reference to the notification made any spiritual assistance which they may
under Article 71, and, in the case of sentences require.
of imprisonment, the name of the place where Women shall be confined in separate
the sentence is to be served. A record of quarters and shall be under the direct
judgments other than those referred to above supervision of women.
shall be kept by the court and shall be open to Proper regard shall be paid to the special
inspection by representatives of the treatment due to minors.
Protecting Power. Any period allowed for Protected persons who are detained shall
appeal in the case of sentences involving the have the right to be visited by delegates of the
death penalty, or imprisonment of two years Protecting Power and of the International
or more, shall not run until notification of Committee of the Red Cross, in accordance
judgment has been received by the Protecting with the provisions of Article 143.
Power. (GC, art. 74.)
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Such persons shall have the right to
receive at least one relief parcel monthly.
(GC, art. 76.)
447. Close of Occupation

Protected persons who have been accused
of offences or convicted by the courts in
occupied territory, shall be handed over at
the close of occupation, with the relevant
records, to the authorities of the liberated
territory. (GC, art. 77.)
448. Penalty for Individual Acts of

Inhabitants
No general penalty, pecuniary or
otherwise shall be inflicted upon the
population on account of the acts of
individuals for which they cannot be
regarded as jointly and severally responsible.
(HR, art. 50.) (See also GC, art. 33; par. 272
herein.)
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CHAPTER 7 advantage not intended to be given by the
adversary shall be taken.
NONHOSTILE RELATIONS Section II. MILITARY

OF BELLIGERENTS PASSPORTS, SAFE-CONDUCTS
AND SAFEGUARDS
Section I. GENERAL 454. General

Persons within an area occupied by a
449. Nonintercourse belligerent may be protected from molestation or
interference through military passports, safe-
All intercourse between the territories conducts, and safeguards. These devices are a
occupied by belligerent armies, whether by matter of international law only when granted or
traffic, communication, travel, or in any other posted by arrangement with the enemy.
way, ceases. This is the general rule to be
observed without special proclamation. 455. Military Passport
450. Exceptions to Rule A military passport is a document issued by
order of a commander of belligerent forces,
Exceptions to this rule, whether by safe- authorizing a person or persons named therein,
conduct, license to trade, exchange of mails, or residing or sojourning within territory occupied
travel from one territory into the other, are made by such forces, to travel unmolested within such
on behalf of individuals only with the approval territory, with or without permission to pass, or
of the Government or the highest military to pass and return, by designated routes, through
authority. the lines, subject to such further conditions and
limitations as the commander may prescribe.
451. Forms of Nonhostile Relations
of Belligerents 456. Safe-Conduct
The conduct of war and the restoration of a. General. Documents like passports,
peace require certain nonhostile relations issued by the same authority and for similar
between belligerents. These relations are purposes, to persons residing or sojourning
conducted through parlementaires, military outside of the occupied area, who desire to enter
passports, safe-conducts, safeguards, cartels, and remain within or pass through such areas,
capitulation, and armistices. are called safe-conducts. Similar documents,
issued by the same authority, to persons residing
452. Communication Between within or without the occupied areas, to permit
Belligerent States and Armies them to carry specified goods to or from
One belligerent may communicate with designated places within those areas, and to
another directly by radio, through engage in trade otherwise forbidden by the
parlementaires, or in a conference, and indirectly general rule of nonintercourse, are also called
through a Protecting Power, a third State other safe-conducts. Safe-conducts for goods in which
than a Protecting Power, or the International the grantee is given a continuing right for a
Committee of the Red Cross. prescribed period, or until further orders, to
engage in the specified trade, are sometimes
453. Good Faith Essential called licenses to trade.
It is absolutely essential in all nonhostile b. Safe-Conducts for Ambassadors and
relations that the most scrupulous good faith Diplomatic Agents. Ambassadors and other
shall be observed by both parties, and that no diplomatic agents of neutral powers, accredited
to the enemy, may receive safe-conducts through
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the territories occupied by the belligerents, signification in international law. It may indicate
unless there are military reasons to the contrary that the party hoisting it desires to open
and unless they may reach the place of their communication with a view to an armistice or a
destination conveniently by another route There surrender. If hoisted in action by an individual
is, however, no legal requirement that such safe- soldier or a small party, it may signify merely
conducts be issued. Safe-conducts of this nature the surrender of that soldier or party. It is
are usually given by the supreme authority of the essential, therefore, to determine with reasonable
State and not by subordinate officers. certainty that the flag is shown by actual
authority of the enemy commander before
457. Safeguard basing important action upon that assumption.
A safeguard is a detachment, guard, or detail The enemy is not required to cease firing
posted by a commander for the protection of when a white flag is raised. To indicate that the
persons, places, or property of the enemy, or of a hoisting is authorized by its commander, the
neutral. The term also includes a written order appearance of the flag should be accompanied or
left by a commander with an enemy subject or followed promptly by a complete cessation of
posted upon enemy property for the protection fire from that side. The commander authorizing
of the individual or property concerned. It is the hoisting of the flag should also promptly
usually directed to the succeeding commander send a parlementaire or parlementaires.
and requests the grant of protection. The effect
of a safeguard is to pledge the honor of the 459. Parlementaires
nation that the person or property shall be Parlementaires are agents employed by
respected by the national armed forces. The commanders of belligerent forces in the field, to
violation of a safeguard is a grave violation of go in person within the enemy lines, for the
the law of war and, if committed by a person purpose of communicating or negotiating openly
subject to the Uniform Code of Military Justice, and directly with the enemy commander.
is punishable under Article 102 thereof with
death or such other punishment as a court- 460. Inviolability of Parlementaire
martial may direct. A person is regarded as a parlementaire
Soldiers on duty as safeguards occupy a who has been authorized by one of the
protected status. They may not be attacked, and belligerents to enter into communication with
it is customary to send them back, together with the other, and who advances bearing a white
their equipment and arms, to their own army flag. He has a right to inviolability, as well as
when the locality is occupied by the enemy and the trumpeter, bugler or drummer, the flag-
as soon as military exigencies permit. bearer and the interpreter who may
accompany him. (HR, art. 32.)
Section III. PARLEMENTAIRES
461. Fire Not To Be Directed on the
Parlementaire
458. Negotiations Between Fire should not be intentionally directed on
Belligerents parlementaires or those accompanying them. If,
In the past, the normal means of initiating however, the parlementaires or those near them
negotiations between belligerents has been the present themselves during an engagement and
display of a white flag. In current practice, radio are killed or wounded, it furnishes no ground for
messages to the enemy and messages dropped complaint. It is the duty of the parlementaire to
by aircraft are becoming increasingly important select a propitious moment for displaying his
as a prelude to conversations between flag, such as during the intervals of active
representatives of the belligerent forces. operations, and to avoid dangerous zones by
The white flag, when used by troops, making a detour.
indicates a desire to communicate with the
enemy. The hoisting of a white flag has no other
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462. Credentials of Parlementaire advantage of his privileged position to
Parlementaires must be duly authorized in a provoke or commit an act of treachery. (HR,
written instrument signed by the commander of art. 34.)
the forces.
467. Abuse of Flag of Truce
463. Reception of Parlementaire It is an abuse of the flag of truce, forbidden
The commander to whom a as an improper ruse under Article 23 (f), HR
parlementaire is sent is not in all cases (par. 52), for an enemy not to halt and cease
obliged to receive him. firing while the parlementaire sent by him is
He may take all the necessary steps to advancing and being received by the other party;
prevent the parlementaire taking advantage likewise, if the flag of truce is made use of for
of his mission to obtain information. the purpose of inducing the enemy to believe
In case of abuse, he has the right to detain that a parlementaire is going to be sent when no
the parlementaire temporarily. (HR, art. 33.) such intention exists. It is also an abuse of a flag
of truce to carry out operations under the
464. Conditions for Receipt of protection accorded by the enemy to it and those
accompanying it. An individual or a party acts
Parlementaire
treacherously in displaying a white flag
A commander may declare the formalities indicative of surrender as a ruse to permit attack
and conditions upon which he will receive a upon the forces of the other belligerent. An
parlementaire and fix the hour and place at abuse of a flag of truce may authorize a resort to
which he must appear. The present rule is that a reprisals.
belligerent may not declare beforehand, even for
a specified period-except in case of reprisal for 468. Neutral Areas
abuses of the flag of truce-that he will not
receive parlementaires. An unnecessary If it is anticipated that negotiations between
repetition of visits need not be allowed. belligerents may be prolonged, a neutralized
While within the lines of the enemy, the area may by agreement of the parties be set aside
parlementaire must obey all instructions given for the site of the negotiations. The belligerents
him. He may be required to deliver his message may agree that no combat activity will take
to a subordinate of the commander. place within or over the area and that forces will
be detailed to maintain the security of the area.
The area designated as neutral on maps
465. Detention of Parlementaire
interchanged by representatives of the
In addition to the right of detention for abuse belligerents may be marked with searchlights,
of his position, a parlementaire may be detained balloons, and other devices to insure that it will
in case he has seen anything or obtained not be attacked.
knowledge which may be detrimental to the
enemy, or if his departure would reveal
information on the movement of troops. He
Section IV. CARTELS
should be detained only so long as
circumstances imperatively demand, and
469. Cartels
information should be sent at once to his
commander as to such detention, as well as of In its narrower sense, a cartel is an
any other action taken against him or against his agreement entered into by belligerents for the
party. exchange of prisoners of war. In its broader
sense, it is any convention concluded between
466. Loss of Inviolability belligerents for the purpose of arranging or
regulating certain kinds of nonhostile intercourse
The parlementaire loses his rights of
other-wise prohibited by reason of the existence
inviolability if it is proved in a clear and
of the war. Both parties to a cartel are in honor
incontestable manner that he has taken
bound to observe its provisions with the most
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scrupulous care, but it is voidable by either party 473. Surrenders Concluded by
upon definite proof that it has been intentionally Political Authorities
violated in an important particular by the other The surrender of a place or force may also
party. (See par. 197.) be arranged by the political authorities of the
belligerents without the intervention of the
Section V. CAPITULATIONS military authorities. In this case the capitulation
may contain other than military stipulations.
470. Capitulation Defined 474. Form of Capitulations

A capitulation is an agreement entered into There is no specified form for capitulation.
between commanders of belligerent forces for They may be concluded either orally or in
the surrender of a body of troops, a fortress, or writing, but in order to avoid disputes, they
other defended locality, or of a district of the should be reduced to writing. The agreement
theater of operations. A surrender may be should contain in precise terms every condition
effected without resort to a capitulation. to be observed on either side, excepting such
condition as are clearly imposed by the laws of
471. Military Honor in Capitulations war. Details of time and procedure should be
Capitulations agreed upon between the prescribed in the most exact and unequivocal
contracting parties must take into account the language. Even in case of an unconditional
rules of military honour. surrender, when the terms are dictated by the
Once settled, they must be scrupulously victor, they should nevertheless be embodied in
observed by both parties. (HR, art. 35.) a written capitulation as soon as practicable.
472. Powers of Commanders 475. Subjects Usually Regulated

Subject to the limitations hereinafter In the capitulation (the instrument of
indicated, the commander of a body of troops is surrender), the following subjects are usually
presumed to be duly authorized to enter into dealt with, insofar as they are relevent to the
capitulations. In the case of a commander of a circumstance of the particular surrender:
military force of the United States, if continued a. The force or territory which is
battle has become impossible and he can-not surrendered and the exact time at which the
communicate with his superiors, these facts will surrender is to take effect.
constitute proper authority to surrender. If a b. Disposition of the enemy forces. A
commander of military forces of the United stipulation is normally included concerning the
States surrenders unnecessarily and shamefully movements and administration of the
or in violation of orders from higher authority, surrendered force after the surrender. The
he is liable to trial and punishment (see UCMJ, provisions of the capitulation may, for example,
Art. 99 (2)). The fact that any commander require that the troops assemble at designated
surrenders in violation of orders or the law of his points or that they remain in their present
own State does not impair the validity of the positions It is normally understood that the
surrender. A commanding officers powers do surrendered forces are to become prisoners of
not extend beyond the forces and territory under war. In the event both belligerents are parties to
his command. Unless so authorized by his GPW, little or nothing more on that subject need
government, he does not possess power to bind be included in the capitulation. How-ever,
his government to a permanent cession of the special circumstances, such as inability of the
place or places under his command, or to any victor to guard, evacuate, and maintain large
surrender of sovereignty over territory, or to any numbers of prisoners of war or to occupy the
cessation of hostilities in a district beyond his area in which enemy military forces are present,
command, or to agree to terms of a political may justify the victorious commander in
nature or such as will take effect after the allowing the defeated force to remain in its
termination of hostilities. present positions, to withdraw, or to disperse
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after having been disarmed and having given carrying out such destruction, provided he does
their paroles, provided that the giving of paroles so before signing the capitulation.
is not forbidden by the laws of their own country
and that they are willing to give their paroles 477. Violation of Terms of a
(see par, 185). Capitulation
c. If a place or area is surrendered, Violation of the terms of a capitulation by
provisions relative to the withdrawal of the individuals is punishable as a war crime. If the
defenders and the entering into possession of the violation is directed by the commander who
victorious troops. These matters should be fixed capitulated or by higher authority, the other
in advance with precision. belligerent may denounce the capitulation and
d. Disposition of medical personnel and resume hostilities. Like action may also be taken
the wounded and sick. if the capitulation was obtained through a breach
e. Disposition of prisoners of war, civilian of faith.
internees, and other persons held in the custody
of the surrendered troops. 478. Unconditional Surrender
f. Disarmament. Normally provisions are
included to govern the disposition of enemy An unconditional surrender is one in which
arms, equipment, and other property in the hands a body of troops gives itself up to its enemy
of the force which has surrendered. Officers are without condition. It need not be effected on the
sometimes allowed to retain their side arms in basis of an instrument signed by both parties.
addition to the articles they are allowed to keep Subject to the restrictions of the law of war, the
under Article 18, GPW (par. 94). surrendered troops are governed by the
g. Prohibition of destruction by the directions of the State to which they surrender.
surrendered forces of their materiel or
installations, or communications, transportation Section VI. ARMISTICES
facilities, and other public utilities in the area
concerned.
h. The provision of facilities and of 479. Definition
information on such matters as minefield and An armistice (or truce, as it is sometimes
other defense measures. called) is the cessation of active hostilities for a
i. The civil administration of the area period agreed upon by the belligerents. It is not a
concerned, if a place or area is surrendered. partial or temporary peace; it is only the
j. Orders given by the victor. It is suspension of military operations to the extent
normally stipulated that the orders of the agreed upon by the parties.
victorious commander will be scrupulously
carried out by the surrendered forces and that 480. Effect of Armistice
those who fail to comply with such orders or An armistice suspends military operations
with the terms of the surrender itself will be by mutual agreement between the belligerent
severely punished. parties. If its duration is not de-fined, the
belligerent parties may resume operations at
476. Damage or Destruction of any time, provided always that the enemy is
Property Prohibited After warned within the time agreed upon, in
Surrender accordance with the terms of the armistice.
From the moment of surrender the party (HR, art. 36.)
surrendering has no right to demolish, destroy,
or injure facilities, installations, or materiel 481. Armistice No Excuse for Lack of
under his control, unless otherwise stipulated in Vigilance
the capitulation. Nothing, however, prevents a The existence of an armistice does not
commander who intends to surrender from warrant relaxation of vigilance in the service of
security and protection, or in the preparedness of
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troops for action, or exposing positions to the forces for some local military purpose, such as
enemy. to bury the dead, to collect the wounded, to
arrange for exchange of prisoners, or to enable a
482. Kinds of Armistice commander to communicate with his
An armistice may be general or local. The government or superior officer.
first suspends the military operations of the
belligerent States everywhere; the second 486. Form of Armistice
only between certain fractions of the No special form for an armistice is
belligerent armies and within a fixed radius. prescribed. It should, if possible, be reduced to
(HR, art. 37.) writing, in order to avoid misunderstandings and
for the purpose of reference should differences
483. General Armistices of opinion arise. It should be drafted with the
General armistices are usually of a greatest precision and with absolute clearness.
combined political and military character. They
usually precede the negotiations for peace, but 487. What Stipulations an Armistice
may be concluded for other purposes. Due to its Should Contain
political importance, a general armistice is Stipulations covering the following matters
normally concluded by senior military officers should be incorporated in an armistice:
or by diplomatic representatives or other high a. Precise Date, Day, and Hour of
civilian officials. If an armistice contains Commencement of the Armistice. The precise
political terms, it must be made under date, day, and hour for the suspension of
authorization from the governments concerned hostilities should also be stipulated. The
or subject to approval by them. effective times maybe different in different
geographical areas. An armistice commences, in
484. Local Armistices the absence of express mention to the contrary,
A local armistice suspends operations at the moment it is signed.
between certain portions of the belligerent forces b. Duration of the Armistice. The duration
or within a designated district of the theater of may be for a definite or indefinite period. In case
operations. A local armistice may be concluded it is indefinite, a belligerent may resume
by the military forces only, or by the naval operations at any time after notice. The terms
forces only, or between a less number than all of and manner of giving such notice should be
the belligerents at war. Commanders of the specified. If a term is fixed and no agreement
forces concerned are presumed to be competent has been made for prolonging it, hostilities may
to conclude local armistices, and ratification be resumed without notice at the expiration of
upon the part of their governments is not the term in the absence of positive agreement to
required unless specially stipulated in the the contrary.
armistice agreement. c. Principal Lines and All Other Marks or
It is always a condition of a local armistice Signs Necessary To Determine the Locations of
that a considerable part of the forces and the the Belligerent Troops. For this purpose maps
region of war must be included and that the with the lines indicated thereon may be attached
cause for which it is concluded is not merely to and made part of the armistice. Provision may
some pressing local interest, as in the case of a be included for a neutral zone between the two
suspension of arms (see next paragraph), but one armies. It is usually agreed that these lines are
of a more general character, such as a general not to be crossed or the neutral zone entered
exhaustion of the opposing belligerent in one except by parlementaires or other parties by
part of the theater of war. special agreement for specified purposes, such
as to bury the dead and collect the wounded.
485. Suspension of Arms d. Relation of the Armies With the Local
Inhabitants. If it is desired to make any change
A suspension of arms is a form of armistice
during the armistice in the relations between the
concluded between commanders of military
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opposing forces and the peaceable inhabitants, 489. Intercourse in Theater of
this must be accomplished by express provision. Operations
Otherwise these relations remain unchanged, a. Treaty Provision.
each belligerent continuing to exercise the same It rests with the contracting parties to
rights as before, including the right to prevent or settle, in the terms of the armistice, what
control all intercourse between the inhabitants communications may be held in the theatre of
within his lines and persons within the enemy
war with the inhabitants and between the
lines. inhabitants of one belligerents State and those
e. Acts To Be Prohibited During the of the other. (HR, art. 39.)
Armistice. In the absence of stipulations to the b. Rule in Absence of Stipulation. If
contrary, each belligerent is authorized to make nothing is stipulated, the intercourse remains
movements of troops within his own lines, to suspended, as during actual hostilities.
receive reinforcements, to construct new
fortifications, installations, and bases, to build
490. Notification of Armistice
and repair transportation and communications
facilities, to seek information about the enemy, An armistice must be notified officially
to bring up supplies and equipment, and, in and in good time to the competent authorities
general, to take advantage of the time and means and to the troops. Hostilities are suspended
at his disposal to prepare for resuming immediately after the notification, or on the
hostilities. date fixed. (HR, art. 38.)
f. Disposition of Prisoners of War. If it is
desired that prisoners of war and civilian 491. When Binding
internees should be released or exchanged, An armistice is binding upon the belligerents
specific provisions in this regard should be from the time of the agreed commencement, but
made. (See GPW, art. 118; par. 198 herein. ) the officers of the armies are responsible only
g. Consultative Machinery. It is generally from the time when they receive official
desirable to provide for the establishment of a information of its existence.
commission, composed of representatives of the
opposing forces, to supervise the 492. Denunciation of Armistice
implementation of the armistice agreement. Any serious violation of the armistice by
Additional commissions, composed of one of the parties gives the other party the
representatives of the belligerents or of neutral right of denouncing it, and even, in cases of
powers or both, may be constituted to deal with urgency, of recommencing hostilities
such matters as the repatriation of prisoners of immediately. (HR, art. 40.)
war.
493. Denunciation Must Not Involve
488. Political and Military Perfidy
Stipulations in General
An armistice, like other formal agreements
Armistices between belligerents, engages the honor of both
In addition to the provisions set forth in the parties for the exact and complete fulfillment of
preceding paragraph, general armistices every obligation thereby imposed. It would be
normally contain a number of political and an outrageous act of perfidy for either party,
military stipulations concerning such matters as without warning, to resume hostilities during the
the evacuation of territory; disposition of aircraft period of an armistice, with or without a formal
and shipping; cooperation in the punishment of denunciation thereof, except in case of urgency
war crimes; restitution of captured or looted and upon convincing proof of intentional and
property; communications facilities and public serious violation of its terms by the other party.
utilities;. civil administration; displaced persons; Nevertheless, under the article last above
and the dissolution of organizations which may quoted, upon definite proof of such a violation
subvert public order. of the armistice, if the delay incident to formal
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denunciation and warning seems likely to give
the violator a substantial advantage of any kind,
the other party is free to resume hostilities
without warning and with or without a formal
denunciation.
494. Violations of Armistice by

Individuals
A violation of the terms of the armistice
by private persons acting on their own
initiative only entitles the injured party to
demand the punishment of the offenders or, if
necessary, compensation for the losses
sustained. (HR, art. 41.)
b. Private Individuals Defined. A private
individual, in the sense of the foregoing article,
refers to any person, including a member of the
armed forces, who acts on his own
responsibility.
c. Effect of Violation of Armistice by
Individuals. Violation of the terms of an
armistice by individuals is punishable as a war
crime. Such violations by individual soldiers or
subordinate officers do not justify denunciation
of the armistice unless they are proved to have
been committed with the knowledge and actual
or tacit consent of their own government or
commander. Consent may be inferred in the
event of a persistent failure to punish such
offenders.
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CHAPTER 8 At the request of a Party to the conflict,
an enquiry shall be instituted, in a manner to
be decided between the interested Parties,
REMEDIES FOR VIOLATION concerning any alleged violation of the
Convention.
OF INTERNATIONAL LAW; If agreement has not been reached
WAR CRIMES concerning the procedure for the enquiry, the
Parties should agree on the choice of an
umpire who will decide upon the procedure
to be followed.
Section I. REMEDIES AND Once the violation has been established,
REPRISALS the Parties to the conflict shall put an end to
it and shall repress it with the least possible
delay. (GWS, art. 52; GWS Sea, art. 53; GPW,
495. Remedies of Injured Belligerent art. 132; GC, art. 149.)
In the event of violation of the law of war,
the injured party may legally resort to remedial 497. Reprisals
action of the following types: a. Definition. Reprisals are acts of
a. Publication of the facts, with a view to retaliation in the form of conduct which would
influencing public opinion against the offending otherwise be unlawful, resorted to by one
belligerent. belligerent against enemy personnel or property
b. Protest and demand for compensation for acts of warfare committed by the other
and/or punishment of the individual offenders. belligerent in violation of the law of war, for the
Such communications may be sent through the purpose of enforcing future compliance with the
protecting power, a humanitarian organization recognized rules of civilized warfare. For
performing the duties of a protecting power, or a example, the employment by a belligerent of a
neutral state, or by parlementaire direct to the weapon the use of which is normally precluded
commander of the offending forces. Article 3, H. by the law of war would constitute a lawful
IV, provides in this respect: reprisal for intentional mistreatment of prisoners
A belligerent party which violates the of war held by the enemy.
provisions of the said Regulations shall, if the b. Priority of Other Remedies. Other
case demands, be liable to pay compensation. means of securing compliance with the law of
It shall be responsible for all acts committed war should normally be exhausted before resort
by persons forming part of its armed forces. is had to reprisals. This course should be
c. Solicitation of the good offices, pursued unless the safety of the troops requires
mediation, or intervention of neutral States for immediate drastic action and the persons who
the purpose of making the enemy observe the actually committed the offenses cannot be
law of war. See Articles 11, GWS; 11, GWS Sea; secured. Even when appeal to the enemy for
11, GPW; 12, GC (par. 19), concerning redress has failed, it may be a matter of policy to
conciliation procedure through the protecting consider, before resorting to reprisals, whether
powers. the opposing forces are not more likely to be
d. Punishment of captured offenders as war influenced by a steady adherence to the law of
criminals. war on the part of their adversary.
e. Reprisals. c. Against Whom Permitted. Reprisals
against the persons or property of prisoners of
496. Inquiry Concerning Violations of war, including the wounded and sick, and
Geneva Conventions of 1949 protected civilians are forbidden (GPW, art. 13;
GC, art. 33). Collective penalties and
GWS, GWS Sea, GPW, and GC contain a
punishment of prisoners of war and protected
common provision that
civilians are likewise prohibited (GPW, art. 87;
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GC, art. 99). However, reprisals may still be a. Crimes against peace.
visited on enemy troops who have not yet fallen b. Crimes against humanity.
into the hands of the forces making the reprisals. c. War crimes.
d. When and How Employed. Reprisals are Although this manual recognizes the
never adopted merely for revenge, but only as an criminal responsibility of individuals for those
unavoidable last resort to induce the enemy to offenses which may comprise any of the
desist from unlawful practices. They should foregoing types of crimes, members of the
never be employed by individual soldiers except armed forces will normally be concerned, only
by direct orders of a commander, and the latter with those offenses constituting war crimes.
should give such orders only after careful
inquiry into the alleged offense. The highest 499. War Crimes
accessible military authority should be consulted The term war crime is the technical
unless immediate action is demanded, in which expression for a violation of the law of war by
event a subordinate commander may order any person or persons, military or civilian. Every
appropriate reprisals upon his own initiative. Ill- violation of the law of war is a war crime.
considered action may subsequently be found to
have been wholly unjustified and will subject the 500. Conspiracy, Incitement,
responsible officer himself to punishment for a Attempts, and Complicity
violation of the law of war. On the other hand,
commanding officers must assume responsibility Conspiracy, direct incitement, and attempts
for retaliative measures when an unscrupulous to commit, as well as complicity in the
enemy leaves no other recourse against the commission of, crimes against peace, crimes
repetition of unlawful acts. against humanity, and war crimes are
e. Form of Reprisal. The acts resorted to punishable.
by way of reprisal need not conform to those
complained of by the injured party, but should 501. Responsibility for Acts of
not be excessive or exceed the degree of Subordinates
violence committed by the enemy. In some cases, military commanders may be
f. Procedure. The rule requiring careful responsible for war crimes committed by
inquiry into the real occurrence will always be subordinate members of the armed forces, or
followed unless the safety of the troops requires other persons subject to their control. Thus, for
immediate drastic action and the persons who instance, when troops commit massacres and
actually committed the offense cannot be atrocities against the civilian population of
ascertained. occupied territory or against prisoners of war,
g. Hostages. The taking of hostages is the responsibility may rest not only with the
forbidden (GC, art. 34). The taking of prisoners actual perpetrators but also with the commander.
by way of reprisal for acts previously committed Such a responsibility arises directly when the
(so-called reprisal prisoners) is likewise acts in question have been committed in
forbidden. (See GC, art. 33.) pursuance of an order of the commander
concerned. The commander is also responsible if
Section II. CRIMES UNDER he has actual knowledge, or should have
knowledge, through reports received by him or
INTERNATIONAL LAW through other means, that troops or other
persons subject to his control are about to
commit or have committed a war crime and he
498. Crimes Under International Law
fails to take the necessary and reasonable steps
Any person, whether a member of the armed to insure compliance with the law of war or to
forces or a civilian, who commits an act which punish violators thereof.
constitutes a crime under international law is
responsible therefor and liable to punishment.
Such offenses in connection with war comprise:
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502. Grave Breaches of the Geneva present Convention, taking of hostages and
Conventions of 1949 as War extensive destruction and appropriation of
Crimes property, not justified by military necessity
and carried out unlawfully and wantonly.
The Geneva Conventions of 1949 define the
(GC, art. 147.)
following acts as grave breaches, if committed
against persons or property protected by the
503. Responsibilities of the
Conventions:
a. GWS and GWS Sea. Contracting Parties
Grave breaches to which the preceding No High Contracting Party shall be
Article relates shall be those involving any of allowed to absolve itself or any other High
the following acts, if committed against Contracting Party of any liability incurred by
persons or property protected by the itself or by another High Contracting Party
Convention: willful killing, torture or in respect of breaches referred to in the
inhuman treatment, including biological preceding Article. (GWS, art. 51; GWS Sea,
experiments, willfully causing great suffering art. 52; GPW, art. 131; GC, art. 148.)
or serious injury to body or health, and
extensive destruction and appropriation of 504. Other Types of War Crimes
property, not justified by military necessity In addition to the grave breaches of the
and carried out unlawfully Geneva Conventions of 1949, the following acts
and wantonly. (GWS, art. 50; GWS Sea, are representative of violations of the law of war
art. 51.) (war crimes):
b. GPW. a. Making use of poisoned or otherwise
Grave breaches to which the preceding forbidden arms or ammunition.
Article relates shall be those involving any of b. Treacherous request for quarter.
the following acts, if committed against c. Maltreatment of dead bodies.
persons or property protected by the d. Firing on localities which are
Convention: willful killing, torture or undefended and without military significance.
inhuman treatment, including biological e. Abuse of or firing on the flag of truce.
experiments, willfully causing great suffering f. Misuse of the Red Cross emblem.
or serious injury to body or health, g. Use of civilian clothing by troops to
compelling a prisoner of war to serve in the conceal their military character during battle.
forces of the hostile Power, or willfully h. Improper use of privileged buildings for
depriving a prisoner of war of the rights of military purposes.
fair and regular trial prescribed in this i. Poisoning of wells or streams.
Convention. (GPW, art. 130.) j. Pillage or purposeless destruction.
c. GC. k. Compelling prisoners of war to perform
Grave breaches to which the preceding prohibited labor.
Article relates shall be those involving any of l. Killing without trial spies or other persons
the following acts, if committed against who have committed hostile acts.
persons or property protected by the present m. Compelling civilians to perform
Convention: willful killing, torture or prohibited labor.
inhuman treatment, including biological n. Violation of surrender terms.
experiments willfully causing great suffering
or serious injury to body or health, unlawful Section III. PUNISHMENT OF
deportation or transfer or unlawful
confinement of a protected person, WAR CRIMES
compelling a protected person to serve in the
forces of a hostile Power, or willfully
depriving a protected person of the rights of
fair and regular trial prescribed in the
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505. Trials if it prefers, and in accordance with the
a. Nature of Proceeding. Any person provisions of its own legislation, hand such
charged with a war crime has the right to a fair persons over for trial to another High
trial on the facts and law. Contracting Party concerned, provided such
b. Rights of Accused. Persons accused of High Contracting Party has made out a
grave breaches of the Geneva Conventions of prima facie case.
1949 are to be tried under conditions no less Each High Contracting Party shall take
favorable than those provided by Article 105 and measures necessary for the suppression of all
those following (par. 181 and following) of acts contrary to the provisions of the present
GPW (GWS, art. 49; GWS Sea, art. 50; GPW, Convention other than the grave breaches
art. 129; GC, art. 146, 4th par. only; par. 506 defined in the following Article.
herein.) In all circumstances, the accused persons
c. Rights of Prisoners of War. Pursuant to shall benefit by safeguards of proper trial and
Article 85, GPW (par. 161), prisoners of war defence, which shall not be less favorable
accused of war crimes benefit from the than those provided by Article 105 and those
provisions of GPW, especially Articles 82-108 following of the Geneva Convention relative
(paras. 158-184). to the Treatment of Prisoners of War of
d. How Jurisdiction Exercised. War crimes August 12, 1949. (GWS, art. 49; GWS Sea, art.
are within the jurisdiction of general courts- 50; GPW, art. 129; GC, art. 146.)
martial (UCMJ, Art. 18), military commissions, b. Declaratory Character of Above
provost courts, military government courts, and Principles. The principles quoted in a, above,
other military tribunals (UCMJ, Art. 21) of the are declaratory of the obligations of belligerents
United States, as well as of inter-national under customary international law to take
tribunals. measures for the punishment of war crimes
e. Law Applied. As the international law of committed by all persons, including members of
war is part of the law of the land in the United a belligerents own armed forces.
States, enemy personnel charged with war c. Grave Breaches. Grave breaches of
crimes are tried directly under international law the Geneva Conventions of 1949 and other war
without recourse to the statutes of the United crimes which are committed by enemy
States. However, directives declaratory of personnel or persons associated with the enemy
international law may be promulgated to assist are tried and punished by United States tribunals
such tribunals in the performance of their as violations of international law.
function. (See paras. 506 and 507.) If committed by persons subject to United
States military law, these grave breaches
506. Suppression of War Crimes constitute acts punishable under the Uniform
Code of Military Justice. Moreover, most of the
a. Geneva Conventions of 1949. The acts designated as grave breaches are, if
Geneva Conventions of 1949 contain the committed within the United States, violations
following common undertakings: of domestic law over which the civil courts can
The High Contracting Parties undertake exercise jurisdiction.
to enact any legislation necessary to provide
effective penal sanctions for persons 507. Universality of Jurisdiction
committing, or ordering to be committed, any
of the grave breaches of the present a. Victims of War Crimes. The jurisdiction
Convention defined in the following Article. of United States military tribunals in connection
Each High Contracting Party shall be with war crimes is not limited to offenses
under the obligation to search for persons committed against nationals of the United States
alleged to have committed, or to have ordered but extends also to all offenses of this nature
to be committed, such grave breaches and committed against nationals of allies and of
shall bring such persons, regardless of their cobelligerents and stateless persons.
nationality, before its own courts. It may also,
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b. Persons Charged With War Crimes. The b. In considering the question whether a
United States normally punishes war crimes as superior order constitutes a valid defense, the
such only if they are committed by enemy court shall take into consideration the fact that
nationals or by persons serving the interests of obedience to lawful military orders is the duty of
the enemy State. Violations of the law of war every member of the armed forces; that the latter
committed by persons subject to the military law cannot be expected, in conditions of war
of the United States will usually constitute discipline, to weigh scrupulously the legal merits
violations of the Uniform Code of Military of the orders received; that certain rules of
Justice and, if so, will be prosecuted under that warfare may be controversial; or that an act
Code. Violations of the law of war committed otherwise amounting to a war crime may be
within the United States by other persons will done in obedience to orders conceived as a
usually constitute violations of federal or state measure of reprisal. At the same time it must be
criminal law and preferably will be prosecuted borne in mind that members of the armed forces
under such law (see paras. 505 and 506). are bound to obey only lawful orders (e. g.,
Commanding officers of United States troops UCMJ, Art. 92).
must insure that war crimes committed by
members of their forces against enemy 510. Government Officials
personnel are promptly and adequately The fact that a person who committed an act
punished. which constitutes a war crime acted as the head
of a State or as a responsible government official
508. Penal Sanctions does not relieve him from responsibility for his
The punishment imposed for a violation of act.
the law of war must be proportionate to the
gravity of the offense. The death penalty may be 511. Acts Not Punished in Domestic
imposed for grave breaches of the law. Corporal Law
punishment is excluded. Punishments should be The fact that domestic law does not impose
deterrent, and in imposing a sentence of a penalty for an act which constitutes a crime
imprisonment it is not necessary to take into under international law does not relieve the
consideration the end of the war, which does not person who committed the act from
of itself limit the imprisonment to be imposed. responsibility under international law.
Section IV. DEFENSES NOT

AVAILABLE
509. Defense of Superior Orders

a. The fact that the law of war has been
violated pursuant to an order of a superior
authority, whether military or civil, does not
deprive the act in question of its character of a
war crime, nor does it constitute a defense in the
trial of an accused individual, unless he did not
know and could not reasonably have been
expected to know that the act ordered was
unlawful. In all cases where the order is held not
to constitute a defense to an allegation of war
crime, the fact that the individual was acting
pursuant to orders maybe considered in
mitigation of punishment.
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CHAPTER 9 514. Notification of State of War to
Neutrals
a. Treaty Provisions. See Articles 2 and 3,
NEUTRALITY H. III (paras. 21 and 22).
b. Proclamations of Neutrality. When war
occurs, neutral States usually issue
proclamations of neutrality, in which they state
Section I. GENERAL their determination to observe the duties of
neutrality and warn their nationals of the
penalties they incur for joining or assisting a
512. Definition belligerent.
Traditionally, neutrality on the part of a
State not a party to the war has consisted in 515. Inviolability of Territory
refraining from all participation in the war, and
a. Treaty Provisions.
in preventing, tolerating, and regulating certain
The territory of neutral Powers is
acts on its own part, by its nationals, and by the
inviolable. (H. V, art. 1.)
belligerents. It is the duty of belligerents to
b. Application of Rule. The foregoing rule
respect the territory and rights of neutral States.
prohibits any unauthorized entry into the
territory of a neutral State, its territorial waters,
513. Neutrality Under the Charter of or the airspace over such areas by hoops or
the United Nations instrumentalities of war. If harm is caused in a
In the event of any threat to the peace, neutral State by the unauthorized entry of a
breach of the peace, or act of aggression, the belligerent, the offending State may be required,
Security Council of the United Nations is according to the circumstances, to respond in
authorized, under Articles 39 through 42 of the damages.
Charter, to make recommendations, to call for
the employment of measures short of force, or to 516. Movements of Troops and
take forcible measures to maintain or restore Convoys of Supplies
international peace and security. Measures short
Belligerents are forbidden to move troops
of force or force itself may also be employed in
or convoys of either munitions of war or
pursuance of a recommendation of the General
supplies across the territory of a neutral
Assembly of the United Nations. Although these
Power. (H. V, art. 2.)
provisions of the Charter have not made it
impossible for a State to remain neutral, the
517. Convoys of Munitions and
obligations which the Charter imposes have to a
certain extent qualified the rights of States in Supplies
this respect. For example, if a State is called A distinction must be drawn between the
upon, under Articles 42 and 43 of the Charter, to official acts of the belligerent State in convoying
take military action against an aggressor, that or shipping munitions and supplies through
State loses its right to remain neutral but actually neutral territory as part of an expedition and the
loses its neutrality only to the extent that it shipment of such supplies by private persons.
complies with the direction of the Security The former is forbidden while the latter is not.
Council.
A military commander in the field is obliged 518. Neutral State Must Prohibit Acts
to respect the neutrality of third States which On Its Own Territory
are not allied with the United States in the A neutral Power must not allow any of
conduct of hostilities and are not violating their the acts referred to in Articles II to IV to
duty of neutrality toward this country, except to occur on its territory.
the extent that the State concerned has expressly It is not called upon to punish acts in
qualified its neutrality. violation of its neutrality unless the said acts
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have been committed on its own territory. (H. 522. Forming Corps of Combatants
V, art. 5.) and Recruiting Forbidden
519. Resistance to Violations of Corps of combatants cannot be formed
Neutrality nor recruiting agencies opened on the
a. Treaty Provision. territory of a neutral Power to assist the
The fact of a neutral Power resisting, even belligerents. (H. V, art. 4.)
by force, attempts to violate its neutrality b. Application of Rule. The establishment
cannot be regarded as a hostile act. (H. V, art. of recruiting agencies, the enlistment of men; the
10.) formation and organization of hostile
b. Patrolling the Frontier. In order to expeditions on neutral territory, and the passage
protect its neutrality, a State whose territory is across its frontiers of organized bodies of men
adjacent to a theater of war normally mobilizes a intending to enlist are prohibited.
portion of its forces to prevent troops of either c. Personnel of Voluntary Aid Societies.
belligerent from entering its territory, to intern This prohibition does not extend to medical
such as maybe permitted to enter, and generally personnel and units of a voluntary aid society
to carry out its duties of neutrality. duly authorized to join one of the belligerents.
(See GWS, art. 27; par. 229 herein.)
520. Effect of Failure to Prevent
Violation of Neutrality by 523. Responsibility as to Individuals
Belligerent Troops The responsibility of a neutral Power is
Should the neutral State be unable, or fail not engaged by the fact of persons crossing
for any reason, to prevent violations of its the frontier separately to offer their services
neutrality by the troops of one belligerent to one of the belligerents. (H. V, art. 6.)
entering or passing through its territory, the
other belligerent may be justified in attacking 524. Single Persons and Organized
the enemy forces on this territory. Bodies
a. Individual Persons Crossing the
521. Offenses Against Neutrality Frontier. The prohibition in Article 4, H. V (par.
Defined by Statute 522), is directed against organized bodies which
Supplementing the rules of international only require to be armed to become an
law, there are certain statutes of the United immediate fighting force. Neutral States are not
States that define offenses against neutrality and required to enact legislation forbidding their
prescribe penalties therefor, some of which are nationals to join the armed forces of the
effective only during a war in which the United belligerents. Individuals crossing the frontier
States is neutral, and others of which are singly or in small bands that are unorganized
effective at all times (see 18 U. S. C. 956-968, similarly create no obligation on the neutral
22 U. S. C. 441-457, 461-465). The enforcement State. The foregoing rules do not, however,
of these statutes devolves primarily upon the permit a State professing to be neutral to send
civil authorities, but under certain circumstances regularly constituted military units across the
land or naval forces may be employed for that frontier in the guise of volunteers or small
purpose (see, e. g., 22 U. S. C.46l). unorganized bands.
b. Nationals of Belligerent Not Included.
Section II. RECRUITING IN Nationals of a belligerent State are permitted
freely to leave neutral territory to join the armies
NEUTRAL TERRITORY of their country.
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Section III. SUPPLIES AND territory of a neutral Power for purely
military purposes, and which has not been
SERVICES FROM NEUTRAL opened for the service of public messages. (H.
TERRITORY V, art. 3.)
529. Means of Communication

525. Neutral Not Bound to Prevent
A neutral Power is not called upon to
Shipment of Supplies forbid or restrict the use on behalf of the
A neutral Power is not called upon to belligerents of telegraph or telephone cables
prevent the export or transport, on behalf of or of wireless telegraphy apparatus belonging
one or other of the belligerents, of arms, to it or to Companies or private individuals.
munitions of war, or, in general, of anything (H. V, art. 8.)
which can be of use to an army or a fleet. (H.
V, art. 7.) 530. Impartiality in Allowing Use of
Communication Facilities
526. Obligations of Neutral State as The liberty of a neutral State, if it so desires,
to Supplies to transmit messages by means of its telegraph,
Although a neutral State is not required to telephone, cable, radio, or other
prohibit the shipment by private persons of telecommunications facilities does not imply the
supplies or munitions of war, the neutral State, power so to use them or to permit their use as to
as such, is prohibited from furnishing such lend assistance to the belligerents on one side
supplies or munitions and from making loans to only.
a belligerent. It is also forbidden to permit the
use of its territory for the fitting out of hostile 531. Impartiality
expeditions. Every measure of restriction or
prohibition taken by a neutral Power in
527. Commercial Transactions Not regard to the matters referred to in Articles
Prohibited VII and VIII must be impartially applied by
Commercial transactions with belligerents it to both belligerents.
by neutral corporations, companies, citizens, or A neutral Power must see to the same
persons resident in neutral territory are not obligation being observed by Companies or
prohibited. A belligerent may purchase from private individuals owning telegraph or
such persons supplies, munitions, or anything telephone cables or wireless telegraphy
that may be of use to an army or fleet, which can apparatus. (H. V, art. 9.)
be exported or transported without involving the
neutral State. Section IV. INTERNMENT OF
528. Use of Neutral Territory for
BELLIGERENT FORCES AND
Establishment of Radio and TENDING OF WOUNDED AND
Other Communications SICK IN NEUTRAL TERRITORY
Facilities
Belligerents are likewise forbidden:
532. Internment
a. To erect on the territory of a
neutral Power a wireless telegraphy station or A neutral Power which receives on its
any apparatus for the purpose of territory troops belonging to the belligerent
communicating with belligerent forces on armies shall intern them, as far as possible, at
land or sea; a distance from the theatre of war.
b. To use any installation of this kind It may keep them in camps and even
established by them before the war on the confine them in fortresses or in places set
apart for this purpose.
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It shall decide whether officers can be left are restored to the State whose property they are
at liberty on giving their parole not to leave at the termination of the war.
the neutral territory without permission. (H.
V, art. 11.) 537. Maintenance
In the absence of a special Convention the
533. Duty of Neutral State neutral Power shall supply the interned with
A neutral is not bound to permit belligerent the food, clothing, and relief required by
troops to enter its territory. On the other hand, it humanity.
may permit them to do so without violating its At the conclusion of peace the expenses
neutrality, but the troops must be interned or caused by the internment shall be made good.
confined in places designated by the neutral. (H. V, art. 12.)
They must be disarmed and appropriate
measures must be taken to prevent their leaving 538. Prisoners of War
the neutral country. In those cases in which the A neutral Power which receives escaped
States concerned are parties to GPW, Article 4, prisoners of war shall leave them at liberty. If
paragraph B(2), thereof requires that such it allows them to remain in its territory it may
persons, provided they are otherwise entitled to assign them a place of residence.
be treated as prisoners of war, are, as a minimum The same rule applies to prisoners of war
but subject to certain exceptions, to receive the brought by troops taking refuge in the
benefit of treatment as prisoners of war under territory of a neutral Power. (H. V, art. 13.)
GPW (see par. 61).
539. Passage of Sick and Wounded
534. Neutral Can Impose Terms
A neutral Power may authorize the
If troops or soldiers of a belligerent are passage over its territory of wounded or sick
permitted to seek refuge in neutral territory, the belonging to the belligerent armies, on
neutral is authorized to impose the terms upon condition that the trains bringing them shall
which they may do so. In case of large bodies of carry neither personnel or material of war. In
troops seeking refuge in neutral territory, these such a case, the neutral Power is bound to
conditions will usually be stipulated in a take whatever measures of safety and control
convention drawn up by the representatives of are necessary for the purpose.
the neutral power and the senior officer of the The wounded or sick brought under these
troops. conditions into neutral territory by one of the
belligerents, and belonging to the hostile
535. Parole by Neutral party, must be guarded by the neutral Power
Officers and men interned in a neutral State so as to ensure their not taking part again in
may in the discretion of that State be released on the operations of the war. The same duty
their parole under conditions to be prescribed by shall devolve on the neutral State with regard
the neutral State. If such persons leave the to wounded or sick of the other army who
neutral State in violation of their parole, the may be committed to its care. (H. V, art. 14.)
State in whose armed forces they serve is
obliged to return them to the neutral State at its 540. Passage and Landing of Medical
request. Aircraft
Subject to the provisions of the second
536. Disposition of Arms, Vehicles, paragraph, medical aircraft of Parties to the
Equipment, etc. conflict may fly over the territory of neutral
The munitions, arms, vehicles, equipment, Powers, land on it in case of necessity, or use
and other supplies which the interned troops are it as a port of call. They shall give the neutral
allowed to bring with them into neutral territory Powers previous notice of their passage over
are likewise detained by the neutral State. They the said territory and obey all summons to
alight, on land or water. They will be immune
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from attack only when flying on routes, at passage through neutral territory may not be
heights and at times specifically agreed upon transported to their own country or liberated, as
between the Parties to the conflict and the are prisoners of war escaping into, or brought by
neutral Power concerned. troops seeking asylum in neutral territory, but
The neutral Powers may, however, place must be detained by the neutral power, subject to
conditions or restrictions on the passage or the provisions contained in paragraphs 188
landing of medical aircraft on their territory. through 196.
Such possible conditions or restrictions shall
be applied equally to all Parties to the 544. Wounded, Sick, or Shipwrecked
conflict. Persons in Maritime Warfare
Unless agreed otherwise between the a. Placed on a Neutral Warship or
neutral Power and the Parties to the conflict, Aircraft.
the wounded and sick who are disembarked, If wounded, sick or shipwrecked persons
with the consent of the local authorities, on are taken on board a neutral warship or a
neutral territory by medical aircraft, shall be neutral military aircraft, it shall be ensured,
detained by the neutral Power, where so where so required by international law, that
required by international law, in such a they can take no further part in operations of
manner that they cannot again take part in war. (GWS sea, art. 15.)
operations of war. The most of their b. Landed in Neutral Ports.
accommodation and internment shall be Wounded, sick or shipwrecked persons
borne by the Power on which they depend. who are landed in neutral ports with the
(GWS, art. 37.) consent of the local authorities, shall, failing
arrangements to the contrary between the
541. Obligations of Neutral State neutral and the belligerent Powers, be so
The neutral power is under no obligation to guarded by the neutral Power, where so
permit the passage of a convoy of sick and required by international law, that the said
wounded through its territory, but when such a persons cannot again take part in operations
convoy is permitted to pass, the neutral must of war.
exercise control, must see that neither personnel The costs of hospital accommodation and
nor material other than that necessary for the internment shall be borne by the Power on
care of the sick and wounded is carried, and whom the wounded, sick or shipwrecked
generally must accord impartiality of treatment persons depend. (GWS sea, art. 17.)
to the belligerents.
545. Medical Personnel
542. Internment of Sick and The medical personnel and chaplains (as
Wounded Passing Through defined in GWS, art. 24; par. 67 herein)
Neutral State belonging to belligerent forces who have sought
The sick and wounded of a belligerent asylum under Article 11, H. V (par. 532), may
maybe carried through neutral territory to the be retained and are required to be released as
territory of the belligerent State. If, however, prescribed in Articles 28 and 80, GWS (paras.
they are left in the neutrals territory, they must 230 and 231). Medical personnel and materials
be interned so as to insure their not taking part necessary for the care of the sick and wounded
again in the war. of a convoy of evacuation, permitted to pass
through neutral territory under Article 14, H. V
543. Sick and Wounded Prisoners of (par. 539), may be permitted to accompany the
War Brought Into Neutral State convoy. Subject to the provisions of Articles 28
by Captor and 80, GWS, the neutral State may retain the
necessary medical personnel and materiel for the
Sick and wounded prisoners of war brought
care of the sick and wounded left in its care.
into neutral territory by the Detaining Power as
Failing this, it must furnish such personnel and
part of a convoy of evacuation granted right of
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materiel, and the expense thereof must be The same is true of consular personnel of neutral
refunded by the belligerent concerned not later States, except those who are enemy nationals.
than at the termination of the war.
550. Forfeiture of Rights by Neutral
546. Accommodation in Neutral Nationals
Territory of the Wounded, Sick, a. Treaty Provision.
and Prisoners of War Who Have A neutral cannot avail himself of his
Been Long In Captivity neutrality:
Articles 109 through 117, GPW, authorize a. If he commits hostile acts against a
parties to the conflict to conclude arrangements belligerent.
with neutral States for the accommodation of the b. If he commits acts in favour of a
seriously wounded and sick and persons who belligerent, particularly if he voluntarily
have undergone a long period of captivity. See enlists in the ranks of the armed force of one
paragraphs 188 through 196 for provisions in of the parties.
this regard, including direct repatriation of In such a case, the neutral shall not be
certain wounded and sick from the neutral more severely treated by the belligerent as
country. against whom he has abandoned his
neutrality than a national of the other
Section V. NEUTRAL PERSONS belligerent State could be for the same act.
(H. V, art. 17.)
b. Offenses in Occupied Territory.
547. Neutral Persons Nationals of neutral States, whether resident in
or visiting occupied territory, may be punished
The nationals of a State which is not for offenses in the same manner as enemy
taking part in the war are considered as nationals. They may be deported or expelled for
neutrals. (H. V, art. 16.) just cause. In the event that such a person is
arrested, suspicions must be verified by a serious
548. Neutral Persons Resident in inquiry, and the arrested neutral person must be
Occupied Territory given an opportunity to defend himself, and to
Neutral persons resident in occupied communicate with the consul of his country if he
territory are not entitled to claim different requests it.
treatment, in general, from that accorded the
other inhabitants. They must refrain from all 551. Acts Not Favorable to One
participation in the war, from all hostile acts, Belligerent
and observe strictly the rules of the occupant. The following acts shall not be considered
All nationals of neutral powers, whether resident as committed in favour of one belligerent in
or temporarily visiting an occupied territory, the sense of Article XVII, letter b:
may be punished for offenses committed by a. Supplies furnished or loans made to
them to the same extent and in the same manner one of the belligerents, provided that the
as enemy nationals. (See GC, art. 4; par. 247 person who furnishes the supplies or who
herein, regarding the protection of neutral makes the loans lives neither in the territory
persons.) of the other party nor in the territory
occupied by him, and that the supplies do not
549. Diplomatic Agents and Consuls come from these territories;
in Occupied Territory b . Services rendered in matters of police
Diplomatic agents of neutral States must be or civil administration. (H. V, art. 18.)
treated with all courtesy and must be permitted
such freedom of action as it is possible to allow, Section VI. RAILWAY
with due regard to the necessities of the war.
MATERIAL
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552. Railway Material
Railway material coming from the
territory of neutral Powers, whether it be the
property of the said Powers or of Companies
or private persons, and recognizable as such,
shall not be requisitioned or utilized by a
belligerent except where and to the extent
that it is absolutely necessary. It shall be sent
back as soon as possible to the country of
origin.
A neutral Power may likewise, in case of
necessity, retain and utilize to an equal extent
material coming from the territory of the
belligerent Power.
Compensation shall be paid by one party
or the other in proportion to the material
used, and to the period of usage. (H. V, (art.
19.)
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INDEX
Paragraph
Abbreviation ................................................................................................................................. 5
Accounts:
Internees ............................................................................................................................. 305
Prisoners of war........................................................................................................94, 134-142
Aerial bombardment...................................................................................................................... 42
Aiding the enemy .......................................................................................................................... 79
Aid societies: (see also Red Cross,)
Neutral countries ........................................................................................................... 229, 522
Neutrals, return of personnel................................................................................................. 233
Personnel protected ............................................................................................................... 227
Prisoners of war, aid to.....................................................................................69, 148-151, 206
Property ............................................................................................................................. 235
Airborne troops:
Firing on persons descending by parachute ............................................................................ 30
Prisoner of war status .............................................................................................................. 63
Aircraft:
Bombardment .................................................................................................................... 39, 42
Medical uses.................................................................................................................. 237, 261
Aliens ......................................................................................................................274-285
Assigned residence.........................................................................................................280-282
Confinement .......................................................................................................................... 276
Control:
Measures of ............................................................................................................. 280, 281
Nationality, basis of......................................................................................................... 283
Employment. (see also Labor under Internees; Prisoners
of war; Occupied territory).............................................................................................. 279
Enemy, status .................................................................................................................... 25, 26
Expulsion ............................................................................................................................... 27
Extradition............................................................................................................................. 284
Humane treatment: (see also Internees-humane treatment).......................................... 248, 277
Internment (see also Internees) ......................................................................................280-282
Non-repatriated prisoners-generally.........................................................................277-285
Refugees .......................................................................................................................... 280
Religious freedom ................................................................................................................. 277
Restrictions other than internment:
Duration and termination ........................................................................................ 278, 285
Rights:
Exit from territory ................................................................................................... 274, 275
Means of existence guaranteed ....................................................................................... 278
Protected rights of action in occupied territory............................................................... 372
Wartime rights................................................................................................................. 277
Security measures...........................................................................................248, 266, 278-282
Status in territory of party to conflict .................................................................................... 274
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Transfer to another Power ..................................................................................................... 284
Women, special mention (see also Civilians; Internees........................................................ 277
American National Red Cross (see Red Cross.)
Annexation (see Occupied territory) ........................................................................................... 358
Armed forces:
Consist of combatants and noncombatants ............................................................................. 62
Qualifications for recognition as lawful.................................................................................. 62
Armistice ......................................................................................................................479-494
Activities authorized and prohibited during.......................................................... 480, 489, 494
Commencement............................................................................................................. 487, 491
Defined ............................................................................................................. 479, 483, 484
Denunciation ..................................................................................................................492-494
Duration ..................................................................................................................... 480, 487
Effect ..................................................................................................................... 480, 481
Form ..................................................................................................................... 486, 487
General armistice; defined .................................................................................... 482, 483, 488
Hostilities:
Cessation ......................................................................................................... 487, 490, 491
Resumption.............................................................................................................. 492, 493
Inhabitants, effect .................................................................................................................. 487
Intercourse in theater of operations....................................................................................... 489
Lines ............................................................................................................................. 487
Local armistice; defined ................................................................................................ 482, 484
For search of battlefield................................................................................................... 485
Notification.............................................................................................................. 490, 491
Perfidy prohibited...................................................................................................... 50, 493
Prisoners of war:
Effect ......................................................................................................................... 487
Repatriation ............................................................................................................... 487
Prohibited sets ......................................................................................................... 487, 493
Purpose .................................................................................................... 480, 483, 484, 485
Search of battlefield during ............................................................................................. 485
Stipulations.............................................................................................................. 487, 488
Supervision...................................................................................................................... 487
Suspension of arms.......................................................................................................... 485
Termination ............................................................................................................. 487, 492
Types ......................................................................................................................482-485
Vigilance not to be relaxed.............................................................................................. 481
Violations:
Effects.................................................................................................................492-494
Individuals, violations ............................................................................................... 494
Perfidy ....................................................................................................................... 493
Arms (see Weapons.)
Army of occupation (see Occupied territory.)
Art, buildings devoted to protection.......................................................................... 45, 46, 57, 405
Assassination and outlawry........................................................................................................... 31
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Assaults, bombardments, and sieges (see Bombardments, Assaults, and sieges.)
Assigned residence...................................................................................................................... 433
Asylum:
Neutral territory, refuge in .................................................................................................... 534
Prisoner of war ...................................................................................................................... 199
Atomic weapons (see Weapons.)
Attaches of neutral country ........................................................................................... 83, 456, 549
Bacteriological warfare (see also Weapons)................................................................................. 38
Basic rules and principles of land warfare .................................................................................1-14
Belligerents: (see also Hostilities).
Agreements-
Armistice (see Armistice.)
Capitulation ..............................................................................................................470-478
Cartels ............................................................................................................................. 469
Armed forces of, who may generally comprise ...................................................................... 62
Commencement of hostilities (see Hostilities--commencement).
Communications:
Methods................................................................................................................... 452, 458
Neutral territory, communications .......................................................................... 528, 530
Parlementaires ..........................................................................................................458-460
Good faith ............................................................................................................................. 453
Intercourse or negotiations between...............................................................................449-453
Allowed only upon approval of government or
highest military authority .............................................................................................. 450
Neutral diplomats may receive safe-conducts................................................................. 456
Parlementaires (see Parlementaires.)
Rules for, generally ................................................................................................. 449, 450
White flag, rules relating to (see White flag.)
Neutrals, relations with (see also Neutral Powers)
Belligerent acts committed by neutral persons ....................................................... 550, 551
Belligerents in neutral territory ................................................................................532-534
Equipment of belligerents, disposition by neutrals of...........................................................
railroad equipment in neutral territory ...................................................................... 552
Internment of belligerents by neutrals............................................................. 532, 533, 537
Parole of belligerents....................................................................................................... 535
Nonhostile agreements (see Armistice; Capitulations;
Cartels, Suspension of arms; Surrender.)
Nonhostile relations: (see also Armistices; Capitulation;
Cartels; Surrender; Suspension of arms)..................................................................449-404
Communications in general............................................................................................. 452
Communications in neutral areas .................................................................................... 468
Flags of truce................................................................................................................... 467
Forms of non-hostile relations......................................................................................... 451
Good faith........................................................................................................................ 453
Parlementaires (see Parlementaires.)
Passports, military ................................................................................................... 454, 455
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Safe conduct ............................................................................................................ 454, 456
Safeguards ....................................................................................................................... 457
Nonintercourse between........................................................................................ 449, 450, 489
Notification to neutrals (see also Protecting Powers-notification) ......................................... 21
Recognition as, qualified....................................................................................................60-71
Besieged places ............................................................................................................................. 44
Buildings and areas protected ........................................................................................... 45, 46
Communication ....................................................................................................................... 44
Entry and exit .......................................................................................................................... 44
Inhabitants, treatment of (see also Wounded and sick............................................................ 44
Neutral diplomats .................................................................................................................... 44
Pillage forbidden ..................................................................................................................... 47
Bombardment, assaults and sieges ...........................................................................................39-47
Aerial bombardment................................................................................................................ 42
Assaults and sieges.............................................................................................................39-47
Buildings and areas protected ..................................................................................... 39, 45, 46
Identification thereof ......................................................................................................... 46
Undefended places ............................................................................................................ 39
Warning required............................................................................................................... 43
Booty of war (see also Pillage) ................................................................................. 47, 58, 59, 396
Buildings and monuments to be spared from Bombardment.................................................. 45, 46
Bullets (see Weapons.)
Bureau of Information for prisoners of war (see Prisoners of war.)
Burial (see Dead.)
Cables, submarine (see Submarine cables.)
Camp followers, treatment as prisoners of war (see Prisoners of war.)
Camps and depots (see Prisoners of war-camps.)
Canteens, prisoners of war (see Prisoners of war-Canteens.)
Capitulation ......................................................................................................................470-478
Commanders, legal power to make ....................................................................................... 472
Defined ............................................................................................................................. 470
Destruction of property after signing .................................................................................... 476
Forms ..................................................................................................................... 474, 475
Matters covered ..................................................................................................................... 475
Methods ............................................................................................................................. 474
Military honor ....................................................................................................................... 471
Observance ............................................................................................................................ 471
Political authorities, power.................................................................................................... 473
Violation ............................................................................................................................. 477
Captives (See Prisoners of war.)
Captivity (See Prisoners of war-captivity.)
Cartels ..................................................................................................................... 197, 469
Censorship:
Internees correspondence ...................................................................................................... 319
Occupied territory ................................................................................................................. 377
Prisoners of war correspondence........................................................................................... 152
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Central Prisoners of War Information Agency ........................................................................... 204
Cessation of arms (See Armistice; Suspension of Arms.)
Chaplains:
Prisoner of war, not to be considered as.......................................................................... 67, 112
Protection ..................................................................................................................... 225, 230
Retention ............................................................................................................. 111, 230, 232
Rights and duties, with respect to prisoners of war............................................................... 111
Weapons, right to carry ......................................................................................................... 223
Charity, protection of buildings devoted to (see also Aid
Societies; Red Cross) ................................................................................................ 45, 46, 405
Chemicals, use (See Weapons.) .................................................................................................... 38
Children:
Aliens, rights ......................................................................................................................... 277
Besieged areas, evacuation.................................................................................................... 256
Identification discs ................................................................................................................ 263
Occupied areas, rights ........................................................................................................... 383
Orphans ..................................................................................................................... 263, 383
Safety zones, protection ........................................................................................................ 253
Welfare ..................................................................................................................... 262, 263
Churches, Protection ....................................................................................................... 45, 46, 405
Civil Affairs Administration ............................................................................................... 354, 368
Civil capacity of prisoners of war (See Prisoners of war.............................................................. 90
Civil War ............................................................................................................................... 11
Civilians (see also Aliens; Internees; Protected persons; occupied territory) ......................246-350
Application of conventions ........................................................................................... 246, 252
Assigned residence.........................................................................................................280-282
Children ............................................................................................................................. 263
Civil capacity as internees..................................................................................................... 287
Coercion prohibited............................................................................................................... 270
Collective punishment prohibited ......................................................................................... 272
Confinement (sea Internees.)
Correspondence permitted (see also Censorship........................................................... 264, 265
Discriminations prohibited.................................................................................................... 252
Dispersed families ................................................................................................................. 265
Employment (see also Aliens)............................................................................................... 278
Enemy:
Aiding ............................................................................................................................... 79
Status ............................................................................................................................... 25
Evacuation of wounded and sick (See Wounded and sick.)
Free passage of medical and religious supplies .................................................................... 262
Guides, impression ................................................................................................................ 270
Hospitals (see also Medical personnel; Medical units ..........................253,. 257-259, 385, 386
Hostages ............................................................................................................................. 273
Hostile act ............................................................................................................................. 248
Humane treatment ......................................................................................................... 266, 271
Information bureaus (see Information Bureaus).
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Appendix A - 136
Internees (see Internees).
Internment ..................................................................................................................... 286, 290
Interrogation, coercion prohibited......................................................................................... 270
Medical personnel, civilian ........................................................................................... 236, 259
Medical supplies, food and clothing ..................................................................................... 362
Neutralized zones, protection................................................................................................ 254
Pillage prohibited .................................................................................................................. 272
Prisoner of war, status ........................................................................................... 61, 64, 65, 73
Prohibited acts toward................................................................................................... 266, 271
Protected persons, status (see also Protected persons)...................................................247-252
Protecting power, relations.................................................................................................... 269
Protection ..................................................................................................................... 252, 266
Duration........................................................................................................................... 249
Responsibility.................................................................................................................. 268
Punishment ............................................................................................................................ 248
Re-establishment ................................................................................................................... 249
Relief Organizations (see also Aid Societies; Red Cross...................................................... 269
Relief shipments.............................................................................................................388-391
Renunciation of rights prohibited.......................................................................................... 251
Repatriation ................................................................................................................... 274, 275
Reprisals prohibited............................................................................................................... 272
Rights ............................................................................................................................. 266
Derogations ..................................................................................................................... 248
Exit from territory involved in conflict ................................................................... 274, 275
Safety zones........................................................................................................................... 253
Security measures by occupying power or state ................................................................... 248
Special agreements with regard to ........................................................................................ 250
Torture and corporal punishment, prohibited........................................................................ 271
Treatment, responsibility....................................................................................................... 268
Use to immunize certain places, prohibited .......................................................................... 267
Women, special mention (see also Aliens; Occupied Territory) .................. 253, 256, 262, 266
Wounded and sick ................................................................................................................. 255
Evacuation....................................................................................................................... 256
Medical supplies.............................................................................................................. 262
Protection generally......................................................................................................... 255
Transportation ......................................................................................................... 260, 261
Treatment ........................................................................................................................ 219
Clothing: (See Internees; Prisoners of war, etc.)
Coastal rescue craft ..................................................................................................................... 209
Coercion prohibited (see Civilians; Internees; Prisoners of war, etc.).
Collective punishment prohibited (see Civilians; Internees;
Prisoners of war; occupied territory).
Combatants, status as prisoners of war ......................................................................................... 62
Commanders: (see also Officers).
Neutrality, must respect......................................................................................................... 513
Power to capitulate ................................................................................................................ 472
FM 27-10
Appendix A - 137
Prisoner of war, status ............................................................................................................. 61
War crimes, responsibility with respect to ............................................................ 501, 507, 509
Commandos, status an prisoners of war........................................................................................ 63
Commerce:
Neutrals, transactions of private persons.......................................................................525--527
Non-intercourse............................................................................................................. 449, 450
Relations between neutrals and belligerents ......................................................................... 527
Communications:
Between:
Belligerents.............................................................................................................. 452, 487
Besieged and outside areas................................................................................................ 44
During Armistice..................................................................................................... 377, 487
Means:
In neutral territory ....................................................................................................528-531
Use of the white flag ............................................................................... 458, 460, 467, 504
Complaints of:
Internees .......................................................................................................................... 308
Prisoners of war............................................................................................................... 154
Conciliation procedures................................................................................................................. 19
Confinement. (See Internees; Occupied territory; Prisoners of war.)
Confiscation of enemy property prohibited ................................................................................ 406
Constitutional provisions relative to declaration of war ............................................................... 24
Contributions in occupied territory ..................................................................................... 428, 429
Convoys:
Munitions through neutral territory................................................................................516-518
Wounded and sick through neutral territory ..................................................................539-544
Correspondence. (See Civilians; Internees; Prisoners of war.)
Courts (see also Courts-martial; Military commissions)
In occupied territory...................................................................................................... 373, 436
Prisoners of war............................................................................................... 71, 160, 176, 178
Provost courts, jurisdiction...................................................................................................... 13
War crimes courts.................................................................................................................. 505
Courts-martial ............................................................................................................................... 13
Crimes:
Against humanity .................................................................................................................. 498
Against laws of war or "war crimes .............................................................. 498, 499, 502, 504
Against peace ........................................................................................................................ 498
Under international law..................................................................................................498-504
Cruelty, types prohibited. (See Prohibited acts.)
Cultural buildings and property................................................................................. 45, 46, 57, 405
Customary laws of war............................................................................................... 4, 6, 7, 8, 9,11
Danger zones ............................................................................................................................. 267
Burials ............................................................................................................. 201, 218, 337
Cremation ............................................................................................................. 201, 218, 337
Death certificates................................................................................................... 201, 218, 336
FM 27-10
Appendix A - 138
Examination of bodies................................................................................................... 201, 218
Graves ............................................................................................................. 201, 218, 337
Graves registration service ............................................................................................ 201, 218
Identification tags.................................................................................................................. 218
Information with respect ............................................................................... 201, 202, 336, 337
Inquiry ..................................................................................................................... 202, 338
Internees ......................................................................................................................336-338
Personal effects, disposition.......................................................................................... 201, 336
Prisoners of war............................................................................................................. 201, 202
Robbery and ill-treatment, protected from ............................................................................ 218
Search of battlefield ...................................................................................................... 216, 485
Security measures.......................................................................................................... 248, 266
Treatment of bodies............................................................................................... 202, 218, 336
Wills ............................................................................................................. 201, 320, 336
Death penalty. (See Internees; Prisoners of war; Occupied territory.)
Deception. (Sea Ruses of war.)
Declarations of war:
Constitutional provisions......................................................................................................... 24
Effect ............................................................................................................................... 23
Necessity ..................................................................................................................... 9, 20, 24
Notification to neutrals............................................................................................................ 21
Defended place, defined................................................................................................................ 40
Deployment of prisoners of war. (See Prisoners of way.)
Deserters:
Captured ............................................................................................................................... 70
Enemy soldiers, inducing to desertion .................................................................................... 49
Destruction of property. (See Property. See also Devastation.)
Detaining Power. (See Prisoners of war-Detaining Power.)
Devastation:
In occupied areas, restricted .......................................................................................... 410, 411
Wanton, prohibited...................................................................................................... 41, 56, 58
Diplomatic agents.
Enemy, may be made prisoners of war ................................................................................... 70
Neutrals:
Accompanying army ......................................................................................................... 83
In besieged places.............................................................................................................. 44
In occupied territory................................................................................................ 456, 549
Safe conducts................................................................................................................... 456
Discipline. (See Internees; Prisoners of war.)
Discrimination. (See Civilians; Internees; Prisoners of war, etc.)
Dispersed families ....................................................................................................................... 265
Dissemination of the 1949 Geneva Conventions .......................................................................... 14
Education, internees .................................................................................................................... 301
Emblem. (See Red Cross-emblems)
Enemy:
Aliens, effect of hostilities on. (see Aliens.)
FM 27-10
Appendix A - 139
Flags, misuse of, forbidden ..................................................................................................... 54
Forced partition in hostilities, forbidden ................................................................................. 32
Insignia, misuse forbidden ...................................................................................................... 54
Officials, neutrals, status as POW's......................................................................................... 83
Population, status ............................................................................................................ 60, 247
Property. (See Property.)
Territory. (See Occupied territory.)
Uniform, misuse forbidden ..................................................................................................... 54
Escape:
Internees ..................................................................................................................... 327, 328
Prisoner of war .............................................................................................................. 167, 168
Espionage, sabotage and treason:
Aiding the enemy .................................................................................................................... 79
Espionage (Spies):
Civilians committing................................................................................................. 76, 248
Definitions................................................................................................................... 75, 76
Immunity upon rejoining own forces ................................................................................ 78
Lawful to use............................................................................................................... 49, 77
Prisoner of war, status ....................................................................................................... 81
Protected persons............................................................................................................. 248
Punishment ................................................................................................................ 78, 248
Trial ................................................................................................................. 75, 78, 248
Use ......................................................................................................................... 49, 77
Sabotage:
Prisoner of war, status of saboteurs................................................................................... 81
Protected persons, status of saboteurs ............................................................................. 248
Punishment ................................................................................................................ 82, 248
Spies (see this title--Espionage, above)
Treason ............................................................................................................................... 79
Evacuation of prisoners of war........................................................................................ 95, 96, 543
Executions, summary, prohibited.......................................................................................... 85, 177
Expulsion of enemy nationals ....................................................................................................... 27
Finances:
Currency in occupied territory .............................................................................................. 430
Prisoners of war (see also Prisoners of war)
Adjustments between parties to the conflict ................................................................... 143
Financial resources...................................................................................................134-144
Repatriation costs ............................................................................................................ 195
Flags:
Proper and improper use ............................................................................................. 52, 54
Red Cross emblem (See Red Cross emblem.)
Truce flag, misuse ............................................................................................. 53, 467, 504
Food:
Free passage for certain purposes.................................................................................. 262, 388
Internees ............................................................................................................................. 296
Occupied territories ....................................................................................... 383, 384, 388, 412
FM 27-10
Appendix A - 140
Prisoners of war............................................................................................................. 102, 105
Forbidden conduct (See Prohibited sets):
Gains, private, by officers and soldiers in occupied territory ..................................................... 398
Gases and chemicals, use .............................................................................................................. 38
Geneva Conventions of 1929 .......................................................................................................... 5
Geneva Conventions of 1949 .......................................................................................................... 5
Articles cited (See Index of 1949 Geneva Convention Articles.)
Dissemination of Conventions ................................................................................................ 14
Grave breaches ...................................................................................................... 502, 503, 506
Interpretation ........................................................................................................................... 19
Protection of Civilian Persons Convention (See Civilians.)
Reservations by United States............................................................................................... 245
Treatment of Prisoners of War Convention (See Prisoners of War.)
Violation ............................................................................................................. 496, 502, 503
Wounded and Sick Convention (See Wounded and Sick.)
Wounded, sick and shipwrecked Convention (See Wounded
and Sick --- shipwrecked.)
Geneva Cross (See Red Cross)...................................................................................................... 49
Good faith with enemy.......................................................................................................... 49, 453
Government, military (See Military government.)
Government officials (See Officials under occupied territory, war crimes; See also officer.)
Grave breaches of the Geneva Conventions (See Geneva Convention--grave breaches.)
Graves registration service (See Dead.)
Grenades, use authorized............................................................................................................... 84
Guerrillas:
Protection ............................................................................................................................. 248
Guides, impression of enemy nationals forbidden ...................................................................... 270
Hague Convention, United States as a party to (see also Index
of Hague Convention Articles) ................................................................................................. 5
Hospitals (See Medical units; see also Medical personnel,
medical stores and supplies).
Hospital ships (see also Medical units) ....................................................................... 209, 260, 544
Hospital zones ..................................................................................................................... 224, 253
Hostages, use as means of reprisals prohibited ............................................................. 11, 273, 497
Hostile acts (See Hostilities; prohibited acts.)
Hostilities ..........................................................................................................................20-59
Belligerents (See Belligerents.)
Cessation (See Capitulation; Cartels; Armistice.)
Commencement..................................................................................................................20-27
Agreements of belligerents on money to be retained by prisoners ................................. 134
Appoint mixed medical commissions ............................................................................. 191
Constitutional provisions................................................................................................... 24
Declaration of war required......................................................................................... 20, 24
Effect on enemy nationals ......................................................................................25-27, 32
Establishment of information bureaus .............................................................203, 343-350
FM 27-10
Appendix A - 141
Exchange of titles and ranks............................................................................................ 119
Hague Convention, date to be effective between parties ............................................ 22, 23
Notification to:
Neutrals ....................................................................................................................... 21
Protecting Powers (See Protecting Powers.)
Organization of Graves Registration Service............................................................ 218
Conduct of: (see also Prohibited acts; Weapons)
Aerial bombardment.................................................................................................... 42
Arms, etc., causing unnecessary injury (See Weapons.)
Assassination and outlawry forbidden (See Prohibited acts.)
Assaults (See Bombardment, assaults and sieges.)
Atomic weapons (See Weapons.)
Attack restricted to defended places (See Prohibited acts.)
Bacteriological warfare (See Weapons.)
Basic principles ........................................................................................................1-14
Battlefield, search...................................................................................................... 216
Bombardments, assaults, and sieges (See Bombardment
assaults and sieges.)
Bullets, use of certain kinds forbidden (See Weapons.)
Compelling nationals to fight against own country .................................................... 32
Confiscation of private property (See Property.)
Contamination of water sources (See Prohibited acts.)
Cruelty prohibited (See Prohibited acts,)
Dead (See Dead.)
Deception ...............................................................................................................50-55
Defended place defined................................................................................... 33, 34, 40
Destruction of property (See Devastation.)
Destruction of life or limb permitted........................................................................... 41
Drying or diverting water sources authorized ............................................................. 37
Enemy nationals not to be compelled to take part against own country..................... 32
Enemy territory (see Occupied territory.)
Executions, summary, forbidden (See Prohibited acts.)
Flags, misuse of forbidden (See Prohibited acts.)
Forbidden conduct (See Prohibited acts.)
Gases and chemicals, use ............................................................................................ 38
Good faith must be observed............................................................................... 49, 453
Grenades, authorized (See Weapons.)
Information, coercion prohibited......................................................................... 93, 270
Injuring enemy, means limited (See Prohibited acts.)
Insignia enemy, misuse forbidden (See Prohibited acts.)
Killing or wounding captives forbidden (See Prohibited acts.)
Military necessity .......................................................................................................... 3
Offenders against the laws of war, treatment of (See War crimes.)
Parachutes, firing on persons descending ................................................................... 30
Perfidy, prohibited (See Prohibited acts.)
Pillage of towns and places forbidden (See Prohibited acts.)
FM 27-10
Appendix A - 142
Quarters, refusal of (See Prohibited acts.)
Requisition of supplies (See Requisitions.)
Surrender, injuries after (See Prohibited acts.)
Termination, effects of (See also Armistice; Capitulation;
Suspension of arms; Surrender) ........................................................................ 10, 470
United Nations Charter, applicability.......................................................................... 23
Humane treatment (See Aliens; Civilians; Internees; Prisoners of war;
Wounded and sick.)
Humanity, principles of, defined (see also Crimes against humanity)............................................ 6
Hygiene (See Internees; Occupied territory; Prisoners of war.)
Identification cards &, discs, etc. (See Children; Civilians; Dead;
Internees; Prisoners of war; Medical personnel, etc.)
Inducing enemy soldiers to desert................................................................................................. 49
Information, coercion prohibited........................................................................................... 93, 270
Information Bureau: (see also Aid Societies; Red
Cross) .......................................................................................................203-207, 343-350
Central Information Agency.................................................................................... 204, 347
Exemption from postal charges............................................................................... 205, 348
National Bureau....................................................................................................... 203, 343
Inhabitants of occupied territory (See Occupied territory
rights, etc., of Inhabitants.)
Injuries after surrender .................................................................................................................. 29
Insignia:
Improper use...................................................................................................................... 52, 55
Proper use ............................................................................................................................... 54
Intercourse between belligerents (See Belligerents-intercourse
or negotiations between.)
International Committee of the Red Cross (See Red Cross.)
International Law:
Crimes under ..................................................................................................................498-504
Customary law..............................................................................................................4, 6-9, 11
Geneva Conventions (see also Geneva Conventions)................................................... 502, 503
Jurisdiction .................................................................................................................... 502, 503
National law ...................................................................................................................... 7, 511
Punishments .......................................................................................................................... 508
Responsibility of nations for punishment.............................................................................. 506
Treaty law, force ....................................................................................................................... 7
Trials ............................................................................................................................. 505
Violations (see also War crimes) .................................................................................. 498, 507
War crimes (See War crimes.)
Internees:
Accommodations: (see also this title-Camps, And see Internment.) .............................286-342
Generally ............................................................................................................289-292
In neutral countries.................................................................................................... 339
Accounts ............................................................................................................................. 305
Air raid shelters ..................................................................................................................... 295
FM 27-10
Appendix A - 143
Allowances ............................................................................................................................ 305
Burial and cremation ............................................................................................................. 337
Camps:
Administration................................................................................................................. 306
Geneva Conventions to be posted ................................................................................... 306
Inspection ........................................................................................................................ 350
Location........................................................................................................................... 290
Regulations, orders, etc., to be posted............................................................................. 306
Canteens ............................................................................................................................. 294
Censorship..................................................................................................................... 308, 319
Central Information Agencies ............................................................................................... 347
Civil capacity......................................................................................................................... 287
Clothing ............................................................................................................................. 297
Coercion ............................................................................................................................. 270
Collective punishment prohibited ......................................................................................... 272
Collective relief shipments (see this title-Relief shipments.)
Compensation........................................................................................................................ 302
Complaints ............................................................................................................................ 308
Confinement .................................................................................................................. 329, 333
Correspondence......................................................................................313, 314, 318-320, 332
Censorship (see this title--Censorship.)
Court proceedings ..................................................................................322, 325, 328, 330-333
Death ......................................................................................................................336-338
Death certificates................................................................................................................... 336
Discipline:
Disciplinary punishment ..........................................................................................326-332
Generally ......................................................................................................................... 307
Discrimination....................................................................................................................... 266
Education ............................................................................................................................. 301
Employment of (see this title-Labor.)
Escape, effect on other offenses .................................................................................... 327, 328
Families ............................................................................................................................. 289
Financial allowances ............................................................................................................. 305
Food rations........................................................................................................................... 296
Graves registration ................................................................................................................ 337
Groupings for housing purposes ........................................................................................... 289
Hazards of war, protection .................................................................................................... 295
Humane treatment ................................................................................................. 266, 307, 334
Hygiene and health................................................................................................................ 292
Identification and identity cards.................................................................... 304, 313, 337, 345
Imprisonment ........................................................................................ 325, 326, 329, 331, 332
Information Bureaus.......................................................................................................343-349
Inspection of interment facilities........................................................................................... 350
Intellectual pursuits ............................................................................................................... 301
Internee committees .......................................................................................................308-311
Internment (see this title-Accommodation.)
FM 27-10
Appendix A - 144
Internment cards.................................................................................................................... 313
Investigations:
Death or injury ................................................................................................................ 338
Inspection of camp .......................................................................................................... 350
Offenses of internees....................................................................................................... 329
Judicial proceedings (see this title-Court Proceedings.)
Killed or injured; special circumstances ............................................................................... 338
Labor -Conditions ................................................................................................................. 302
Labor detachments ................................................................................................................ 303
Laws applicable..................................................................................................................... 324
Lawsuits against .................................................................................................................... 322
Legal aid ..................................................................................................................... 320, 322
Legal documents ........................................................................................................... 320, 336
Maintenance .......................................................................................................................... 288
Medical examinations and care ..................................................................................... 298, 299
Moneys ..................................................................................................................... 304, 305
Notifications by Detaining Power ................................................................. 312, 336, 338, 343
Offenses-
Generally ......................................................................................................... 324, 327, 328
Investigation .................................................................................................................... 329
Punishment (see this title-Punishments.)
Penal and disciplinary sanctions (See this title--Punishment.)
Personal effects ............................................................................................................. 304, 346
Petition, right......................................................................................................................... 308
Postal exemptions.................................................................................................................. 317
Prisoners of war, separation from ......................................................................................... 291
Property, personal (see also this title-Money):
Forwarding of personal property..................................................................................... 346
Management .................................................................................................................... 321
Personal effects ............................................................................................................... 304
Transfers.......................................................................................................................... 335
Protecting Powers:
Complaints ................................................................................................................ 308
Notification................................................................................................ 312, 336, 338
Supervision................................................................................................................ 350
Visitations.................................................................................................................. 350
Protection ........................................................................................................................ 295
Punishment:
Basis .......................................................................................................................... 331
Disciplinary ........................................................................................................324-333
General provisions..................................................................................................... 324
Penalties prescribed................................................................................................... 325
Procedures for imposing.....................................................................................330-333
Prohibited punishment....................................................................................... 271, 272
Safeguards ......................................................................................................... 331, 332
Recreation........................................................................................................................ 301
FM 27-10
Appendix A - 145
Release .....................................................................................................................339-342
Relief ............................................................................................................................. 315
Collective relief ......................................................................................................... 316
Exemption from fees and duties................................................................................ 317
Relief shipments........................................................................................ 315, 318, 349
Relief societies ................................................................................................................ 349
Religious freedom ................................................................................................... 293, 300
Repatriation ..............................................................................................................339-341
Costs .......................................................................................................................... 342
Representatives of (see also this title--Protecting Powers) ......................................308-311
Residence, return.................................................................................................... 341, 342
Rights:
Generally ........................................................................................... 266, 291, 307, 334
During punishment............................................................................................ 331, 332
Sanitation measures......................................................................................................... 292
Transfers:
Conditions ................................................................................................................. 334
Methods..................................................................................................................... 335
Visitors and visits (see also this title-Protecting Powers) ............................................... 323
Wills ..................................................................................................................... 320, 336
Women ........................................................................... 288, 289, 292, 296, 298, 304, 331
Internment. (see also Assigned residence)
Areas ....................................................................................................................... 98, 290
Civilian ............................................................................................................................. 286
Prisoners of war................................................................................................................97-100
Interrogation:
Civilians, use of force prohibited .......................................................................................... 270
Prisoners of war....................................................................................................................... 93
Invasion, occupation distinguished from .................................................................................... 352
Invested areas, inhabitants............................................................................................................. 44
Jurisdiction -
Military jurisdiction, defined................................................................................... 13, 505, 507
War crimes, jurisdiction over ........................................................................................ 505, 507
Killing or wounding:
After surrender ........................................................................................................................ 85
Limitations on means .................................................................................................. 33, 34, 41
arlementaires, accidental or otherwise .................................................................................. 461
Labor (See Labor under Aliens; Internees; Prisoners of war; Occupied territory.)
Land warfare (See Hostilities.)
Laws of war:
Applicability.........................................................................................................................7-10
Basic rules and principles.....................................................................................................1-14
Binding effect............................................................................................................................ 3
Civil war, applicability............................................................................................................ 11
Customary laws ............................................................................................................4, 6-9, 11
Declaration of war unnecessary to make applicable ................................................................. 9
FM 27-10
Appendix A - 146
Enforcement ........................................................................................................15-19, 495-511
Force ................................................................................................................................. 7
Interpretation of 1949 Geneva Conventions relating to .......................................................... 19
Jurisdiction to try offenses against .......................................................................... 13, 505, 507
National law .......................................................................................................................... 511
Protecting Powers, role with regard to ...............................................................................15-19
Purpose ................................................................................................................................. 2
Sources ................................................................................................................................. 4
Termination of hostilities, effect ............................................................................................. 10
Treaties ......................................................................................................................... 4, 5, 7
Unwritten rules (see this title--Customary laws.)
Violations (gee also Prohibited acts; War crimes) .........................................................495-511
Legal documents (see under Internees; Prisoners of war)
Levee En Masse:
Defined ................................................................................................................... 61, 65, 72
Treatment ............................................................................................................................... 65
Liberated Territory, Government ................................................................................................ 354
Looting ............................................................................................................... 47, 272, 397
Mail (See Correspondence under civilians; Internees;
Prisoners of war, etc.) (see also Censorship; Information
bureaus)
Manual, purpose .............................................................................................................................. 1
Martial law:
Definition ............................................................................................................................... 12
Distinguished from military government ................................................................................ 12
Medical commissions.......................................................................................................... 191, 192
Medical examinations (see under Internees; Prisoners of war)
Medical personnel: (see also Wounded and sick; Red Cross)
Civilian hospitals, employed ................................................................................................. 259
Definition, persons included ......................................................................67-69, 225, 226, 259
Emblem of protection...................................................................................... 55, 238, 240, 259
Neutrals, status ...................................................................................................... 229, 233, 545
Prisoners of war, status.............................................................................................. 67, 68, 230
Protection ..................................................................................................... 223, 225, 226, 236
Retained personnel, status as..............................................................................67, 68, 230-232
Return by the enemy ......................................................................................................231-233
Security measures.................................................................................................................. 231
Weapons, right to carry ......................................................................................................... 223
Medical stores and supplies: (see also Medical units)
Free passage .......................................................................................................................... 262
Occupied territories, use................................................................................................ 384, 413
Protection ............................................................................................................................. 234
Requisition .............................................................................................................386, 413-416
Medical units: (Including hospitals and mobile units.)
(see also Medical commissions)
Aircraft, use..................................................................................................... 237, 261, 540
FM 27-10
Appendix A - 147
Building, mobile units and stores, protection............220-223, 234, 253, 257-258, 260, 261
Civilian hospitals..................................................................................... 257, 258, 385, 386
Defense of, protective status not thereby denied............................................................. 223
Emblem of protection.........................................................................55, 242-245, 248, 257
Hospital ships .................................................................................................. 209, 260, 544
Hospital zones ......................................................................................................... 224, 253
Hospitals (see this title-Buildings, etc.)
Location............................................................................................................. 220, 253
Neutral territory, passage of units through................................................ 530, 540, 541
Neutral units and the use of national flag.......................................................... 229, 243
Occupied territory ..................................................................... 257, 258, 386, 414, 415
Protection of (see this title-Buildings, etc.)
Requisition of hospital and other units.......................................................386, 414-416
Termination of protection.......................................................................................... 222
Transportation units.................................................................................................. 236
Utilization......................................................................................................... 222, 223
Weapons employed in connection with ................................................................... 223
Military attaches of neutral country .............................................................................. 83, 457, 549
Military commissions............................................................................................................ 13, 505
Military government: (see also Occupied territory)
Authority ............................................................................................................................. 367
Courts, suspension................................................................................................................. 373
Definition ..................................................................................................................... 362, 368
Distinguished from martial law............................................................................................... 12
Financing ............................................................................................................................. 364
Functions ..................................................................................................................... 363, 367
Laws to be applied..........................................................................................................369-372
Necessity ............................................................................................................................. 362
Puppet governments .............................................................................................................. 366
Rights protected..................................................................................................................... 365
Military jurisdiction....................................................................................................... 13, 505, 507
Military necessity ............................................................................................................................ 3
Military occupation (See Occupied territory.)
Military passports (See Passport, Military.)
Militia:
Definition ............................................................................................................................... 64
Prisoner of war status .................................................................................................. 61, 64, 74
Mixed medical commissions (See Medical commission.)
Money:
Internees ..................................................................................................................... 304, 305
Occupied territory, use of (see also Taxation) ...................................................................... 430
Prisoners of war (See Prisoners of war--finances.)
Monuments, protection.......................................................................................................... 57, 405
Munitions:
Neutral territories:
Convoys....................................................................................................................516-518
FM 27-10
Appendix A - 148
Purchases......................................................................................................................... 527
Shipments .................................................................................................517, 518, 525-527
Occupied territory:
Seizure authorized ................................................................................................... 401, 403
Museums, protection ............................................................................................................. 57, 405
National Red Cross (See Red Cross.)
Neutral Aid Societies (See Aid Societies.)
Neutral commerce, shipment of supplies for Belligerents .................................. 516--518, 525-527
Neutral countries (See Neutral Powers; neutral territory.)
Neutral persons.....................................................................................................................547-551
Belligerent acts...................................................................................... 519, 523, 524, 550, 551
Commerce with belligerents...........................................................................................525-527
Definition ............................................................................................................................. 547
Diplomatic personnel .............................................................................................. 83, 456, 549
Export of arms................................................................................................................525-527
Forfeiture of neutrality .......................................................................................................... 550
Hostile acts ............................................................................................................................ 550
Medical personnel, security measures................................................................... 229, 233, 545
Occupied territory:
Diplomatic personnel (See Diplomatic personnel above.)
Offenses committed......................................................................................................... 550
Status ............................................................................................................................. 548
Protected persons, status ....................................................................................................... 247
Rights, forfeiture ................................................................................................................... 550
Neutral Powers:
Asylum ..................................................................................................................... 534, 545
Belligerents, relations with:
Commercial shipments..............................................................................516-518, 525-527
Communication facilities, belligerents' use..............................................................528-531
Diplomatic agents.............................................................................................. 83, 456, 549
Equipment of belligerents, disposition.................................................................... 536, 552
Export controls, impartiality ....................................................................................525-527
Force, use to enforce neutrality....................................................................................... 519
Internment of belligerents ............................................................................... 532, 535, 537
Medical units and medical personnel .............................................................. 243, 540, 545
Movement of troops and supplies ........................................................................... 517, 518
Parole of belligerents....................................................................................................... 535
Treatment of belligerents ................................................................................ 532, 533, 537
Neutral territory (See Neutral territory.)
Neutrality (See Neutrality.)
Notification as to:
Neutrality......................................................................................................................... 514
State of war................................................................................................................ 21, 514
Prisoners of war, duties concerning (See Prisoners of war.)
Protecting Power, role as (See Protecting Powers.)
Responsibilities ..................................................................................................................... 526
FM 27-10
Appendix A - 149
Shipwrecked belligerents, detention ............................................................................. 523, 544
Troop movements.......................................................................................................... 516, 518
Violations of neutrally................................................................................................... 519, 520
Weapons:
Belligerents' weapons, disposition .................................................................................. 536
Transport or export....................................................................................516-518, 525-527
Wounded and sick, duties toward (See Wounded and sick.)
Neutral territory: (see also Neutral Powers.)
Asylum ............................................................................................................. 532, 534, 545
Belligerents in (see also Neutral Powers) ......................................................526, 532-535, 549
Communication facilities, use ........................................................................................528-531
Evacuation of prisoners of war.............................................................................................. 543
Inviolability ........................................................................................................................... 515
Medical aircraft ..................................................................................................................... 540
Medical personnel ................................................................................................................. 545
Movements of troops and supplies through .................................................................. 516, 517
Prisoners of war, escapees..................................................................................................... 538
Radio stations, etc., forbidden........................................................................................528-531
Railroad equipment ............................................................................................................... 552
Recruitment of troops prohibited .......................................................................................... 522
Restrictions on territory......................................................................................................... 518
Sale of supplies to belligerents.......................................................................................525-527
Wounded and sick:
Internment and passage ............................................................................................539-544
Neutrality: (see also Neutral persons; Neutral Powers;
Neutral territory.) ...........................................................................................................512-552
Definition ............................................................................................................................. 512
Enforcement .................................................................................................................. 519, 520
Forfeiture ............................................................................................................................. 550
Notification............................................................................................................................ 514
United Nations Charter, effect .............................................................................................. 513
Violations:
Defined ............................................................................................................................ 521
Failure to prevent, effect of ............................................................................................. 520
Individuals............................................................................................................... 523, 524
Prevention................................................................................................................ 519, 520
Punishment ...................................................................................................................... 521
Resistance........................................................................................................................ 519
Neutralized zones, creation ......................................................................................................... 254
Newspaper reporters, captured status............................................................................................ 61
Newspapers in Occupied Territory (See Occupied territory-newspapers.)
Non-belligerent powers (see also Neutral Powers) ............................................................. 512, 513
Noncombatants:
Besieged places ....................................................................................................................... 44
Nonhostile agreements (See Armistices; Capitulations; Cartels;
FM 27-10
Appendix A - 150
Suspension of arms; Surrender).
Nonhostile relations of belligerents (See Belligerents--non-
hostile relations.) ............................................................................................................449-494
Nonintercourse .................................................................................................................... 449, 450
Notification to neutrals (see also Protecting Powers) ................................................................... 21
Oath of allegiance to occupying power....................................................................................... 359
Occupation (see also Occupied territory).............................................................................351-448
Annexation during................................................................................................. 358, 359, 365
Civil Affairs administration distinguished ............................................................................ 354
Definition ............................................................................................................................. 351
Duration ............................................................................................................................. 352
Effectiveness ................................................................................................................. 356, 360
Government, nature............................................................................................................... 368
Invasion, distinguished from ................................................................................................. 352
Proclamation.......................................................................................................................... 357
Question of fast ..................................................................................................................... 355
Sovereignty not transferred ........................................................................................... 353, 358
Subjugation or conquest, distinctions.................................................................................... 353
Termination ........................................................................................................................... 361
Occupational accidents (See Labor under internees;
prisoners of war; Occupied territory.)
Occupied territory: (see also Civilians; Internees,
Neutral persons) .............................................................................................................351-448
Administration................................................................................................................362-378
Annexation ............................................................................................................ 358, 359, 365
Assigned residence................................................................................................................ 433
Billeting of occupation army, authorized.............................................................................. 379
Censorship of press and mail ................................................................................................ 377
Charitable property (See Property-religious, charitable, and cultural.)
Children ............................................................................................................. 262, 263, 383
Civil Affairs Administration, distinguished .......................................................................... 354
Civil or military Government................................................................................................ 368
Coercion of Inhabitants to obtain information,
prohibited ........................................................................................................................ 270
Collective punishment (see this title--Penal Law).
Commercial intercourse, restrictions allowed....................................................................... 376
Commercial transactions, military personnel
(see below, under Private gain of.)
Confinement: (see also Assigned residence; Internment)
Place ............................................................................................................................. 446
Pretrial ............................................................................................................................. 439
Treatment during ..................................................................................................... 446, 447
Contributions: (see also this title-Taxes.)
Method of levy or collection ........................................................................................... 429
Purpose ............................................................................................................................ 428
Control of inhabitants.................................................................................................... 432, 433
FM 27-10
Appendix A - 151
Costs of occupation (see also Contributions; Taxes.) ........................................................... 364
Courts (see this title--Penal law) ................................................................... 372, 373, 436, 437
Crimes (see this title-Penal law.)
Criminal procedure (see this title-Penal law.)
Currency and exchange controls ........................................................................................... 430
Death penalty (see this title-Penal law.)
Defenses at trials (see this title-Trials.)
Definition ......................................................................................................................351-356
Detainees, treatment (see this title--Confinement, above) .................................................... 446
Deportations .......................................................................................................................... 382
Devastation.................................................................................................................... 410, 411
Diplomatic personnel .............................................................................................. 83, 457, 549
Evacuations ........................................................................................................................... 382
Food and clothing:
Generally ......................................................................................................... 384, 388, 413
Requisition .............................................................................................................. 413, 416
Freedom of movement .......................................................................................................... 375
Government: (see also this title--Administration.)
Civil ............................................................................................................................. 368
Duress ............................................................................................................................. 366
Functions ................................................................................................................. 367, 368
Local government............................................................................................................ 366
Military government.................................................................................................. 12, 362
Nature ............................................................................................................................. 368
Puppet governments ........................................................................................................ 366
Government officials (see this title-Officials.)
Guides, impression ................................................................................................................ 270
Hospitals:
Protection ................................................................................................................ 257, 258
Requisition ...................................................................................................... 386, 414, 415
Zones ............................................................................................................................. 253
Hostages forbidden................................................................................................................ 273
Human rights of inhabitants .................................................................................................. 386
Hygiene and health................................................................................................................ 385
Inhabitants (see under appropriate subject headings here)
Institutions to be protected (see also Property) ............................................................. 393, 405
Internment (see also Internees) ............................................................................................. 433
Judges (see this title-Officials, below.)
Labor: (see also this title-Officials)................................................................................418-422
Prohibited labor ............................................................................................................... 420
Protection of laborers ...................................................................................................... 421
Requisitions............................................................................................................. 419, 420
Land, private and public (See Property.)
Laws: (see also this title-Penal law)...............................................................369-372, 432, 437
Administration......................................................................................................... 370, 437
Application ...................................................................................................................... 437
FM 27-10
Appendix A - 152
Immunity of occupation personnel from local laws........................................................ 374
Occupation laws, when applicable .................................................................. 352, 360, 374
Publication of new laws .................................................................................................. 435
Rights of action, not to be suspended.............................................................................. 372
Repeal or suspension....................................................................................... 370, 371, 434
Maintenance of occupation ................................................................................................... 360
Medical supplies............................................................................................ 384, 386, 388, 413
Medical units ......................................................................................... 257, 258, 386, 414, 415
Military government, necessity for ....................................................................................... 362
Military services, recruitment, etc................................................................................. 418, 420
Money (set this title-Currency.)
Movement, restrictions.......................................................................................................... 375
National flags (See Flags--proper and improper use.)
Nationals of the occupying power:
Immunity from local law................................................................................................. 374
Offenses committed before occupation........................................................................... 440
Nationals of other powers, repatriation ................................................................................. 381
Neutral persons (see Neutral persons)................................................................................... 551
Newspapers, control .............................................................................................................. 377
Oaths (see also this title-Officials) ................................................................................ 359, 423
Obedience to occupation authorities ..................................................................... 359, 423, 432
Occupation (see this title-Occupation.)
Offenses before occupation (see this title-Penal law.)
Officials of hostile government:
Coercion .......................................................................................................................... 422
Compensation.................................................................................................................. 424
Oaths ............................................................................................................................. 423
Obedience........................................................................................................ 359, 423, 432
Punishment (see this title--Punishment.)
Removal .......................................................................................................................... 422
Salaries ............................................................................................................................ 424
Penal and disciplinary sanctions (see this title--Penal law.)
Penal law (see also this title-Laws) ................................................................................432-448
Appellate rights ............................................................................................................... 443
Applicable law......................................................................................... 369, 370, 434, 437
Confinement .................................................................................................... 439, 446, 447
Courts ............................................................................................................. 373, 436, 437
Defense at trial ................................................................................................................ 442
Individual responsibility.................................................................................................. 448
Legislation....................................................................................................................... 434
Offenses:
Committed before occupation .................................................................................. 440
Generally .................................................................................................................. 438
Penalties .......................................................................................................................... 438
Procedure for trials ...................................................................................................441-444
Publication of laws .......................................................................................................... 435
FM 27-10
Appendix A - 153
Punishments: ............................................................................................................438-440
Collective punishment, prohibited .................................................................... 272, 448
Confinement ...................................................................................... 438, 439, 446, 447
Death penalty............................................................................................. 438, 444, 445
Notification to Protecting Power............................................................................... 444
Offense committed before occupation ...................................................................... 440
Repeal or suspension....................................................................................................... 369
Pillage prohibited .................................................................................................................. 397
Population, rights (see also appropriate subheadings under this title) ...........................379-387
Postal service......................................................................................................................... 377
Press and radio ...................................................................................................................... 377
Prisoners of war, status of persons in occupied territory ........................................................ 72
Private gains by officers and soldiers forbidden ................................................................... 398
Proclamation of occupation................................................................................................... 357
Property (See Property.)
Protecting Power: (see also Internees; Protecting Powers.)
Functions with respect to:
Foods, medical supplies and relief ............................................................384, 388-390
Labor ........................................................................................................................ 421
Trials and sentences ......................................................................................... 442, 444
Notification of:
Transfers and deportation.......................................................................................... 382
Trials and sentences .................................................................................. 441, 444, 446
Public finance...........................................................................................................425-431
Public order ............................................................................................................. 363, 369
Punishment (see this title-Penal law.)
Puppet Governments ....................................................................................................... 366
Recruitment ..................................................................................................................... 418
Relief and relief shipments.......................................................................................388-391
Relief societies ................................................................................................................ 392
Religion-
Religious assistance................................................................................................... 387
Religious freedom ..................................................................................... 252, 266, 380
Religious property, protection and use...................................................................... 405
Repatriation of nationals of other powers (see also
Civilians; Internees) .................................................................................................. 381
Reprisals prohibited......................................................................................................... 272
Requisitions (See Requisitions.)
Red Cross (See Red Cross.)
Residence, assigned......................................................................................................... 433
Revenue (see this title-Taxes.)
Rights of action ............................................................................................................... 372
Rights of inhabitants.........................................................................................365, 379-387
Schools ............................................................................................................................ 383
Security measures.................................................................................... 248, 266, 369, 399
Services, requisition ........................................................................................ 418, 419, 422
FM 27-10
Appendix A - 154
Sovereignty.............................................................................................................. 353, 358
Subjugation or conquest .................................................................................................. 353
Submarine cables............................................................................................................. 411
Taxes: (sea also this title--Contributions.)
Changes in tax law .................................................................................................... 426
Collection .......................................................................................................... 425, 427
Types ......................................................................................................................... 426
Use............................................................................................................................. 425
Termination of occupation .............................................................................. 360, 361, 447
Transfers of populations.................................................................................................. 382
Transportation, control .................................................................................................... 378
Trials: (see also this title-Courts; Penal law.)
Appellate rights ......................................................................................................... 443
Defense, rights....................................................................................................441-445
Notification to Protecting Power............................................................................... 444
Women (see also internees-women) ....................................... 253, 256, 262, 266, 271, 446
Workers (see this title-Labor.)
Officers (see also War crime--officials.)
Captured (See Prisoners of war-officers.)
Gains, private, forbidden in occupied territory ............................................................... 398
Internment by Neutral Powers................................................................................. 532, 534
Liability for war crimes................................................................................... 501, 509, 510
Parole in neutral countries............................................................................................... 535
Opening of hostilities (See Hostilities.)
Orders and regulations: (see also War crimes-orders of superiors.)
Prisoners of war, posting in prisoners language.................................................................... 117
Orphans, care ..................................................................................................................... 263, 383
Outlawry and assassination ........................................................................................................... 31
Parachute, persons descending...................................................................................................... 30
Parlementaires ......................................................................................................................458-468
Parole:
In neutral territory ................................................................................................................. 535
Prisoners of war (See Prisoners of war-parole.)
Passports, military ............................................................................................................... 454, 455
Penal and disciplinary sanctions (See Internees; Occupied
Territory; Prisoners of war.)
Perfidy 50, 493
Permitted acts, specifically mentioned:
Atomic weapons...................................................................................................................... 36
Bombardment .......................................................................................................................... 42
Property destruction ................................................................................................................ 56
Ruses ............................................................................................................................... 51
Spies ............................................................................................................................... 77
Stratagems ............................................................................................................................... 48
Weapons, employing fire ........................................................................................................ 36
Personal Property (See Internees; Prisoners of war; Property;
FM 27-10
Appendix A - 155
Wounded and sick.)
Physical examinations (See Internees; Prisoners of war.) Pillage prohibited ............... 47, 272, 397
Poison 37
Policing of battlefield .................................................................................................................. 216
Populations shifts in occupied territory (See Occupied territory-transfers)
Political authorities, power to capitulate ..................................................................................... 473
Postage (See Mail)
Principles, basic principles of the law of war.................................................................................. 3
Prisoners of war......................................................................................................................60-207
Accidents ............................................................................................................................. 193
Accommodations in neutral country ......................................................................188-190, 194
Accounts (See Finances, below.)
Accused prisoners, rights ...................................................................................... 175, 181, 882
Acts committed prior to capture............................................................................................ 161
Addresses of prisoners, belligerents to inform each other .................................................... 203
Administration of (see this title-Camps.)
Agreements on treatment ........................................................................................................ 86
Aid societies (see also Red Cross) ...................................................................69, 148-151, 206
Aiding the enemy .................................................................................................................... 79
Airborne troops ....................................................................................................................... 63
Appellate rights (see this title-Judicial proceedings.)
Armistice, disposition during ................................................................................................ 487
Authorities of detaining power, relations with...............................................................154-157
Asylum ............................................................................................................................. 199
Attaches and other diplomatic representatives of neutral powers........................................... 83
Badges and decorations................................................................................................... 94, 116
Books may receive ................................................................................................................ 148
Bureau of Information....................................................................................................203-205
Burial, certificates, etc........................................................................................................... 201
Camp followers, status ...................................................................................................... 60, 70
Camps:
Administration................................................................................................................. 115
Geneva Conventions, regulations and orders, posting .................................................... 117
Hygiene ........................................................................................................................... 106
Responsible officer.......................................................................................................... 115
Screening......................................................................................................................... 100
Supervision...................................................................................................................... 207
Transit ..................................................................................................................... 100, 106
Working............................................................................................................................. 99
Canteens ............................................................................................................................. 104
Captivity: (see also this title--Capture)
Beginning .....................................................................................................................93-96
Termination ..............................................................................................................185-202
Captures
Acts committed prior....................................................................................................... 161
Recapture................................................................................................................. 170, 185
FM 27-10
Appendix A - 156
Capture cards......................................................................................................................... 146
Cartels ..................................................................................................................... 197, 469
Censorship............................................................................................................................. 152
Central Prisoner of War Information Agency ............................................................... 204, 205
Chaplains (see this title-Religious ministers.)
Civil capacity........................................................................................................................... 90
Civil officials as prisoners of war ........................................................................................... 70
Civilians (See Civilians.)
Clothing ..................................................................................................................... 103, 105
Coercion for:
Inducement to admit guilt ............................................................................................... 175
Obtaining information, prohibited..................................................................................... 93
Collective Punishment (see this title-Punishment.)
Combatants and noncombatants.............................................................................................. 62
Commandos............................................................................................................................. 63
Compelling to serve in hostile forces, forbidden .................................................................. 502
Complaints and requests, right to make ................................................................................ 154
Confinement as punishment (sea also this title-Internment.)
Conditions ............................................................................................... 173, 174, 179, 184
Duration........................................................................................................................... 174
Hearings prior to.............................................................................................................. 179
Place ..................................................................................................................... 178, 184
Pre-trial............................................................................................................................ 179
Conviction -
Appeal from..................................................................................................................... 182
Enforcement .................................................................................................................... 184
Notice ............................................................................................................................. 183
Correspondence:
Capture card .................................................................................................................... 146
Censorship and suspension.............................................................................................. 152
Dispatches ............................................................................................................... 147, 150
Exemption from postage and duties ................................................................................ 150
General rules ............................................................................................................147-153
Legal documents ............................................................................................................. 153
Parcels ..................................................................................................................... 148, 149
Relief shipments.............................................................................................................. 148
Special transport.............................................................................................................. 151
Telegrams ................................................................................................................ 147, 150
Transfer ........................................................................................................................... 124
Courts ............................................................................................................... 71, 160, 178
Dangerous work (see this title-Labor)
Dead:
Burial ..................................................................................................................... 201, 202
Special circumstances of death ....................................................................................... 202
Death penalty......................................................................................................... 176, 177, 183
Definition:
FM 27-10
Appendix A - 157
Persons included...........................................................................................................60-71
Persons excluded ..........................................................................................................72-83
Deployment of prisoners (see also this-Labor) ....................................................................... 99
Detaining power:
Accounts maintained ....................................................................................................... 140
Responsibility for treatment of prisoners .................................................................... 88, 91
Detention in combat zone........................................................................................................ 99
Diplomatic personnel of neutral states .................................................................................... 83
Discipline and disciplinary punishment (see also this title-
Punishment)......................................................................................115-118, 165, 166, 172
Power to administer................................................................................................. 115, 172
Right of defense .............................................................................................................. 172
Discriminations ....................................................................................................................... 92
Documents, legal................................................................................................................... 153
Enemy, relations with.....................................................................................................154-157
Escapee (see also this title-Punishment) ........................................................167-170, 538, 543
Exchange ..................................................................................................................... 197, 487
Exposure to combat fire .......................................................................................................... 99
Exterior, relation with ....................................................................................................145-153
Evacuation (see also this title-Transfers) .................................................................. 95, 96, 543
Finances:
Accounts:
Maintained by detaining power....................................................94, 134, 135, 140-144
Rights of prisoner to inspect ..................................................................................... 141
Terminating ............................................................................................................... 142
Adjustments between parties to conflict ......................................................................... 143
Canteen funds.................................................................................................................. 104
Claims for compensation................................................................................................. 144
Money of prisoners of war .................................................................................94, 134-143
Pay advances ................................................................................................... 136, 140, 143
Ready money................................................................................................................... 134
Receipts issued for funds of prisoners....................................................................... 94, 139
Restrictions by Detaining Power..................................................................... 136, 138, 139
Supplementary pay.......................................................................................................... 137
Transfer of funds ............................................................................................................ 139
Wages for labor or working pay............................................................. 130, 133, 138, 140
Food:
Generally ................................................................................................................. 102, 105
Mess Supervision .................................................................................................... 120, 121
Force used against (see this title-Coercion)
Funds of prisoners (see this title-Finances)
General divisions of enemy populations ................................................................................. 60
Geneva Conventions, posting of text .................................................................................... 117
Gifts ......................................................................................................................148-151
Graves ............................................................................................................................. 201
Guerrillas ............................................................................................................................... 80
FM 27-10
Appendix A - 158
Hospitalization (see this title-Medical Examination and care)
Humane treatment ................................................................................................................... 89
Hygiene and health................................................................................................ 106, 108, 184
Identification and identity cards.................................................................. 61, 93, 94, 201, 203
Imprisonment (see this title-Confinement)
Infirmaries ............................................................................................................................. 107
Information Bureaus.......................................................................................................203-205
Information to be given by prisoners ...................................................................................... 93
Injuries ............................................................................................. 107, 130, 131, 193, 202
Insignia of -rank and badges ........................................................................................... 94, 116
Insults and public curiosity, protection ................................................................................... 89
Intellectual pursuits ............................................................................................................... 114
Interim protection if status doubtful........................................................................................ 71
International Committee of Red Cross (See Red Cross)
Internees, to be separated ...................................................................................................... 291
Internment of prisoners:
Generally ....................................................................................................................97-100
In neutral country ............................................................................................................ 190
Interrogation ............................................................................................................................ 93
Judicial proceedings .......................................................................................................175-184
Appellate rights ............................................................................................................... 182
Defense.................................................................................................................... 175, 181
Notification of proceedings to,
Accused ............................................................................................................. 180, 183
Protecting Powers (see this title-Protecting Powers)
Principles in general ........................................................................................................ 175
Sentence, validity and execution..................................................................... 178, 183, 184
Killing prohibited in certain instances .................................................................................... 85
Labor:
Accidents, occupational .......................................................................................... 130, 131
Authorized labor...................................................................................................... 126, 128
Complaints regarding .............................................................................................. 126, 133
Conditions ....................................................................................................................... 127
Dangerous or humiliating labor, generally prohibited .................................................... 128
Detachments of labor, administration ............................................................................. 132
Disease, occupational .............................................................................................. 130, 131
Duration of, hours and days ............................................................................................ 129
Employers, private .......................................................................................................... 133
Generally ......................................................................................................................... 125
Medical examination and care......................................................................................... 131
Officers and non-commissioned officers ........................................................................ 125
Persons subject ........................................................................................................ 125, 157
Physical examination....................................................................................................... 131
Prisoners' representatives ................................................................................................ 157
Rest required ................................................................................................................... 129
Wages ..................................................................................................... 130, 133, 138, 140
FM 27-10
Appendix A - 159
War operations, relations to .................................................................................... 126, 128
Language employed ................................................................................................ 93, 117, 155
Laws and regulations applicable ................................................................................... 117, 158
Ex post facto laws prohibited .......................................................................................... 175
Legal documents ................................................................................................................... 153
Legislation. (see this title-Laws.)
Letters. (see this title-Correspondence.)
Levee en Masse ....................................................................................................................... 65
Maintenance ............................................................................................................ 91, 136, 143
Medical duties ....................................................................................................................... 109
Medical examination and care (,see also this title-Wounded
and sick) .......................................................................................... 107, 108, 131, 191, 192
Medical commissions, mixed........................................................................................ 191, 192
Medical personnel:
Neutral personnel ............................................................................................................ 233
Retained personnel .......................................................................................67, 68, 230-232
Status and duties.................................................................. 67, 68, 107, 109, 131, 230, 233
Voluntary aid society personnel................................................................................ 69, 230
Mess supervision (see also this title-Food) ................................................................... 120, 121
Militia and volunteer corps ......................................................................................... 61, 64, 74
Military attached of neutral state............................................................................................. 83
Ministers of religion. (See Religious Ministers, below.)
Money. (see this title-Finances.)
Movement, liberty of............................................................................................................... 97
Neutral personnel (see also this title-Protecting Powers)................................................ 83, 233
Neutral territory:
Accommodation .......................................................................188-191, 194, 196, 538, 546
Internment ....................................................................................................................... 190
Passage through....................................................................................................... 538, 543
Treatment ........................................................................................................................ 538
Wounded and sick prisoners ................................................................................... 188, 189
Non-commissioned officers, supervisory work only ............................................................ 125
Notification by belligerents:
To each other (see also this title-Information Bureau).................................... 119, 134, 145
To Protecting Power....................................................................................... 145, 157, 170,
..................................................................................... 176, 177, 180, 181, 183, 202
Occupational accidents. (see this title-Labor.)
Occupied areas, certain persons in .......................................................................................... 72
Offenses (see also this title--Punishment; Discipline) ......................................................... 158
Committed prior to capture ............................................................................................. 161
Officers:
Generally ................................................................................................................. 115, 120
Labor ............................................................................................................................. 125
Mess supervision ............................................................................................................. 120
Prisoners' representatives ................................................................................................ 155
Quarters ........................................................................................................................... 173
FM 27-10
Appendix A - 160
Orders and regulations, posting............................................................................................. 117
Parcels by mail may be received ........................................................................................... 148
Parole ......................................................................................................................185-187
Pay (see also this title-Finance).
Advance pay.................................................................................................................... 136
Labor, pay................................................................................................................ 130, 138
Supplementary pay.......................................................................................................... 137
Penal and disciplinary sanctions. (see this title-Punishment.)
Personal property (see also this title-Clothing) ............................................................... 94, 217
Physical exercise. (see this title-Recreation.)
Posting of Geneva Conventions, regulations, etc.................................................................. 117
Prisoners' representatives. (see this title-Representatives of prisoners.)
Protecting Powers:
Complaints .............................................................................................................. 154, 157
Correspondence....................................................................................................... 147, 151
Notification as to-
Death penalty..................................................................................................... 176, 177
Judicial proceedings .......................................................................................... 180, 181
Killed or injured prisoners......................................................................................... 202
Labor ......................................................................................................................... 132
Measures taken concerning prisoners ....................................................................... 145
Recapture................................................................................................................... 170
Supervision of camps ...................................................................................................... 207
Visitation of camps.......................................................................................................... 207
Protection:
Commencement and termination ...................................................................................... 84
Generally ......................................................................................................................84-92
Hazards of war .................................................................................................................. 99
Interim ............................................................................................................................... 71
Punishment .....................................................................................................................158-184
Acts committed prior to capture...................................................................................... 161
Appeal, right.................................................................................................................... 182
Coercion .......................................................................................................................... 175
Collective punishment forbidden .................................................................................... 163
Confinement .................................................................................................................... 173
Courts ..................................................................................................................... 160, 178
Death penalty................................................................................................... 176, 177, 183
Defense, right .......................................................................................................... 172, 181
Disciplinary punishment (see also this title-
Discipline) ..................................................................................115-118, 165, 166, 172
Duration........................................................................................................................... 166
Escape ......................................................................................................167-170, 538, 543
Ex post facto laws prohibited .......................................................................................... 175
Execution of penalties ............................................................................................. 164, 173
Forms ............................................................................................................................. 165
General principles ............................................................................................163-165, 175
FM 27-10
Appendix A - 161
Leniency .......................................................................................................................... 159
Notice:
Proceeding for ........................................................................................................... 180
Results ....................................................................................................................... 183
Place ............................................................................................................................. 173
Repatriation or accommodation in neutral country......................................................... 194
Repetitive punishment prohibited ................................................................................... 162
Rights during ........................................................................................................... 174, 184
Safeguards ....................................................................................................................... 174
Sentence, validity ..................................................................................................................
Quarters ..................................................................................................................... 101, 105
Questioning ............................................................................................................................. 93
Rank:
Notification to parties to conflict .................................................................................... 119
Recognition ..............................................................................................115, 119-121, 174
Rations (see this title-Food.)
Recapture ..............................................................................................................167-170, 185
Recreation ............................................................................................................................. 114
Release ......................................................................................................................185-200
Relief, shipments............................................................................................................148-151
Exemption from postal and transportation charges......................................................... 150
Transportation, special .................................................................................................... 151
Relief societies (See Aid Societies; Red Cross.)
Religious freedoms.........................................................................................................110-113
Religious ministers...................................................................................................67, 111-113
Renunciation of rights prohibited............................................................................................ 87
Repatriation (see also Exchange of prisoners; Release of
prisoners):
Activity of repatriated prisoners...................................................................................... 196
Armistice to include provisions....................................................................................... 487
Asylums permitted .......................................................................................................... 199
Costs ..................................................................................................................... 195, 198
Exchanges........................................................................................................................ 197
Hostilities, end............................................................................................................................. 198
Injured prisoners.............................................................................................................. 193
Mixed medical commissions, examinations.................................................................... 192
Prisoners serving sentences............................................................................................. 194
Procedures ....................................................................................................................... 200
Wound and sick................................................................................................. 66, 188, 189
Reports ............................................................................................................................ 154
Representatives of prisoners.....................................................................................154-157
Duties ........................................................................................................................ 155
Prerogatives............................................................................................................... 157
Reprisals prohibited........................................................................................................... 89
Retained personnel ...................................................................................... 67, 68, 230, 232
FM 27-10
Appendix A - 162
Rights protected (see this title--Treatment)
Screening camps.............................................................................................................. 100
Security measures.............................................................................................................. 99
Segregation........................................................................................................................ 92
Sick and wounded (see this title-Wounded and sick)
Special agreements concerning ......................................................................................... 86
Spies. (See Espionage, Sabotage, and Treason.)
Summary execution forbidden .......................................................................................... 99
Supervision by protecting powers (see this title-
Protecting powers).
Transactions with enemy prohibited ................................................................................. 94
Transfers...................................................................................................................122-124
Circumstances precluding ......................................................................................... 123
Conditions ................................................................................................................. 122
Procedure................................................................................................................... 124
Transit camps ...................................................................................................................... 100
Treatment:
General rights ........................................................................................................84-92
Non-renunciation................................................................................................. 87
Equality of treatment.................................................................................................. 92
Officers..................................................................................................................... 120
Non-officers ............................................................................................................. 121
Responsibility............................................................................................................. 88
Trial: (see this title--Judicial proceedings; Punishment.)
Uniform, necessity for recognition as belligerent ................................................................... 74
Violence and intimidation prohibited...................................................................................... 89
Visitation and Supervision of camps by protecting powers
(see this title--Protecting Powers.)
Voluntary aid societies for (See Aid Societies.)
Volunteer corps ........................................................................................................... 61, 64, 74
Weapons to be used against prisoners of war ....................................................................... 118
Wills ..................................................................................................................... 153, 201
Women as prisoners of war, special mention:
Protection generally..................................................................................... 90, 92, 125, 184
Punishments ..................................................................................................... 164, 173 184
Quarters ................................................................................................... 101, 106, 173, 184
Work (See Labor.)
Wounded and sick:
Evacuation......................................................................................................................... 95
Medical examination ....................................................................... 107, 108, 131, 191, 192
Neutral countries, accommodation.................................................................................. 188
Protection ................................................................................................................ 211, 217
Repatriation ................................................................................................... 188, 189, 193, 195
Sentenced prisoners......................................................................................................... 194
Special agreement with respect to............................................................................. 86, 212
Status as prisoners ............................................................................................................. 66
FM 27-10
Appendix A - 163
Transfers.......................................................................................................................... 123
Prisoner of War Information Bureau........................................................................................... 203
Prohibited Acts (see also Weapons)
Assassination and outlawry..................................................................................................... 31
Bombardment of undefended places ................................................................................. 39, 40
Civilians, certain acts towards........................................................................................271-273
Commencing hostilities without declaration of war ............................................................... 20
Compelling enemy to participate in hostilities against own
Country.............................................................................................................................. 32
Confiscation of enemy property (see Property)
Destruction of:
Historical and educational institution................................................................................ 57
Property ............................................................................................................................. 58
Submarine cables (see this title--Submarine cables ........................................................ 411
Devastation (see also this title--Destruction) .................................................................... 41, 56
Flags and insignia, improper use of (see also Red
Cross) ..........................................................................................................................52-55
Geneva Convention emblem, improper use ............................................................................ 55
Germ Warfare.................................................................................................................... 37, 38
Guides, impressment ............................................................................................................. 270
Hostages, taking .................................................................................................................... 273
Injury of enemy after surrender or by prohibited means................................................... 29, 33
Ill-treatment of peaceful populations ...................................................................................... 11
Paratrooper, firing on .............................................................................................................. 30
Perfidy (see this title--Treachery)
Pillage of civilians prohibited ............................................................................................... 272
Poison (see Weapons.)
Prisoner of war:
Discriminating treatment................................................................................................... 92
Inhuman treatment............................................................................................................. 89
Killing or wounding .......................................................................................................... 85
Status, non-renunciation.................................................................................................... 87
Punishment, collective punishment forbidden ...................................................... 163, 272, 448
Quarters, refusal ...................................................................................................................... 28
Red Cross emblems, improper use (see Red Cross)
Reprisal ............................................................................................................................. 214
Revengeful acts ..................................................................................................................... 497
Safeguard violations.............................................................................................................. 457
Submarine cables, destruction of .......................................................................................... 411
Surrender personnel, killing or wounding............................................................................... 29
Torture and other inhuman treatment...................................................................................... 85
Treachery or perfidy................................................................................................................ 50
War crimes, acts included (see War crimes.)
Weapons, certain weapons prohibited (see Weapons.)
Wounded and sick, ill treatment.................................................................................... 216, 502
Property:
FM 27-10
Appendix A - 164
Bombardment (see Bombardment.)
Booty or war............................................................................................................................ 59
Captured ............................................................................................................... 59, 395. 396
Charitable ........................................................................................................... 48, 46, 57, 405
Combat, treatment during...................................................................................................56-59
Confiscation or seizure (see also this title-Requisition;
Pillage) .............................................................................. 58, 393, 395, 396, 406, 409, 410
Control by occupying power ................................................................................................. 399
Cultural ........................................................................................................... 45, 46, 57, 405
Destruction or Devastation......................................................................... 56, 58, 393, 410,476
Expropriation......................................................................................................................... 431
Internees, property................................................................................................................. 321
Military ...................................................................................................................... 401,404
Municipal ............................................................................................................................. 405
Pillage, prohibited ................................................................................................... 47, 272, 397
Prisoner of war, property................................................................................................... 59, 94
Private gain by soldiers ......................................................................................................... 398
Private property:
Confiscation prohibited ................................................................................................... 406
Destruction .............................................................................................................. 393, 410
Distinguished from public............................................................................................... 394
Immovable requisition or seizure.................................................................................... 407
Military use ............................................................................................................. 408, 410
Movable....................................................................................................................408-410
Prohibited acts with regard to (see also Prohibited acts) ................................................ 406
Realty ............................................................................................................................. 407
Seizure......................................................................................................................408-410
Public property:
Administration by Occupying Power.............................................................................. 400
Disposition by Occupying Power.................................................................................... 402
Distinguished from private property ............................................................................... 394
Military use ............................................................................................................. 401, 404
Movable................................................................................................................... 403, 404
Preservation..................................................................................................................... 400
State property .................................................................................................................400-404
Railway equipment (See Railway equipment.)
Religious, charitable, cultural, etc....................................................................... 45, 46, 57, 405
Requisitions............................................................................................................407, 412-417
Security measures.................................................................................................................. 399
Seizure (see this title-Confiscation.)
State property (see this title-Public property.)
Submarine cables................................................................................................................... 411
Surrender, disposition of property................................................................................. 475, 476
Undefended buildings, bombardment ..................................................................................... 39
Protected persons: (See also Aliens; Civilians; Internees)...................................................246-350
Coercion prohibited............................................................................................................... 270
FM 27-10
Appendix A - 165
Collective penalties prohibited.............................................................................................. 272
Definition ............................................................................................................................. 247
Derogations permitted ........................................................................................................... 248
Neutrals ............................................................................................................................. 247
Reestablishment .................................................................................................................... 249
Rights, non-renunciation ....................................................................................................... 251
Special agreements................................................................................................................ 250
Treatment, responsibilities .................................................................................................... 268
Protecting Powers, application to and visits by..................................................... 269, 350, 446
Protecting Powers.....................................................................................................................15-19
Arbitration and conciliation procedures.................................................................................. 19
Complaints from:
Internees .......................................................................................................................... 308
Prisoners of war....................................................................................................... 154, 157
Defined ..........................................................................................................................15-19
Failure to function, remedies................................................................................................... 18
Functions ..........................................................................................................................15-19
Generally ............................................................................................................................... 16
International Red Cross Committees, no obstacle to functioning........................................... 17
Notification with respect to:
Internees .......................................................................................................... 312, 336, 338
Prisoners of war........................................................................145, 157, 176-177, 180, 181
Protected persons............................................................................. 183, 202, 382, 441, 445
Substitutes for.......................................................................................................................... 18
Supervision of prisoners of war ............................................................................................ 207
Trials, representatives at................................................................................................ 181, 444
Visitations by................................................................................................................. 207, 446
Provost courts, jurisdiction............................................................................................................ 13
Punishment of:
Inhabitants of occupied territory. (See Occupied territory.)
Prisoners of war. (See Prisoners of war.)
Spies. (See under Espionage, Sabotage, and Treason.)
War criminals. (See War crimes.)
Purpose of manual........................................................................................................................... 1
Quarters. (See also Internees; Prisoners of war.)
Refusal ............................................................................................................................... 28
Radios:
In neutral territory ..........................................................................................................528-531
In occupied territory.............................................................................................................. 377
Railway equipment:
Neutrality rules...................................................................................................................... 552
Rank (See Prisoners of war see also Officers)
Recapture (See Prisoners of war.)
Recruitment:
Neutral territory..................................................................................................................... 522
FM 27-10
Appendix A - 166
Red Crescent (see also Red Cross--emblem) ...................................................................... 238, 264
Red Cross (see also Aid Societies; Medical personnel; Medical units.)
American National Red Cross............................................................................................... 228
Emblem ......................................................................................................................238-245
Auxiliary personnel, use.................................................................................................. 241
Form ............................................................................................................................. 238
Hospitals and other medical unite and establishments;
marking...................................................................................................... 242, 257, 266
Improper use, prohibited ................................................................................... 55, 244, 245
Medical personnel, use............................................................................................ 240, 259
Peacetime use .......................................................................................................... 244, 245
Religious personnel, use.................................................................................................. 240
Transports, land, sea, and air................................................................................... 260, 261
United States reservations to 1949 Geneva Convention ................................................. 245
Family news, facilitation ................................................................................................. 264
International Committee of Red Cross activities .........................................17-19, 148, 149
Hospital Zones, good offices for Establishment ....................................... 204, 224, 253
Prisoners' representatives, right to consult with................................................ 155, 157
Purpose .............................................................................................................. 204, 347
Relief Shipments of Central Agency (see Relief shipments.)........................... 204, 347
Special status to be given recognition ............................................................... 206, 349
Substitute for Protecting Power (see also Protecting
Powers).................................................................................................................. 18
Visits, with respect to:
Prisoners of war........................................................................................... 206, 207
Protected persons......................................................................................... 350, 446
National Red Cross societies, status of personnel................................................................... 69
Prisoners of war status of medical personnel .......................................................................... 69
Protected Persons, right to complain..................................................................................... 269
Relief activities...................................................... 148, 149, 151, 315, 311, 318, 388, 390, 392
Red Lion and Sun (see also Red Cross--emblem)............................................................... 238, 264
Red Shield of David (see also Red Cross---emblem) ......................................................... 238, 264
Refugees ............................................................................................................................. 283
Relief shipments (see also Civilians; Internees) ...........................................................148-151-315
Relief Societies (See Aid Societies; Red Cross.)
Religion:
Religious activities and freedoms (see under Aliens; Civilians; Internees;
Prisoners of war; and Occupied territory.)
Religious buildings, protection ...................................................................................45-47,405
Religious personnel (see also Chaplains.)
Capture, retention or return by an enemy.........................................................111, 230-232
Emblem of protection...................................................................................................... 240
Security measures with respect to ................................................................................... 231
Remedies Available for Violation of International Law......................................................495-511
Repatriation (See Occupied territory; Prisoners of war, Wounded and sick.)
Representatives of:
FM 27-10
Appendix A - 167
Belligerents (See Parlementaires.)
Internees (See Internees.)
Neutral states (See Neutral Powers-diplomatic agents.)
Prisoners of war (See Prisoner of war.)
Reprisals ..................................................................................................................... 495, 497
Requisitions (See occupied territory.)
Coercion, use of..................................................................................................................... 417
Compensation........................................................................................................................ 416
Enforcement .......................................................................................................................... 417
Food and medical supplies .............................................................................................413-416
Hospitals ......................................................................................................................414-416
Labor and other services ................................................................................................418-424
Method of requisitioning............................................................................................... 412, 415
Property ............................................................................................................................. 412
Reservations to 1949 Geneva Convention .................................................................................. 245
Retained Personnel, medical and spiritual religious Personnel................................67, 68, 230-232
Retaliation (See Reprisals.)
Revengeful acts prohibited.......................................................................................................... 497
Rewards for captured or killed enemy .......................................................................................... 31
Rockets, use ............................................................................................................................... 34
Rules of War (See Laws of War.)
Ruses of war ..........................................................................................................................50-55
Sabotage (see under Espionage, Sabotage, and Treason)
Safe-conducts (see also Passports, military) ........................................................................454-456
Distinguished from passports .........................................................................................455-456
Safety Zones (see also Hospital zones; Neutralized zones) ........................................................ 253
Safeguards ..................................................................................................................... 454, 457
Sanitation:
Internees ............................................................................................................................. 292
Prisoner of war camps ........................................................................................................... 106
Science, buildings devoted to, protection................................................................................ 45, 46
Security measures (See Aliens; Civilians; Occupied territory;
Prisoners of war; Property; Religion--religious personnel.)
Segregation (See Prisoners of war, see also Women)
Shipments to prisoners of war..................................................................................................... 148
Relief shipments (see under Relief shipments)
Shipwrecked belligerents, detention by neutrals......................................................................... 547
Sick and wounded (See Wounded and sick.)
Sieges (See Besieged places.)
Signs, to distinguish protected buildings, etc.......................................................................... 45, 46
Sources of law ................................................................................................................................. 4
Special agreements with respect to:
Civilians, protection .............................................................................................................. 250
Hospital and safety zones.............................................................................................. 224, 253
Neutralized zones .................................................................................................................. 254
FM 27-10
Appendix A - 168
Prisoners of war....................................................................................................................... 86
Wounded and sick ................................................................................................................. 212
Spies (See Espionage, Sabotage, and Treason.)
Stratagems-(see also Prohibited Acts)......................................................................................48-55
Subjugation, distinguished from occupation
(see also Puppet governments).............................................................................................. 353
Submarine cables......................................................................................................................... 411
Subordinates, responsibility for acts ........................................................................................... 501
Summary executions (See Prisoners of war.)
Superior orders, no deference to war crimes............................................................................... 509
Supplies, requisition (See Requisitions, above.)
Surrender (see also Capitulation; White flag) ..................................................................... 470, 478
Surrendered places ........................................................................................................................ 41
Suspension of arms (see also Armistice)..................................................................................... 485
Taxes (see Occupied territory-taxes.)
Telegraph and telephone:
In neutral territory ..........................................................................................................528-531
Torture, forbidden (See Civilians; Prisoners of war.)
Transfers (See Internees; Prisoners of war and occupied territory.)
Transit Prisoner of War Camps (See Prisoners of war.) Transportation:
Wounded and sick ..........................................................................................................260-261
Travel, occupied territory.....................................................................................................454-456
Treachery, forbidden ............................................................................................................. 50, 493
Treason (See Espionage, Sabotage, and Treason)
Treaties, generally (see also Geneva Conventions, Hague Conventions)............................... 4, 5, 7
Trials (See Prisoners of war; Occupied territory; War crimes.)
Truce (See Armistice.)
Undefended places, attacks or bombardment.............................................................. 39, 40, 45, 46
Uniform, necessity for status as belligerent .................................................................................. 74
Uniform of enemy:
Improper use............................................................................................................................ 52
Proper use ............................................................................................................................... 54
United Nations............................................................................................................................. 513
United States Reservations to 1949 Geneva Conventions .......................................................... 245
Universal Postal Conventions ..................................................................................................... 150
Unwritten rules of land warfare .........................................................................................4, 6-9, 11
Violations of the laws of war (see also War crimes.)...........................................................495-497
Volunteer aid societies (See Aid Societies; see also Red Cross)
Volunteer corps of belligerents ......................................................................................... 61, 64, 74
Volunteers to care for wounded and sick .................................................................................... 219
War:
Declaration ........................................................................................................ 9, 20, 21, 23, 24
Definition ................................................................................................................................. 8
Laws of (See Laws of war.)
FM 27-10
Appendix A - 169
War crimes ..............................................................................................................495, 498-511
Acts which constitute .................................................................................... 494, 499, 502, 504
Armistice, violation............................................................................................................... 494
Attempts ............................................................................................................................. 500
Collective punishment (see this title---Punishment.)
Complicity............................................................................................................................. 500
Conspiracy............................................................................................................................. 500
Death penalty (see this title--Punishment.)
Defenses ......................................................................................................................509-511
Definition (see also this title-Acts which constitute.) ..................................................... 499
Execution, Without trial, forbidden....................................................................................... 504
Geneva conventions, grave breaches .................................................................... 502, 503, 506
Government officials..................................................................................................... 501, 510
Hostages, taking of................................................................................................................ 502
Incitement ............................................................................................................................. 500
Individual responsibility........................................................................................................ 498
International law, violations.................................................................................................. 498
Jurisdiction .............................................................................................................. 13, 505, 507
Laws applicable............................................................................................................. 505, 507
Mitigation because of superior orders................................................................................... 509
National law no defense ........................................................................................................ 511
Officials of the government........................................................................................... 501, 510
Orders of superiors ................................................................................................................ 509
Prisoners of war, liability .............................................................................................. 161, 163
Punishment:
Amount............................................................................................................................ 508
Collective punishment prohibited ................................................................................... 508
Corporal punishment prohibited...................................................................................... 508
Death penalty................................................................................................................... 508
Responsibilities ............................................................................................................... 506
Remedial action other than punishment ................................................................................ 495
Subordinates, responsibility for acts ..................................................................................... 501
Superior officers, responsibility for acts of subordinates...................................................... 501
Superior orders ...................................................................................................................... 509
Suppression ........................................................................................................................... 506
Trials ............................................................................................................. 163, 505, 507
War. Criminals (See War crimes.)
Warfare (See Hostilities; Bacteriological warfare.)
War treason (See Espionage, sabotage, and treason).
Weapons:
Atomic ............................................................................................................................... 35
Bullets, certain types prohibited.............................................................................................. 34
Causing unnecessary injury, forbidden ................................................................................... 34
Gases, chemicals and bacteriological warfare......................................................................... 38
Grenades, use authorized......................................................................................................... 34
Medical units and personnel, authority to use....................................................................... 223
FM 27-10
Appendix A - 170
Poisons ............................................................................................................................... 37
Prisoners of war, use against ................................................................................................. 118
Rockets ............................................................................................................................... 34
Suspension of arms................................................................................................................ 485
Use of fire ............................................................................................................................... 36
White Flag, use of ......................................................................................... 53, 458, 460, 467, 504
Wills:
Internees ..................................................................................................................... 320, 336
Prisoners of war..................................................................................................................... 201
Women (see under Aliens; Internees; Prisoners of war and occupied territory).
Workers (See Internees-labor; Occupied territory; labor;
Prisoners of war-labor).
Wounded and sick (see also Prisoners of war;
Red Cross) ......................................................................................................................208-245
Abandoned, medical personnel to be left with...................................................................... 215
American National Red Cross (see under Red Cross.)
Arm and ammunition ............................................................................................................ 223
Bombardments and sieges, spared in .......................................................45, 209, 220, 222-224
Captured, status as prisoners of war...................................................................................... 208
Care and treatment ................................................................................................ 215, 216, 219
Casualties, search and removal ............................................................................................. 216
Civilians (See Civilians-wounded and sick.)
Coastal rescue craft ............................................................................................................... 209
Convoys ......................................................................................................................539-544
Death ......................................................................................................236-237, 260, 261
Defense (see this title--Protection)................................................................................ 217, 218
Detention in neutral territory....................................................................................542-544
Emblems, use ...........................................................................................................238-245
Evacuation....................................................................................................................... 256
Examination by medical commissions.................................................................... 191, 192
Exchange of wounded and sick....................................................................................... 216
Geneva Conventions, execution of.................................................................................. 214
Graves Registration Service ............................................................................................ 218
Hospitals (See Medical units.)
Hospital ships .................................................................................................................. 209
Hospital zones ................................................................................................................. 224
Humane treatment ................................................................................................... 215, 216
Identification ................................................................................................................... 217
Ill-treatment..................................................................................................................... 216
Information to be exchanged........................................................................................... 217
Inhabitants may be asked to care for............................................................................... 219
Internment in neutral state............................................................................................... 542
Medical personnel (See Medical personnel.)
Medical units (See Medical units.)
Money and personal effects............................................................................................. 217
Neutral ports of entry:
FM 27-10
Appendix A - 171
Accommodation ........................................................................................ 188, 189, 546
Detention ............................................................................................................542-544
Entrance into, rules governing .................................................................. 539, 541, 544
Internment ................................................................................................................. 542
Neutral state............................................................................................................... 544
Passage through..................................................................................................539-542
Neutral Powers, duties toward (see also this title Neutral
territory.) ........................................................................................................... 210, 541
Neutral ships, transportation on ................................................................................ 544
Personal effects ......................................................................................................... 217
Prisoners of War (See Prisoners of war-wounded and sick.)
Protected persons....................................................................................................... 208
Protection .......................................................................................................... 211, 215
Records regarding Red Cross (See Red Cross.)........................................................ 217
Repatriation ....................................................................................... 188, 189, 193, 195
Reprisals prohibited................................................................................................... 213
Rescue craft ............................................................................................................... 209
Rights, non-renunciation ........................................................................................... 213
Robbery and ill-treatment, Protection from ...................................................... 215, 216
Shipwrecked or at sea................................................................................................ 209
Special agreements with respect to ........................................................................... 212
Transfers.................................................................................................................... 123
Transportation, vehicles used.............................................................................236-237
Voluntary care may be requested .............................................................................. 219
Weapons taken from.................................................................................................. 223
FM 27-10
Appendix A - 172

FM 27-10, 15 July 1976 Changes of 1956

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FM 27-10

DEPARTMENT OF THE ARMY FIELD MANUAL

DEPARTMENT OF THE ARMY JULY 1956

THE LAW OF LAND WARFARE

FM 27-10, 18 July 1956, is changed as follows:

Page 5. Paragraph 5 a (13) is added:

Page 18. Paragraph 37 b is superseded as follows:

Page 18. Paragraph 38 is superseded as follows:

38. Chemical and Bacteriological Warfare

Page 19. Paragraphs 39, 40, and 41 are superseded as follows:

40. Permissible Objects of Attack or Bombardment

41. Unnecessary Killing and Devastation

PAUL T. SMITH Major General, United States Army

GWS Geneva Convention for the Amelioration of the Condition of

FIELD MANUAL DEPARTMENT OF THE ARMY

THE LAW OF LAND WARFARE

CHAPTER 3. PRISONERS OF WAR

CHAPTER 4. THE WOUNDED AND SICK

CHAPTER 7. NONHOSTILE RELATIONS OF BELLIGERENTS

CHAPTER 8. REMEDIES FOR VIOLATION OF INTERNATIONAL LAW;

12. Military Government and Martial 13. Military Jurisdiction

19. Conciliation Procedure

Section III. FORBIDDEN MEANS

45. Buildings and Areas To Be 47. Pillage Forbidden

57. Protection of Artistic and

58. Destruction and Seizure of

59. Booty of War

70. Enumeration Not Exhaustive 72. Certain Persons in Occupied

113. Prisoners Without a Minister of

153. Preparation, Execution, and 155. Election of Prisoners

Section XVII. TERMINATION OF 187. Parole of United States

239. Use of the Emblem 241. Identification of Auxiliary

285. Cancellation of Restrictive 289. Grouping of Internees

307. General Discipline 309. Election of Internee Committees

Section II. ADMINISTRATION OF 366. Local Governments Under

377. Censorship 382. Deportations, Transfers,

394. Determination Whether Property 395. Seized Property

447. Close of Occupation

448. Penalty for Individual Acts of

NONHOSTILE RELATIONS Section II. MILITARY

Section I. GENERAL 454. General

470. Capitulation Defined 474. Form of Capitulations

472. Powers of Commanders 475. Subjects Usually Regulated

494. Violations of Armistice by

Section IV. DEFENSES NOT

509. Defense of Superior Orders

529. Means of Communication

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