Geneva Convention on Prisoners of War

The Geneva Convention (1929) was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War, Geneva July 27, 1929. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949.

On their web site, the International Committee of the Red Cross states that:

Provisions concerning the treatment of prisoners of war are contained in the Hague Regulations of 1899 and 1907. In the course of World War I they revealed several deficiencies as well as a lack of precision. Such defects were partly overcome by special agreements made between belligerents in Berne in 1917 and 1918. In 1921, the International Red Cross Conference held at Geneva expressed the wish that a special convention on the treatment of prisoners of war be adopted. The International Committee of the Red Cross drew up a draft convention which was submitted to the Diplomatic Conference convened at Geneva in 1929. The Convention does not replace but only completes the provisions of the Hague regulations. The most important innovations consisted in the prohibition of reprisals and collective penalties, the organization of prisoners' work, the designation, by the prisoners, of representatives and the control exercised by protecting Powers.

General provisions

Article 1 makes explicit reference to Articles 1, 2, and 3 of Hague Convention respecting the laws and customs of war on land (Hague IV), of October 18, 1907, to define who are lawful combatants and so qualify as prisoners of war (POW) on capture. In addition to combatants covered by Hague IV, some civilians are also covered in the section of this Convention called the "Application of the Convention to certain classes of civilians".

Articles 2, 3, and 4 specifies that POWs are prisoners of the Power which holds them and not prisoners of the unit which takes their surrender; that POWs have the right to honor and respect, and that women shall be treated with all the regard due to their sex, and that prisoners of a similar category must be treated in the same way.

Capture

Articles 5 and 6 covers what may and may not be done to a prisoner on capture. If requested, unless too ill to comply, prisoners are bound to give their true name and rank, but they may not be coerced into giving any more information. Prisoners' personal possessions, other than arms and horses, may not be taken from them.

The wording of the 1949 Third Geneva Convention was intentionally altered from that of the 1929 convention so that soldiers who "fall into the power" following surrender or mass capitulation of an enemy are now protected as well as those taken prisoner in the course of fighting. (see Disarmed Enemy Forces)

Captivity

Evacuation of prisoners of war

Articles 7 and 8 states that prisoners should be evacuated from the combat zone within the shortest possible period, and that Belligerents are bound mutually to notify each other of their capture of prisoners within the shortest period possible.

Prisoner of war camps

Articles 9 and 10 covers the type of camp in which POWs can be detained. They must be constructed in such a way so that the conditions are similar to those used by the belligerent's own soldiers in base camps. The camps must be located in healthy locations and away from the combat zone. Also, "Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races or nationalities." Prisoners may not be used as human shields by being sent to an area where they would be exposed to the fire of the fighting zone or be employed to render by their presence certain points or areas immune from bombardment.

Articles 11, 12, and 13 states, "Food must be of a similar quality and quantity to that of the Belligerent's own soldiers, and POWs cannot be denied food as a punishment; A canteen selling local produce and products should be provided. Adequate clothing should be provided; and that sanitary service in camps should be more than sufficient to prevent epidemics."

Articles 14 and 15 covers the provision of medical facilities in each camp.

Articles 16 and 17 covers the provision of religious needs, intellectual diversions and sport facilities.

Articles 18 and 19 covers the internal discipline of a camp which is under the command of a responsible officer.

Articles 20, 21, 22, and 23 states that officers and persons of equivalent status who are prisoners of war shall be treated with the regard due their rank and age and provide more details on what that treatment should be.

Article 24 covers the rate of pay of prisoners of war.

Articles 25 and 26 covers the responsibilities of the detaining authority when transferring prisoners from one location to another. Prisoners must be healthy enough to travel, they must be informed to where they are being transferred; and their personal possessions, including bank accounts, should remain accessible.

Labour of prisoners of war

Articles 27 to 34 covers labour by prisoners of war. Work must fit the rank and health of the prisoners. The work must not be war-related and must be safe work. Remuneration will be agreed between the Belligerents and will belong to the prisoner who carries out the work.

Prisoners' relations with the authorities

Articles 42 to 67 covers the prisoners' relations with the authorities. Most of these provisions are covered by the provision that prisoners are under the detaining power's own code of military regulations, with some additional provisions which cover specific prisoner of war issues and some other provisions to protect prisoners of war if the military regulations of the detaining power do not meet a minimum standard. Two specific regulations which differentiate prisoners of war from the detainees' own military regulations, is that no prisoner of war may be deprived of his rank by the detaining Power, and escaped prisoners of war who are retaken before being able to rejoin their own army or to leave the territory occupied by the army which captured them shall be liable only to disciplinary punishment.

Termination of captivity

Articles 68 to 74 states that seriously sick and seriously injured prisoners of war must be repatriated as soon as their condition allows and no repatriated person may be utilized in active military service.

Article 75 covers release at the end of hostilities. The release of prisoners should form part of the armistice. If this is not possible then repatriation of prisoners shall be effected with the least possible delay after the conclusion of peace. This particular provision was to cause problems after World War II because as the surrender of the Axis powers was unconditional (unconditional surrender) there was no armistice, and in the case of Germany a full peace treaty was not signed until the signing of the Treaty on the Final Settlement with Respect to Germany in 1990.

Article 76 covers prisoners of war dying in captivity: they should be honorably buried and their graves marked and maintained properly. Wills and death certificate provisions should be the same as those for the detaining power's own soldiers.

Bureau of relief and information concerning prisoners of war

Articles 77 to 80 covers how and how frequently the Powers should exchange information about prisoners and the details of how relief societies for prisoners of war should be involved in their relief.

Application of the Convention to certain classes of civilians

Article 81 states that individuals who follow the armed forces without directly belonging thereto, who fall into the enemy's hands and whom the latter think expedient to detain, shall be entitled to be treated as prisoners of war. This provision covered military support contractors, civilian war correspondents, sutlers, etc.

Execution of the convention

Articles 82 to 97 covers the implementation of this convention. Articles 82 and 83 contained two important clauses. "In case, in time of war, one of the belligerents is not a party to the Convention, its provisions shall nevertheless remain in force as between the belligerents who are parties thereto", and that the provisions of this convention continue to cover prisoners of war after hostilities up to their repatriation unless the belligerents agree otherwise or a more favorable regime replaces it.

Annex to the Convention of May 27, 1929 relative to the treatment of prisoners of war

The annex added detail to the provisions covering repatriation and hospitalization. Art. 27. Belligerents may employ as workmen prisoners of war who are physically fit, other than officers and persons of equivalent statue, according to their rink and their ability. Nevertheless, if officers or persons of equivalent status ask for suitable work, this shall be found for them as far as possible. Non-commissioned officers who are prisoners of war may be compelled to undertake only supervisory work, unless they expressly request remunerative occupation. During the whole period of captivity, belligerents are required to admit prisoners of war who are victims of accidents at work to the benefit of provisions applicable to workmen of the same category under the legislation of the detaining Power. As regards prisoners of war to whom these legal provisions could not be applied by reason of the legislation of that Power, the latter undertakes to recommend to its legislative body all proper measures for the equitable compensation of the victims. CHAPTER 2 Organization of work Art. 28. The detaining Power shall assume entire responsibility for the maintenance, care, treatment and the payment of the wages of prisoners of war working for private individuals. Art. 29. No prisoner of war may be employed on work for which he is physically unsuited. Art. 30. The duration of the daily work of prisoners of war, including the time of the journey to and from work, shall not be excessive and shall in no case exceed that permitted for civil workers of the locality employed on the same work. Each prisoner shall be allowed a rest of twenty-four consecutive hours each week, preferably on Sunday. CHAPTER 3 Prohibited work Art. 31. Work done by prisoners of war shall have no direct connection with the operations of the war. In particular, it is forbidden to employ prisoners in the manufacture or transport of arms or munitions of any kind, or on the transport of material destined for combatant units. In the event of violation of the provisions of the preceding paragraph, prisoners are at liberty, after performing or commencing to perform the order, to have their complaints presented through the intermediary of the prisoners' representatives whose functions are described in Articles 43 an 44, or, in the absence of a prisoners' representative, through the intermediary of the representatives of the protecting Power. Art. 32. It is forbidden to employ prisoners of war on unhealthy or dangerous work. Conditions of work shall not be rendered more arduous by disciplinary measures. CHAPTER 4 Labour detachments Art. 33. Conditions governing labour detachments shall be similar to those of prisoners-of-war camps, particularly as concerns hygienic conditions, food, care in case of accidents or sickness, correspondence, and the reception of parcels. Every labour detachment shall be attached to a prisoners' camp. The commander of this camp shall be responsible for the observance in the labour detachment of the provisions of the present Convention. CHAPTER 5 Pay Art. 34. Prisoners of war shall not receive pay for work in connection with the administration, internal arrangement and maintenance of camps. Prisoners employed on other work shall be entitled to a rate of pay, to be fixed by agreements between the belligerents. These agreements shall also specify the portion which may be retained by the camp administration, the amount which shall belong to the prisoner of war and the manner in which this amount shall be placed at his disposal during the period of his captivity. Pending the conclusion of the said agreements, remuneration of the work of prisoners shall be fixed according to the following standards: (a) Work done for the State shall be paid for according to the rates in force for soldiers of the national forces doing the same work, or, if no such rates exist, according to a tariff corresponding to the work executed. (b) When the work is done for other public administrations or for private individuals, the conditions shall be settled in agreement with the military authorities.

See also

• Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field (1929)

Further reading

• List of 53 countries that ratified the Convention. Countries that ratified the Convention are called State Parties. Not all countries that later were involved in World War II signed, e.g., the USSR. Japan did sign the Convention, but did not ratify it. They were a "state signatory." The list of 9 countries that were only state signatories.
• Copy of the convention held by the ICRC: Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929.
• Copy of the convention as ratified by the United States Convention Between the United States of America and Other Powers, Relating to Prisoners of War; July 27, 1929. Held in the Avalon Project at the Yale Law School