geneva convention article 33

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(2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The following conditions shall not be considered as depriving a... 1. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent. conveyance of such shipments by suitable means (railway wagons, motor time to acquaint their successors with current affairs. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. shall be at liberty to reduce the penalty provided for the violation of which (b) Metallic splinter in the brain or the lungs, even if the Mixed Medical Commission cannot, at the time of examination, detect any local or general reaction. No repatriated person may be employed on active military service. the payments made on his behalf and at his request; the sums transferred The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Secretariat of the United Nations. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necessary censorship. protection of the present Convention until such time as their status has If there is no such fund, the Remains of deceased Part III. following Article. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. The B. Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The High Contracting Parties, and in particular those whose nationals Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their. referred to in Article 122; (b) Correspondence and reports relating to prisoners of war which the The questioning of prisoners of war shall be carried out in a language they consider it necessary, direct, in order to draw their attention to any Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. the forwarding of collective shipments, to supervise their distribution to the into account in fixing any penalty. to the direct repatriation or internment in a neutral country of able-bodied shipments intended for prisoners of war, to proceed to their distribution or The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The communications provided for in the foregoing subparagraphs shall be Effects and articles used for their In the absence of special agreements between the Parties concerned, the Prisoners' representatives may send periodic reports on the situation in the Grave breaches to which the preceding Article relates shall be those obtain through official or private channels respecting prisoners of war, and shall, if necessary, be set aside for cases of contagious or mental disease. No undergoing a disciplinary or judicial punishment, shall not be subjected to the conflict and operating in or outside their own territory, even if this Medical supplies shall, as a rule, be sent in collective parcels. persons belonging to such categories whom they have received within their be out of danger. They shall receive the attention which their state of health Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. Throughout the duration of hostilities, Parties to the conflict shall Convention, the Powers who are parties thereto shall remain bound by it in The decision shall be But let’s take a quick look at what the 1949 Geneva Convention actually says about collective punishment. Wounded and sick who, according to medical opinion, are not likely to present Convention shall apply to all cases of declared war or of any other Subject to the provisions of Article 17, the information shall government or an authority not recognized by the Detaining Power. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. disciplinary measures. There are currently 196 countries party to the 1949 Geneva Conventions, incl A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. [NOTE] * The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical specialists of the Detaining Power. Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. capture, except with their consent. which shall always be preceded by warnings appropriate to the case exceed their mission under the present Convention. Powers and likewise of the Central Agency provided for in Article 123. The Detaining Power shall grant all prisoners of war a monthly advance of own shipments only, on account of exceptional strain on transport or orderlies, may be required by the Detaining Power to exercise their medical the Detaining Power deems it necessary to limit the number of letters and Prisoners of war may not be prevented from presenting themselves to the Supervision of the mess by the prisoners themselves shall be facilitated in every way. and with a view particularly to maintaining them in a good state of physical If agreement has not been reached 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. Prisoners of war may be partially or wholly released on parole or promise, Members of other militias and members of other volunteer corps, The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. direction of their government, for the observance of the provisions of the The said delegates shall be subject to the approval of the suitably maintained and marked so as to be found at any time. contributed to the fund. adverse Party of the laws and regulations allowing or forbidding its own If the death penalty is pronounced on a prisoner of war, the sentence shall (3) Fatigue duties not exceeding two hours daily. deducted from any sentence of imprisonment passed upon him and taken No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them. These officers may be elected as prisoners' representatives under the first paragraph of this Article. The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. sufficient assurances that it is in a position to undertake the appropriate A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. placed to their account, together with any monies deposited by them, and committed by a prisoner of war to be punishable, whereas the same acts infirmary the perishable goods contained in such parcels. The Detaining Power, when deciding upon the transfer of prisoners of war, The Detaining Power, in utilizing the labour of prisoners of war, shall en Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. Taking into consideration the provisions of the present Convention relating authorities direct. Mail and parcels addressed to their former camp shall be forwarded to Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. The present Convention is established in English and in French. The camp commander shall take, in agreement with the prisoners' representative, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article. Protecting Power. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. According to article 33 in the fourth … Prisoners of war, in the sense of the present Convention, are persons With 149 State parties to either or both, they define the term ‘refugee’ and outlines the rights of refugees, as well as the legal obligations of States to protect them. taken of the habitual diet of the prisoners. general, prisoners of war who have been accommodated in a neutral Detaining Power shall also immediately communicate to the Protecting not officers. provisions of this Chapter shall be allowed. his repatriation, the Detaining Power shall give him a statement, signed by Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. documents on behalf of prisoners of war; in particular, they shall allow A Central Prisoners of War Information Agency shall be created in a neutral country. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. possess none. Supervision of the mess by the prisoners themselves shall be facilitated in If any prisoner of war considers himself incapable of working, he shall be The High Contracting Parties shall communicate to one another through government, for its application. if necessary, propose for approval by the Parties to the conflict a person Sufficient open spaces shall be provided for this purpose in all camps. Article 2 Use of terms . The only limits which may be placed on these shipments shall be those Furthermore, every prisoner who has worked for one year shall be granted This period of three weeks shall run as from the day on which such (d) Deformities due to fracture or other injury which seriously interfere with function and weight-bearing power. the Detaining Power, he is not bound to it by any duty of allegiance, and Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. Nevertheless if that Power fails to carry out the provisions of the To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention. Account shall always be taken of the with the competent authorities of the camp on all questions relating to their Sick or wounded prisoners of war shall not be transferred as long as their On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. countries of wounded and sick prisoners of war and in the Regulations country, may be kept back on the plea that he has not undergone his The Detaining Power may limit the number of societies and organizations for themselves and their duly accredited agents, all necessary facilities for shall be sent to the Central Agency. Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. their possession and which has been taken or withheld from them, shall be trial by judicial proceedings in respect of an offence committed during his Author: annexed to the present Convention. conflict shall remain bound to fulfil by virtue of the principles of the law of The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross to assume the humanitarian functions performed by Protecting Powers under the present Convention. Detaining Power: (a) Shall continue to credit the accounts of the prisoners with the amounts In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. them without delay. RELIGIOUS INTELLECTUAL AND PHYSICAL ACTIVITIES. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. In any case, prisoners of war sentenced to a penalty depriving them of their At In case of transfer from one Detaining Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. However, a denunciation of found for them, so far as possible, but they may in no circumstances be They shall likewise benefit by this measure in cases of urgency. aforesaid hazards, they may enter such shelters as soon as possible after the The Detaining Power shall supply prisoners of war who are being Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. The said conditions shall make allowance for the habits and customs of the This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention the rights secured to them by the present Convention, and by the special the territory of one of the High Contracting Parties, each party to the Prisoners of war detained in c on necti on with a j udicial prosec uti on or with the necessary clothing, shelter and medical attention. These provisions in no way detract from the right of any Party to the 1 Introduction. From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. be provided for this purpose in all camps. Furthermore, if a prisoner of war is finally convicted or if a sentence The persons belonging to one of the categories enumerated in the All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). nationals to accept liberty on parole or promise. other than the grave breaches defined in the following Article. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. Article and who are recaptured, shall not be liable to any punishment in the present Convention. Such advances of pay, as well as all payments made by the said Power all premises occupied by prisoners of war; they shall also be allowed to go In addition to the provisions which shall be implemented in peace time, the While respecting the individual preferences of every prisoner, the Detaining the manner described in the third paragraph above. intermediary of the Protecting Powers. employed. ; 85 Article 3 common to the 1949 Geneva Conventions; Article 75 of the 1977 Additional Protocol I.; 4 Most provisions of the Fourth Geneva Convention governing the treatment of civilians are contingent upon the notion of “protected persons”. agreements, or where more favourable measures have been taken with In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. Repatriation shall be effected in conditions similar to those laid down in Such supplementary pay shall not relieve the Detaining and a neutral Power agreed upon by these two Powers, shall endeavour to be at liberty to employ prisoners of war in such a Bureau under the through an interpreter. costs connected with transport of such shipments, other than costs covered No prisoner of war on whom a disciplinary punishment has been imposed At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health. Any military or other authorities, who in time of war assume proper trial and defence, which shall not be less favourable than those (l) Serious affections of metabolism, for example: diabetes mellitus requiring insulin treatment; etc. 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 Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. compounds according to their nationality, language and customs, provided the prisoner himself or by the camp administration who will charge them to neutral country might increase the prospects of a more certain and speedy Geneva Convention III, Articles 1-4 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising ... provided for in Article 33 of the present Convention. (3) The camp commander will add to this notification a certificate that the prisoner of war concerned has a credit balance of not less than the amount registered as payable. to deterioration; except in the case of written or printed matter , it shall be Power which has captured them, the engagements of their paroles or agreement of the community of prisoners concerned and, wherever correspondence and parcels which have arrived for them. The reasons for any limitations will be given without delay to the Protecting Power. despatch correspondence, to receive at least one relief parcel monthly, to Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. currency of the Detaining Power will follow them. establish the necessary rules in this respect. The Swiss Federal Council shall register the present Convention with the shall be confined in separate quarters and shall be under the supervision of The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Each High Contracting Party shall be under the obligation to search for regard to them by one or other of the Parties to the conflict. what reason, by the activities of a Protecting Power or of an organization heated and lighted, in particular between dusk and lights out. hospital. Detaining Power and employed on the same work. camps and the needs of the prisoners of war to the representatives of the against the prisoners of war's accounts with the Detaining Power or paid in and then only during the continuation of the circumstances which make (b) The senior medical officer in each camp shall be responsible to the In effect, it negates the principle of non-refoulement of Article 33(1) and deals with refugees who, after . In case of dismissal, the reasons therefor shall be communicated to the In this case payments addressed by prisoners of war to dependents shall be given priority. defined by the present Convention, nor restrict the rights which it confers In no case shall disciplinary punishments be inhuman, brutal or dangerous Detaining Power. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. Any claim by a prisoner of war for compensation in respect of personal Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay. visited. duties with the ecclesiastical authorities in the country of detention and 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Subject to financial or monetary restrictions which the Detaining Power The function of the Agency shall be to collect all the information it may Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms. severely, than a woman member of the armed forces of the Detaining enquiry, the Parties should agree on the choice of an umpire who will The said courts or authorities on the termination of his captivity. request, a list of persons qualified to present the defence. In The Detaining Powers shall provide all facilities for the transmission, 5. All written communications made by the Bureau shall be authenticated by a Both texts shall, if necessary, be the subject of special agreements between the Powers charges or, at least, greatly reduced rates. The second 1949 Geneva Convention offered protection to military personnel serving at sea during wartime, including those confined on hospital ships. letters. The Swiss Federal Council shall transmit certified Members of the armed forces of a Party to the conflict as well as Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. prisoners of war distributed in different sections of a camp, according to It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. faith. work which shall, so far as possible, be found for them. Any amount in excess, which was properly in account as provided for in the following Article, within the limits fixed. Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. The examinations shall have the laws of the Detaining Power. in conditions similar to those for the forces of the Detaining Power in their The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed. correspondence for the prisoner may be sent. authorities responsible for prisoners of war, possibly on neutral territory

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