Convention of July 27, 1929, relative to the treatment of prisoners of war1

TITLE I: GENERAL PROVISIONS

ARTICLE 1. The present convention shall apply, without prejudice to the stipulations of Title VII:

(1) To all persons contemplated in Articles 1, 2 and 3 of the regulations annexed to the Hague convention of October 18, 1907, respecting the laws and customs of war on land, and captured by the enemy."

(2) To all persons belonging to the armed forces of the belligerent parties, captured by the enemy in the course of military operations at sea or in the air, except for such derogations as might be rendered inevitable by the conditions of capture. However, such derogations shall not infringe the fundamental principles of the present Convention; they shall cease when the persons captured have entered a prisoners-of-war camp.

ART. 2. Prisoners of war are in the power of the enemy power, but not of the individuals or bodies of troops who capture them.

They must at all times be treated with humanity and protected, particularly against acts of violence, insults and public curiosity.

Measures of reprisal against them are prohibited.

ART. 3. Prisoners of war have the right to have their person and their honor respected. Women shall be treated with all the regard due to their sex.

Prisoners retain their full civil status.

ART. 4. The power detaining prisoners of war is bound to provide for their maintenance.

Discriminations in treatment between prisoners are lawful only when they are based on the military rank, state of physical or mental health, professional qualifications or the sex of those who profit by such discriminations.

TITLE II: CAPTURE

ART. 5. Every prisoner of war is bound to give, if he is questioned on the subject, his true names and rank, or else his serial number.

In case he infringes this rule, he shall be liable to restriction of the privileges accorded to prisoners of his category.

1Translation as made in the Department of State and approved by the military and naval technical advisers of the United States at the conference held at Geneva in July 1929.

'Annexed Regulations: ART. 1. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

1. To be commanded by a person responsible for his subordinates;

2. To have a fixed distinctive emblem recognizable at a distance;

3. To carry arms openly; and

4. To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination “army".

ART. 2. The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1. shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.

ART. 3. The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.

No coercion may be used on prisoners to obtain information relative to the state of their army or country. Prisoners who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind whatever.

If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical authorities.

ART. 6. All effects and objects of personal use-except arms, horses, military equipment and military papers-shall remain in the possession of prisoners of war, as well as metal helmets and gas masks.

Sums in the possession of prisoners may not be taken away from them except by order of an officer and after the amount is determined. A receipt shall be given. Sums thus taken away shall be credited to the account of each prisoner.

Identification tags and cards, insignia of rank, decorations and objects of value may not be taken from prisoners.

TITLE III: CAPTIVITY

SECTION I: EVACUATION OF PRISONERS OF WAR

ART. 7. Prisoners of war shall be evacuated within the shortest possible period after their capture, to depots located in a region far enough from the zone of combat for them to be out of danger.

Only prisoners who, because of wounds or sickness, would run greater risks by being evacuated than by remaining where they are may be temporar ly kept in a dangerous zone. Prisoners shall not be needlessly exposed to danger while awaiting their evacuation from a combat zone.

Evacuation of prisoners, on foot, may normally be effected only by stages of 20 kilometers a day, unless the necessity of reaching water and food depots requires longer stages.

ART. 8. Belligerents are bound to notify each other reciprocally as soon as poss ble, through the intermediary of the information bureaus as organized under Article 77, of every capture of prisoners. They are 1 kewise bound to inform each other of the official addresses to which the correspondence from the families to prisoners of war may be sent.

As soon as possible, every prisoner must be enabled to correspond with his family himself, under the conditions provided in Articles 36 and following. As regards prisoners captured at sea, the provisions of the present article shall be observed as soon as possible after arrival at port.

SECTION II: CAMPS OF PRISONERS OF WAR

ART. 9. Prisoners of war may be interned in a town, fortress, or other place, and bound not to go beyond certain fixed limits. They may also be interned in enclosed camps; they may not be confined or locked up except as an indispensible measure of safety or sanitation, and only while the circumstances which necessitate this measure continue to exist.

Prisoners, captured in unhealthful regions or where the climate is injurious for persons coming from temperate regions, shall be transported, as soon as possible, to a more favorable climate.

Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races or nationalities.

No prisoner may, at any time, be sent back into a region where he might be exposed to the fire of the combat zone nor used to give protection from bombardment to certain points or certain regions by his presence.

CHAPTER 1: INSTALLATION OF CAMPS

ART. 10. Prisoners of war shall be lodged in buildings or in barracks affording all possible safeguards as to hygiene and healthfulness.

The quarters must be fully protected from dampness, sufficiently heated and lighted. All precautions must be taken against danger of fire.

As to the dormitories, the total area and minimum air space of dormitories, accommodations and bedding therein, shall be the same as those provided for the troops at base camps of the detaining power.

CHAPTER 2: FOOD AND CLOTHING OF PRISONERS OF WAR

ART. 11. The food ration of prisoners of war shall be equal in quantity and quality to that of troops at base camps.

Furthermore, prisoners shall receive facilities for preparing, themselves, additional food which they may have.

A sufficiency of potable water shall be furnished them. The use of tobacco shall be permitted. Prisoners may be employed in the kitchens.

All collective disciplinary measures affecting the food are prohibited. ART. 12. Outer clothing, underwear and footwear shall be furnished prisoners of war by the detaining power. Replacement and repair of these articles must be assured regularly. In addition, workers must receive work clothes wherever the nature of the work requires it.

Canteens shall be installed in all camps where prisoners may obtain, at the local market price, food products and ordinary articles.

Profits obtained by the management of the camps from the operation of the canteens shall be used for the benefit of the prisoners.

CHAPTER 3: HYGIENE IN CAMPS

ART. 13. Belligerents shall be bound to take all sanitary measures necessary to assure the cleanliness and healthfulness of camps and to prevent epidemics. Prisoners of war shall have at their disposal, day and night, installations conforming to sanitary rules and constantly maintained in a state of cleanliness.

Furthermore, in addition to baths and showers with which the camps shall be as well provided as possible, prisoners shall be furnished a sufficient quantity of water to permit of their bodily cleanliness.

They must be enabled to take physical exercise and enjoy the open air. ART. 14. Every camp shall have an infirmary, where prisoners of war shall receive every kind of attention they need. If necessary, isolation quarters shall be reserved for the sick affected with contagious diseases.

Expenses of treatment, including therein those of temporary prosthetic equipment, shall be borne by the detaining power.

Upon request, belligerents shall be bound to deliver to every prisoner treated an official statement showing the nature and duration of his illness as well as the attention received.

It shall be permissible for belligerents reciprocally to authorize, by means of special arrangements, the retention in the camps of physicians and hospital attendants to care for prisoners of their own country.

Prisoners affected with a serious illness or whose condition necessitates a major surgical operation, must be admitted, at the expense of the detaining power, to any military or civil medical establishment qualified to treat them.

ART. 15. Medical inspections of prisoners of war shall be held at least once a month. Their purpose shall be to determine the general state of health and cleanliness, and to detect contagious diseases, particularly tuberculosis and venereal diseases.

CHAPTER 4: INTELLECTUAL AND MORAL NEEDS OF PRISONERS OF WAR

ART. 16. Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever religion they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.

Ministers of a religion, prisoners of war, whatever their religious denomination, shall be allowed to minister fully to their coreligionists.

ART. 17. Belligerents shall encourage as much as possible intellectual recreations and sports organized by prisoners of war.

CHAPTER 5 INTERNAL DISCIPLINE OF CAMPS

ART. 18. Every prisoners-of-war camp shall be placed under the command of a responsible officer.

Besides the external marks of respect provided by the regulations in force in their armies with regard to their nationals, prisoners of war must salute all officers of the detaining power.

Officers who are prisoners of war are bound to salute only officers of a higher or equal rank of the detaining power.

ART. 19. The wearing of insignia of rank and of decorations shall be authorized.

ABT. 20. Regulations, orders, notices and proclamations of every kind must be communicated to prisoners of war in a language which they understand. The same principle shall be applied in interrogations.

CHAPTER 6: SPECIAL PROVISIONS REGARDING OFFICERS AND PERSONS OF

ASSIMILATED STATUS [ASSIMILÉS]

ART. 21. Upon the beginning of hostilities, belligerents shall be bound to communicate to each other reciprocally the titles and ranks in use in their respective armies, with a view to assuring equality of treatment between officers and assimilés of equivalent ranks.

Officers and assimilés, who are prisoners of war, shall be treated with the regard due their rank and age.

ART. 22. In order to assure service in officers' camps, soldiers of the same army who are prisoners of war and, as far as possible, who speak the same language, shall be assigned thereto, in sufficient numbers, considering the rank of the officers and assimilés.

The latter shall procure their food and clothing from the pay which they shall receive from the detaining power. The management of the mess by the officers themselves should be facilitated in every way.

CHAPTER 7: FINANCIAL RESOURCES OF PRISONERS OF WAR

ART. 23. Subject to special arrangements between the belligerent powers, and particularly those provided in Article 24, officers and assimilés, who are prisoners of war, shall receive from the detaining power the same pay as officers of corresponding rank in the armies of that power, on the condition, however, that such pay does not exceed that to which they are entitled in the

armies of the country which they have served. They shall receive such pay in full, once a month if possible, without any deduction being made for expenses chargeable to the detaining power, even if these expenses were made in favor of the said prisoners.

An agreement between the belligerents shall fix the rate of exchange applicable to such payment; in the absence of such an agreement, the rate adopted shall be that in force at the opening of hostilities.

All disbursements made to prisoners of war as pay must be reimbursed, at the end of hostilities, by the power which they have served.

ART. 24. Upon the outbreak of hostilities, the belligerents shall, by common agreement, fix the maximum amount of ready money which prisoners of war of various ranks and categories shall be allowed to keep in their possession. Any surplus taken or withheld from a prisoner as well as any sum deposited by him, shall be credited to his account, and may not be converted into another currency without his consent.

The balance credited to their accounts shall be paid to prisoners of war at the end of their captivity.

During their imprisonment, facilities shall be granted them for the transfer of these amounts, in whole or in part, to banks or private persons in their country of origin.

CHAPTER 8: TRANSFER OF PRISONERS OF WAR

ART. 25. Unless the conduct of military operations so requires, sick and wounded prisoners of war shall not be transferred as long as their recovery might be endangered by the journey.

ART. 26. In case of transfer, prisoners of war shall be officially notified of their new destination in advance; they shall be allowed to take with them their personal effects, their correspondence and packages which have arrived addressed to them.

All due measures shall be taken that correspondence and packages addressed to their former camp may be forwarded to them without delay.

Sums deposited to the account of transferred prisoners shall be transmitted to the competent authority of the place to which they have been transferred. The expenses occasioned by the transfer shall be charged to the detaining power.

SECTION III: WORK OF PRISONERS OF WAR

CHAPTER 1: GENERAL PROVISIONS

ART 27. Belligerents may employ as workers according to their rank and aptitude, all able-bodied prisoners of war with the exception of officers and assimilés.

However, if officers or assimilés request suitable work, it shall be secured for them so far as is possible.

Noncomissioned officers who are prisoners of war shall only be required to do supervisory work, unless they expressly request a remunerative occupation. Belligerents shall be bound, during the whole period of captivity, to allow to prisoners of war who are victims of accidents in connection with their work the enjoyment of the benefit of the provisions applicable to workers of the same category according to the legislation of the detaining power. With regard to prisoners of war to whom these legal provisions might not be applied by reason of the legislation of that power, the latter undertakes to recommend to its legislative body all proper measures equitably to indemnify the victims.