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Geneva Convention on Prisoners of War (1929)

May 04, 2023

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Geneva Convention on Prisoners of War (1929)

The Geneva Convention on Prisoners of War 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.[1] 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.[2]

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),[3] 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.[4][5] (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.

Parties

The following countries has either signed or/and ratified Convention:[6]

Country Signed Ratification / Accession[note 1] or
Reservation/ Declaration[note 2]
Argentina   05.03.1945
Australia 27.07.1929 23.06.1931
Austria 27.07.1929 13.03.1936
Belgium 27.07.1929 12.05.1932
Bolivia 27.07.1929 13.08.1940
Brazil 27.07.1929 23.03.1932
Bulgaria 27.07.1929 13.10.1937
Canada 27.07.1929 20.02.1933
Chile 27.07.1929 01.06.1933
Republic of China 27.07.1929 19.11.1935
Colombia 27.07.1929 05.06.1941
Czechoslovakia 27.07.1929 12.10.1937
Denmark 27.07.1929 05.08.1932
Egypt 27.07.1929 25.07.1933
El Salvador   22.04.1942
Estonia 27.07.1929 11.06.1936
Fiji   09.08.1971
France 27.07.1929 21.08.1935
Germany 27.07.1929 21.02.1934
Greece 27.07.1929 28.05.1935
Hungary 27.07.1929 10.09.1936
India 27.07.1929 23.06.1931
Indonesia   05.06.1959
Iraq   29.05.1934
Israel   03.08.1948
Italy 27.07.1929 24.03.1931
Jordan   09.03.1949
Latvia 27.07.1929 14.10.1931
Liechtenstein   11.01.1944
Lithuania   27.02.1939
Mexico 27.07.1929 01.08.1932
Monaco   17.03.1948
Myanmar   01.04.1937
Netherlands 27.07.1929 05.10.1932
New Zealand 27.07.1929 23.06.1931
Norway 27.07.1929 24.06.1931
Pakistan   02.02.1948
Papua New Guinea   26.05.1976
Philippines   01.04.1947
Poland 27.07.1929 29.06.1932
Portugal 27.07.1929 08.06.1931
Romania 27.07.1929 24.10.1931
Kingdom of Serbs, Croats and Slovenes 27.07.1929 20.05.1931
Slovakia   15.09.1939
South Africa 27.07.1929 23.06.1931
Spain 27.07.1929 06.08.1930
Sweden 27.07.1929 03.07.1931
Switzerland 27.07.1929 19.12.1930
Thailand 27.07.1929 03.06.1939
Turkey 27.07.1929 10.03.1934
Britain 27.07.1929 23.06.1931
USA 27.07.1929 04.02.1932
Venezuela   15.07.1944

Notes

  1. ^ This means instead of signing and then ratifying the treaty, any State may become party to it by the single act called accession.[6]
  2. ^ An any statement made by a State during accession, succession or ratification that modifies way of application of certain provisions of convention. Checkout the source for more accurate definition.[6]

See also

References

  1. ^ "Treaties, States parties, and Commentaries - Geneva Convention on Prisoners of War, 1929". ihl-databases.icrc.org. Retrieved 7 June 2019.
  2. ^ Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929
  3. ^ . Archived from the original on 25 May 2015. Retrieved 21 March 2006.
  4. ^ ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "One category of military personnel which was refused the advantages of the Convention in the course of the Second World War comprised German and Japanese troops who fell into enemy hands on the capitulation of their countries in 1945 (6). The German capitulation was both political, involving the dissolution of the Government, and military, whereas the Japanese capitulation was only military. Moreover, the situation was different since Germany was a party to the 1929 Convention and Japan was not. Nevertheless, the German and Japanese troops were considered as surrendered enemy personnel and were deprived of the protection provided by the 1929 Convention relative to the Treatment of Prisoners of War."
  5. ^ ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "Under the present provision, the Convention applies to persons who "fall into the power" of the enemy. This term is also used in the opening sentence of Article 4, replacing the expression "captured" which was used in the 1929 Convention (Article 1). It indicates clearly that the treatment laid down by the Convention is applicable not only to military personnel taken prisoner in the course of fighting, but also to those who fall into the hands of the adversary following surrender or mass capitulation."
  6. ^ a b c "Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929". ihl-databases.icrc.org. Retrieved 8 February 2020.

Further reading

  • . 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

May 04, 2023
geneva, convention, prisoners, 1929, this, article, relies, excessively, references, primary, sources, please, improve, this, article, adding, secondary, tertiary, sources, find, sources, geneva, convention, prisoners, 1929, news, newspapers, books, scholar, j. This article relies excessively on references to primary sources Please improve this article by adding secondary or tertiary sources Find sources Geneva Convention on Prisoners of War 1929 news newspapers books scholar JSTOR December 2017 Learn how and when to remove this template message Wikisource has original text related to this article Geneva Convention on Prisoners of War 1929 The Geneva Convention on Prisoners of War 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 1 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 2 Contents 1 General provisions 2 Capture 3 Captivity 3 1 Evacuation of prisoners of war 3 2 Prisoner of war camps 3 3 Labour of prisoners of war 3 4 Prisoners relations with the authorities 4 Termination of captivity 5 Bureau of relief and information concerning prisoners of war 6 Application of the Convention to certain classes of civilians 7 Execution of the convention 8 Annex to the Convention of May 27 1929 relative to the treatment of prisoners of war 9 Parties 10 Notes 11 See also 12 References 13 Further readingGeneral provisions EditArticle 1 makes explicit reference to Articles 1 2 and 3 of Hague Convention respecting the laws and customs of war on land Hague IV 3 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 EditArticles 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 4 5 see Disarmed Enemy Forces Captivity EditEvacuation of prisoners of war Edit 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 Edit 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 Edit 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 Edit 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 EditArticles 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 EditArticles 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 EditArticle 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 EditArticles 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 EditThe annex added detail to the provisions covering repatriation and hospitalization Parties EditThe following countries has either signed or and ratified Convention 6 Country Signed Ratification Accession note 1 or Reservation Declaration note 2 Argentina 05 03 1945Australia 27 07 1929 23 06 1931Austria 27 07 1929 13 03 1936Belgium 27 07 1929 12 05 1932Bolivia 27 07 1929 13 08 1940Brazil 27 07 1929 23 03 1932Bulgaria 27 07 1929 13 10 1937Canada 27 07 1929 20 02 1933Chile 27 07 1929 01 06 1933Republic of China 27 07 1929 19 11 1935Colombia 27 07 1929 05 06 1941Czechoslovakia 27 07 1929 12 10 1937Denmark 27 07 1929 05 08 1932Egypt 27 07 1929 25 07 1933El Salvador 22 04 1942Estonia 27 07 1929 11 06 1936Fiji 09 08 1971France 27 07 1929 21 08 1935Germany 27 07 1929 21 02 1934Greece 27 07 1929 28 05 1935Hungary 27 07 1929 10 09 1936India 27 07 1929 23 06 1931Indonesia 05 06 1959Iraq 29 05 1934Israel 03 08 1948Italy 27 07 1929 24 03 1931Jordan 09 03 1949Latvia 27 07 1929 14 10 1931Liechtenstein 11 01 1944Lithuania 27 02 1939Mexico 27 07 1929 01 08 1932Monaco 17 03 1948Myanmar 01 04 1937Netherlands 27 07 1929 05 10 1932New Zealand 27 07 1929 23 06 1931Norway 27 07 1929 24 06 1931Pakistan 02 02 1948Papua New Guinea 26 05 1976Philippines 01 04 1947Poland 27 07 1929 29 06 1932Portugal 27 07 1929 08 06 1931Romania 27 07 1929 24 10 1931Kingdom of Serbs Croats and Slovenes 27 07 1929 20 05 1931Slovakia 15 09 1939South Africa 27 07 1929 23 06 1931Spain 27 07 1929 06 08 1930Sweden 27 07 1929 03 07 1931Switzerland 27 07 1929 19 12 1930Thailand 27 07 1929 03 06 1939Turkey 27 07 1929 10 03 1934Britain 27 07 1929 23 06 1931USA 27 07 1929 04 02 1932Venezuela 15 07 1944Notes Edit This means instead of signing and then ratifying the treaty any State may become party to it by the single act called accession 6 An any statement made by a State during accession succession or ratification that modifies way of application of certain provisions of convention Checkout the source for more accurate definition 6 See also EditGeneva Convention on the Wounded and Sick 1929 References Edit Treaties States parties and Commentaries Geneva Convention on Prisoners of War 1929 ihl databases icrc org Retrieved 7 June 2019 Convention relative to the Treatment of Prisoners of War Geneva 27 July 1929 Laws of War on Land Hague IV October 18 1907 Archived from the original on 25 May 2015 Retrieved 21 March 2006 ICRC Commentaries on the Convention III relative to the Treatment of Prisoners of War Article 5 One category of military personnel which was refused the advantages of the Convention in the course of the Second World War comprised German and Japanese troops who fell into enemy hands on the capitulation of their countries in 1945 6 The German capitulation was both political involving the dissolution of the Government and military whereas the Japanese capitulation was only military Moreover the situation was different since Germany was a party to the 1929 Convention and Japan was not Nevertheless the German and Japanese troops were considered as surrendered enemy personnel and were deprived of the protection provided by the 1929 Convention relative to the Treatment of Prisoners of War ICRC Commentaries on the Convention III relative to the Treatment of Prisoners of War Article 5 Under the present provision the Convention applies to persons who fall into the power of the enemy This term is also used in the opening sentence of Article 4 replacing the expression captured which was used in the 1929 Convention Article 1 It indicates clearly that the treatment laid down by the Convention is applicable not only to military personnel taken prisoner in the course of fighting but also to those who fall into the hands of the adversary following surrender or mass capitulation a b c Convention relative to the Treatment of Prisoners of War Geneva 27 July 1929 ihl databases icrc org Retrieved 8 February 2020 Further reading EditList 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 Retrieved from https en wikipedia org w index php title Geneva Convention on Prisoners of War 1929 amp oldid 1145061667, wikipedia, wiki, book, books, library,

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