Geneva Convention (1929)
Encyclopedia
The Geneva Convention 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
state that:
Articles 2, 3 and 4: Specifies that POW 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.
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
)
Articles 11, 12, 13 state that: Food must be of a similar quality and quantity to that of the Belligerent's own soldiers, and POWs can not 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 cover the provision of medical facilities in each camp.
Articles 16 and 17 cover the provision of religious needs, intellectual diversions and sport facilities.
Articles 18 and 19 cover the internal discipline of a camp which is under the command of a responsible officer.
Articles 20, 21, 22, and 23 state 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 cover 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.
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 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.
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
which covered the treatment of prisoners of war during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. It is the predecessor of the Third Geneva Convention
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
signed in 1949.
On their web site the International Committee of the Red Cross
International Committee of the Red Cross
The International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
state that:
General provisions
Article 1: makes explicit reference to Articles 1 2 and 3 of Hague Conventions 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 POW 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 6 and 7 cover 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
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
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
Disarmed Enemy Forces
Disarmed Enemy Forces , and—less commonly—Surrendered Enemy Forces, was a U.S. designation, both for soldiers who surrendered to an adversary after hostilities ended, and for those previously surrendered POWs who were held in camps in occupied German territory at that time. It is mainly referenced...
)
Evacuation of prisoners of war
Articles 7 and 8 state 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 cover 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".Articles 11, 12, 13 state that: Food must be of a similar quality and quantity to that of the Belligerent's own soldiers, and POWs can not 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 cover the provision of medical facilities in each camp.
Articles 16 and 17 cover the provision of religious needs, intellectual diversions and sport facilities.
Articles 18 and 19 cover the internal discipline of a camp which is under the command of a responsible officer.
Articles 20, 21, 22, and 23 state 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 cover 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 cover 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.External relations of prisoners of war
Articles 35 to 41 cover how and when prisoners of war may correspond with others. Prisoners should be allowed to correspond with their family within a week of capture. They should be allowed to receive letters, and parcels which contain books, which may be censored, food and clothing.Prisoners' relations with the authorities
Articles 42 to 67 cover 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 state 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
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
because as the surrender of the Axis powers was unconditional 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
Treaty on the Final Settlement with Respect to Germany
The Treaty on the Final Settlement With Respect to Germany, was negotiated in 1990 between the Federal Republic of Germany and the German Democratic Republic , and the Four Powers which occupied Germany at the end of World War II in Europe: France, the Soviet Union, the United Kingdom, and the...
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 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 and civilian war correspondents etc.Execution of the convention
Articles 82 to 97 cover 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.Medical Staff
The Articles also include that medics and doctors on the battlefield should have the red cross symbol. It states that medical staff should be treated fairly and not be hurt. Modern militaries do not let their soldiers fire upon enemy medics for they should not be carrying arms. Firing at a medic treating a wounded man is a direct breach to the Geneva Convention.Further reading
- List of 53 countries that signed and ratified the Convention. Countries that signed and ratified the Convention are called State Parties. Not all countries that later were involved in World War IIWorld War IIWorld War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
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 who were state signatories. - Copy of the convention held by the ICRCInternational Committee of the Red CrossThe International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
: Convention relative to the Treatment of Prisoners of War. GenevaGenevaGeneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
, 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 ProjectAvalon ProjectThe Avalon Project is a digital library of documents relating to law, history and diplomacy. The project is part of the Yale Law School Lillian Goldman Law Library....
at the Yale Law SchoolYale Law SchoolYale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...