Treaties, States Parties and Commentaries
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Commentary of 2020 
Section I : Direct repatriation and accommodation in neutral countries
4237  Section I of Part IV deals with the direct repatriation or accommodation in neutral countries of certain categories of prisoners of war. It is primarily concerned with seriously wounded and sick prisoners of war whose repatriation is desirable in light of the diminished military necessity of keeping them interned. Its additional provisions concerning the possible repatriation of certain ‘able-bodied’ prisoners of war reflects the efforts of the drafters to mitigate, for humanitarian reasons, the effects of prolonged captivity.
4238  Articles 109 and 110 operate together to identify which prisoners of war would be eligible either for direct repatriation or for accommodation or internment in a neutral country during hostilities. They cover seriously wounded and sick prisoners of war, as well as those ‘able-bodied’ prisoners who have been in captivity for a long time. These articles are supplemented by the Model Agreement concerning Direct Repatriation and Accommodation in Neutral Countries of Wounded and Sick Prisoners of War in Annex I to the Convention.
4239  Article 111 supplements the obligations in Articles 109 and 110 by requiring belligerents also to endeavour to conclude agreements with a neutral Power to intern all other ‘able-bodied’ prisoners of war in that country.
4240  Articles 112 and 113 facilitate implementation of the obligations in Articles 109 and 110. Article 112 governs the appointment of mixed medical commissions to examine and make decisions regarding sick and wounded prisoners of war. It is supplemented by the Regulations concerning Mixed Medical Commissions in Annex II of the Convention. While all prisoners of war are entitled to present themselves for examination by the commission, Article 113 establishes categories of prisoners of war who must be given priority. These provisions apply equally to prisoners of war who sustain an injury as a result of an accident during captivity, unless it is self-inflicted (Article 114).
4241  Article 115 deals with the cases of prisoners of war who, based on their medical condition, are eligible for repatriation or accommodation in a neutral country during hostilities, but are undergoing disciplinary or judicial proceedings or punishments.
4242  The costs of repatriation or of transport to a neutral country of prisoners of war pursuant to Articles 109–111 are allocated in Article 116.
4243  To protect the interests of the prisoners, as well as of the former Detaining Power, the Power on which the repatriated prisoners depend is prohibited under Article 117 from re-employing them on active military service.