By entering this website you agree that we use cookies in order to understand visitor preferences and keep improving our service.
Learn more
I accept
International Committee of the Red Cross
French
Contact
Resource centre
International Committee of the Red Cross
English
Français
Toggle navigation
Donate
Home
Who we are
What we do
Where we work
War & Law
Support us
Home
Who we are
What we do
Where we work
War & Law
Support us
Donate
Treaties, States Parties and Commentaries
Advanced Search
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
By date
By topic
By State
Historical Treaties and Documents
By date
By topic
By State
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
Responsibility for the treatment of prisoners and conditions for their transfer to another Power
ARTICLE 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.
<< Previous
Up
Next >>
Commentaries
Commentary of 2020
Commentary of 1960
GVALNWB2/ICRC
Share on Twitter
Share on Facebook
Share on Google+
Share on LinkedIn
Print this page