Related Rule
Germany
Practice Relating to Rule 128. Release and Return of Persons Deprived of Their Liberty
Germany’s Military Manual (1992) states: “All prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. This requires neither a formal armistice agreement nor the conclusion of a peace treaty.”
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 731.
The manual further stresses:
Seriously wounded and sick prisoners of war who are fit to travel and whose mental or physical fitness has been incurably or permanently diminished or whose recovery may not be expected within one year shall already be repatriated during the armed conflict.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 732.
The manual also states: “Grave breaches of international humanitarian law are in particular: … unjustifiable delay in the repatriation of prisoners of war and civilians”.
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 1209.
Germany’s Soldiers’ Manual (2006) states: “After the cessation of combat operations all prisoners of war shall be released and repatriated without delay.”
Germany, Druckschrift Einsatz Nr. 03, Humanitäres Völkerrecht in bewaffneten Konflikten – Grundsätze, Erarbeitet nach ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, DSK SF009320187, Bundesministerium der Verteidigung, R II 3, August 2006, p. 7.
Germany’s Law Introducing the International Crimes Code (2002) punishes anyone, who, in connection with an international or non-international armed conflict, “unjustifiably delays the return home of a protected person”.
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 8(3)(1).
In 1989, in a reply to a question in Parliament concerning the repatriation of Ethiopian prisoners of war, the German Minister of Foreign Affairs stated:
The Federal Government will also in future urge the Ethiopian government to agree to a return of prisoners on humanitarian grounds. However, neither the Third Geneva Convention of 1949, to which Ethiopia is a party, nor customary international humanitarian law places any obligation on Ethiopia to repatriate or take back prisoners of war during a continuing armed conflict.
Germany, Reply by the Federal Government to a written question submitted by a Bundestag member and the Parliamentary Green Party, Document 11/3841, Safety of 127 repatriated Ethiopian prisoners of war, Bundestag Document 11/4037, 11th legislative period, 20 February 1989.
In 1995, all political parties in the German Parliament requested the release of injured and handicapped prisoners, as well as women, in the conflict in Nagorno-Karabakh.
Germany, Lower House of Parliament, Proposal by the CDU/CSU, SPD, alliance 90/the Greens and FDP, Initiative zum Karabach-Konflikt, BT-Drucksache 13/1029, 30 March 1995, p. 1.
Germany’s Military Manual (1992) states: “No prisoner of war may be repatriated against his will during the hostilities.”
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 732.
In 1992, the German Foreign Minister declared that Germany was willing to receive 6,000 detainees from Serb detention camps in order to make their release possible. A statement in favour of this measure was supported by all political parties in Parliament.
Germany, Lower House of Parliament, Speech by Dr Kinkel, Minister of Defence, 10 December 1992, Plenarprotokoll 12/128, pp. 11102–11112; Speech by Representative Scharrenbroich, 10 December 1992, Plenarprotokoll 12/128, p. 11099.
