Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.

ARTICLE 135 . -- RELATION TO THE HAGUE CONVENTION

This provision reproduces the text of Article 89 of the 1929 Convention, the authors of which had intended to ' complement ' Chapter II of the Hague Regulations, not to ' replace ' it. The Hague rules, which were a codification of principles recognized by all civilized nations, remained sacrosanct and the 1929 Convention should be considered as developing the principles set forth in the Regulations (1). The latter [p.637] remark is no longer as relevant as it was in 1929; Article 4 , which defines the persons entitled to the status of prisoner of war, makes the new Convention much more independent of the Hague Regulations than the 1929 instrument. It is nevertheless useful to emphasize that the two instruments are based on the same principles; the table below shows the provisions of the Hague Regulations and the corresponding Articles in the 1949 Convention.

' Regulations concerning the Laws and Customs of War on Land

annexed to the Fourth Convention of The Hague of October 18, 1907 ' ' 1949 Convention '

' Article 4 '

Paragraph 1 : Responsibility for the treatment of prisoners of war Article 12

Paragraph 2 : Humane treatment Article 13

Paragraph 3 : Personal property of prisoners of war Article 18

' Article 5 ' Restrictions on movement Article 21,

paragraph 1

' Article 6 '

Paragraph 1 : Authorization to compel prisoners of war to work,

provided such work is not connected with the operations of war Articles 49 and 50

Paragraph 2 : Authorization to work for private persons (2) Article 57

Paragraphs 3 and 4 : Working pay Article 62

Paragraph 5 : Utilization of wages Articles 28 , 58 , 66

' Article 7 '

Paragraph 1 : General obligation of maintenance

of prisoners of war Article 15

Paragraph 2 : Food, lodging, clothing Articles 25 , 26 , 27

' Article 8 '

Paragraph 1 : Applicable legislation Article 82

Paragraph 2 : Unsuccessful escape Article 92

Paragraph 3 : Successful escape Article 91

[p.638] ' Regulations of The Hague of 1907 1949 Convention '

' Article 9 '

Questioning of prisoners of war Article 17

' Article 10 '

Paragraph 1 : Conditions for release on parole Article 21 ,

paragraphs 2 and 3

Paragraph 2 : Obligations of the Government on

which a prisoner released on parole depends Article 21, paragraph 2

' Article 11 '

Right of decision by a prisoner of war or Detaining

Power with regard to release on parole Article 21, paragraph 2

' Article 12 ' (3)

Right of the Detaining Power to bring before the courts prisoners of war

released on parole and recaptured bearing arm,

' Article 13 ' Right to be treated as prisoners of war for persons

who follow armed forces without directly belonging to them Article 4, paragraph A (4)

' Article 14 ' Institution, organization and functions of enquiry

offices Article 122

' Article 15 ' Relief societies Article 125

' Article 16 '

Paragraph 1 : Free postage for letters, money orders and parcels by post Articles 74 and 124

Paragraph 2 : Exemption from customs, carriage and transport charges for

relief shipments Article 74

[p.639] ' Regulations of The Hague of 1907 1949 Convention '

' Article 17 ' Pay of officers Article 60

' Article 18 ' Exercise of religion Article 34

' Article 19 ' Wills, death certificates, burial Article 120

' Article 20 ' Repatriation Article 118

In fact, the only point on which the provisions of the new Convention differ from those of the Hague Regulations is that of the treatment of prisoners of war as compared with the armed forces of the Detaining Power. Here, there has been definite progress, which calls for some comment; whereas the Hague Regulations provide in regard to working pay (Article 6 ) and quarters, food and clothing (Article 7 ) that prisoners of war are to be treated on the same footing as the troops of the Detaining Power, the new Convention abandons this principle of assimilation and sets different rules. Food and clothing must be sufficient, taking into account the habitual diet of prisoners of war and the climate of the region where they are detained (Articles 26 and 27 ). In the same way, the Convention fixes a minimum rate of working pay (one-quarter of one Swiss franc per day) regardless of the amount paid to the armed forces of the Detaining Power.

It should also be noted that whereas the Hague Regulations authorized the Detaining Power to confine prisoners of war as a security measure, such action is now permitted only because of health considerations (Article 21 ).

Out of a total of seventeen Articles in Chapter II of the 1907 Hague Regulations, three (Articles 10 , 11 and 12 ) were devoted to release on parole. This system, which was introduced in replacement of the ransom system, has diminished in importance; since the 1914 1918 war, the stipulation that any prisoner of war repatriated during the hostilities must not take up arms again has more often been embodied in agreements between the belligerents with a view to exchanging prisoners of war than offered to individual prisoners. Thus, it was he Powers which undertook the obligation, not the prisoners of war who were released.

[p.640] The fact that the Hague Regulations are ' complemented ' but not replaced means that those of their provisions which are not included in the present Convention remain in force (4).

* (1) [(2) p.636] See ' Actes de la Conference de 1929, '

p. 521;

(2) [(1) p.637] See below, p. 640, Note 1;

(3) [(1) p.638] See the last paragraph of the commentary on

the present Article, p. 640 below;

(4) [(1) p.640] For instance, Article 6 of the Hague

Regulations: ' prisoners may be authorized to work... on

their own account; ' Article 12: ' prisoners of war

liberated on parole and recaptured bearing arms... can be

brought before the courts. ';