« PreviousContinue »
time of their release, after deducting the cost of their maintenance.
ART. 7. The Government into whose hands prisoners of war have fallen is bound to maintain them.
Failing a special agreement between the belligerents, prisoners of war shall be treated as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.
ART. 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.
Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.
Escaped prisoners, recaptured before they have succeeded in rejoining their army or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping are again taken prisoners, are not liable to any punishment for the previous flight.
Art. 9. Every prisoner of war, if questioned, is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.
ART. 10. Prisoners of war may be set at liberty on parole if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfill, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
In such cases, their own Government shall not require of nor accept from them any service incompatible with the parole given.
ART. 11. A prisoner of war cannot be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner's request to be set at liberty on parole.
ART. 12. Any prisoner of war, who is liberated on parole and recaptured, bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be brought before the Courts.
Art. 13. Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, who fall into the enemy's hands, and whom the latter think fit to detain, have a right to be treated as prisoners of war, provided they can pro duce a certificate from the military authorities of the army they were accompanying
ART. 14. A Bureau for information relative to prisoners of war is instituted, on the commencement of hostilities, in each of the belligerent States, and when necessary, in the neutral countries on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and is furnished by the various services concerned with all the necessary information to enable it to keep an individual return for each prisoner of war. It is kept informed of internments and changes, as well as of admissions into hospitals and deaths.
It is also the duty of the Information Bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those interested.
Art. 15. Relief Societies for prisoners of war, which are regularly constituted in accordance with the law of the country with the object of serving as the intermediary for charity, shall receive from the belligerents for themselves and their duly accredited agents every facility, within the bounds of military requirements and Administrative Regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of internment for the distribution of relief, as also to the halting places of repatriated prisoners, if furnished with
a personal permit by the military authorities, and on giving an engagement in writing to comply with all their Regulations for order and police.
ART. 16. The Information Bureau shall have the privilege of free postage. Letters, money orders, and valuables, as well as postal parcels destined for the prisoners of war or dispatched by them, shall be free of all postał duties both in the countries of origin and destination, as well as in those they pass through.
Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways.
ART. 17. Officers taken prisoners may receive, if necessary, the full pay allowed them in this position by their country's regulations, the amount to be repaid by their Government.
ART. 18. Prisoners of war shall enjoy every latitude in the exercise of their religion, including attendance at their own church services, provided only they comply with the regulations for order and police issued by the military authorities.
ART. 19. The wills of prisoners of war are received or drawn up on the same conditions as for soldiers of the National Army.
The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
Art. 20. After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible.
CHAPTER III. On the Sick and Wounded
ART. 21. The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention of the 22d August, 1864, subject to any modifications which may be introduced into it.
CHAPTER I. On Means of injuring the Enemy, Sieges and
Art. 22. The right of belligerents to adopt means of in. juring the enemy is not unlimited.
Art. 23. Besides the prohibitions provided by special Conventions, it is especially prohibited:
(a) To employ poison or poisoned arms;
(6) To kill or wound treacherously individuals belonging to the hostile nation or army;
(c) To kill or wound an enemy who, having laid down arms, or having no longer means of defense, has surrendered at discretion;
(d) To declare that no quarter will be given;
(e) To employ arms, projectiles, or material of a nature to cause superfluous injury;
(f) To make improper use of a flag of truce, the national flag, or military ensigns and the enemy's uniform, as well as the distinctive badges of the Geneva Convention;
(g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.
Art. 24. Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable.
ART. 25. The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited.
Art. 26. The Commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities.
ART. 27. In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes.
The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants.
ART. 28. The pillage of a town or place, even when taken by assault, is prohibited.
CHAPTER II. On Spies ART. 29. An individual can only be considered a spy if, acting clandestinely, or on false pretenses, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of dispatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver dispatches, and generally to maintain communication between the various parts of an army or a territory.
Art. 30. A spy taken in the act cannot be punished with out previous trial.
Art. 31. A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war and incurs no responsibility for his previous acts of espionage.
CHAPTER III. On Flags of Truce
Art. 32. An individual is considered as bearing a flag of truce who is authorized by one of the belligerents to enter into communication with the other, and who carries a white