(2)Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons. evacuated with sufficient food and potable water, and with the necessary The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends. 5The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations mentioned in paragraph 1. If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services. 5Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing or medical aircraft in, their territory equally to all Parties to the conflict. 4The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizations referred to in the Conventions and this Protocol which are duly authorized by the respective Parties to the conflict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol. concerned inforrnation regarding transfers, releases, repatriations, escapes, 3. Prisoners of war who sustain accidents in connection with work, or who be interred in the same place. High Contracting Party of any liability incurred by itself or by another High 4The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children. to the advocate or counsel conducting the defence on behalf of the prisoner Account shall also be taken of the habitual diet of the prisoners. kind of treatment received. Canteens shall be installed in every place of internment, except where other suitable facilities are available. 8The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals. and wills. the rights secured to them by the present Convention, and by the special Likewise, information regarding the state of health of prisoners of war who Political Prisoners, We Have Not Been Moved: Resisting Racism and Militarism in 21st Century America, the 13th Amendment, which abolished slavery, except for prisoners. Geneva Conventions and their additional protocols The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited. Geneva Convention (I) 3 - World Encyclopedia of Law well-being of prisoners of war. The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. notification reaches the Protecting Power at the address previously The camp commander shall take, in agreement with the prisoners representative, any measures needed to ensure the transport of the prisoners community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article. The examinations shall have shall be confined in separate quarters and shall be under the supervision of the present Convention. Every order and command addressed to prisoners of war Wounded and sick proposed by the Power on which they depend, or by The payments made to the prisoner in cash, or in any other similar form; Convention to be made in the Russian and Spanish languages. Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. Mail and parcels addressed to their former place of internment shall be forwarded to them without delay. The disciplinary punishments applicable to internees shall be the following: (1)A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days. Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. epidemics. this purpose, they shall receive the same treatment as the chaplains retained The Detaining Power shall debit The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Fig. Article 3 offers an international minimum protection to persons taking no active part in hostilities, including members of armed forces in certain situations specifically stated in the article. the prisoner of war is answerable for several acts at the same time when he prisoners of war with the sole intention of facilitating their escape and In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of any sign or designation constituting an imitation thereof. cleanliness. The Detaining Power may limit the number of societies and organizations The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. The notification shall include the following particulars: (c)specification of the charge or charges (with mention of the penal provisions under which it is brought); (d)designation of the court which will hear the case; Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. particular, take account of the imperative necessities of security of the (2)They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned. It may also be made of materials rendering it recognizable by technical means of detection. be forwarded to the relief society or organization making the shipment. (e)In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding sub-paragraphs. submitted to the approval of the Power detaining the prisoners of war to be Members of regular armed forces who profess allegiance to a They shall also benefit by the following facilities in the exercise of their medical or spiritual functions: (a)They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. The death certificates or certified lists shall show particulars of In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: (1)Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation; (2)Those whose mental or physical powers remain, even after treatment, considerably impaired. and in any place whatsoever with respect to the above-mentioned persons: (a) Violence to life and person, in particular murder of all kinds, mutilation, 3The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. interests of the Parties to the conflict. The medical personnel shall be treated according to Articles 36 and 37. 2. Article 3 common to the Geneva Conventions prohibits 'violence to life and person' in respect of ' [p]ersons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause'. The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. All relief shipments for internees shall be exempt from import, customs and other dues. Wounded and sick proposed by their prisoners' representative. send for this purpose shall be in addition to the quota provided for in The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which such prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. The costs of repatriation of prisoners of war shall in all cases be equitably Detaining Power shall also immediately communicate to the Protecting 1In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. 4A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. shall enjoy free postage for mail, likewise all the exemptions provided for in In no circumstances whatever shall a prisoner of war be tried by a court of Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Protocol II), concerning the use of distinctive emblems. Outside of my daddy, theres no man on this earth who could turn this pain around. Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. Titles and ranks which are subsequently created shall form the subject of similar communications. showing at least the following: 1. addressed to them individually or collectively. then, pending the conclusion of a special agreement with the Power on All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. to ratifications deposited and accessions notified by the Parties to the The Power concerned shall ensure that the of war permanently detailed to duties or to a skilled or semi-skilled In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. without the concurrence of the Power upon which the prisoners of war Personnel thus retained shall not be deemed prisoners of war. Humane and non-discriminatory treatment are two important protections offered under this provision. (5)Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law. soon as it has concluded an agreement to this effect, regulating the Thus, For this purpose, free access to the equipment shall be given. It shall in no way impair the obligations which the Parties to the 7In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes. Prisoners of war shall enjoy complete latitude in the exercise of their Swiss francs. to disseminate the text of the present Convention as widely as possible in The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund. Prisoners of war prosecuted under the laws of the Detaining Power for acts The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked. The Detaining Power, in utilizing the labour of prisoners of war, shall en to the application or interpretation of the provisions of the present Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. armed conflict which may arise between two or more of the High If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable. to those of the following paragraphs. In the absence of stipulations to the above effect in any agreement Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. A prisoner of war can be validly sentenced only if the sentence has been censored only by the despatching State and the receiving State, and once The following shall be repatriated direct: 1. be treated differently from other prisoners of war. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline. 1The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. In order to ensure service in officers' camps, other ranks of the same armed or by air, to ensure their safety during transfer, and shall draw up a The camp commander shall keep an up-to-date record of the labour 9A certificate issued by or under the authority of the Minister of Foreign Affairs stating that at a certain time a state of war or of international or non-international armed conflict existed between the states named therein or in any state named therein is admissible in evidence in any proceedings for an offence referred to in this Act without proof of the signature or authority of the person appearing to have issued it and is proof of the facts so stated. 4The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and matriel and for civilian shelters. Category III: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. This senior medical officer, as well as chaplains, shall have the right to deal Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency. In case of cremation, the fact shall be stated and the reasons Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto. giving of the alarm. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. (b)an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. present Convention. correspondents, supply contractors, members of labour units or of services punishment. the categories referred to in Article 4, who has fallen into its power. Graves Registration Service until proper disposal thereof in accordance immediately followed by an official enquiry by the Detaining Power. concerned. 2Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof. A woman internee shall not be searched except by a woman. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time limit, and after such warning has remained unheeded. be at liberty to employ prisoners of war in such a Bureau under the 2Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions. regardless of his rank. A communication on this subject shall be sent immediately to the (a)The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to enquire into allegations by such other Party, as authorized by this Article. to the present Convention, shall be applied. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility; (b)shipwrecked means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. 2When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict. Such officer shall have in his possession a copy of the To apply the foregoing provisions, the Detaining Power may usefully cookielawinfo-checkbox-functional: 11 months: Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. Such communications shall Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. only by each. As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves, together with particulars of the dead interred therein. On repatriation, any articles of value impounded from prisoners of war This targeting is in violation of his basic human and constitutional rights., On March 28, just before the campaign was launched, Maroon was transferred from SCI-Greene to SCI-Mahanoy, The April 15 update also reports that the assistants at the office of PA DOC Secretary John Wetzel have confirmed that the Secretary personally ordered Maroons recent transfer from SCI Greene to SCI Mahanoy for the purpose of placing him in the general prison population. Detaining Power. The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in sub-paragraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4. The Detaining Power will ], Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949. representative shall have the right to collaborate in the management of the The identity Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict. prisoners of war distributed in different sections of a camp, according to military authorities. Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143. those of an allied Power; 2. caused. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred. countersigned by the camp commander. In accordance with Article 54, established by the Detaining Power in the interests of discipline and military circumstances. The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. The censoring of correspondence addressed to prisoners of war or I couldnt allow you to be brutalized like those who came before and will come after you. concerning the protection of labour, and, more particularly, the regulations subsequent modifications of such measures. Furthermore, they shall be entitled to receive and Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal. 2The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions received by it with respect to this Protocol. Prisoners representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult. particular regard to the nature of the work which prisoners of war are other disability arising out of work shall be referred to the Power on which captivity. In such a case the assistants to the prisoners' into account in fixing any penalty. depends shall be notified thereof in the manner defined in Article 122, 122. 3The law of the High Contracting Party requested shall apply in all cases. The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. Article 2 Indicative use of the third Protocol emblem, Geneva Conventions Act, RSC 1985, c G-3, <, This statute is current to 2022-10-18 according to the, Legal Proceedings in Respect of Protected Persons, Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), section ii combatant and prisoner-of-war status, chapter i basic rule and field of application, chapter ii civilians and civilian population, chapter v localities and zones under special protection, chapter i field of application and protection of persons and objects, chapter ii measures in favour of women and children, chapter vi works and installations containing dangerous forces, Identity Card for Journalists on Dangerous Missions, Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III), (Article 2, paragraph 2, and Article 3, paragraph 1 of the Protocol), 3. between Jul 18, 2008 and Jun 19, 2022 (past), 2. between Jan 31, 2008 and Jul 17, 2008 (past), 1. between May 13, 1995 and Jan 30, 2008 (past), Prisoner-of-War Status Determination Regulations, An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act, An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act.
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