C. R. G. C. /P(48)55
Appendix E
Page 312
INTERDEPARTMENTAL COMMITTEE ON THE
ONVER
REVISION OF THE GENEVA CONVENTIONS
REPORT BY THE CHAIRMAN
APPENDIX E REPORT OF THE TECHNICAL WORKING PARTY ON COMP
See Report - paragraphs 108(g) and 113)
COMPENSATION FOR INJURIES AT WORK
PART I
TION
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British service men who, on or after discharge from the forces, suffer from disablement due to their internment as prisoners of war, whether as a result of employment or otherwise, are eligible for awards under the War Pensions oodes. We therefore consider that a prisoner's own government should be responsible for compensating him, after his repatriation, in res eat of any disability due to his employment during his internment as a prisoner of war.
2. In considering the position during captivity we had regard to the following:-
3.
(a) In Great Britain, the Workmen's Compensation Acts will soon be
superseded by the National Insurance (Industrial Injuries) Act,....... under which an employed person and his employer will both pay weekly contributions in order to provide financial benefits in respect of incapacity or death due to accidents during employment.
(b) As there is no contract of employment between the employer and the prisoner of war we do not think that the new Act as it stands would apply to a prisoner of war in this country. Moreover, the benefits provided under the Aot include long term or permanent awards, e.g. widows' pensions, and as stated in paragraph 1, we are not in favour of compensation being paid by the Detaining Power after the prisoner's repatriation.
(0)
We considered whether it would be desirable that provision should be made for some extra payment to be made to a prisoner, injured at work, while he was in hospital or otherwise undergoing treatment. We reached the conclusion that it would be unwise to distinguish, for example, between two prisoners of war in hospital, one of whom was injured at work, and the other was injured in the camp.
We are, therefore, in agreement with the conclusions in sub-paragraph (a) and (b) of paragraph 11 of C.R.G. C./P(47) 20, which are as follows:-
4.
'(a) that the Detaining Power should not be required to pay any
monetary compensation to prisoners of war in respect of injuries arising out of work;
(b) that compensation for such injuries should be the responsibility
of the prisoner's own Government."
PART II DOCUMENTATION OF INJURIES AND DISEASES
The Ministry of Pensions representative stated that in considering entitlement to compensation under the War Pensions codes, it is immaterial whether the disablement or death of a British prisoner of war during his internment was due to his employment or not. The Ministry would, therefore, like to have the fullest information possible of the medical history of all British prisoners of war during their captivity, since the difficult cases are those where no claim arises until years after repatriation.
5.
We consfag that Afti 14 of the Convention should provide that a Detaining Power should be obliged to send to the Centra Agency esord of all admissions to hospital showing dates of admission and discharge
A prisoner of war should be and nature of illness and treatment given.
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given a certificate containing this information if he requests it. We realise that this appears to be a more onerous provision than that in Artiolag3 but frisoners should be made Page 313the provisions of the Convention, many, if not most of them, would, in any event, avail themselves of the provisions of Articles 14 and 27 as amended, as proposed by the 1947 Geneva Conference of Government Experts. In this connection we note that it is proposed that copies of certificates under Article 14 are to be sent to the Central Agency whereas under Article 27 it is proposed they shall be sent to the International Red Cross.
6. If, however, it is decided
for information being given to that it is not practicable to legislates
the Central (or I.R.C.) in every case, then we would recommend that Articles 14 and 27 should be amended as proposed by the 1947 Conference, subject to the point mentioned above as to the destination of the duplicate certificates, and possibly to some drafting amendments to the provision relating to certificates in Article 27.
PART III - COMPENSATION FOR PERSONAL EFFECTS LOST BY PRISONERS
OF WAR AFTER CAPTURE
7. In view of the experience of the 1939/45 war, we are of the opinion that, as a matter of principle, a prisoner of war who loses personal effects after capture should not fare better in the matter of compensation than a soldier who loses his personal effects in battle.
8.
Although there are divergencies between the three British Services it is the general policy to refuse to pay for the personal effects of soldiers, sailors and airmen lost in battle, the exception being losses due to marine war risk in respect of which insurance can be effected.
:
9. In practice, the adoption of the principle stated in paragraph 7 would mean that British prisoners of war would not receive compensation from the British Government for personal effects lost during captivity.
10. We are of the opinion that if merchant seamen are to be given the protection of the Convention the British merchant seaman who loses his effects after capture should not receive more favourable terms in the matter of compensation than that given to the seaman who loses his effects as a result of enemy action at sea.
11.
We note that the 1947 Geneva Conference of Government Experts proposed that Article 6 of the Convention should be amended to allow articles of value, as well as sums of money, to be taken from prisoners by order of an officer. While we appreciate the need for such amend- ment (from the security point of view) we consider that the Article should specifically provide for the return to the prisoner of the articles taken from him when he is repatriated.
12. Having regard to the foregoing considerations we are in agreement with the view expressed in sub-paragraph 11(c) of C. R. G.C./P(47) 20, viz:
"that where personal effects of a prisoner of war were lost in circumstances for which a Detaining Power or its agents might be held responsible, any claim for compensation should be dealt with by the prisoner's own Government, except that the Detaining Power should be required to replace free of charge to the prisoner of war any article which he needs for personal use during captivity."
:
We are, however, of opinion that nothing should be stated in the Convention as to payment of compensation since if it were provided that compensation was the liability of the prisoner's own Government, theft of his valuables might be encouraged or, at any rate, would be more likely to occur. Moreover, such a provision in an international Convention might be quoted against the principle set out in paragraphs 7 and 9 if this were officially adopted by this country. This principle would almost certainly be challengep by some when our prisoners of war were repatriated, and it might be very difficult to hold it if the Conventiespectans stated that compensation was a matter for the prisoner's own Government.
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13.
"PART IV SUMMARY OF RECOMENDATIONS
(a) The Detaining Power should not be required to pay any monetary
compenget3b4 of 488soners of war in respect agein jur Des 4 from accidents at work;
(b) compensation for such injuries should be the responsibility
of the prisoner's own Government;
(c) provision should be made for information to be sent to the Central Agency (or International Red Cross) as to all admissions to hospital, giving dates of admission and discharge and nature of illness and treatment;
(a) if (c) is impracticable, Articles 14 and 27 should be
amended as proposed by the 1947 Geneva Conference of Government Experts;
(e) if Article 6 is amended to authorise the removal of valuable
articles belonging to prisoners of war, there should be a specific provision for the return of the articles on repatriation;
(f) where personal effects of a prisoner of war are taken from him and are not returned to him in repatriation, any claim for compensation should be dealt with by his own Government but the Detaining Power should be required to replace, free of charge, any article which is necessary for his personal use during captivity: but nothing should be stated in the Convention as regards payment of compensation.
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