CAB129-33 — Page 238

My Committee further recommend that the fundamental rights referred to in paragraph 60 above should include:-

(a) Articles 2, 3 and 4;

(b) prohibition of work directly connected with operations

against an enemy or the production or handling of weapons or munitionsor in any zone of active operations;.

(0)

•

the conditions governing the use of prisoners of war on unhealthy or dangerous work;

(a) the prohibition of work contrary to the religious beliefs

of a prisoner of war;

(e) essential provisions regarding fair trial and permissible

punishments;

(f) the absolute right to ultimate repatriation provided that

belligerents should be free by mutual agreement to

determine when and under what conditions such repatriation

should take place. (C.R.G.C.M(48)12, Item 91)

62. Work. Two major questions arose regarding the kind of work on which prisoners of war might be used. The 1929 Prisoners of War Convention prohibits use of prisoners of war:-

63.

(a) on unhealthy or dangerous work (Article 32);

(b)

on any work having any direct connection with the operations of the war, and particularly the manufacture or transport of arms or munitions of any kind, or the transport of material for combatant units (Article 31)..

There

These provisions gave difficulty in most countries during the Second World War and, in consequence, to many varied interpretations. was general agreement at the 1947 Geneva Conference of Government Experts that they needed amendment; but complete agreement on new provisions · was not reached.

64. With regard to paragraph 62(a) the 1947 Geneva Conference of Government Experts recommended permitting employment on unhealthy or dangerous work, provided that the prisoners of war are given the same treatment in respect of accommodation, food, clothing, the same equipment and training as well, etc. as those applicable to Nationals of the Detaining Power (and of course, not less favourable than the conditions generally applicable to prisoners of war). The existing Article has given rise to protests by prisoners of war against employment on such tasks as the removal of debris, the cleaning out of dirty ditches, removal of manure heaps, eto.

65. The 1947 Conference also recommended the prohibition of employment of prisoners of war on work, which if performed by a soldier of the Detaining Power would be regarded as degrading.

66. My Committee recommend acceptance of the recommendations of the 1947 Geneva Conference of Government Experts described in paragraphs 64 and 65 above (J. R. G. C. /Mi(48)7, Item 50).

67. The difficulties arose on the provisions referred to in paragraph 64(b) above. This question is almost certain to give rise to difficult discussions in any future International Conference. The representatives of countries which were occupied during the war will almost certainly press for a very restrictive definition, whilst the United States may press for an elastic definition which would, nevertheless, exclude

The bas;

attempt

any work prable 38 figs though not for the Servipesse 38 recommended by my Committee (see paragraph 71 below)

steer between these conflicting views and, if it is approved, as a broad statement of the United kingdom attitude, there is ground for hope that

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a future International Conference may agree on a formula not substantially different from it.