CAB129-33 — Page 244

a fair trial, i.e. a triagfi44048 all those guarantees as to means of defence afforded by the legal systems of civilised countries."

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卓

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100. My Committee are satisfied that there is very strong feeling on this question in many countries and particularly in those occupied during the Second World War; and for this reason it may not prove possible to secure eggeptance soner of war accused of a war crime should

a future International Conferences of 4 the British View that the

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retain his prisoner of war status unless and until he is proved guilty, after a fair trial. They consider that nevertheless a strong effort should be made to establish this view; but, as this may not succeed, they have thought it wise to suggest an alternative, which might ultimately command general agreement as a reasonable compromise.

101. They therefore recommend that the United Kingdom delegation to a future International Conference:-

(a) should endeavour to secure that a prisoner of war

charged with a war Crime should enjoy full benefits and protection under the Convention until he has been tried and convicted of the offence, the trial to have been conducted in accordance with the terms of the Convention;

(b) should seek, if unsuccessful with (a), to preserve for

a prisoner of war charged with a War Crime, prisoner of war status, with necessary modifications in treatment; but that, in any case, they should receive adequate food, clothing, shelter, medical treatment etc., and facilities for preparing their defence and keeping in touch with the Protecting Power.

(C. R. G. C. /L. (48)10, Item 67)

102. Death Penalty. The. 1929 Prisoners of War Convention requires an interval of at least three months to elapse between the passing and execution of a sentence of death on a prisoner of war (Article 66). The 1947 Geneva Conference of Government. Experts, having regard to experience during the Second World War, recommended that this period be increased to six months, in order to allow adequate time for a full report of the proceedings to reach, through the Protecting Power, the Power in whose forces the prisoner of war was serving at the time of capture, and for any representations from the latter to reach the Detaining Power.

103. The 1947 Conference also recommended that the Prisoners of war. Convention should prohibit the death penalty being imposed under any legislation or order specially made by a Detaining Power for prisoners of war (see paragraph 97(b) above).

104. My Committee recommend that the United Kingdom delegation to a future International Conference should support the recommendations of the 1947 Geneva Conference of Government Experts:-

105.

(a) that the minimum interval between the passing and

execution of a sentence of death on a prisoner of war should be increased to six months;

(b)

that the Detaining Power should be prohibited from imposing the death penalty under any legislation or orders, special to prisoners of war.

“(C. R. G. C. /M (48)10, Items 70 and 00)

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The 1929

Financial Provisions of Prisoners of War Convention. Prisoners of War Convention has a number of scattered provisions regarding the financial treatment of prisoners of war by the Detaining Power, viz:-

soner

Sums of money taken from a prisoner or war on capture (Article 6) Pay of Officers (Article 23)

ate of Exchange to govern officers pay (Article 23) Adjustment between belligerents for officers pay (Article 23) Officers to pay for food and clothing (Article 22) Pate $550648spital and medical treatment etc article 14)

Amount of cash allowed to prisoners of war24510 488 Disposal of foreign currencies belonging to prisoners of war (Article 24)

age

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Disposal of credit balances (Article 24) Remittances by prisoners of war (Article 24) Remittances to prisoners of war (Artiole 38) Basis of payment for work (Article 34),

Pagymanto for work done for private indiva4f98 28)

Compensation for injuries at work (Article 27)

Expenses of repatriation or transport to neutral country

(Article 73)

Canteen profits (Article 12)

106. Many of these provisions proved unworkable during the Second World War; and others gave rise to criticism. For example, the requirements that officers should receive the rate of pay applicable to their rank in the forces of the Detaining Power, or in their own forces, whichever was the lower, and should pay for their food and clothing worked inequitably as between officers in German and Italian hands; and the absence of any provision for advances of pay for other ranks led to difficulties regarding non commissioned officers in particular.

107. The 1947 Geneva Conference of Government Experts recommended

(a) that all financial provisions in the Prisoners or mar

Convention should be brought together in a special chapter;

(b) that they should be radically altered on lines proposed

by the United Kingdom delegation, based generally on the United Kingdom practice in the Second World War.

The recommendation referred to in paragraph 107(b) above may be summarised as follows:

.108.

(a) the Detaining Power should provide officers, as well as other ranks, with all necessary maintenance, including food, clothing, medical and hospital treatment and appliances, etc., free of charge;

(b)

all prisoners of war should receive from the Detaining Power pay at pocket-money rates to be laid down in the Convention;

(c) payments in his own country desired by a prisoner of war to be made from his credit balance with the Detaining Power, and any such credit balance at the time of his repatriation or death, to be notified to the Government in whose forces he was serving at the time of capture for settlement;

(a) an account to be maintained by the Detaining Power for

each prisoner of war showing all sums due to him or received for him and all sums issued to him or paid out on his behalf; and this account to be accessible to him and to the representatives of the Protecting Power for inspection;

(0)

sums taken from a prisoner of war on capture

(i) if in the currency of the Detaining Power, or

if converted into that currency at his request, to be credited to his account (see (d) above);

(ii) if in any other currency (and not converted

under (i)) to be treated as personal effects and returned to him on repatriation, or, in the event of his death, to the Power in whose forces he was serving at the time of capture;

(f) rates of working pay to be fixed by the Detaining Power

subject to a minimum laid down in the Convention, and notified to the adverse Powers concerned;