CAB129-33 — Page 269

(i) under normal humane and under reasonably safe

conditions;

or (ii) if necessary for their own safety (paragraph 83);

(k) Repatriation on termination of hostilities:

that

prisoners of war should normally be repatriated as soon as possible after termination of hostilities (paragraph 87);

(1) Other Repatriation questions: that proposals to

prohibit either differentiation in selection of prisoners of war for repatriation, or the repatriation of prisoners of war against their will be opposed (paragraph 91);

(m) Code of Discipline and Law applicable:

that, subject

to certain modifications, the recommendations of the 1947 Geneva Conference of Government Experts be accepted (paragraphs 97 and 98);

(n) Suspected ar Criminals: that prisoners of war accused of war crimes should not be deprived of all rights as prisoners of war unless convicted (paragraph 101);

(0) Death Penalty: that an interval of at least six

months should elapse between sentence of a prisoner of war to death and his execution; and that no legislation or orders peculiar to prisoners of war should involve the death. penalty (paragraph 104);

(P) Finance: see summary in paragraph 108 as modified

by paragraph 114;

(a) Relief Supplies:

that the recommendations of the 1947 Geneva Conference of Government Experts be supported (paragraph 120);

(r) Transport by land of Relief Supplies: that the

recommendations of the 1947 Geneva Conference of Government Experts be supported (paragraph 125);

(s) Transport by sea of Relief Supplies, etc: that

no objection be raised, in principle, to Red Cross Transports, provided that belligerents are not committed in advance to support thereof nor to any particular financial responsibility (paragraph 134);

(t) Transport by air of Relief Supplies, etc:

that if

provision has to be made in the Frisoners of War Convention, it should be in vague permissive terms (paragraph 139);

(u) Medical Aircraft: that they should be immune from

attack if flying on routes, at heights and times agreed between belligerents (paragraph 143);

(v) Substitute for Protecting Fower: that provision be

made for acceptance by a Detaining Fower of a substitute for a Frotecting ower, provided that certain conditions are fulfilled (paragraph 148);

(w) Obligation to teach the Conventions: that the

recommendations of the 1947 Geneva Conference of

Page 6gnofnt8&xperts be accepted (Par69 65488

(x) Protected Personnel: that personnel hitherto

protected from becoming prisoners of war under the

1.1.

222.

Red Cross Convention, should in future become prisoners of war on capture, should nevertheless be respected and immune from attack, and, after capture, allowed all Page feedom when caring for wage2af418,8

that surplus doctors and nurses should be repatriable (paragraph 162); that the United Kingdom delegation to a future International Conference should not open the question of excluding from "protection" medical personnel not engaged in care of wounded and siok, but should be fully briefed on the subject (paragraph 160);

(y) Red Cross Emblem:

(i) that the use of the Red Cross by the International

Red Cross, Voluntary Aid Societies and on civil ambulances, should not be opposed (paragraph 178);

(ii) that the use of the Red Cross to protect civil

hospitals should be accepted, subject to certain conditions (paragraphs 178 and 180);

(z) Red Cross Emblem at Sea: that the "protective" use of the Red Cross by ships set aside for the carriage exclusively of relief supplies, mail, etc. for prisoners of war and by ships used for the exchange of repatriable personnel, should be accepted but its use by small rescue ships or craft should be opposed (paragraph. 185);

(aa) Red Cross markings on Aircraft: that aircraft fulfilling

the conditions set out in paragraph 143(b) above (see (u) above) should be allowed to be marked with the Red Cross (paragraph 189);

(bb) Encircled Zones and Hospital Zones: that the recommend- ations of the 1947 Geneva Conference of Government Experts, regarding special agreements allowing access to and from encircled zones and immunity from attack for "hospital zones", should not be opposed (paragraph 197);

(cc) Civilian Help:

that the United Kingdom delegation to a future International Conference should oppose making assistance by civilian populations to enemy wounded and siok subject to a condition of not withholding them "from the eventual control" of the authorities (paragraph 203);

(dd) Finger-Prints: that any provision in the Conventions

for finger-prints on identity documents or prisoner of war records should be permissive (paragraph 207);

(ee) War Crimes and Sanctions:

that the United Kingdom delegation to a future International Conference should Oppose references being made in the Red Cross, Prisoners of War or Maritime Conventions to war crimes or penalties attaching to them; but should be authorised on certain lines to compromise, if necessary (paragraph 217).

The recommendations referred to in paragraph 221(b), (h), (u), (bb), (cc), are subject to the views of the Chiefs of Staff see Appendix A)

(w),

·

223. The remarks on the Treatment of Women (paragraph 92 above) and on Parole (paragraphs 93 to 95 above) have been included in this part

of my Report because they seemed of high importance; but no recommend- ations calling for decision by higher authority arise on these subjects.

PART III OTHER IMPORTANT QUESTIONS

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Page 27 Prisoners of War Convention page 270 of 488

224. A new Article, was recommended by the 1947 Geneva Conference of Government Experts about the application of the Convention to

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131Undeclared Wars and Civil Wars. This has already been considered in paragraphs 30 to 36 above