CAB129-33 — Page 271

Page 271

225. P.W. Article 1 - Persons covered by the Convention. (see also for "Partisans" paragraphs 37 to 43 above and for "Protected Personnel" paragraphs 155 to 167 above and paragraphs 363 to 365 below). France and other European powers, following experience in the Second World War, want to extend the protection of the Prisoners of War Convention (and also the wounded and Sick Convention) to everyone who takes up arms against an enemy, whether continuously or intermittently.

226. Article 1 of the 1929 Prisoners of War Convention covers:-

(a) all those referred to in the first three Articles of

the Regulations annexed to the Hague Convention of the 18th October, 1907 concerning the Laws and Customs of War on Land, viz:-

(i) the army and, subject to certain conditions,

militia and volunteer forces;

(ii) the spontaneously risen inhabitants of an

invaded territory, subject to certain conditions

who are captured in land warfare;

(b) all those belonging to the "armed forces" who are captured

in the course of maritime or aerial war.

227. There was general agreement at the 1947 Geneva Conference of Government Experts that any new Convention should specifically cover:-

(a) all members of the armed forces (see also (f) below);

(b) all members of militia and volunteer forces, subject to

the 1907 Hague Rules, viz:-

(i) they must be commanded by a person responsible

for his subordinates;

(ii) they must have a fixed distinctive sign recognisable

at a distance;

(iii) they must carry arms openly; and

(iv) they must conduct their operations in accordance

with the laws and customs of war;

(o) all merchant seamen, captured at sea;

(d) "mass levies" (see paragraphs 226(a)(ii) above);

(e) civilian members of air crews, provided that they are connected with the armed forces of a belligerent;

(f) members of the armed forces (whether serving, reservists or demobilised) taken into custody by a belligerent because they are such;

(g) camp followers (now covered by Article 81 of the 1929

Prisoners of War Convention which is recommended to be merged into Article 1);

but there were differences of opinion at the 1947 Geneva Conference of Government Experts regarding two classes, viz:-

Pabe 24partisans"

and oth

ther

meaning resistance movements frregulars (see paragraphs 44 to 38 above)!!

or

(j) merchant seamen arrested in port.

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228. Regarding the latter, the United States and some other countries would treat them as civilian interness. Experience in this country during the Second World War points strongly to treating all interned merchant seamen 49 prisoners of war;

and the ministry Tranggort favour thior British me

British merchant seamen, provided ways that their status as "non-combatants" is made clear.

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229. My Committee recommend that, subject to paragraph 41 above, all the classes referred to in paragraph 226 above, and any other merchant seamen who may be interned, should be covered by the Prisoners of War Convention (C. R. G. C. (47)2, Item 12).

230. P.W. Article 1 - Other Questions.

132

(a)

"Surrendered Enemy Personnel" 50 above;

see paragraphs 44 to

·

(b) Derogations from the provisions of the Convention -

see paragraphs 51 to 54;

(c) "Intangibility" of the Convention-see paragraphs 55

to 61 above.

231. P.W. Article 2 This and Articles 3 and 4 of the 1929 Prisoners of War Convention lay down basic principles. Apart from the questions arising on transfers of prisoners of war from one Detaining Power to another already considered in paragraphs 72 to 80 above, this Article calls for no comment.

232. P.W. Article 3

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see Part IV.

233. P.W. Article 4 The 1947 Geneva Conference of Government Experts recommended two changes, viz:-

that the Detaining Power should provide "free of charge" all necessary maintenance, "including medical care".

These changes are designed to make it clear that the Detaining Power is wholly responsible for providing for all prisoners of war all essentials, "free of charge". Hitherto officers were required to pay for their food and clothing (Article 22); other ranks were provided free. The change for officers is linked with the changes recommended regarding pay (see paragraph 108(b) above).

234. The 1947 Conference also recommended that privileged treatment would be permissible only if based on;-

(a) military rank;

or (b) physical or mental health;

or (c)

age;

235.

or (a) professional capacity;

or (e) sex(see also paragraphs 92 above and 296,298,354 and 383 below)

My Committee recommend approval of the recommendations referred

to in paragraphs 233 and 234 above.

236. P.W. Article 5

Interrogation

(C. R. G. C. /M(47)4, Items 30 and 31).

see Part IV

237. P.W. Article 6 prisoners of war at the 1947 Geneva Conference Paragraph 426 below)

Transfers from one place to another 238. Part IV-Fagetanafof488on one Fower to anotherpe prins 72 to 80 and 231 above; see also paragraphs 266 to 269 below.

deals with personal effects in possession of a time of capture. The recommendations of the of Government Experts call for no comment. (See also

P.W. Article 7

see

perips872

239. P.W. Article 8 is unnecessary in view of Articles 36 and 77.

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47

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240. P.. Article 9 regulates the general character and situation of internment camps. The 1947 Geneva Conference of Government Experts recommended that the Article be strengthened and made more elastic, and in particul95: of 488