CAB129-33 — Page 281

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195. P.. Article 45 (45) laws, regulations and orders of the Detaining Tower to be applicable. (See also para raphs 97 to 101 above). My Jommi tee, following generally the recommendations of the 1947 Geneva Conference potologmentggerts, except on the teagent3648ners of war accused (But not yet convicted) of war crimes, recommend that the application of "the laws, regulations and orders in force in the armed forces of the Detaining Power" should be subject to the following provisos:

(a) that they do not conflict with the Prisoners of War Convention or involve treatment contrary to the religious faith of a prisoner of war: the last provision is recommended in order to guard against the kind of insult to Sikh prisoners of war in Germany during the Second World War, when, in strict accord with German regulations, they were made, on conviction, to shave their heads;

(b) that regard be had to the duty which a prisoner of war owes

to his own country;

(c) that any special orders or legislation applicable to prisoners

of war should differentiate against them only for circumstances arising out of their internment;

(a) the safeguards for prisoners of war accused of war crimes

referred to in paragraphs 99 to 101 above;

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(e) that, in the case of a prisoner of war convicted of a war

crime the Proteating Power be informed of the charge and punishment and given opportunity to interview the convicted person. (C.R.G.C./M(48)10, Item 70)

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2.6. P.W. Article 46. my Committee recommend a new Article dealing with the punishments of women prisoners of war, re-affirming, in particular relation to punishments, the general principle that women should not be treated less favourable, at any time, than men. (See also paragraphs 92 and 234 above, and 298, 354 and 383 below). (C.R.G.C./ki(48)10, Item 71)

General Principles governing Punishments

297. P.. Article 47 (46)* The 1947 Geneva Conference of Government Experts recommended an additional provision that prisoners of war should be tried by the same courts as members of the forces of the Detaining Power, in order to exclude special (and perhaps non-military) tribunals being set up to try prisoners of war only.

298. My Committee recommend that the United Kingdom delegation to a future International Conference should support the recommendation referred to in paragraph 297 above; and that they should propose another additional provision that

"Women prisoners of war undergoing punishment shall be

confined in separate premises from men and shall be under

the immediate supervision of women" (C.R.G.C./M(48)10, Item 72)

299. P.. Article 48 (47 paragraph 3)+ Under the 1929 Prisoners of War Convention periods in arrest (before punishment or trial) have to be deducted from the sentence, whether disciplinary or judicial, "provided such deduction is permitted in the case of members of the national armed forces". The 1947 Geneva Conference of Government Experts recommended the Omission of the words in inverted commas above and my Committee recommend approval of this recommendation. (C. R. G. J. /M(48)10, Items 72 and 82)

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300. The representative of the one Office reminded my Committee that there is no authority in the United Kingdom for the deduction from a sentence by a civil court of a period spent in arrest. My Committee took note of this fact;

but did not consider their recommendation should be modified on that account, having regard to the need for safeguarding British prisoners of war in enemy hands.

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