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examination by the Mixed Medical Commissions provided for in the foregoing Article:
1. Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a
Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his
functions in the camp.
2. Wounded and sick proposed by their prisoners' representative.
3. Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized
by the said Power and giving assistance to the prisoners. Prisoners of war who do not belong to one of the
three foregoing categories may nevertheless present themselves for examination by Mixed Medical
Commissions, but shall be examined only after those belonging to the said categories. The physician or
surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed
Medical Commission, likewise the prisoners' representative of the said prisoners, shall have permission to
be present at the examination.
Article 114
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the
provisions of this Convention as regards repatriation or accommodation in a neutral country.
Article 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation
or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his
punishment. Prisoners of war detained in connection with a judicial prosecuti on or conviction and who are
designated for repatriation or accommodation in a neutral country, may benefit by such measures before
the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to
the conflict shall communicate to each other the names of those who will be detained until the end of the
proceedings or the completion of the punishment.
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Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
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http://voelkerrecht.euv-frankfurt-o.de
37
Article 116
The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from
the frontiers of the Detaining Power, by the Power on which the said prisoners depend.
Article 117
No repatriated person may be employed on active military service.
Section II
Release and repatriation of prisoners of war at the close of hostilities
Article 118
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In
the absence of stipulations to the above effect in any agreement concluded between the Parties to the
conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining
Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle
laid down in the foregoing paragraph. In either case, the measures adopted shall be brought to the
knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be
equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This
apportionment shall be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs
of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners
of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the
Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to
the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement
shall in no circumstances justify any delay in the repatriation of the prisoners of war.
Article 119
Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the
present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to
those of the following paragraphs. On repatriation, any articles of value impounded from prisoners of war
under Article 18, and any foreign currency which has not been converted into the currency of the Detaining
Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are
not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under
Article 122. Prisoners of war shall be allowed to take with them their personal effects, and any
correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the
Viadrina International Law Project
http://www.vilp.de
Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
38
conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all
cases be authorized to carry at least twenty-five kilograms. The other personal effects of the repatriated
prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon
as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of
the costs involved, with the Power on which the prisoner depends. Prisoners of war against whom criminal
proceedings for an indictable offence are pending may be detained until the end of such proceedings, and,
if necessary, until the completion of the punishment. The same shall apply to prisoners of war already
convicted for an indictable offence. Parties to the conflict shall communicate to each other the names of any
prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be established for the purpose of
searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.
Section III
Death of prisoners of war
Article 120
Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the
legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements
in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates in the form annexed to the present Convention, or lists certified by a responsible officer, of
all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War
Information Bureau established in accordance with Article 122. The death certificates or certified lists shall
show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of
death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a
view to confirming death and enabling a report to be made and, where necessary, establishing identity. The [ Pobierz całość w formacie PDF ]

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