There are several ways offsets could be applied to deter adversaries and assure allies in the contemporary operating environment. The Third Offset could be part of a cost-imposing concept designed to achieve limited objectives in peacetime great-power competition. It is not only technology but also how new capabilities are employed that produces military power. It requires new concepts for employing the systems and training on how to operate them as part of a larger joint fight.
The strategy is unlikely to reach its full potential until the joint community develops new operating concepts. The Department of Defense should pursue a joint wargaming initiative designed to generate new concepts around the proposed offset technologies. Wargames serve as a time-tested mechanism for generating new ideas about warfare. There is a long history of using wargaming to develop new tactics and operating concepts in the profession of arms. Navy used the Naval War College to generate new ideas about fleet tactics and employing emerging capabilities like aircraft carriers.
In , Admiral Joseph Reeves moved from heading the tactics department at the Naval War College, where he used wargaming to develop new concepts for carrier aviation, to commanding the USS Langley , an experimental carrier. There is a new interest in the use of wargaming to generate new operating concepts. There are best practices associated with analytical wargames used to develop new concepts.
Third, the games have to be recorded and the decision calculus tracked in order to facilitate discussion about options. These observations enable a robust dialogue after the game, encouraging critical reflection on the nature and character of war. Games should start conversations, not end them.
Fourth, the games should clearly distinguish between tactical engagements and operational-level campaigns. Operational-level games help participants situate campaign-level objectives and determine which options are available, given a new capability. Do new capabilities open up entirely new objectives and lines of effort in the campaign planning process? Fifth, the game designers need to choose the format that best facilitates concept development. Kriegsspiel descends from a Prussian game used to train operational and tactical decisionmaking. Applied to modern wargaming, free and rigid kriegsspiels imply analytical games with a more structured rule set.
These rules could be based on everything from force-ratio calculations to the limits of certain weapons systems or allied preferences. Unlike seminar and matrix games, these rules are established in advance as opposed to interpreted and debated. To develop a modern joint concept, wargames must specify a military problem in the context of a clear political objective and provide a forum in which practitioners can imagine a wide range of possible solutions.
Rigid bureaucracies like military organizations require arenas outside the normal chain of command in which to develop new ideas about fighting war. Electromagnetic Railgun launches projectiles using electricity instead of chemical propellants for use aboard ships, June 21, U. The Third Offset is a central idea in U. First, the wargames should be structured in a manner that recreates the interwar loop at the Naval War College. This dialogue should be rooted in an active research program, thereby implying a requirement for more rigorous publication standards for JPME-granting institutions, and should integrate students.
Major research universities incorporate graduate students into their investigations, and the same should be true for JPME-granting institutions that also offer accredited graduate degrees. The officers in attendance, typically field grade officers, have the types of tactical-level insights and recent battlefield experiences that make games more realistic.
The schoolhouses could become hothouses of ideas, sites where officers engage in research and take ownership of the ideas that will become future doctrine. Such a move would require a significant shift to current curriculum development approaches in JPME institutions. Curriculum is often overprescribed based on the requirements of the Chairman of the Joint Chiefs of Staff, Officer Professional Military Education Policy, and host institution instructions.
Two institutions are taking steps to remedy the current state of affairs, however. The U. Army War College is seeking to link research faculty and students to current strategic priorities of the Chief of Staff of the Army and the larger joint community. In September , the college designed and played a wargame for the U.
Played by a mix of students and technical experts, the game explored future modernization options for mission command networks. ARCIC is also exploring the use of online gaming environments to conduct virtual maneuvers in order to assess prototypes. European Command and the Marine Corps Warfighting Lab in focused research lines linked to ongoing concept development. For example, in students researched the future of warfighting in a megacity and tested their concepts through seminar-style wargames.
Though promising, these initiatives should be funded and connected to joint concept development in a more deliberate manner that incentivizes civilian faculty and JPME students to collaborate on developing new concepts to test ideas like the Third Offset through forums such as wargames. Second, the joint community should take ideas developed in wargaming the Third Offset in schoolhouses and crowdsource them.
There is a new interest in crowdsourcing and predictive marketplaces in businesses and the Intelligence Community. Each individual has a different piece of information that could aid in making a decision. Collecting and comparing these different viewpoints increases the chances of being correct about the future.
IW: PRINCIPLES OF THIRD - WAVE WAR
Applied to wargaming the Third Offset, the joint concept development community should take the concepts developed at schoolhouses and in operational units and test and refine them through crowdsourcing. Using a variety of unit-level exercises would provide a higher level of fidelity to experimentation and help the military spot innovative leaders.
For example, a low-cost means to tap into the wisdom of crowds would be to task every Army brigade to submit a Third Offset—related new concept, organizational change, or technological improvement that would fundamentally change the way they operate. As the ideas are vetted, the Army could identify bright tactical-level officers and noncommissioned officers who are comfortable with innovating.
This group of innovators could then be put to work in a variety of settings, such as U. These efforts could build a tactical cascade of innovative behavior that can serve as a guide to new overarching doctrine that applies Third Offset technological advances. The crowd could expand beyond the military to include social scientists and historians in civilian academic institutions and the private sector. There is an emerging precedent for crowdsourcing in the national security arena. Agency for International Development launched the Defense, Diplomacy, and Innovation Summit in search of new approaches to interagency collaboration from all ranks in each institution.
In practice, this approach to wargaming the Third Offset implies the following. First, the joint concept community would collaborate with JPME institutions to design games that introduce Third Offset capabilities in campaigns linked to current war plans. Students playing these games would then work with faculty to develop research initiatives on new concepts. These concepts, as solution sets to the military problem in the game, would then be crowdsourced and stress-tested across a larger community. Parallel experimentation would occur in tactical units, creating a competitive marketplace of ideas.
Such an approach has the potential to reinvigorate JPME institutions and develop leaders of future military thought. The joint force needs to usher in a new era of conceptual experimentation. To maintain its long-term competitive advantage, the U. To integrate capabilities ranging from rail guns and high-energy lasers to big data and artificial intelligence and robotics, however, the joint force needs to usher in a new era of conceptual experimentation. The next joint concept should emerge through wargaming proposed offset capabilities. These analytical forums would allow the larger national security community to assess a broad range of alternative future operating concepts and force structures.
Officers should take an active role and imagine future battlefields as part of their JPME experience and field exercises, learning to analyze the art and science of military practice. Officers and the civilian academics who work in JPME should be incentivized to research and critique alternative operating concepts that emerge from the wargames. Pursued along these lines, the net benefit of wargaming the Third Offset could well be to empower a new generation of military leaders to take ownership of intellectual development in the profession of arms.
Article 36 Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. Article 37 When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners, or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office.
This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. Article 38 While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. Article 40 The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. Article 41 In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners' own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
Article 42 The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. Titles and ranks which are subsequently created shall form the subject of similar communications. The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend.
Article 44 Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. In order to ensure service in officers' camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work. Supervision of the mess by the officers themselves shall be facilitated in every way.
Article 45 Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. Supervision of the mess by the prisoners themselves shall be facilitated in every way. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred.
Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure.
Article 47 Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or if they are exposed to greater risks by remaining on the spot than by being transferred.
Article 48 In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners' representative, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article. The costs of transfers shall be borne by the Detaining Power. Non-commissioned officers who are prisoners of war shall only be required to do supervisory work.
Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. Article 50 Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: a Agriculture; b Industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; c Transport and handling of stores which are not military in character or purpose; d Commercial business, and arts and crafts; e Domestic service; f Public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article Article 51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilizing the labour of prisoners of war, shall en sure that in areas in which prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary measures. Article 52 Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power's own forces. The removal of mines or similar devices shall be considered as dangerous labour. Article 53 The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin.
Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece-work are employed, the length of the working period shall not be rendered excessive thereby. Article 54 The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require.
The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article Article 55 The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do. If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp.
Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. Article 56 The organization and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. Article 57 The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect.
International humanitarian law and the protection of war victims
Article 59 Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.
Article 60 The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts: Category I: Prisoners ranking below sergeant: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss francs. Category m: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs.
Category V: General officers or prisoners of equivalent rank: seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power: a Shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above; b May temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable , but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.
The reasons for any limitations will be given without delay to the Protecting Power. Article 61 The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.
Article 62 Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners, representative and approved by the camp commander.
If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. Article 63 Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively. Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested.
Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependants shall be given priority. In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency.
The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention. Article 64 The Detaining Power shall hold an account for each prisoner of war, showing at least the following: 1.
The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.
Article 65 Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners' representative acting on his behalf. Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them.
They shall be given certificates for any other monies standing to the credit of their accounts. The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. Article 66 On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances.
Such lists shall be certified on each sheet by an authorized representative of the Detaining Power. Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. Article 67 Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend.
Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. Article 68 Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it.
This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power.
The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article They shall likewise inform the parties concerned of any subsequent modifications of such measures.
Article 70 Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article , on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health.
The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. Article 71 Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention.
Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power.
Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons. Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal.
They shall likewise benefit by-this measure in cases of urgency. As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to offices of destination. Article 72 Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. Article 73 In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners' representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.
Article 74 All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article and the Central Prisoners of War Agency provided for in Article , shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control.
The other Powers party to the Convention shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. Article 75 Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the Inter national Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means railway wagons, motor vehicles, vessels or aircraft, etc.
For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts. Such transport may also be used to convey:. These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby. Article 76 The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter , it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him.
The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
Article 77 The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article , of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures.
They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article They must be transmitted immediately.
Even if they are recognized to be unfounded, they may not give rise to any punishment. Prisoners' representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this Article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In all cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents.
Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs. Article 80 Prisoners' representatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention.
Prisoners' representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. Article 81 Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require.
All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties inspection of labour detachments, receipt of supplies, etc. Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative.
All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war.
Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 7 1. Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. General provisions Article 82 A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders.
However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. Article 83 In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.
Article 84 A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article Article 85 Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.
Article 86 No prisoner of war may be punished more than once for the same act, or on the same charge. Article 87 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges. Article 88 Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.
Disciplinary sanctions Article 89 The disciplinary punishments applicable to prisoners of war are the following: 1. A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.
Discontinuance of privileges granted over and above the treatment provided for by the present Convention. Fatigue duties not exceeding two hours daily. The punishment referred to under 3 shall not be applied to officers. In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war. Article 90 The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
Article 91 The escape of a prisoner of war shall be deemed to have succeeded when: 1. He has joined the armed forces of the Power on which he depends, or those of an allied Power; 2. He has left the territory under the control of the Detaining Power, or of an ally of the said Power; 3. He has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape.
Article 92 A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance.
Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. Article 93 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. Article 94 If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article , provided notification of his escape has been made. Article 95 A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence , or if it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
Institute for Research on Public Policy
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. Article 96 Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter.
The decision shall be announced to the accused prisoner of war and to the prisoners' representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. Article 97 Prisoners of war shall not in any case be transferred to penitentiary establishments prisons, penitentiaries, convict prisons, etc.
All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men. Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women.
Article 98 A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters.
Just War Theory
Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. Judicial proceedings Article 99 No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.
- The German Army 1939-45;
- The Physics of the Standard Model.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. Article Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power upon which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.
Article If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article Article A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
Article Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security.
In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
Article In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial.