General von

and Colonel Gilinsky.

Chapter IV tion to the fact that operations on the part of an Opposition by undrilled population against an army had become. Schwarzhoff more and more hopeless. On the other hand, General Gross von Schwarzhoff of Germany, who was warmly supported by Colonel Gilinsky of Russia, protested against the proposition, which in his opinion would wipe out the distinction between a popular uprising or levée en masse in a country which was in danger of invasion, and a similar uprising in a district which had already been invaded by a hostile army. He claimed that he was the last to deny the rights and duties of patriotism; every one must be free to enter the army, and even civilians could organize independently. The most informal organization would suffice, as well as the simplest distinctive emblem. He considered that Article 2 in its present form was not without its dangerous omissions, in that the open carrying of arms and the having of a fixed distinctive emblemn recognizable at a distance should also be required. While he had resolved to vote for the Article in a spirit of conciliation, "at this point, however," said the German Delegate, most emphatically, "my concessions must cease; it is absolutely impossible for me to go one step further, to follow those who speak of an absolute unlimited right of defence."

Humanity to soldiers.

Much was said on the subject of humanity, but in his opinion it was time to remember that soldiers too were human beings, and that tired and exhausted soldiers approaching their quarters after heavy combats and long marches had a right to feel sure

of the amend

that apparently peaceable inhabitants should not Chapter IV suddenly prove to be wild and merciless enemies. Finally, the propositions of Sir John Ardagh and Withdrawal Colonel Kuenzli were both withdrawn, and the ments. declaration proposed by M. de Martens was adopted unanimously, both as a compromise and as a substitute.

Chapter II. On Prisoners of War

property of

ARTICLE 4. Prisoners of war are in the power of Status of the the hostile Government, but not in that of the indi- persons and viduals or corps who captured them. They must be prisoners of humanely treated. All their personal belongings, except arms, horses, and military papers, remain their property.

war.

ARTICLE 5. Prisoners of war may be detained in Their detena town, camp, or any other locality, and bound not tion. to go beyond certain fixed limits; but they can only be confined as an indispensable measure of safety.

ARTICLE 6. The State may utilize the labor of Their labor prisoners of war according to their rank and apti- for the State tude. Their tasks shall not be excessive, and shall individuals. have nothing to do with military operations.

Prisoners may be authorized to work for the Public Service, for private persons, or on their own

account.

Work done for the State shall be paid for according to the tariffs in force for soldiers of the national army employed on similar tasks.

When the work is for other branches of the Public Service or for private persons, the conditions shall be settled in agreement with the military authorities.

or private

The wages of the prisoners shall go towards wages. improving their position, and the balance shall be

L

Chapter IV paid them at the time of their release, after deducting the cost of their maintenance.

Their treat

ment as

ARTICLE 7. The Government into whose hands prisoners of war have fallen is bound to maintain. regards food, quarters, and them. clothing.

Discipline.

Discussion on attempts to escape.

Failing a special agreement between the belligerents, prisoners of war shall be treated, as regards food, quarters, and clothing, on the same footing as the troops of the Government which has captured them.

ARTICLE 8. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.

Any act of insubordination warrants the adoption, as regards them, of such measures of severity as may be necessary.

Escaped prisoners, recaptured before they have succeeded in rejoining the army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.

Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment for the previous flight.

Concerning Article 8 a long discussion took place in the Committee on the subject of the escape of prisoners of war. Finally it Finally it was admitted, as in the Brussels Convention of 1874, that an attempt at escape could not remain entirely unpunished, but that the degree of punishment should be limited, so as to forestall the temptation to regard such an attempted escape as something similar to desertion before the enemy, and therefore punishable

66

by death. In consequence, the restrictive words Chapter IV disciplinary punishment" were adopted, it being understood that this restriction had no application to cases where the escape or the attempt to escape was accompanied by special circumstances, constituting, for example, a plot, a rebellion, or a riot. In such cases the prisoners would be punishable under the first paragraph of the Article, declaring them to be subject to the laws and regulations in force in the army of the State into whose hands they have fallen.

The proposal of the Brussels Conference contained the provision that it was permissible, after a summons to halt, to use arms against an escaping prisoner of war. This provision was stricken out of the present Articles. The Committee did not deny the right to fire on an escaping prisoner of war, if military regulations so provided, but it did not seem necessary or proper to provide such formal extreme measures in the body of these Articles.

name and rank.

ARTICLE 9. Every prisoner of war, if questioned, Disclosure of is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class.

ARTICLE 10. Prisoners of war may be set at lib- Parole. erty on parole, if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfil, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.

Chapter IV

Not obligatory.

Breach of parole.

Correspon

reporters, and

campfollowers.

ARTICLE 11. A prisoner of war cannot be forced to accept his liberty on parole; similarly the hostile Government is not obliged to assent to the prisoner's request to be set at liberty on parole.

ARTICLE 12. Any prisoner of war who is liberated on parole and recaptured bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war and can be brought before the Courts.

ARTICLE 13. Individuals who follow an army dents, without directly belonging to it- such as newspaper correspondents and reporters, sutlers and contractors - who fall into the enemy's hands, and whom the latter see fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army which they were accompanying.

Bureau of information.

ARTICLE 14. A Bureau of Information relative to prisoners of war shall be instituted, on the commencement of hostilities, in each of the belligerent States and, when necessary, in the neutral countries. on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and shall be furnished, by the various services concerned, with all the necessary information to enable it to keep an individual. return for each prisoner of war. It shall be kept informed of detainments and changes, as well as of admissions into hospital, and deaths.

It shall also be the duty of the Bureau of Information to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or