The texts of GWS and GWS-SEA are found in AFP 110-20. For background discussion and analysis of text, see ICRC, Commentary To The Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick In Armed Forces In The Field, (Pictet ed. 1952); Draper, The Red Cross Conventions (1958); Gutterridge, "The Geneva Conventions of 1949," 26 Brit. Y.B. Int'l. L. 294, 308 (1949); Pictet, "The New Geneva Conventions For The Protection of War Victims," 45 Am. J. Int'l. L. 470 (1951); 10 Whiteman, Digest of International Law 351 (1968); Yingling and Ginnane, "The Geneva Conventions of 1949," 46 Am. J. Int'l. L. 400 (1952). The texts of the earlier conventions are found in 1 The Law of War, A Documentary History (Friedman ed. 1972) as well as a variety of other sources. For a discussion from the vantage point of the Vietnam War, see Bond, "Protection of Non-Combatants in Guerrilla Wars," 12 Wm. and Mary L. Rev. 787 (1971) and Note, "Civilian Protection in Modern Warfare: A Critical Analysis of the Geneva Civilian Convention of 1949," 14 Va. J. Int'l. L. 123-50 (1973).

2 On the GPW, see chapter 13, this publication; on GC, see chapter 14. As examples of references to wounded and sick in these Conventions, see GPW, Articles 17, 19, 30, 47, 54, 55, 98, 109-117 and GC, Articles 14-22, 56-57, 91, 132. For discussion of prohibition of attacks against such protected facilities, see paragraph 5-5, this publication.

3 See chapter 11. Other proposed changes in ICRC Draft Protocol I include definitions of various terms such as wounded and sick, enhanced protection generally for medical transport and a variety of other clarifying and strengthening features. Other changes are described, as appropriate, elsewhere in this publication.

4 See authorities supra note 1.

5 A combatant who, though wounded, has not laid down his arms and is continuing to fight is not protected by the Conventions from attack. He is not hors de combat and thus is not protected by GWS or Article 23c, HR. For discussion see Pictet, Commentary on the First Convention 133; Draper, supra note 1, at 76. Wounded and sick members cannot renounce rights secured to them under the Convention or under special agreements to enhance their rights (Art 7). Article 46, GWS, and Article

47, GWS-SEA, prohibit reprisals against wounded and sick.

6 See paragraph 5-5 for discussion of the rule prohibiting attacks on fixed and mobile medical units and medical transports.

7 See chapter 4 for discussion of protection of medical aircraft.

8 See chapter 8, this publication, for discussion of misuse of distinctive medical signs as constituting perfidy. In Trial of Heinz Hagendorf found in 13 UN Law Reports of Trials of War Criminals 146148 (1948), a soldier was convicted of the offense of firing a weapon at US soldiers from an enemy ambulance displaying such an emblem. The Red Cross is not used by all nations. For example, Turkey uses the Red Crescent; Iran, the Red Lion and Sun. Israel signed GWS subject to the reservation that it will use a Red Shield of David as its distinctive sign. See US Army, FM 27-10, Law of Land Warfare, 95 (1956). Identification is not a condition precedent to protection but is a necessary corollary requirement to make any protection fully effective. Thus GWS Article 44 affirms the marking of medical units and establishments in order to obviate the possibility of any hostile action. The US Reservation is listed in 6 UST 3114, 3214; TIAS 3362; 213 UNTS 378-380 and 10 Whiteman, Digest of International Law 377 (1968). Problems relating to distinctive emblems vis a vis modern automated warfare and camouflage are discussed in Freymond, "Confronting Total War; A Global Humanitarian Policy," 67 Am. J. Int'l. L. 672, 688–689 (1973).

9 In addition to sources in footnote 1, supra, see Brittin and Watson, International Law for Seagoing Officers (1960); Colombos, The International Law of the Sea, 462, 547 (5th ed. 1962); 2 Schwarzenberger, International Law, International Courts, The Law of Armed Conflict 436 (1968); Tucker, "The Law of War and Neutrality at Sea," US Naval War College, 1955 International Law Studies (1957); Mallison, Studies in the Law of Naval Warfare: Submarines in General and Limited Wars," US Naval War College, 1966 International Law Studies (1968). 10 Whiteman, Digest of International Law 559 et seq. (1968); Mossop, "Hospital Ships in the Second World War," 24 Brit. Y.B. Int'l. L. 398 (1947).

13-1. Introduction. The 1949 GPW Convention represents the latest formal international consensus on the treatment required for captured combatants during periods of international armed conflict. Its predecessors include the 1929 GPW Convention and provisions of the 1907 Hague Regulations. 2 In large measure it elaborates and reinforces basic principles relating to PWs contained in earlier agreements and reflecting customary international law. 3 The Convention is one of four distinct 1949 Geneva Conventions applicable to the protection of war victims, and its provisions are interrelated to the other Conventions. The Convention, containing 143 Articles, is divided into six major parts. It is accompanied by five annexes including a model agreement for repatriation of wounded and sick prisoners and regulations for the work of mixed medical commissioners provided for in Article 112. Some features of the 1949 GPW are common to all four 1949 Geneva Conventions including Part I, General Provisions, and Part VI, General & Final Provisions, and are discussed elsewhere. 5

6

13-2. General Protection of PWS (Part II: Arts. 12-16). Article 12 declares that PWs are in the hands of the enemy power, not the individuals or units which capture them.7 It authorizes transfer of PWS to another State Party to the Convention but only after the detaining power is satisfied of the transferee's willingness and ability to apply the Convention. The transferring power retains residual responsibility after such transfers. Article 13, GPW, states,

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention.

In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisal against prisoners of war are prohibited. 8

Articles 14, 15, and 16 provide further specific requirements such as those relating to medical care and prohibiting adverse distinctions based on race, nationality, religious belief, political opinions or similar criteria.

These provisions prohibit killing or mistreatment of PWs whatever the military reasons, even when their presence retards a captor's movement, diminishes his power of resistance or endangers his own self-preservation. 9

13-3. Beginning of Captivity. (Arts 17-20). Under Article 17, each party to a conflict must issue an identity card to every person under its jurisdiction liable to become a PW showing name, rank, serial number, and date of birth. 10 When questioned a PW is bound only to provide this information. Physical or mental torture or any other form of coercion to secure information of any kind, whatever is prohibited. 11 Effects and articles of personal use (aside from military equipment, arms or ammunition) are to remain in the PW's possession. However, currency and other items of value may be taken on order of an officer after issuance of a receipt. Articles 19 and 20 provide for the prompt evacuation of PWS from the combat zone to camps for their detention.