一九二九年七月二七日「ジュネーブ」ニテ調印
日本未批准
獨逸國大統領(以下元首名省略)ハ
戰爭ナル極端ノ場合ニ於テ能フ限リ其ノ避クヘカラサル慘害ヲ輕減シ且俘虜ノ状態ヲ緩和スルコトハ一切ノ國ノ義務タルコトヲ認メ
「ヘーグ」ノ國際條約殊ニ戰爭法規及慣例ニ關スル條約竝ニ之ニ付屬スル規則ヲ作成シタル原則ヲ擴張センコトヲ欲シ(中略)後左ノ如ク協定セリ
(List of Contracting Parties)
Recognizing that, in the extreme event of a war, it will be the duty of every Power, to mitigate as far as possible, the inevitable rigours thereof and to alleviate the condition of prisoners of war;
Being desirous of developing the principles which have inspired the international
conventions of The Hague, in particular the Convention concerning the Laws
and Customs of War and the Regulations thereunto annexed,
Have resolved to conclude a Convention for that purpose and have appointed
as their Plenipotentiaries:
(Here follow the names of Plenipotentiaries)
Who, having communicated their full powers, found in good and due form,
have agreed is follows.
第一編 總則
PART I GENERAL PROVISIONS
第一條 本條約ハ第七編ノ規定ヲ害スルコトナク左ノ者ニ適用セラルヘシ
Article 1. The present Convention shall apply without prejudice to the stipulations of Part VII:
(一)陸戰ノ法規慣例ニ關スル一九〇七年一〇月一八日ノ「ヘーグ」條約付屬規則第一條、第二條及第三條ニ掲クル一切ノ者ニシテ敵ニ捕ヘラレタル者
(1) To all persons referred to in Articles 1, 2 and 3 of the Regulations annexed to the Hague Convention (IV) of 18 October 1907, concerning the Laws and Customs of War on Land, who are captured by the enemy.
(二)交戰當事者ノ軍ニ屬シ海戰又ハ空戰中ニ於テ敵ニ捕ヘラレタル一切ノ者但シ捕獲ノ状況カ本條約ノ適用ヲ不可能ナラシムル場合ハ此ノ限ニ在ラス然レトモ右ノ除外ハ本條約ノ基本的原則ヲ害スルコトヲ得ス捕ヘラレタル者カ俘虜收容所ニ達シタルトキハ直ハ右ノ除外ハ消滅スヘシ
(2) To all persons belonging to the armed forces of belligerents who are captured by the enemy in the course of operations of maritime or aerial war, subject to such exceptions (derogations) as the conditions of such capture render inevitable. Nevertheless these exceptions shall not infringe the fundamental principles of the present Convention; they shall cease from the moment when the captured persons shall have reached a prisoners of war camp.
第二條 俘虜ハ敵國ノ權内ニ屬シ之ヲ捕ヘタル個人又ハ部隊ノ權内ニ屬スルコトナシ
俘虜ハ常ニ博愛ノ心ヲ以テ取扱ハルヘク且暴行、侮辱及公衆ノ好奇心ニ對シテ特ニ保護セラルヘシ
俘虜ニ對スル報復手段ハ禁止ス
Art. 2. Prisoners of war are in the power of the hostile Government, but not of the individuals or formation which captured them.
They shall at all times be humanely treated and protected, particularly against acts of violence, from insults and from public curiosity.
Measures of reprisal against them are forbidden.
第三條 俘虜ハ其ノ人格及名譽ヲ尊重セラルヘキ權利ヲ有ス婦人ハ女性ニ對スル一切ノ斟酌ヲ以テ待遇セラルヘシ
俘虜ハ其ノ私權ノ完全ナル享有能力ヲ保持ス
Art. 3. Prisoners of war are entitled to respect for their persons and honour. Women shall be treated with all consideration due to their sex.
Prisoners retain their full civil capacity.
第四條 俘虜捕獲國ハ俘虜ヲ給養スルノ義務ヲ負フ
俘虜ノ待遇ノ差別ハ其ノ待遇ヲ受クル者ノ軍事的階級、肉體的又ハ精神的健康状態、職業的技能又ハ性ノ區別ニ基クニ非サレハ不法トス
Art. 4. The detaining Power is required to provide for the maintenance of prisoners of war in its charge. Differences of treatment between prisoners are permissible only if such differences are based on the military rank, the state of physical or mental health, the professional abilities, or the sex of those who benefit from them.
第二編 捕獲
PART II CAPTURE
第五條 俘虜ハ其ノ氏名階級又ハ登録番號ニ付訊問ヲ受ケタルトキハ實ヲ以テ答フヘキモノトス
若右ノ規定ニ背クトキハ同種ノ俘虜ニ與ヘラルル利益ヲ制限セラルルコトアルヘシ
俘虜ノ所屬軍又ハ其ノ國ノ状況ニ關スル情報ヲ獲得スル爲俘虜ニ何等ノ拘束モ加ヘラルルコトナカルヘシ囘答ヲ拒絶スル俘虜ハ脅迫、侮辱ヲ受クルコトナカルヘク又如何ナル性質タルヲ問ハス不愉快又ハ不利益ヲ被ラシメラルルコトナカルヘシ
俘虜ニシテ肉體的又ハ精神的理由ニ依リ其ノ身分ヲ示スコト能ハサル者ハ衞生部ニ委託セラルヘシ
Art. 5. Every prisoner of war is required to declare, if he is interrogated on the subject, his true names and rank, or his regimental number.
If he infringes this rule, he exposes himself to a restriction of
the privileges accorded to prisoners of his category.
No pressure shall be exercised on prisoners to obtain information
regarding the situation in their armed forces or their country. Prisoners
who refuse to reply may not be threatened, insulted, or exposed to unpleasantness
or disadvantages of any kind whatsoever.
If, by reason of his physical or mental condition, a prisoner is
incapable of stating his identity, he shall be handed over to the Medical
Service.
第六條 個人用ノ衣類及物品(武器、馬匹、軍用裝具及軍用書類ヲ除ク)竝ニ金屬兜及瓦斯豫防「マスク」ハ俘虜ノ保有タルヘシ
俘虜ノ所持スル金錢ハ將校ノ命ニ依リ且金額ヲ檢證シタル後ニ非サレハ取上クルコトヲ得サルヘシ取上ケタル金額ニ付テハ受取證ヲ交付スヘシ右金錢ハ各俘虜ノ勘定ニ記入セラルヘシ
身分證明書、階級ノ徽章、勳章及貴重品ハ俘虜ヨリ取上クルコト得サルヘシ
Art. 6. All personal effects and articles in personal use -- except arms, horses, military equipment and military papers -- shall remain in the possession of prisoners of war, as well as their metal helmets and gas-masks.
Sums of money carried by prisoners may only be taken from them on
the order of an officer and after the amount has been recorded. A receipt
shall be given for them. Sums thus impounded shall be placed to the account
of each prisoner.
Their identity tokens, badges of rank, decorations and articles of
value may not be taken from prisoners.
第三編 拘束
PART III CAPTIVITY
第一款 俘虜ノ後送
SECTION I EVACUATION OF PRISONERS OF WAR
第七條 俘虜ハ危險圈外ニ置カルル爲捕獲後成ルヘク速ニ戰鬪區域ヨリ充分遠サカリタル地域ニ在ル收容所ニ後送セラルヘシ
俘虜ニシテ負傷又ハ病氣ノ爲後送スルコトカ現地ニ留ルヨリモ一層危險ナル者ニ限リ一時危險區域ニ留置セラルルコトヲ得ヘシ
俘虜ハ戰鬪區域ヨリ後送セラルル前無益ニ危險ニ曝サルルコトナカルヘシ
徒歩ニ依ル俘虜ノ後送ハ通常一日二十「キロメートル」ノ旅程ヲ以テ爲スヘキモノトス但シ水及食料ノ貯藏所ニ到達スル必要上一層長キ旅程ヲ必要トスル場合ハ此ノ限ニ在ラス
Art. 7. As soon as possible after their capture, prisoners of war shall
be evacuated to depots sufficiently removed from the fighting zone for
them to be out of danger.
Only prisoners who, by reason of their wounds or maladies, would
run greater risks by being evacuated than by remaining may be kept temporarily
in a dangerous zone. Prisoners shall not be unnecessarily exposed to danger
while awaiting evacuation from a fighting zone. The evacuation of prisoners
on foot shall in normal circumstances be effected by stages of not more
than 20 kilometres per day, unless the necessity for reaching water and
food depôts requires longer stages.
第八條 交戰者ハ第七七條ニ規定スル俘虜情報局ヲ通シ成ルヘク速ニ一切ノ俘虜ノ捕獲ヲ相互的ニ通告スルノ義務ヲ有ス
一切ノ俘虜ハ成ルヘク速ニ第三六條及以下ニ規定スル條件ノ下ニ自ラ家族ト通信スルコトヲ得セシメラルヘシ
海洋ニ於テ捕ヘラレタル俘虜ニ關シテハ本條ノ規定ハ港ニ到着後成ルヘク速ニ適用セラルヘシ
Art. 8. Belligerents are required to notify each other of all captures of prisoners as soon as possible, through the intermediary of the Information Bureaux organised in accordance with Article 77. They are likewise required to inform each other of the official addresses to which letter from the prisoners' families may be addressed to the prisoners of war.
As soon as possible, every prisoner shall be enabled to correspond
personally with his family, in accordance with the conditions prescribed
in Article 36 and the following Articles.
As regards prisoners captured at sea, the provisions of the present
article shall be observed as soon as possible after arrival in port.
第二款 俘虜收容所
SECTION II PRISONERS OF WAR CAMPS
第九條 俘虜ハ一定ノ地域外ニ出テサル義務ヲ負ハシメテ之ヲ都市、城塞其ノ他ノ場所ニ留置スルコトヲ得ヘシ俘虜ハ又垣ヲ繞ラセル營内ニ留置スルコトヲ得ヘシ幽閉又ハ禁足ハ已ムヲ得サル保安又ハ衞生上ノ手段トシテ且該手段ヲ必要トスル事情ノ繼續中ニ限リ之ヲ爲スコトヲ得ヘシ
不健康地ニ於テ又ハ氣候温和ナル土地ヨリ來レル者ニ對シ有害ナル氣候ノ地ニ於テ捕ヘラレタル俘虜ハ成ルヘク速ニ一層良好ナル氣候ノ地ニ移サルヘシ
交戰者ハ同一收容所内ニ異人種又ハ異國籍ノ俘虜ヲ收容スルコトヲ出來得ル限リ避クヘシ
俘虜ハ如何ナル時タルヲ問ハス戰鬪區域ノ戰火ニ曝サルヘキ地域ニ移送サルルコトナク又其ノ所在ニ依リ或地點又ハ或地域ヲ砲爆撃ヨリ避ケシムル爲ニ利用セラルルコトナカルヘシ
Art. 9. Prisoners of war may be interned in a town, fortress or other place, and may be required not to go beyond certain fixed limits. They may also be interned in fenced camps; they shall not be confined or imprisoned except as a measure indispensable for safety or health, and only so long as circumstances exist which necessitate such a measure.
Prisoners captured in districts which are unhealthy or whose climate is deleterious to persons coming from temperate climates shall be removed as soon as possible to a more favourable climate.
Belligerents shall as far as possible avoid bringing together in the same camp prisoners of different races or nationalities.
No prisoner may at any time be sent to an area where he would be exposed to the fire of the fighting zone, or be employed to render by his presence certain points or areas immune from bombardment.
第一章 俘虜收容所ノ設備
CHAPTER 1 Installation of camps
第一〇條 俘虜ハ衞生及保健ニ付出來得ル限リノ保障アル建物又ハ假建物ニ宿泊セシメラルヘシ
該宿泊所ハ全然濕氣ヲ避ケ、必要ノ程度ニ保温且照明セラルヘシ火災ノ危險ニ對シテハ一切ノ豫防法講セラルヘシ
寢室(總面積、最少氣容、寢具ノ設備及材料)ニ關シテハ捕獲國ノ補充部隊ニ對スルト同一條件タルヘシ
Art. 10. Prisoners of war shall be lodged in buildings or huts which afford all possible safeguards as regards hygiene and salubrity.
The premises must be entirely free from damp, and adequately heated and lighted. All precautions shall be taken against the danger of fire.
As regards dormitories, their total area, minimum cubic air space, fittings and bedding material, the conditions shall be the same as for the depot troops of the detaining Power.
第二章 俘虜ノ食糧及被服
CHAPTER 2 Food and clothing of prisoners of war
第一一條 俘虜ノ定糧ハ其ノ量及質ニ於テ補充部隊ノモノト同一タルヘシ
右ノ外俘虜ハ其ノ處分シ得ル食糧補足品ヲ自ラ調理スル手段ヲ供セラルヘシ
飮料水ハ充分ニ供給セラルヘシ喫煙ハ許サルヘシ俘虜ハ炊事場ニ使役セラルルコトヲ得ヘシ
食糧ニ關スル一切ノ團體的懲罰手段ハ之ヲ禁止ス
Art. 11. The food ration of prisoners of war shall be equivalent in quantity and quality to that of the depot troops.
Prisoners shall also be afforded the means of preparing for themselves such additional articles of food as they may possess.
Sufficient drinking water shall be supplied to them. The use of tobacco shall be authorized. Prisoners may be employed in the kitchens.
All collective disciplinary measures affecting food are prohibited.
第一二條 被服、下着及靴ハ捕獲國ニ依リ俘虜ニ支給セラルヘシ此等用品ノ交換及修理ハ規則的ニ爲サルヘシ右ノ外勞働者ハ勞働ノ性質上必要ナル場合ハ何處ニ於テモ勞働服ヲ支給セラルヘシ
各收容所内ニハ酒保ヲ設ケ俘虜ヲシテ地方的市價ヲ支拂ヒテ食料品及日用品ヲ購買シ得セシムヘシ
酒保ニ依リ收容所管理部ノ收ムル利益ハ俘虜ノ爲ニ利用セラルヘシ
Art. 12. Clothing, underwear and footwear shall be supplied to prisoners of war by the detaining Power. The regular replacement and repair of such articles shall be assured. Workers shall also receive working kit wherever the nature of the work requires it.
In all camps, canteens shall be installed at which prisoners shall be able to procure, at the local market price, food commodities and ordinary articles. The profits accruing to the administrations of the camps from the canteens shall be utilised for the benefit of the prisoners.
第三章 俘虜收容所ノ衞生
CHAPTER 3 Hygiene in camps
第一三條 交戰者ハ收容所ノ淸潔及衞生ヲ確保シ且傳染病豫防ノ爲必要ナル一切ノ衞生的措置ヲ執ル義務アルヘシ
俘虜ハ生理的法則ニ適ヒ且常ニ淸潔ニ保持セラレタル設備ヲ日夜供セラルヘシ
右ノ外收容所カ出來得ル限リ設備スヘキ浴場及灌水浴場ノ外ニ俘虜ハ身體ノ淸潔ヲ保ツ爲充分ナル水ヲ供給セラルヘシ
俘虜ハ運動ヲ爲シ及外氣ニ當ル機會ヲ與ヘラルヘシ
Art. 13. Belligerents shall be required to take all necessary hygienic measures to ensure the cleanliness and salubrity of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In addition and without prejudice to the provision as far as possible of baths and shower-baths in the camps, the prisoners shall be provided with a sufficient quantity of water for their bodily cleanliness.
They shall have facilities for engaging in physical exercises and obtaining the benefit of being out of doors.
第一四條 各收容所ハ醫務室ヲ備ヘ俘虜カ其ノ必要トスルコトアルヘキ有ラユル性質ノ手當ヲ受クルコトヲ得ヘシ必要ニ應シ隔離室ハ傳染病患者ノ用ニ供セラルヘシ
治療ノ費用(補缺用假裝置ノ費用ヲ含ム)ハ捕獲國ノ負擔タルヘシ
交戰者ハ要求アリタルトキハ治療ヲ受ケタル一切ノ俘虜ニ對シ其ノ病氣ノ性質及期間竝ニ受ケタル手當ヲ示ス公ノ證明書ヲ交付スルノ義務アルヘシ
交戰者ハ特別協定ニ依リ醫師及看護人ヲ收容所内ニ留メ置キ之ト同國籍ノ俘虜ヲ介抱セシムルノ權利ヲ相互的ニ有スルコトヲ得ヘシ
俘虜ニシテ重病ニ罹リタル者又ハ其ノ病状カ重大ナル外科手術ヲ必要トスル者ハ捕獲國ノ費用ヲ以テ此等俘虜ヲ治療スルコトヲ得ヘキ一切ノ軍用又ハ民間ノ病院ニ收容セラルヘシ
Art. 14. Each camp shall possess an infirmary, where prisoners of war shall receive attention of any kind of which they may be in need. If necessary, isolation establishments shall be reserved for patients suffering from infectious and contagious diseases.
The expenses of treatment, including those of temporary remedial apparatus, shall be borne by the detaining Power.
Belligerents shall be required to issue, on demand, to any prisoner treated, and official statement indicating the nature and duration of his illness and of the treatment received.
It shall be permissible for belligerents mutually to authorize each other, by means of special agreements, to retain in the camps doctors and medical orderlies for the purpose of caring for their prisoner compatriots. Prisoners who have contracted a serious malady, or whose condition necessitates important surgical treatment, shall be admitted, at the expense of the detaining Power, to any military or civil institution qualified to treat them.
第一五條 俘虜ノ醫學的檢査ハ少クモ月ニ一囘爲サルヘシ該檢査ハ一般ノ健康状態及淸潔状態ノ監督竝ニ傳染病特ニ結核及花柳病疾患ノ檢出ヲ目的トス
Art. 15. Medical inspections of prisoners of war shall be arranged at least once a month. Their object shall be the supervision of the general state of health and cleanliness, and the detection of infectious and contagious diseases., particularly tuberculosis and venereal complaints.
第四章 俘虜ノ智的及道德的要望
CHAPTER 4 Intellectual and moral needs of prisoners of war
第一六條 俘虜ハ軍事官憲ノ定ムル秩序及取締ニ關スル規定ニ服スルコトヲ唯一ノ條件トシテ其ノ宗敎ノ遵行ニ付一切ノ自由ヲ與ヘラレ其ノ宗派ノ禮拜式ニ參列スルコトヲ得ヘシ
俘虜ニシテ或宗派ノ司敎タル者ハ該宗派ノ名稱如何ニ拘ラス自由ニ同宗派ニ屬スル者ノ間ニ宗敎ヲ司ルコトヲ許サルヘシ
Art. 16. Prisoners of war shall be permitted complete freedom in the performance of their religious duties, including attendance at the services of their faith, on the sole condition that they comply with the routine and police regulations prescribed by the military authorities. Ministers of religion, who are prisoners of war, whatever may be their denomination, shall be allowed freely to minister to their co-religionists.
第一七條 交戰者ハ出來得ル限リ俘虜ノ計畫スル智的及體育的娯樂ヲ奬勵スヘシ
Art. 17. belligerents shall encourage as much as possible the organization of intellectual and sporting pursuits by the prisoners of war.
第五章 俘虜收容所内ノ規律
CHAPTER 5 Internal discipline of camps
第一八條 各俘虜收容所ハ責任アル將校ノ管下ニ置カルヘシ
俘虜ハ自國軍内ニ於テ自國人ニ關シ現ニ行ハルル規則ニ依リ定メラレタル禮式ノ外捕獲國ノ一切ノ將校ニ對シテ敬禮スル義務アルモノトス
俘虜タル將校ハ捕獲國ノ上級又ハ同階級ノ將校ニ對シテノミ敬禮スル義務アルモノトス
Art. 18. Each prisoners of war camp shall be placed under the authority of a responsible officer.
In addition to external marks of respect required by the regulations in force in their own armed forces with regard to their nationals, prisoners of war shall be required to salute all officers of the detaining Power. Officer prisoners of war shall be required to salute only officers of that Power who are their superiors or equals in rank.
第一九條 階級ノ徽章及勳章ノ佩用ハ許サルヘシ
Art. 19. The wearing of badges of rank and decorations shall be permitted.
第二〇條 一切ノ規則、命令、通告及公告ハ俘虜ノ了解スル國語ヲ以テ通知セラルヘシ訊問ニ關シテモ同樣ノ主義採用セラルヘシ
Art. 20. Regulations, orders, announcements and publications of any kind shall be communicated to prisoners of war in a language which they understand. The same principle shall be applied to questions.
第六章 將校及之ニ準スル者ニ關スル特別規定
CHAPTER 6 Special provisions concerning officers and persons of equivalent status
第二一條 戰爭開始後直ニ交戰者ハ相當階級ノ將校及之ニ準スル者ノ間ニ於ケル待遇ノ平等ヲ確保スル爲ニ各自國軍内ニ於テ使用セラルル稱號及階級ヲ相互的ニ通知スルノ義務ヲ有スヘシ
俘虜タル將校及之ニ準スル者ハ其ノ階級及年齡ニ相當スル敬意ヲ以テ待遇セラルヘシ
Art. 21. At the commencement of hostilities, belligerents shall be required reciprocally to inform each other of the titles and ranks in use in their respective armed forces, with the view of ensuring equality of treatment between the corresponding ranks of officers and persons of equivalent status.
Officers and persons of equivalent status who are prisoners of war shall be treated with due regard to their rank and age.
第二二條 將校收容所ノ用務ヲ辨セシムル爲將校ト同一軍ニ屬スル兵卒タル俘虜ニシテ且出來得ル限リ同國語ヲ話ス者ヲ該將校收容所ニ派遣スヘシ右兵卒ノ數ハ將校及之ニ準スル者ノ階級ヲ考慮シ充分ナル數タルヘシ
該將校及之ニ準スル者ハ捕獲國ニ依リ支拂ハルル俸給ヲ以テ其ノ食糧及被服ヲ求ムヘシ將校自身ニ依ル日用品ノ管理ハ諸般ノ便宜ヲ與ヘラルヘシ
Art. 22. In order to ensure the service of officers' camps, soldier prisoners of war of the same armed forces, and as far as possible speaking the same language, shall be detached for service therein in sufficient number, having regard to the rank of the officers and persons of equivalent status.
Officers and persons of equivalent status shall procure their food and clothing from the pay to be paid to them by the detaining Power. The management of a mess by officers themselves shall be facilitated in every way.
第七章 俘虜ノ金錢收入
CHAPTER 7 Pecuniary resources of prisoners of war
第二三條 交戰國間ノ特別規定特ニ第二四條ニ規定スル留保シ俘虜タル將校及之ニ準スル者ハ捕獲國ヨリ該國軍ノ相當階級ノ將校ト同一ノ俸給ヲ受クヘシ但シ該俸給ハ俘虜カ其ノ勤務シタル國ノ軍ニ於テ受クル權利ヲ有スル俸給ヲ超過スルコトヲ得ス右俸給ハ出來得レハ月ニ一囘全額ヲ支拂ハルヘク且捕獲國ノ負擔ト爲ルヘキ支出カ俘虜ノ利益ノ爲ナリシ場合ト雖モ該支出ノ爲何等減額ヲ爲スコトヲ得ス
交戰者ハ右ノ支拂ニ適用セラルヘキ爲替相場ヲ協定スヘシ此ノ種ノ協定ナキトキハ戰爭開始ノ際ニ於ケル相場適用セラルヘシ
俸給トシテ俘虜ニ爲サレタル一切ノ支拂ハ俘虜ノ服役シタル國ニ依リ戰爭終了後返濟セラルヘシ
Art. 23. Subject to any special arrangements made between the belligerent Powers, and particularly those contemplated in Article 24, officers and persons of equivalent status who are prisoners of war shall receive from the detaining Power the same pay as officers of corresponding rank in the armed forces of that Power, provided, however, that such pay does not exceed that to which they are entitled in the armed forces of the country in whose service they have been. This pay shall be paid to them in full, once a month if possible, and no deduction therefrom shall be made for expenditure devolving upon the detaining Power, even if such expenditure is incurred on their behalf.
An agreement between the belligerents shall prescribe the rate of exchange applicable to this payment; in default of such agreement, the rate of exchange adopted shall be that in force at the moment of the commencement of hostilities.
All advances made to prisoners of war by way of pay shall be reimbursed, at the end of hostilities, by the Power in whose service they were.
第二四條 交戰者ハ戰爭開始後直ニ各種ノ階級及役種ノ俘虜カ所持スルコトヲ許サルヘキ現金ノ最高限額ヲ協定スヘシ俘虜ヨリ取上ケラレ又ハ留保セラレタル超過額ハ俘虜ニ依リ爲サレタル預金ト同樣俘虜ノ勘定ニ記入セラルヘク且其ノ同意ナクシテ他ノ種ノ貨幣ニ換ヘラルルコトナカルヘシ
俘虜ノ勘定ノ貸方額ハ拘束ノ終了ニ際シ俘虜ニ支拂ハルヘシ
拘束期間中俘虜ハ右金額ノ全部又ハ一部ヲ其ノ本國ノ銀行又ハ個人ニ移送スルニ付便宜ヲ供與セラルヘシ
Art. 24. At the commencement of hostilities, belligerents shall determine by common accord the maximum amount of cash which prisoners of war of various ranks and categories shall be permitted to retain in their possession. Any excess withdrawn or withheld from a prisoner, and any deposit of money effected by him, shall be carried to his account, and may not be converted into another currency without his consent.
The credit balances of their accounts shall be paid to the prisoners of war at the end of their captivity. During the continuance of the latter, facilities shall be accorded to them for the transfer of these amounts, wholly or in part, to banks or private individuals in their country of origin.
第八章 俘虜ノ後送
CHAPTER 8 Transfer of prisoners of war
第二五條 作戰ノ進行上必要ナラサル限リ傷病俘虜ハ旅行ニ依リ其ノ恢復ヲ妨ケラルル虞アル間移送セラルルコトナカルヘシ
Art. 25. Unless the course of military operations demands it, sick and wounded prisoners of war shall not be transferred if their recovery might be prejudiced by the journey.
第二六條 移送ノ場合ニハ俘虜ハ其ノ新ナル目的地ヲ公ニ豫告セラルヘシ俘虜ハ其ノ個人用品、通信及自己宛小包ヲ携帶スルコトヲ許サルヘシ
舊收容所ニ宛テラレタル通信及小包カ遲滯ナク俘虜ニ轉送セラルル爲有用ナル一切ノ措置執ラルヘシ
移送セラレタル俘虜ノ勘定ニ屬スル預金ハ該俘虜ノ新居所ノ權限アル官憲ニ轉送セラルヘシ
移送ニ依リ費サレタル費用ハ捕獲國ノ負擔タルヘシ
Art. 26. In the event of transfer, prisoners of war shall be officially informed in advance of their new destination; they shall be authorized to take with them their personal effects, their correspondence and parcels which have arrived for them.
All necessary arrangements shall be made so that correspondence and parcels addressed to their former camp shall be sent on to them without delay.
The sums credited to the account of transferred prisoners shall be transmitted to the competent authority of their new place of residence.
Expenses incurred by the transfers shall be borne by the detaining Power.
第三款 俘虜ノ勞働
SECTION III WORK OF PRISONERS OF WAR
第一章 總則
CHAPTER 1 General
第二七條 交戰者ハ將校及之ニ準スル者ヲ除キ健康ナル俘虜ヲ其ノ階級及才能ニ從ヒ勞働者トシテ使役スルコトヲ得ヘシ
尤モ將校又ハ之ニ準スル者自己ニ適スル勞働ヲ欲スルトキハ出來得ル限リ之ヲ與フヘシ
俘虜タル下士ハ特ニ報酬的作業ヲ要求セサル限リ監督勞働ニノミ服セシメラルヘシ
交戰者ハ拘束期間ヲ通シ勞働災害ノ罹災者タル俘虜ヲシテ捕獲國ノ法制上同一種類ノ勞働者ニ適用セラルヘキ規定ノ利益ヲ受ケシムル義務アルモノトス右捕獲國ノ法制上ノ理由ニ依リ右ノ如キ規定ノ適用ヲ受クルコト能ハサル俘虜ニ關シテハ該國ハ罹災者ニ對シ衡平ニ賠償スルニ適スル一切ノ措置ヲ執ルヘキコトヲ其ノ立法府ニ建議スル義務アルモノトス
Art. 27. Belligerents may employ as workmen prisoners of war who are physically fit, other than officers and persons of equivalent statue, according to their rink and their ability.
Nevertheless, if officers or persons of equivalent status ask for suitable work, this shall be found for them as far as possible.
Non-commissioned officers who are prisoners of war may be compelled to undertake only supervisory work, unless they expressly request remunerative occupation. During the whole period of captivity, belligerents are required to admit prisoners of war who are victims of accidents at work to the benefit of provisions applicable to workmen of the same category under the legislation of the detaining Power. As regards prisoners of war to whom these legal provisions could not be applied by reason of the legislation of that Power, the latter undertakes to recommend to its legislative body all proper measures for the equitable compensation of the victims.
第二章 勞働ノ組織
CHAPTER 2 Organization of work
第二八條 捕獲國ハ個人ノ爲ニ働ク俘虜ノ給養、手當、俸給及勞銀ノ支拂ニ關シ全責任ヲ負フヘシ
Art. 28. The detaining Power shall assume entire responsibility for the maintenance, care, treatment and the payment of the wages of prisoners of war working for private individuals.
第二九條 俘虜ハ何人ト雖モ肉體的ニ不適當ナル勞働ニ使役セラルルコトナカルヘシ
Art. 29. No prisoner of war may be employed on work for which he is physically unsuited.
第三〇條 俘虜ノ一日ノ勞働時間(往復時間ヲ含ム)ハ過度ナラサルヘク且如何ナル場合ト雖モ該地方ニ於テ同一勞働ニ從事スル民間勞働者ノ爲認メラルル勞働時間ヲ超過スルコトヲ得サルヘシ
各俘虜ニ對シ毎週連續二十四時間成ルヘク日曜日ニ休養ヲ與ヘラルヘシ
Art. 30. The duration of the daily work of prisoners of war, including the time of the journey to and from work, shall not be excessive and shall in no case exceed that permitted for civil workers of the locality employed on the same work. Each prisoner shall be allowed a rest of twenty-four consecutive hours each week, preferably on Sunday.
第三章 禁止勞働
CHAPTER 3 Prohibited work
第三一條 俘虜ニ依リ爲サルル勞働ハ作戰行動ニ何等直接關係ナキモノタルヘシ特ニ俘虜ヲ各種兵器彈藥ノ製造及運搬竝ニ戰鬪部隊ニ宛テラレタル材料ノ運搬ニ使役スルコトヲ禁止ス
前項ノ規定ニ違犯シタルトキハ俘虜ハ命令實行ノ後若ハ實行ノ初ニ當リ第四三條及第四四條ニ規定スル任務ヲ有スル信任者又ハ信任者ナキ場合ハ保護國ノ代表者ノ仲介ニ依リ其ノ要求ヲ提出セシムル自由ヲ有ス
Art. 31. Work done by prisoners of war shall have no direct connection with the operations of the war. In particular, it is forbidden to employ prisoners in the manufacture or transport of arms or munitions of any kind, or on the transport of material destined for combatant units.
In the event of violation of the provisions of the preceding paragraph, prisoners are at liberty, after performing or commencing to perform the order, to have their complaints presented through the intermediary of the prisoners' representatives whose functions are described in Articles 43 an 44, or, in the absence of a prisoners' representative, through the intermediary of the representatives of the protecting Power.
第三二條 俘虜ヲ不健康又ハ危險ナル勞働ニ使役スヘカラス
懲罰ノ手段トシテ勞働條件ノ一切ノ加重ハ禁止セラル
Art. 32. It is forbidden to employ prisoners of war on unhealthy or dangerous work. Conditions of work shall not be rendered more arduous by disciplinary measures.
第四章 勞働分遣所
CHAPTER 4 Labour detachments
第三三條 勞働分遣所ノ制度ハ俘虜收容所ノ制度ト同一タルヘシ特ニ其ノ衞生的條件、食糧、災害又ハ病氣ノ場合ノ手當、通信竝ニ小包ノ受領ニ關シテ然リトス
一切ノ勞働分遣所ハ俘虜收容所ニ屬スヘシ該收容所ノ所長ハ勞働分遣所内ニ於ケル本條約ノ規定ノ勵行ニ付責ニ任スヘシ
Art. 33. Conditions governing labour detachments shall be similar to those of prisoners-of-war camps, particularly as concerns hygienic conditions, food, care in case of accidents or sickness, correspondence, and the reception of parcels.
Every labour detachment shall be attached to a prisoners' camp. The commander of this camp shall be responsible for the observance in the labour detachment of the provisions of the present Convention.
第五章 勞銀
CHAPTER 5 Pay
第三四條 收容所ノ管理、整理及保存ニ關スル勞働ニ對シテハ俘虜ハ勞銀ヲ受ケサルヘシ
他ノ勞働ニ使役セラルル俘虜ハ交戰者間ニ協定セラルヘキ勞銀ヲ受クル權利アルヘシ
該協定ハ又收容所管理部ノ留保スルコトヲ得ヘキ割合、俘虜ニ屬スヘキ金額及拘束中該金額ノ交付セラルヘキ方法ヲ規定スヘシ
右協定ノ締結セラルル迄ハ俘虜ノ勞働ノ報酬ハ左ノ原則ニ從ヒ定メラルヘシ
Art. 34. Prisoners of war shall not receive pay for work in connection with the administration, internal arrangement and maintenance of camps.
Prisoners employed on other work shall be entitled to a rate of pay, to be fixed by agreements between the belligerents.
These agreements shall also specify the portion which may be retained by the camp administration, the amount which shall belong to the prisoner of war and the manner in which this amount shall be placed at his disposal during the period of his captivity.
Pending the conclusion of the said agreements, remuneration of the work of prisoners shall be fixed according to the following standards:
(イ)國家ノ爲ニ爲サレタル勞働ハ當該國軍ニ屬スル軍人カ同一勞働ニ從事スル場合ニ於ケル現行定率ニ從ヒ又ハ定率ナキ場合ハ爲サレタル勞働ニ比例スル率ニ從ヒ支拂ハルヘシ
(a) Work done for the State shall be paid for according to the rates in force for soldiers of the national forces doing the same work, or, if no such rates exist, according to a tariff corresponding to the work executed.
(ロ)他ノ公共團體又ハ個人ノ爲ニ爲サレタル勞働ニ對シテハ軍事官憲ト協議ノ上條件ヲ定ムヘシ
俘虜ノ貸方ニ殘ル金額ハ拘束ノ終了ニ際シ俘虜ニ交付セラルヘシ死亡ノ場合ニ於テハ外交手續ニ依リ死者ノ相續人ニ移送セラルヘシ
(b) When the work is done for other public administrations or for private individuals, the conditions shall be settled in agreement with the military authorities.
The pay which remains to the credit of a prisoner shall be remitted to him on the termination of his captivity. In case of death, it shall be remitted through the diplomatic channel to the heirs of the deceased.
第四款 俘虜ト外部トノ連絡
SECTION IV RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
第三五條 戰爭開始後直ニ交戰者ハ本款ノ規定ノ實施ニ關シ定メラレタル措置ヲ公表スヘシ
Art. 35. On the commencement of hostilities, belligerents shall publish the measures prescribed for the execution of the provisions of the present section.
第三六條 各交戰者ハ各種類ノ俘虜カ一月内ニ發送スルコトヲ許サルヘキ信書及郵便葉書ノ數ヲ定期ニ定メ之ヲ他ノ交戰者ニ通告スヘシ該信書及葉書ハ郵便ニ依リ最短路ニ從ヒ送付セラルヘシ懲罰的理由ヲ以テ此等郵便物ヲ延着セシメ又ハ抑留スルコトヲ得サルヘシ
各俘虜ハ收容所到着後遲クモ一週間以内及病氣ノ場合ニ同樣ニ其ノ家族ニ宛テ捕獲及健康状態ヲ報知スル爲郵便葉書ヲ發送スルコトヲ許サルヘシ該郵便葉書ハ成ルヘク速ニ送付セラルヘク且何等ノ方法ヲ以テスルヲ問ハス遲滯セラルルコトナカルヘシ
通則トシテ俘虜ノ通信ハ其ノ母國語ヲ以テ書カルヘシ交戰者ハ他國語ニ依ル通信ヲ許スコトヲ得ヘシ
Art. 36. Each of the belligerents shall fix periodically the number of letters and postcards which prisoners of war of different categories shall be permitted to send per month, and shall notify that number to the other belligerent. These letters and cards shall be sent by post by the shortest route. They may not be delayed or withheld for disciplinary motives.
Not later than one week after his arrival in camp, and similarly in case of sickness, each prisoner shall be enabled to send a postcard to his family informing them of his capture and the state of his health. The said postcards shall be forwarded as quickly as possible and shall not be delayed in any manner.
As a general rule, the correspondence of prisoners shall be written in their native language. Belligerents may authorize correspondence in other languages.
第三七條 俘虜ハ其ノ食用又ハ被服ニ供スル爲ノ食料品及其ノ他ノ物品ヲ含ム小包郵便物ヲ個人的ニ受領スルコトヲ許サルヘシ小包ハ受取證ト引換ニ名宛人ニ交付セラルヘシ
Art. 37. Prisoners of war shall be authorized to receive individually postal parcels containing foodstuffs and other articles intended for consumption or clothing. The parcels shall be delivered to the addressees and a receipt given.
第三八條 直接又ハ第七七條ニ規定スル情報局ヲ通シテ俘虜ニ宛テラレ又ハ其ノ發シタル信書、金錢又ハ有價物ノ送付及小包郵便物ハ差出國、名宛國及通過國ニ於テ一切ノ郵便料金ヲ免除セラルヘシ
同樣ニ俘虜ニ宛テタル贈與品及救恤品ハ輸入税其ノ他ノ諸税及國有鐵道ノ運賃ヲ免除セラルヘシ
俘虜ハ承認セラレタル急用ノ場合ニハ通常ノ料金ヲ支拂ヒテ電信ヲ發スルコトヲ許サルヘシ
Art. 38. Letters and remittances of money or valuables, as well as postal parcels addressed to prisoners of war, or despatched by them, either directly or through the intermediary of the information bureaux mentioned in Article 77, shall be exempt from all postal charges in the countries of origin and destination and in the countries through which they pass.
Presents and relief in kind intended for prisoners of war shall also be exempt from all import or other duties, as well as any charges for carriage on railways operated by the State.
Prisoners may, in cases of recognized urgency, be authorized to send telegrams on payment of the usual charges.
第三九條 俘虜ハ個人的ニ書籍ノ送付ヲ受クルコトヲ許サルヘク該書籍ハ檢閲セラルルコトヲ得ヘシ
保護國及公認救恤團體ノ代表者ハ俘虜收容所ノ圖書室ニ著作物及書籍集ヲ送付スルコトヲ得ヘシ
檢閲ノ困難ヲ理由トシテ該送付物ヲ圖書室ニ交付スルヲ遲延セシムルコトヲ得サルヘシ
Art. 39. Prisoners of war shall be permitted to receive individually consignments of books which may be subject to censorship.
Representatives of the protecting Powers and of duly recognized and authorized relief societies may send works and collections of books to the libraries of prisoners, camps. The transmission of such consignments to libraries may not be delayed under pretext of difficulties of censorship.
第四〇條 通信ノ檢閲ハ成ルヘク速ニ爲サルヘシ尚小包郵便物ノ監督ハ小包ノ包含スルコトアルヘキ食料品ノ保存ヲ確保スルニ適スル條件ノ下ニ且出來得レハ名宛人又ハ名宛人ニ依リ正當ニ認メラレタル信任者ノ面前ニ於テ爲サルヘシ
軍事上又ハ政治上ノ理由ニ依リ交戰者ノ發令スル通信ノ禁止ハ一時的ノ性質ノミヲ有シ得ヘク且出來得ル限リ短期間タルヘシ
Art. 40. The censoring of correspondence shall be accomplished as quickly as possible. The examination of postal parcels shall, moreover, be effected under such conditions as will ensure the preservation of any foodstuffs which they may contain, and, if possible, be done in the presence of the addressee or of a representative duly recognized by him.
Any prohibition of correspondence ordered by the belligerents, for military or political reasons, shall only be of a temporary character and shall also be for as brief a time as possible.
第四一條 交戰者ハ俘虜ニ宛テラレ又ハ其ノ署名シタル證書、文書又ハ記録特ニ委任状及遺言状ノ送達ニ一切ノ便宜ヲ與フヘシ
交戰者ハ必要アル場合ニハ俘虜ノ爲セル署名ノ公證ヲ確保スルニ必要ナル措置ヲ執ルヘシ
Art. 41. Belligerents shall accord all facilities for the transmission of documents destined for prisoners of war or signed by them, in particular powers of attorney and wills.
They shall take the necessary measures to secure, in case of need, the legalisation of signatures of prisoners.
第五款 俘虜ト官憲トノ關係
SECTION V RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
第一章 拘束制度ニ關スル俘虜ノ苦情申出
CHAPTER 1 Complaints of prisoners of war respecting the conditions of captivity
第四二條 俘虜ハ之ヲ監督スル軍事官憲ニ對シ其ノ服スル拘束ノ制度ニ關シ申請ヲ爲スノ權利ヲ有スヘシ
俘虜ハ又保護國ノ代表者ニ對シ拘束ノ制度ニ關シ有スルコトアルヘキ苦情ノ諸點ヲ指示スル爲ニ陳述ヲ爲ス權利ヲ有スヘシ
右ノ申請及苦情ノ陳述ハ迅速ニ傳達セラルヘシ
該申請及苦情ノ陳述カ根據ナシト認定セラルル場合ニ於テモ之カ爲何等處罰セラルルコトナカルヘシ
Art. 42. Prisoners of war shall have the right to bring to the notice of the military authorities, in whose hands they are, their petitions concerning the conditions of captivity to which they are subjected.
They shall also have the right to communicate with the representatives of the protecting Powers in order to draw their attention to the points on which they have complaints to make with regard to the conditions of captivity.
Such petitions and complaints shall be transmitted immediately.
Even though they are found to be groundless, they shall not give rise to
any punishment.
第二章 俘虜ノ代表者
CHAPTER 2 Representatives of prisoners of war
第四三條 俘虜ハ其ノ所在スル一切ノ地方ニ於テ軍事官憲及保護國ニ對シ自己ヲ代表スル任務ヲ有スル信任者ヲ指定スルコトヲ許サルヘシ
右ノ指定ハ軍事官憲ノ承認ヲ受クヘシ
信任者ハ合同送付品ノ接受及分配ニ當ルヘシ又俘虜カ其ノ間ニ相互扶助ノ制度ヲ組織スルコトヲ決定スル場合ニハ組織ハ該信任者ノ權限内ニ置カルヘシ尚信任者ハ俘虜ニ對シ俘虜ト第七八條ニ規定スル救恤協會トノ關係ヲ容易ナラシムル爲仲介ノ勞ヲ提供スルコトヲ得ヘシ
將校及之ニ準スル者ノ收容所ニ於テハ最高級先任將校タル俘虜ハ收容所官憲ト俘虜タル將校及之ニ準スル者トノ間ノ仲介者トシテ認メラルヘシ之カ爲該將校ハ收容所官憲トノ交渉ニ際シ通譯トシテ用フル爲一人ノ俘虜將校ヲ指定スル權限アルヘシ
Art. 43. In any locality where there may be prisoners of war, they shall be authorized to appoint
representatives to represent them before the military authorities and the protecting Powers.
Such appointments shall be subject to the approval of the military authorities.
The prisoners' representatives shall be charged with the reception and distribution of collective consignments. Similarly, in the event of the prisoners deciding to organize amongst themselves a system of mutual aid, such organization shall be one of the functions of the prisoners" representatives. On the other hand, the latter may offer their services to prisoners to facilitate their relations with the relief societies mentioned in Article 78.
In camps of officers and persons of equivalent status the senior officer prisoner of the highest rank shall be recognized as intermediary between the camp authorities and the officers and similar persons who are prisoners, for this purpose he shall have the power to appoint an officer prisoner to assist him as interpreter in the course of conferences with the authorities of the camp.
第四四條 信任者ニシテ勞働者トシテ使役セラルル場合ニハ俘虜ノ代表者トシテノ其ノ活動ハ義務勞働時間内ニ計算セラルヘシ
信任者ト軍事官憲及保護國トノ通信ノ爲該信任者ハ一切ノ便宜ヲ與ヘラルヘシ該通信ノ數ハ制限セラレサルヘシ
俘虜ノ代表者ハ其ノ後繼者ヲシテ進行中ノ事務ニ通セシムル爲必要ナル時間ヲ與ヘラルルコトナクシテ移轉セシメラルルコトヲ得サルヘシ
Art. 44. When the prisoners representatives are employed as workmen, their work as representatives of the prisoners of war shall be reckoned in the compulsory period of labour.
All facilities shall be accorded to the prisoners' representatives for their correspondence with the military authorities and the protecting Power. Such correspondence shall not be subject to any limitation.
No prisoners' representative may be transferred without his having been allowed the time necessary to acquaint his successors with the current business.
第三章 俘虜ニ對スル處罰
CHAPTER 3 Penal sanctions with regard to prisoners of war
一 總則
I. General provisions
第四五條 俘虜ハ捕獲國軍ノ現行法律、規則及命令ニ服從スヘシ
總テ不從順ノ行爲アルトキハ俘虜ニ對シ該法律、規則及命令ノ規定スル手段ヲ施スコトヲ得ヘシ
尤モ本章ノ諸規定ヲ留保ス
Art. 45. Prisoners of war shall be subject to the laws, regulations and orders in force in the armed forces of the detaining Power.
Any act of insubordination shall render them liable to the measures prescribed by such laws, regulations, and orders, except as otherwise provided in this Chapter.
第四六條 俘虜ハ捕獲國ノ軍事官憲及裁判所ニ依リ同一事實ニ付該國軍人ニ對スルト異ナル罰ヲ課セラルルコトナカルヘシ
同一階級ニ付テハ懲罰ヲ受クル俘虜タル將校、下士又ハ兵卒ハ捕獲國軍ニ於テ同一罰ニ關シ定メラレタルモノヨリ不利ナル待遇ヲ受クルコトナカルヘシ
一切ノ體刑、日光ニ依リ照明セラレサル場所ニ於ケル一切ノ監禁及一切ノ殘酷ナル罰ヲ禁止ス
同樣ニ個人ノ行爲ニ付團體的ノ罰ヲ課スコトヲ禁ス
Art. 46. Prisoners of war shall not be subjected by the military authorities or the tribunals of the detaining Power to penalties other than those which are prescribed for similar acts by members of the national forces. Officers, non-commissioned officers or private soldiers, prisoners of war, undergoing disciplinary punishment shall not be subjected to treatment less favourable than that prescribed, as regards the same punishment, for similar ranks in the armed forces of the detaining Power.
All forms of corporal punishment, confinement in premises not lighted by daylight and, in general, all forms of cruelty whatsoever are prohibited.
Collective penalties for individual acts are also prohibited.
第四七條 規律違反ヲ構成スル事實特ニ逃走ノ企ハ至急確認セラルヘシ官等アルト否トヲ問ハス一切ノ俘虜ニ對シ豫防的拘留ハ最小限度ニ止メラルヘシ
俘虜ニ對スル裁判手續ハ事情ノ許ス限リ速ニ爲サルヘシ豫防的留置ハ出來得ル限リ制限セラルヘシ
一切ノ場合ニ於テ豫防的留置期間ハ該國軍人ニ對シ認メラルル限リ懲罰又ハ刑罰ノ期間ヨリ控除セラルヘシ
Art. 47. A statement of the facts in cases of acts constituting a breach of discipline, and particularly an attempt to escape, shall be drawn up in writing without delay. The period during which prisoners of war of whatever rank are detained in custody (pending the investigation of such offences) shall be reduced to a strict minimum.
The judicial proceedings against a prisoner of war shall be conducted as quickly as circumstances will allow. The period during which prisoners shall be detained in custody shall be as short as possible.
In all cases the period during which a prisoner is under arrest (awaiting punishment or trial) shall be deducted from the sentence, whether disciplinary or judicial, provided such deduction is permitted in the case of members of the national forces.
第四八條 俘虜ハ其ノ課セラレタル刑罰又ハ懲罰ヲ終ヘタル後他ノ俘虜ト異ナル待遇ヲ受クルコトナカルヘシ
尤モ逃走ノ企ニ依リ罰セラレタル俘虜ハ特別ノ監視ノ下ニ置カルルコトヲ得ヘシ但シ該監視ハ本條約ニ依リ俘虜ニ與ヘラルル保障ヲ何等除去スルコトヲ得サルヘシ
Art. 48. After undergoing the judicial or disciplinary punishment which has been inflicted on them, prisoners of war shall not be treated differently from other prisoners. Nevertheless, prisoners who have been punished as the result of an attempt to escape may be subjected to a special régime of surveillance, but this shall not involve the suppression of any of the safeguards accorded to prisoners by the present Convention.
第四九條 捕獲國ハ俘虜ノ官等ヲ剥奪スルコトヲ得ス
懲罰ニ付セラレタル俘虜ハ其ノ階級ニ付帶スル特權ヲ奪ハルルコトナカルヘシ特ニ自由ノ剥奪ヲ伴フ罰ヲ受クル將校及之ニ準スル者ハ下士又ハ兵卒ニシテ罰セラレタル者ト同一場所ニ置カルルコトナカルヘシ
Art. 49. No prisoner of war may be deprived of his rank by the detaining Power.
Prisoners on whom disciplinary punishment is inflicted shall not be deprived of the privileges attaching to their rank. In particular, officers and persons of equivalent status who suffer penalties entailing deprivation of liberty shall not be placed in the same premises as non-commissioned officers or private soldiers undergoing punishment.
第五〇條 逃走シタル俘虜ニシテ其ノ軍ニ到達スル前又ハ之ヲ捕ヘタル軍ノ占領シタル地域ヲ離ルルニ先チ再ヒ捕ヘラレタル者ハ懲罰ノミニ付セラルヘシ
俘虜ニシテ其ノ軍ニ達シ又ハ之ヲ捕ヘタル軍ノ占領シタル地域ヲ離レタル後再ヒ俘虜ト爲リタル者ハ前ノ逃走ニ對シテハ何等ノ罰ヲ受クルコトナカルヘシ
Art. 50. Escaped prisoners of war who are re-captured before they have been able to rejoin their own armed forces or to leave the territory occupied by the armed forces which captured them shall be liable only to disciplinary punishment.
Prisoners who, after succeeding in rejoining their armed forces or in leaving the territory occupied by the armed forces which captured them, are again taken prisoner shall not be liable to any punishment for their previous escape.
第五一條 逃走ノ企ハ再犯ノ場合ト雖モ俘虜カ該企中人又ハ財物ニ對シテ犯セル重罪又ハ輕罪ニ付裁判所ニ訴ヘラレタル場合ニ於テ刑ノ加重情状トシテ考慮セラレサルヘシ
逃走ノ企又ハ其ノ成就後ニ於テ逃走ニ協同セル逃走者ノ同僚ハ其ノ理由ニ依リ懲罰ノミニ付セラルヘシ
Art. 51. Attempted escape, even if it is nut a first offence, shall not be considered as an aggravation of the offence in the event of the prisoner of war being brought before the courts for crimes or offences against persons or property committed in the course of such attempt. After an attempted or successful escape, the comrades of the escaped person who aided the escape shall incur only disciplinary punishment therefor.
第五二條 交戰者ハ俘虜ノ犯セル犯行カ懲罰ニ付セラルヘキヤ刑罰ニ付セラルヘキヤノ問題ノ量定ニ關シ當該官憲ニ於テ最寬大ナル態度ニ出ツル樣注意スヘシ
特ニ逃走又ハ逃走ノ企ニ關連スル事實ノ量定ニ關シ然ルヘシ
俘虜ハ同一事實又ハ同一訴追事項ニ關シ一度ノミ罰セラルルコトヲ得ヘシ
Art. 52. Belligerents shall ensure that the competent authorities exercize the greatest leniency in considering the question whether an offence committed by a prisoner of war should be punished by disciplinary or by judicial measures.
This provision shall be observed in particular in appraising facts in connexion with escape or attempted escape.
A prisoner shall not be punished more than once for the same act or on the same charge.
第五三條 懲罰ニ付セラレタル俘虜ニシテ送還ニ關シ規定セラレタル條件ニ適合スル者ハ該罰ヲ終ヘサルコトノ理由ヲ以テ留置セラルルコトナカルヘシ
送還スヘキ俘虜ニシテ刑事上ノ訴追中ノ者ハ裁判手續ノ終了迄又場合ニ依リ刑期ノ滿了迄送還ヨリ除外セラルルコトヲ得ヘシ判決ノ結果既ニ留置中ノ者ハ其ノ終了迄留置セラルルコトヲ得ヘシ
交戰者ハ前項ノ理由ニ依リ送還ヲ許サレサル俘虜ノ名簿ヲ相互ニ通告スヘシ
Art. 53. No prisoner who has been awarded any disciplinary punishment for an offence and who fulfils the conditions laid down for repatriation shall be retained on the ground that he has not undergone his punishment. Prisoners qualified for repatriation against whom any prosecution for a criminal offence has been brought may be excluded from repatriation until the termination of the proceedings and until fulfilment of their sentence, if any; prisoners already serving a sentence of imprisonment may be retained until the expiry of the sentence. Belligerents shall communicate to each other lists of those who cannot be repatriated for the reasons indicated in the preceding paragraph.
二 懲罰
II. Disciplinary punishments
第五四條 拘留ハ俘虜ニ課セラルヘキ最重キ懲罰トス
同一罰ノ期間ハ三十日ヲ超過スルコトヲ得ス
右ノ三十日ノ最大限ハ俘虜カ數箇ノ事實ニ付懲罰ヲ受クヘキ場合ニ於テ右事實カ相關連スルト否トヲ問ハス超過セラルルコトナカルヘシ
拘留中又ハ其ノ期間滿了後俘虜カ新ナル懲罰ヲ受ケタル場合ニ於テ拘留期間ノ何レカカ十日又ハ十ヲ超ユルトキハ兩拘留ノ間ニ少クモ三日ノ期間ヲ置クヘシ
Art. 54. Imprisonment is the most severe disciplinary punishment which may be inflicted on a prisoner of war. The duration of any single punishment shall not exceed thirty days.
This maximum of thirty days shall, moreover, not be exceeded in the event of there being several acts for which the prisoner is answerable to discipline at the time when his case is disposed of, whether such acts are connected or not.
Where, during the course or after the termination of a period of imprisonment, a prisoner is sentenced to a fresh disciplinary penalty, a period of at least three days shall intervene between each of the periods of imprisonment, if one of such periods is of ten days or over.
第五五條 第一一條末項ノ目的トスル規定ノ留保ノ下ニ懲罰ニ付セラレタル俘虜ニ對シ捕獲國軍内ニ行ハラルル食糧制限ヲ罰ノ加重トシテ適用スルコトヲ得ヘシ
尤モ右ノ制限ハ罰セラレタル俘虜ノ健康状態カ之ヲ許ス場合ニ非サレハ之ヲ命スルコトヲ得サルヘシ
Art. 55. Subject to the provisions of the last paragraph of Article 11, the restrictions in regard to food permitted in the armed forces of the detaining Power may be applied, as an additional penalty, to prisoners of war undergoing disciplinary punishment.
Such restrictions shall, however, only be ordered if the state of the prisoner's health permits.
第五六條 如何ナル場合ニ於テモ俘虜ハ懲罰ヲ受クル爲懲治所(刑務所、懲治監、徒刑場等)ニ移サルルコトヲ得サルヘシ
懲罰ヲ受クル場所ハ衞生上ノ要求ニ適合スルモノタルヘシ
罰セラレタル俘虜ハ自ラ淸潔ヲ保持スルコトヲ得シメラルヘシ
右俘虜ハ毎日ノ運動ヲ爲シ又ハ少クモ二時間屋外ニ留マルコトヲ得ヘシ
Art. 56. In no case shall prisoners of war be transferred to penitentiary establishments (prisoners, penitentiaries, convict establishments, etc.) in order to undergo disciplinary sentence there.
Establishments in which disciplinary sentences are undergone shall conform to the requirements of hygiene. Facilities shall be afforded to prisoners undergoing sentence to keep themselves in a state of cleanliness. Every day, such prisoners shall have facilities for taking exercise or for remaining out of doors for at least two hours.
第五七條 懲罰ニ付セラレタル俘虜ハ讀ミ且書クコト及手紙ヲ發受スルコトヲ許サルヘシ
之ニ反シ小包及送金ハ滿罰期迄名宛人ニ交付セサルコトヲ得ヘシ配付セラレサル小包ニシテ腐敗シ易キ食料品ヲ含ムトキハ該品ハ醫務室又ハ收容所炊事場ニ付與セラルヘシ
Art. 57. Prisoners of war undergoing disciplinary punishment shall be permitted to read and write and to send and receive letters.
On the other hand, it shall be permissible not to deliver parcels and remittances of money to the addressees until the expiration of the sentence. If the undelivered parcels contain perishable foodstuffs, these shall be handed over to the infirmary or to the camp kitchen.
第五八條 懲罰ニ付セラレタル俘虜ハ其ノ要求ニ基キ日日ノ診察ヲ受クルコトヲ許可セラルヘシ該俘虜ハ醫師ノ必要ト認ムル手當ヲ受ケ且必要ニ應シ收容所醫務室又ハ病院ニ引取ラルヘシ
Art. 58. Prisoners of war undergoing disciplinary punishment shall be permitted, on their request, to present themselves for daily medical inspection. They shall receive such attention as the medical officers may consider necessary, and, if need be, shall be evacuated to the camp infirmary or to hospital.
第五九條 裁判所及上級軍事官憲ノ權限ヲ留保シ懲罰ハ收容所又ハ分遣所ノ所長トシテ懲罰權ヲ有スル將校又ハ該將校ヲ代理スル責任アル將校ノミニ依リ言渡サルヘシ
Art. 59. Without prejudice to the competency of the courts and the superior military authorities, disciplinary sentences may only be awarded by an officer vested with disciplinary powers in his capacity as commander of the camp or detachment, or by the responsible officer acting as his substitute.
三 訴追
III. Judicial proceedings
第六〇條 俘虜ニ對スル裁判手續ノ開始ニ際シ捕獲國ハ成ルヘク速ニ且常ニ辯論ノ開始期日前ニ保護國ノ代表者ニ之ヲ通告スヘシ
右ノ通告ハ左ノ事項ヲ含ムヘシ
Art. 60. At the commencement of a judicial hearing against a prisoner of war, the detaining Power shall notify the representative of the protecting Power as soon as possible, and in any case before the date fixed for the opening of the hearing.
The said notification shall contain the following particulars:
(イ)俘虜ノ戸籍及階級
(a) Civil status and rank of the prisoner.
(ロ)滯在又ハ留置ノ場所
(b) Place of residence or detention.
(ハ)適用法規ヲ記載スル訴追事項ノ明細書
(c) Statement of the charge or charges, and of the legal provisions applicable.
右ノ通告ニ於テ事件ノ審理ニ當タルヘキ裁判所、辯論開始期日及辯論ノ行ハルヘキ場所ノ指示ヲ與フルコト能ワサル場合ニ於テハ後日成ルヘク速ニ且何レノ場合ニ於テモ辯論開始ノ前少クモ三週間前ニ該指示ヲ保護國ノ代表者ニ與フヘシ
If it is not possible in this notification to indicate particulars of the court which will try the case, the date of the opening of the hearing and the place where it will take place, these particulars shall be furnished to the representative of the protecting Power at a later date, but as soon as possible and in any case at least three weeks before the opening of the hearing.
第六一條 俘虜ハ辯護ノ機會ヲ與ヘラレスシテ處罰セラルルコトナカルヘシ
俘虜ハ其ノ訴ヘラレタル事實ニ對シテ有責ナリト自認スル爲強制セラルルコトナカルヘシ
Art. 61. No prisoner of war shall be sentenced without being given the opportunity to defend himself. No prisoner shall be compelled to admit that he is guilty of the offence of which he is accused.
第六二條 俘虜ハ其ノ選擇スル有資格ノ辯護人ヲ帶同シ且必要ニ應シ適當ナル通譯ヲ用フル權利ヲ有スヘシ俘虜ハ捕獲國ニ依リ辯論ノ開始前適當ナル時機ニ其ノ權利ニ付通告ヲ受クヘシ
俘虜カ選擇セサル場合ニ於テハ保護國ハ該俘虜ニ辯護人ヲ附スルコトヲ得ヘシ捕獲國ハ保護國ノ請求ニ基キ辯護ヲ爲ス資格アル者ノ名簿ヲ保護國ニ送付スヘシ
保護國ノ代表者ハ訴訟辯論ニ立會フ權利ヲ有スヘシ
右ノ原則ニ對スル唯一ノ例外ハ國家ノ治安ノ爲訴訟辯論ノ祕密ヲ要スル場合ナリトス此ノ場合ニハ捕獲國ハ保護國ニ之ヲ豫告スヘシ
Art. 62. The prisoner of war shall have the right to be assisted by a qualified.
advocate of his own choice and, if necessary, to have recourse to the offices
of a competent interpreter. He shall be informed of his right by the detaining
Power in good time before the hearing. Failing a choice on the part of
the prisoner, the protecting Power may procure an advocate for him. The
detaining Power shall, on the request of the protecting Power, furnish
to the latter a list of persons qualified to conduct the defence.
The representatives of the protecting Power shall have the right to attend the hearing of the case.
The only exception to this rule is where the hearing has to be kept secret in the interests of the safety of the State. The detaining Power would then notify the protecting Power accordingly.
第六三條 俘虜ニ對スル判決ハ捕獲國軍ニ屬スル者ニ關スルト同一ノ裁判所ニ於テ且同一ノ手續ニ依リテノミ言渡サルルコトヲ得ヘシ
Art. 63. A sentence shall only be pronounced on a prisoner of war by the same tribunals and in accordance with the same procedure as in the case of persons belonging to the armed forces of the detaining Power.
第六四條 一切ノ俘虜ハ自己ニ下サレタル一切ノ判決ニ對シ捕獲國軍ニ屬スル者ト同樣ノ方法ニ依リ上訴スル權利ヲ有スヘシ
Art. 64. Every prisoner of war shall have the right of appeal against any sentence against him in the same manner as persons belonging to the armed forces of the detaining Power.
第六五條 俘虜ニ對シ言渡サレタル判決ハ直ニ保護國ニ通知セラルヘシ
Art. 65. Sentences pronounced against prisoners of war shall be communicated immediately to the protecting Power.
第六六條 俘虜ニ對シ死刑ノ言渡サルルトキハ犯行ノ性質及情状ヲ詳細ニ記述スル通知ハ俘虜ノ服役シタル軍ノ所屬國ニ移送セラルル爲成ルヘク速ニ保護國ノ代表者ニ送付セラルヘシ
該判決ハ右通知ヨリ少クモ三月ノ期間滿了前執行セラレサルヘシ
Art. 66. If sentence of death is passed on a prisoner of war, a communication setting forth in detail the nature and the circumstances of the offence shall be addressed as soon as possible to the representative of the protecting Power for transmission to the Power in whose armed forces the prisoner served.
The sentence shall not be carried out before the expiration of a period of at least three months from the date of the receipt of this communication by the protecting Power.
第六七條 俘虜ハ判決ニ依ルト否トヲ問ハス本條約第四二條ノ規定ノ利益ヲ剥奪セラルルコトヲ得サルヘシ
Art. 67. No prisoner of war may be deprived of the benefit of the provisions of Article 42 of the present Convention as the result of a judgment or otherwise.
第四編 拘束ノ終了
PART IV END OF CAPTIVITY
第一款 直接送還及中立國ニ於ケル收容
SECTION I DIRECT REPATRIATION AND ACCOMMODATION IN A NEUTRAL COUNTRY
第六八條 交戰者ハ重病者及重傷者タル俘虜カ移送セラレ得ル状態ニ至リタル後階級及數ニ關係ナク之ヲ其ノ本國ニ送還スル義務アルヘシ
從テ交戰者ハ協定ヲ以テ成ルヘク速ニ直接送還ノ原因ト爲ルヘキ負傷又ハ病氣ノ場合及必要ニ應シテ中立國ニ於テ收容セシムヘキ場合ヲ定ムヘシ該協定ノ締結ニ至ル迄ハ交戰者ハ本條約ニ參考トシテ付屬セラレタル標準協定ニ依ルコトヲ得ヘシ
Art. 68. Belligerents shall be required to send back to their own country, without regard to rank or numbers, after rendering them in a fit condition for transport, prisoners of war who are seriously ill or seriously wounded.
Agreements between the belligerents shall therefore determine, as soon as possible, the forms of disablement or sickness requiring direct repatriation and cases which may necessitate accommodation in a neutral country. Pending the conclusion of such agreements, the belligerents may refer to the model draft agreement annexed to the present Convention.
第六九條 戰爭開始後直ニ交戰者ハ混成醫員會ヲ構成スル爲協定スヘシ同會ハ三名ノ委員ヨリ成リ中二名ハ中立國ニ屬シ一名ハ捕獲國ノ指名スル者タルヘシ中立國醫師ノ中一名ヲ以テ委員長トス
同會ハ俘虜ニシテ病者又ハ傷者タル者ヲ診察シ且之ニ對シ有用ナル一切ノ決定ヲ爲スヘシ
同會ノ決定ハ過半數ヲ以テ爲サルヘク且成ルヘク速ニ執行セラルヘシ
Art. 69. On the opening of hostilities, belligerents shall come to an understanding as to the appointment of mixed medical commissions. These commissions shall consist of three members, two of whom shall belong to a neutral country and one appointed by the detaining Power; one of the medical officers of the neutral country shall preside. These mixed medical commissions shall proceed to the examination of sick or wounded prisoners and shall make all appropriate decisions with regard to them. The decisions of these commissions shall be decided by majority and shall be carried into effect as soon as possible.
第七〇條 收容所ノ醫官ニ依リ指定セラレタル者ノ外次ニ掲クル俘虜ハ直接送還又ハ中立國ニ於ケル收容所ノ爲ニ第六九條ニ規定スル混成醫員會ノ診察ヲ受クヘシ
Art. 70. In addition to those prisoners of war selected by the medical officer of the camp, the following shall be inspected by the mixed medical Commission mentioned in Article 69, with a view to their direct repatriation or accommodation in a neutral country:
(イ)收容所ノ醫官ニ對シ直接ニ右要求ヲ爲ス俘虜
(a) Prisoners who make a direct request to that effect to the medical officer of the camp;
(ロ)第四三條ニ規定スル信任者ノ申出ニ依ル俘虜但シ該信任者ハ自己ノ發意ニ依リ又ハ俘虜ノ要求ニ基キ行動スルモノトス
(b) Prisoners presented by the prisoners' representatives mentioned in Article 43, the latter acting on their own initiative or on the request of the prisoners themselves;
(ハ)俘虜ニシテ其ノ服役シタル軍ノ所屬國又ハ該國ニ依リ公認セラレタル救恤協會ニ依リ提議セラレタルモノ
(c) Prisoners nominated by the Power in whose armed forces they served or by a relief society duly recognized and authorized by that Power.
第七一條 俘虜ニシテ勞働災害ノ罹災者ト爲リタル者ハ送還又ハ必要ニ應シ中立國ニ於ケル收容ニ關シ同一ノ規定ノ利益ヲ享有セシメラルヘシ但シ故意ノ傷者ハ此ノ限リニ在ラス
Art. 71. Prisoners of war who meet with accidents at work, unless the injury is self-inflicted, shall have the benefit of the same provisions as regards repatriation or accommodation in a neutral country.
第七二條 戰爭ノ繼續中及人道上ノ理由ノ爲交戰者ハ健全ナル俘虜ニシテ長期ノ拘束ヲ受ケタル者ノ直接送還又ハ中立國ニ於ケル收容ノ爲協定ヲ締結シ得ヘシ
Art. 72. During the continuance of hostilities, and for humanitarian reasons, belligerents may conclude agreements with a view to the direct repatriation or accommodation in a neutral country of prisoners of war in good health who have been in captivity for a long time.
第七三條 俘虜ノ送還又ハ中立國ヘノ移送ノ費用ハ捕獲國ノ國境外ニ於テハ右俘虜カ服役シタル軍ノ所屬國ニ依リ負擔セラルヘシ
Art. 73. The expenses of repatriation or transport to a neutral country of prisoners of war shall be borne, as from the frontier of the detaining Power, by the Power in whose armed forces such prisoners served.
第七四條 送還セラレタル者ハ現役ノ軍務ニ服セシメラルルヲ得サルヘシ
Art. 74. No repatriated person shall be employed on active military service.
第二款 戰爭終了ノ際ニ於ケル解放及送還
SECTION II LIBERATION AND REPATRIATION AT THE END OF HOSTILITIES
第七五條 交戰者カ休戰條約ヲ締結セントスルトキハ右交戰者ハ原則トシテ俘虜ノ送還ニ關スル規定ヲ設クヘシ此ノ點ニ關スル規定カ右條約ニ插入セラレ得サリシ場合ト雖モ交戰者ハ成ルヘク速ニ之カ爲連絡ヲトルヘシ一切ノ場合ニ於テ俘虜ノ送還ハ平和克復後成ルヘク速ニ行ハルヘシ
尤モ俘虜ニシテ普通法上ノ重罪又ハ輕罪ノ爲訴追中ノ者ハ右手續ノ終了迄及場合ニ依リ刑期ノ滿了迄留置セラルルヲ得ヘシ普通法上ノ重罪又ハ輕罪ノ爲刑ノ宣告ヲ受ケタル者ニ付テモ同樣ナルヘシ
離散セル俘虜ヲ搜索シ且其ノ送還ヲ確保スル目的ヲ以テ交戰者ハ合意ノ上委員會ヲ設置スルヲ得ヘシ
Art. 75. When belligerents conclude an armistice convention, they shall normally cause to be included therein provisions concerning the repatriation of prisoners of war. If it has not been possible to insert in that convention such stipulations, the belligerents shall, nevertheless, enter into communication with each other on the question as soon as possible. In any case, the repatriation of prisoners shall be effected as soon as possible after the conclusion of peace.
Prisoners of war who are subject to criminal proceedings for a crime or offence at common law may, however, be detained until the end of the proceedings, and, if need be, until the expiration of the sentence. The same applies to prisoners convicted for a crime or offence at common law.
By agreement between the belligerents, commissions may be instituted for the purpose of searching for scattered prisoners and ensuring their repatriation.
第五編 俘虜ノ死亡
PART V DEATHS OF PRISONERS OF WAR
第七六條 俘虜ノ遺言ハ内國軍軍人ト同一ノ條件ヲ以テ受領セラレ且作成セラルヘシ
同樣ニ死亡ノ證明ニ關スル書類ニ關シテモ同一ノ規則ニ從フヘシ
交戰者ハ拘束中死亡シタル俘虜カ鄭重ニ埋葬セラルル樣及墳墓カ有用ナル一切ノ表示ヲ有シ、尊敬セラレ且相應ニ維持セラルル樣注意スヘシ
Art. 76. The wills of prisoners of war shall be received and drawn up under the same conditions as for soldiers of the national armed forces.
The same rules shall be followed as regards the documents relative to the certification of the death. The belligerents shall ensure that prisoners of war who have died in captivity are honourably buried, and that the graves bear the necessary indications and are treated with respect and suitably maintained.
第六編 俘虜ニ關スル救恤及情報局
PART VI BUREAUX OF RELIEF AND INFORMATION CONCERNING PRISONERS OF WAR
第七七條 戰爭開始後直ニ各交戰國竝ニ交戰者ヲ收容シタル中立國ハ其ノ領域内ニ在ル俘虜ニ關スル官立情報局ヲ設置スヘシ
各交戰國ハ其ノ軍ニ依リ爲サレタル俘虜ノ一切ノ捕獲ヲ成ルヘク速ニ其ノ情報局ニ通知シ其ノ有スル認識ニ關スル一切ノ情報ニシテ迅速ニ關係家族ニ了知セシムルヲ得ヘキモノヲ右情報局ニ供給シ且家族カ俘虜ニ通信ヲ爲シ得ヘキ公ノ宛名ヲ右情報局ニ通知スヘシ
情報局ハ一方保護國ノ仲介ニ依リ及他方第七九條ニ規定セラルル中央部ノ仲介ニ依リ前記一切ノ情報ヲ關係國ニ速ニ傳達スヘシ
情報局ハ俘虜ニ關スル一切ノ問合ニ答フルノ任務ヲ有シ俘虜ノ留置、移動、宣誓解放、送還、逃走、入院、死亡ニ關スル一切ノ通報竝ニ其ノ他各俘虜ニ關シ銘銘票ヲ作成補修スル爲ニ他ノ必要ナル情報ヲ各主務官憲ヨリ受クヘシ
情報局ハ該票ニ出來得ル範圍内ニ於テ且第五條ノ規定ヲ留保シテ登録番號、氏名、出生日付及出生地、當人ノ階級及所屬部隊、父ノ名及母ノ氏、災害ノ場合ニ通知スヘキ者ノ宛名、捕獲ノ、留置ノ、負傷ノ、死亡ノ日付及場所竝ニ他ノ一切ノ重要ナル情報ヲ記載スヘシ
各俘虜ノ認識ヲ容易ナラシムヘキ一切ノ新規ノ情報ヲ含メル週刊名簿ハ關係諸國ニ交付セラルヘシ
俘虜ノ銘銘票ハ平和克復後其ノ服役シタル國ニ交付セラルヘシ
尚情報局ハ送還セラレ、宣誓解放セラレ、逃走シ又ハ死亡シタル俘虜ニ依リ遺留セラレタル一切ノ自用品、有價物、信書、給料帳、認識票等ヲ收集シ且之ヲ關係國ニ交付スルノ義務ヲ有スヘシ
Art. 77. At the commencement of hostilities, each of the belligerent Powers and the neutral Powers who have belligerents in their care, shall institute an official bureau to give information about the prisoners of war in their territory.
Each of the belligerent Powers shall inform its Information Bureau as soon as possible of all captures of prisoners effected by its armed forces, furnishing them with all particulars of identity at its disposal to enable the families concerned to be quickly notified, and stating the official addresses to which families may write to the prisoners.
The Information Bureau shall transmit all such information immediately to the Powers concerned, on the one hand through the intermediary of the protecting Powers, and on the other through the Central Agency contemplated in Article 79.
The Information Bureau, being charged with replying to all enquiries relative to prisoners of war, shall receive from the various services concerned all particulars respecting internments and transfers, releases on parole, repatriations, escapes, stays in hospitals, and deaths, together with all other particulars necessary for establishing and keeping up to date an individual record for each prisoner of war.
The Bureau shall note in this record, as far as possible, and subject to the provisions of Article 5, the regimental number, names and surnames, date and place of birth, rank and unit of the prisoner, the surname of the father and name of the mother, the address of the person to be notified in case of accident, wounds, dates and places of capture, of internment, of wounds, of death, together with all other important particulars. Weekly lists containing all additional particulars capable of facilitating the identification of each prisoner shall be transmitted to the interested Powers. The individual record of a prisoner of war shall be sent after the conclusion of peace to the Power in whose service he was.
The Information Bureau shall also be required to collect all personal effects, valuables, correspondence, pay-books, identity tokens, etc., which have been left by prisoners of war who have been repatriated or released on parole, or who have escaped or died, and to transmit them to the countries concerned.
第七八條 慈善行爲ノ媒介者タル目的ヲ以テ自國ノ法律ニ從ヒ正式ニ組織セラレタル俘虜救恤協會ハ其ノ博愛的事業ヲ有效ニ遂行スル爲交戰者ヨリ自己及其ノ正當ノ委任アル代表者ノ爲ニ軍事上ノ必要ニ依リテ定メラレタル範圍内ニ於テ一切ノ便宜ヲ受クヘシ右協會ノ代表者ハ各自軍事官憲ヨリ免許状ノ交付ヲ受ケ且該官憲ノ定メタル秩序及取締ニ關スル一切ノ規律ニ服スヘキ旨書面ヲ以テ約シタル上收容所竝ニ送還俘虜ノ途中休止所ニ於テ救恤品ヲ分與スルコトヲ許サルヘシ
Art. 78. Societies for the relief of prisoners of war, regularly constituted in accordance with the laws of their country, and having for their object to serve as intermediaries for charitable purposes, shall receive from the belligerents, for themselves and their duly accredited agents, all facilities for the efficacious performance of their humane task within the limits imposed by military exigencies. Representatives of these societies shall be permitted to distribute relief in the camps and at the halting places of repatriated prisoners under a personal permit issued by the military authority, and on giving an undertaking in writing to comply with all routine and police orders which the said authority shall prescribe.
第七九條 俘虜情報中央部ハ中立國ニ設立セラルヘシ赤十字國際委員會ハ必要ナリト認ムルトキハ該部ノ組織ヲ關係國ニ提議スヘシ
該部ハ俘虜ニ關スル一切ノ情報ニシテ公ノ又ハ私ノ方法ニ依リ其ノ獲得シ得ヘキモノヲ蒐集スルノ任務ヲ有スヘシ該部ハ右情報ヲ俘虜ノ本國又ハ俘虜カ服役シタル國ニ成ルヘク速ニ交付スヘシ
此等ノ規定ハ赤十字國際委員會ノ博愛的活動ヲ制限スルモノト解釋セラレサルヘシ
Art. 79. A Central Agency of information regarding prisoners of war shall be established in a neutral country. The International Red Cross Committee shall, if they consider it necessary, propose to the Powers concerned the organization of such an agency.
This agency shall be charged with the duty of collecting all information regarding prisoners which they may be able to obtain through official or private channels, and the agency shall transmit the information as rapidly as possible to the prisoners' own country or the Power in whose service they have been.
These provisions shall not be interpreted as restricting the humanitarian work of the International Red Cross Committee.
第八〇條 情報局ハ郵便物ニ關スル料金ノ免除竝ニ第三八條ニ規定セラルル一切ノ免除ヲ享有スヘシ
Art. 80. Information Bureaux shall enjoy exemption from fees on postal matter as well as all the exemptions prescribed in Article 38.
第七編 或種非軍人ニ對スル條約ノ適用
PART VII APPLICATION OF THE CONVENTION TO CERTAIN CATEGORIES OF CIVILIANS
第八一條 通信員、新聞ノ探訪者、酒保商人、用達人ノ如キ直接ニ軍ノ一部ヲ爲ササル從軍者ニシテ敵ノ權内ニ陷リ敵ニ於テ之ヲ抑留スルヲ有益ナリト認メタル者ハ其ノ隨伴シタル軍ノ軍事官憲ノ證明書ヲ携帶スル場合ニ限リ俘虜ノ取扱ヲ受クルノ權利ヲ有スヘシ
Art. 81. Persons who follow the armed forces without directly belonging thereto, such as correspondents, newspaper reporters, sutlers, or contractors, who fall into the hands of the enemy, and whom the latter think fit to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of an authorization from the military authorities of the armed forces which they were following.
第八編 條約ノ執行
PART VIII EXECUTION OF THE CONVENTION
第一款 總則
SECTION I GENERAL PROVISIONS
第八二條 本條約ノ規定ハ一切ノ場合締約國ニ依リ尊重セラルヘシ
戰時ニ於テ交戰者ノ一カ本條約ノ當事者タラサル場合ト雖モ本條約ノ規定ハ之ニ參加セル交戰者ノ間ニ拘束力ヲ有スヘシ
Art. 82. The provisions of the present Convention shall be respected by the High Contracting Parties in all circumstances.
In time of war if one of the belligerents is not a party to the Convention, its provisions shall, nevertheless, remain binding as between the belligerents who are parties thereto.
第八三條 締約國ハ俘虜ニ關スル一切ノ問題ニシテ特ニ規律スルヲ適當ナリト認ムルモノニ關シ特別條約ヲ締結スルノ權利ヲ留保ス
俘虜ハ送還ノ完了マデ引續キ右協定ノ利益ヲ享有スヘシ但シ前記協定若ハ將來ニ於ケル協定ニ含マルル反對ノ明白ナル規定ハ同樣ニ何レカノ交戰者ニ依リ其ノ留置スル俘虜ニ關シ執ラルル更ニ有利ナル措置アル場合ハ此ノ限ニ在ラス
本條約ノ規定ノ相互ノ適用ヲ確保シ且前記特別條約ノ締結ヲ容易ナラシムル爲交戰者ハ戰爭開始後直ニ俘虜管理ノ任務ヲ有スル各自ノ官憲ノ代表者ノ會合ヲ許可スルコトヲ得ヘシ
Art. 83. The High Contracting Parties reserve to themselves the right to conclude special conventions on all questions relating to prisoners of war concerning which they may consider it desirable to make special provisions.
Prisoners of war shall continue to enjoy the benefits of these agreements until their repatriation has been effected, subject to any provisions expressly to the contrary contained in the above-mentioned agreements or in subsequent agreements, and subject to any more favourable measures by one or the other of the belligerent Powers concerning the prisoners detained by that Power. In order to ensure the application, on both sides, of the provisions of the present Convention, and to facilitate the conclusion of the special conventions mentioned above, the belligerents may, at the commencement of hostilities, authorize meetings of representatives of the respective authorities charged with the administration of prisoners of war.
第八四條 本條約及前條ニ規程セラレタル特別條約ノ本文ハ一切ノ俘虜ニ依リ參照セラレ得ヘキ場所ニ於テ能フ限リ俘虜ノ母國語ニテ掲示セラルヘシ
右條約ノ本文ハ掲示セラレタル本文ヲ知ルコトヲ得サル俘虜ノ要求アルトキハ之ニ對シ通知セラルヘシ
Art. 84. The text of the present Convention and of the special conventions mentioned in the preceding Article shall be posted, whenever possible, in the native language of the prisoners of war, in places where it may be consulted by all the prisoners.
The text of these conventions shall be communicated, on their request, to prisoners who are unable to inform themselves of the text posted.
第八五條 締約國ハ本條約ノ公ノ譯文竝ニ本條約ノ適用ヲ確保スル爲採用セシメラルルコトアルヘキ法律及規則ヲ瑞西連邦政府ノ仲介ニ依リ相互ニ通知スヘシ
Art. 85. The High Contracting Parties shall communicate to each other, through the intermediary of the Swiss Federal Council, the official translations of the present Convention, together with such laws and regulations as they may adopt to ensure the application of the present Convention.
第二款 監督ノ組織
SECTION II ORGANIZATION OF CONTROL
第八六條 締約國ハ本條約ノ正確ナル適用カ交戰者ノ利益ノ保護ヲ委託セラレタル保護國ノ協力ノ可能ナルニ依リ保障セラルルモノナルコトヲ認ム此ノ點ニ關シ保護國ハ外交官以外ニ自國人民又ハ他ノ中立國人民ヨリ代表ヲ任命スルコトヲ得ヘシ右代表ハ其ノ任務ヲ執行セントスル側ノ交戰者ノ承認ヲ受クヘシ
保護國ノ代表者又ハ其ノ代表ニシテ承認ヲ受ケタル者ハ俘虜ノ留置セラレタル一切ノ場所ニ例外ナク到ルコトヲ許可セラルヘシ右代表者又ハ代表ハ俘虜ニ依リ占メラレタル一切ノ場所ニ到リ且一般ニ立會人ナク、自ラ又ハ通譯ノ仲介ニ依リ俘虜ト會談スルコトヲ得ヘシ
交戰者ハ保護國ノ代表者又ハ代表ニシテ承認ヲ受ケタル者ノ職務ヲ容易ナラシムヘシ軍事官憲ハ右代表者又ハ代表ノ訪問ヲ通知セラルヘシ
交戰者ハ俘虜ノ國籍ヲ有スル者カ右視察旅行ニ參加ヲ許サルルコトヲ承認スル爲協定シ得ヘシ
Art. 86. The High Contracting Parties recognize that a guarantee of the regular application of the present Convention will be found in the possibility of collaboration between the protecting Powers charged with the protection of the interests of the belligerents; in this connexion, the protecting Powers may, apart from their diplomatic personnel, appoint delegates from among their own nationals or the nationals of other neutral Powers. The appointment of these delegates shall be subject to the approval of the belligerent with whom they are to carry out their mission.
The representatives of the protecting Power or their recognized delegates shall be authorized to proceed to any place, without exception, where prisoners of war are interned. They shall have access to all premises occupied by prisoners and may hold conversation with prisoners, as a general rule without witnesses, either personally or through the intermediary of interpreters.
Belligerents shall facilitate as much as possible the task of the representatives or recognized delegates of the protecting Power. The military authorities shall be informed of their visits.
Belligerents may mutually agree to allow persons of the prisoners own nationality to participate in the tours of inspection.
第八七條 本條約ノ適用ニ付交戰者間ニ意見ノ不一致アル場合ニハ保護國ハ右紛爭ノ處理ノ爲能フ限リ周旋スヘシ
之カ爲各保護國ハ關係交戰者ニ對シ必要ニ應シテ適當ニ選擇セラレタル中立地域ニ於ケル右關係交戰者ノ代表者ノ會合ヲ特ニ提議シ得ヘシ交戰者ハ右趣旨ヲ以テ自己ニ對シ爲サルル提議ヲ遂行スルニ努ムヘシ保護國ハ場合ニ依リ中立國ニ屬スル者又ハ赤十字國際委員會ニ依リ派遣セラレタル者ニシテ右會合ニ參加ヲ招請セラルヘキモノニ對シ關係國ノ承認ヲ求ムルコトヲ得ヘシ
Art. 87. In the event of dispute between the belligerents regarding the application of the provisions of the present Convention, the protecting Powers shall, as far as possible, lend their good offices with the object of settling the dispute.
To this end, each of the protecting Powers may, for instance, propose to the belligerents concerned that a conference of representatives of the latter should be held, on suitably chosen neutral territory. The belligerents shall be required to give effect to proposals made to them with this object. The protecting Power may, if necessary, submit fur the approval of the Powers in dispute the name of a person belonging to a neutral Power or nominated by the International Red Cross Committee, who shall be invited to take part in this conference.
第八八條 前記諸規定ハ赤十字國際委員會カ關係交戰者ノ承認ヲ得テ俘虜ノ保護ノ爲爲シ得ヘキ博愛的活動ヲ妨クルモノニ非ス
Art. 88. The foregoing provisions do not constitute any obstacle to the humanitarian work which the International Red Cross Committee may perform for the protection of prisoners of war with the consent of the belligerents concerned.
第三款 最終規定
SECTION III FINAL PROVISIONS
第八九條 陸戰ノ法規慣例ニ關スル「ヘーグ」條約(一八九九年七月二九日ノモノタルト一九〇七年一〇月一八日ノモノタルトヲ問ハス)ニ依リ拘束セラレ且本條約ニ參加スル諸國間ノ關係ニ於テ本條約ノ右「ヘーグ」條約付屬規則第二章ヲ補足スヘシ
Art. 89. In the relations between the Powers who are bound either by The Hague Convention concerning the Laws and Customs of War on Land of 29 July 1899, or that of 18 October 1907, and are parties to the present Convention, the latter shall be complementary to Chapter 2 of the Regulations annexed to the above-mentioned Conventions of The Hague.
第九〇條 本日ノ日付ヲ有スヘキ本條約ハ一九二九年七月一日「ジュネーヴ」ニ開會シタル會議ニ代表者ヲ派遣シタル一切ノ國ノ名ニ於テ一九三〇年二月一日迄ニ署名セラレ得ヘシ
Art. 90. The present Convention, which shall bear this day's date, may be signed up to 1 February 1930, on behalf of any of the countries represented at the Conference which opened at Geneva on 1 July 1929.
第九一條 本條約ハ成ルヘク速ニ批准セラルヘシ
此批准ハ「ベルヌ」ニ於テ寄託セラルヘシ
各批准書ノ寄託ニ付調書一通作成セラレ其ノ認證謄本ハ瑞西連邦政府ニ依リ一切ノ國ニシテ其ノ名ニ於テ本條約カ署名セラレ又ハ加入カ通告セラレタルモノノ政府ニ交付セラルヘシ
Art. 91. The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at Berne. In respect of the deposit of each instrument of ratification, a ' procès-verbal ' shall be drawn up, and copy thereof, certified correct, shall be sent by the Swiss Federal Council to the Governments of all the countries on whose behalf the Convention has been signed or whose accession has been notified.
第九二條 本條約ハ少クトモ二箇ノ批准書カ寄託セラレタル後六月ニシテ實施セラルヘシ
爾後本條約ハ各締約國ニ付其ノ批准書ノ寄託後六月ニシテ實施セラルヘシ
Art. 92. The present Convention shall enter into force six months after at least two instruments of ratification have been deposited.
Thereafter it shall enter into force for each High Contracting Party six months after the deposit of its instrument of ratification.
第九三條 本條約ハ其ノ實施ノ日ヨリ一切ノ國ニシテ其ノ名ニ於テ本條約カ署名セラレサリシモノノ名ニ於テ爲サルル加入ノ爲開カルヘシ
Art. 93. As from the date of its entry into force, the present Convention shall be open to accession notified in respect of any country on whose behalf this Convention has not been signed.
第九四條 加入ハ書面ヲ以テ瑞西連邦政府ニ對シ通告セラルヘク加入書カ同國政府ニ到達シタル日ノ後六月ニシテ效力ヲ生スヘシ
瑞西連邦政府ハ一切ノ國ニシテ其ノ名ニ於テ條約カ署名セラレ又ハ加入カ通告セラレタルモノノ政府ニ加入ヲ通知スヘシ
Art. 94. Accessions shall be notified in writing to the Swiss Federal Council and shall take Effect six months after the date on which they have been received. The Swiss Federal Council shall notify the accessions to the Governments of all the countries on whose behalf the Convention has been signed or whose accession has been notified.
第九五條 戰爭状態ハ戰爭開始前又ハ開始後交戰國ニ依リ寄託セラレタル批准及通告セラレタル加入ニ對シ直ニ效力ヲ生セシムヘシ戰爭状態ニ在ル諸國ヨリ受領セラレタル批准又ハ加入ノ通知ハ最迅速ナル方法ニ依リ瑞西連邦政府ニ依リ爲サルヘシ
Art. 95. A state of war shall give immediate effect to ratifications deposited-and to accessions notified by the belligerent Powers before or after the commencement of hostilities. The communication of ratifications or accessions received from Powers in a state of war shall be effected by the Swiss Federal Council by the quickest method.
第九六條 各締約國ハ本條約ヲ廢棄スルノ權能ヲ有スヘシ廢棄ハ書面ヲ以テ之ヲ瑞西連邦政府ニ通告シタル後一年ヲ經過スルニ非サレハ效力ヲ生スルコトナカルヘシ瑞西連邦政府ハ右通知ヲ一切ノ締約國ノ政府ニ通知スヘシ
廢棄ハ之ヲ通告シタル國ニ對シテノミ其ノ效力ヲ生スヘシ
尚右廢棄ハ廢棄國カ參加セル戰爭中其ノ效力ヲ生セサルヘシ此ノ場合ニ於テハ本條約ハ一年ノ期間滿了後平和克復迄引續キ其ノ效力ヲ生スヘシ
Art. 96. Each of the High Contracting Parties shall have the right to denounce the present Convention. The denunciation shall only take effect one year after notification thereof has been made in writing to the Swiss Federal Council. The latter shall communicate this notification to the Governments of ill the High Contracting Parties.
The denunciation shall only be valid in respect of the High Contracting Party which has made notification thereof.
Such denunciation shall, moreover, not take effect during a war in which the denouncing Power is involved. In this case, the present Convention shall continue binding, beyond the period of one year, until the conclusion of peace and, in any case, until operations of repatriation shall have terminated.
第九七條 本條約ノ認證謄本一通ハ瑞西連邦政府ニ依リ國際連盟ノ記録ニ寄託セラルヘシ同樣ニ瑞西連邦政府ニ通告セラルヘキ批准、加入、廢棄ハ瑞西連邦政府ニ依リ國際連盟ニ通知セラルヘシ
Art. 97. A copy of the present Convention, certified to be correct, shall be deposited by the Swiss Federal Council in the archives of the League of Nations. Similarly, ratifications, accessions and denunciations notified to the Swiss Federal Council shall be communicated by them to the League of Nations.