Geneva Convention (III) in the United States

ARTICLE 106

Every prisoner of war shall have, in the same manner as the members of
the armed forces of the Detaining Power, the right of appeal or petition
from any sentence pronounced upon him, with a view to the quashing or
revising of the sentence or the reopening of the trial. He shall be fully
informed of his right to appeal or petition and of the time limit within
which he may do so.

ARTICLE 107

Any judgment and sentence pronounced upon a prisoner of war shall be
immediately reported to the Protecting Power in the form of a summary
communication, which shall also indicate whether he has the right of
appeal with a view to the quashing of the sentence or the reopening of
the trial. This communication shall likewise be sent to the prisoners’
representative concerned. It shall also be sent to the accused prisoner
of war in a language he understands, if the sentence was not pronounced
in his presence. The Detaining Power shall also immediately communicate
to the Protecting Power the decision of the prisoner of war to use or to
waive his right of appeal.

Furthermore, if a prisoner of war is finally convicted or if a sentence
pronounced on a prisoner of war in the first instance is a death
sentence, the Detaining Power shall as soon as possible address to the
Protecting Power a detailed communication containing:

(1) the precise wording of the finding and sentence;

(2) a summarized report of any preliminary investigation and of the
trial, emphasizing in particular the elements of the prosecution
and the defence;

(3) notification, where applicable, of the establishment where the
sentence will be served.

The communications provided for in the foregoing sub-paragraphs shall be
sent to the Protecting Power at the address previously made known to the
Detaining Power.

ARTICLE 108

Sentences pronounced on prisoners of war after a conviction has become
duly enforceable, shall be served in the same establishments and under
the same conditions as in the case of members of the armed forces of the
Detaining Power. These conditions shall in all cases conform to the
requirements of health and humanity.

A woman prisoner of war on whom such a sentence has been pronounced shall
be confined in separate quarters and shall be under the supervision of
women.

In any case, prisoners of war sentenced to a penalty depriving them of
their liberty shall retain the benefit of the provisions of Articles 78
and 126 of the present Convention. Furthermore, they shall be entitled to
receive and despatch correspondence, to receive at least one relief
parcel monthly, to take regular exercise in the open air, to have the
medical care required by their state of health, and the spiritual
assistance they may desire. Penalties to which they may be subjected
shall be in accordance with the provisions of Article 87, third
paragraph.

PART IV

TERMINATION OF CAPTIVITY

SECTION I

DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES

ARTICLE 109

Subject to the provisions of the third paragraph of this Article, Parties
to the conflict are bound to send back to their own country, regardless
of number or rank, seriously wounded and seriously sick prisoners of war,
after having cared for them until they are fit to travel, in accordance
with the first paragraph of the following Article.

Throughout the duration of hostilities, Parties to the conflict shall
endeavour, with the cooperation of the neutral Powers concerned, to make
arrangements for the accommodation in neutral countries of the sick and
wounded prisoners of war referred to in the second paragraph of the
following Article. They may, in addition, conclude agreements with a view
to the direct repatriation or internment in a neutral country of
able-bodied prisoners of war who have undergone a long period of
captivity.

No sick or injured prisoner of war who is eligible for repatriation under
the first paragraph of this Article, may be repatriated against his will
during hostilities.

ARTICLE 110

The following shall be repatriated direct:

(1) Incurably wounded and sick whose mental or physical fitness seems
to have been gravely diminished.

(2) Wounded and sick who, according to medical opinion, are not likely
to recover within one year, whose condition requires treatment and
whose mental or physical fitness seems to have been gravely
diminished.

(3) Wounded and sick who have recovered, but whose mental or physical
fitness seems to have been gravely and permanently diminished.

The following may be accommodated in a neutral country:

(1) Wounded and sick whose recovery may be expected within one year of
the date of the wound or the beginning of the illness, if treatment
in a neutral country might increase the prospects of a more certain
and speedy recovery.

(2) Prisoners of war whose mental or physical health, according to
medical opinion, is seriously threatened by continued captivity,
but whose accommodation in a neutral country might remove such a
threat.

The conditions which prisoners of war accommodated in a neutral country
must fulfil in order to permit their repatriation shall be fixed, as
shall likewise their status, by agreement between the Powers concerned.
In general, prisoners of war who have been accommodated in a neutral
country, and who belong to the following categories, should be
repatriated:

(1) Those whose state of health has deteriorated so as to fulfil the
condition laid down for direct repatriation;

(2) Those whose mental or physical powers remain, even after treatment,
considerably impaired.

If no special agreements are concluded between the Parties to the
conflict concerned, to determine the cases of disablement or sickness
entailing direct repatriation or accommodation in a neutral country, such
cases shall be settled in accordance with the principles laid down in the
Model Agreement concerning direct repatriation and accommodation in
neutral countries of wounded and sick prisoners of war and in the
Regulations concerning Mixed Medical Commissions annexed to the present
Convention.

ARTICLE 111

The Detaining Power, the Power on which the prisoners of war depend, and
a neutral Power agreed upon by these two Powers, shall endeavour to
conclude agreements which will enable prisoners of war to be interned in
the territory of the said neutral Power until the close of hostilities.

ARTICLE 112

Upon the outbreak of hostilities, Mixed Medical Commissions shall be
appointed to examine sick and wounded prisoners of war, and to make all
appropriate decisions regarding them. The appointment, duties and
functioning of these Commissions shall be in conformity with the
provisions of the Regulations annexed to the present Convention.

However, prisoners of war who, in the opinion of the medical authorities
of the Detaining Power, are manifestly seriously injured or seriously
sick, may be repatriated without having to be examined by a Mixed Medical
Commission.

ARTICLE 113

Besides those who are designated by the medical authorities of the
Detaining Power, wounded or sick prisoners of war belonging to the
categories listed below shall be entitled to present themselves for
examination by the Mixed Medical Commissions provided for in the
foregoing Article:

(1) Wounded and sick proposed by a physician or surgeon who is of the
same nationality, or a national of a Party to the conflict allied
with the Power on which the said prisoners depend, and who
exercises his functions in the camp.

(2) Wounded and sick proposed by their prisoners’ representative.

(3) Wounded and sick proposed by the Power on which they depend, or by
an organization duly recognized by the said Power and giving
assistance to the prisoners.

Prisoners of war who do not belong to one of the three foregoing
categories may nevertheless present themselves for examination by Mixed
Medical Commissions, but shall be examined only after those belonging to
the said categories.

The physician or surgeon of the same nationality as the prisoners who
present themselves for examination by the Mixed Medical Commission,
likewise the prisoners’ representative of the said prisoners, shall have
permission to be present at the examination.

ARTICLE 114

Prisoners of war who meet with accidents shall, unless the injury is
self-inflicted, have the benefit of the provisions of this Convention as
regards repatriation or accommodation in a neutral country.