Geneva Convention (III) in the United States

Article 9

The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red
Cross or any other impartial humanitarian organization may, subject to
the consent of the Parties to the conflict concerned, undertake for the
protection of prisoners of war and for their relief.

Article  10

The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present
Convention.

When prisoners of war do not benefit or cease to benefit, no matter for
what reason, by the activities of a Protecting Power or of an
organization provided for in the first paragraph above, the Detaining
Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a
Protecting Power designated by the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the
offer of the services of a humanitarian organization, such as the
International Committee of the Red Cross to assume the humanitarian
functions performed by Protecting Powers under the present Convention.

Any neutral Power or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense
of responsibility towards the Party to the conflict on which persons
protected by the present Convention depend, and shall be required to
furnish sufficient assurances that it is in a position to undertake the
appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted, even temporarily,
in its freedom to negotiate with the other Power or its allies by reason
of military events, more particularly where the whole, or a substantial
part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power,
such mention applies to substitute organizations in the sense of the
present Article.

Article 11

In cases where they deem it advisable in the interest of protected
persons, particularly in cases of disagreement between the Parties to the
conflict as to the application or interpretation of the provisions of the
present Convention, the Protecting Powers shall lend their good offices
with a view to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the Parties
to the conflict a meeting of their representatives, and in particular of
the authorities responsible for prisoners of war, possibly on neutral
territory suitably chosen. The Parties to the conflict shall be bound to
give effect to the proposals made to them for this purpose. The
Protecting Powers may, if necessary, propose for approval by the Parties
to the conflict a person belonging to a neutral Power, or delegated by
the International Committee of the Red Cross, who shall be invited to
take part in such a meeting.

Part II

General Protection of Prisioners of War

Article 12

Prisoners of war are in the hands of the enemy Power, but not of the
individuals or military units who have captured them. Irrespective of the
individual responsibilities that may exist, the Detaining Power is
responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a
Power which is a party to the Convention and after the Detaining Power
has satisfied itself of the willingness and ability of such transferee
Power to apply the Convention. When prisoners of war are transferred
under such circumstances, responsibility for the application of the
Convention rests on the Power accepting them while they are in its
custody.

Nevertheless, if that Power fails to carry out the provisions of the
Convention in any important respect, the Power by whom the prisoners of
war were transferred shall, upon being notified by the Protecting Power,
take effective measures to correct the situation or shall request the
return of the prisoners of war. Such requests must be complied with.

Article 13

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.

Article 14

Prisoners of war are entitled in all circumstances to respect for their
persons and their honour.

Women shall be treated with all the regard due to their sex and shall in
all cases benefit by treatment as favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed
at the time of their capture. The Detaining Power may not restrict the
exercise, either within or without its own territory, of the rights such
capacity confers except in so far as the captivity requires.

Article 15

The Power detaining prisoners of war shall be bound to provide free of
charge for their maintenance and for the medical attention required by
their state of health.

Article 16

Taking into consideration the provisions of the present Convention
relating to rank and sex, and subject to any privileged treatment which
may be accorded to them by reason of their state of health, age or
professional qualifications, all prisoners of war shall be treated alike
by the Detaining Power, without any adverse distinction based on race,
nationality, religious belief or political opinions, or any other
distinction founded on similar criteria.

Part III

Capticity

Section I

Beginning og Captivity

Article 17

Every prisoner of war, when questioned on the subject, is bound to give
only his surname, first names and rank, date of birth, and army,
regimental, personal or serial number, or failing this, equivalent
information.

If he wilfully infringes this rule, he may render himself liable to a
restriction of the privileges accorded to his rank or status.

Each Party to a conflict is required to furnish the persons under its
jurisdiction who are liable to become prisoners of war, with an identity
card showing the owner’s surname, first names, rank, army, regimental,
personal or serial number or equivalent information, and date of birth.
The identity card may, furthermore, bear the signature or the
fingerprints, or both, of the owner, and may bear, as well, any other
information the Party to the conflict may wish to add concerning persons
belonging to its armed forces. As far as possible the card shall measure
6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be
shown by the prisoner of war upon demand, but may in no case be taken
away from him.

No physical or mental torture, nor any other form of coercion, may be
inflicted on prisoners of war to secure from them information of any kind
whatever. Prisoners of war who refuse to answer may not be threatened,
insulted, or exposed to unpleasant or disadvantageous treatment of any
kind.
Prisoners of war who, owing to their physical or mental condition, are
unable to state their identity, shall be handed over to the medical
service. The identity of such prisoners shall be established by all
possible means, subject to the provisions of the preceding paragraph.

The questioning of prisoners of war shall be carried out in a language
which they understand.