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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.
Article 115
No prisoner of war on whom a disciplinary punishment has been
imposed and who is eligible for repatriation or for accommodation
in a neutral country, may be kept back on the plea that he has not
undergone his punishment.
Prisoners of war detained in connection with a judicial
prosecution or conviction and who are designated for repatriation
or accommodation in a neutral country, may benefit by such
measures before the end of the proceedings or the completion of
the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the
names of those who will be detained until the end of the
proceedings or the completion of the punishment.
Article 116
The cost of repatriating prisoners of war or of transporting
them to a neutral country shall be borne, from the frontiers of
the Detaining Power, by the Power on which the said prisoners
depend.
Article 117
No repatriated person may be employed on active military
service.
Section II
RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE
CLOSE OF HOSTILITIES
Article 118
Prisoners of war shall be released and repatriated without
delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any
agreement concluded between the Parties to the conflict with a
view to the cessation of hostilities, or failing any such
agreement, each of the Detaining Powers shall itself establish and
execute without delay a plan of repatriation in conformity with
the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the
knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all
cases be equitably apportioned between the Detaining Power and the
Power on which the prisoners depend. This apportionment shall be
carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the
prisoners of war depend shall bear the costs of repatriation from
the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power
shall bear the costs of transport of prisoners of war over its own
territory as far as its frontier or its port of embarkation
nearest to the territory of the Power on which the prisoners of
war depend. The Parties concerned shall agree between themselves
as to the equitable apportionment of the remaining costs of the
repatriation. The conclusion of this agreement shall in no
circumstances justify any delay in the repatriation of the
prisoners of war.
Article 119
Repatriation shall be effected in conditions similar to those
laid down in Articles 46 to 48 inclusive of the present Convention
for the transfer of prisoners of war, having regard to the
provisions of Article 118 and to those of the following
paragraphs.
On repatriation, any articles of value impounded from
prisoners of war under Article 18, and any foreign currency which
has not been converted into the currency of the Detaining Power,
shall be restored to them. Articles of value and foreign currency
which, for any reason whatever, are not restored to prisoners of
war on repatriation, shall be despatched to the Information Bureau
set up under Article 122.
Prisoners of war shall be allowed to take with them their
personal effects, and any correspondence and parcels which have
arrived for them. The weight of such baggage may be limited, if
the conditions of repatriation so require, to what each prisoner
can reasonably carry. Each prisoner shall in all cases be
authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall
be left in the charge of the Detaining Power which shall have them
forwarded to him as soon as it has concluded an agreement to this
effect, regulating the conditions of transport and the payment of
the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an
indictable offence are pending may be detained until the end of
such proceedings, and, if necessary, until the completion of the
punishment. The same shall apply to prisoners of war already
convicted for an indictable offence.
Parties to the conflict shall communicate to each other the
names of any prisoners of war who are detained until the end of
the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions
shall be established for the purpose of searching for dispersed
prisoners of war and of assuring their repatriation with the least
possible delay.
Section III
DEATH OF PRISONERS OF WAR
Article 120
Wills of prisoners of war shall be drawn up so as to satisfy
the conditions of validity required by the legislation of their
country of origin, which will take steps to inform the Detaining
Power of its requirements in this respect. At the request of the
prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified
copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present
Convention, or lists certified by a responsible officer, of all
persons who die as prisoners of war shall be forwarded as rapidly
as possible to the Prisoner of War Information Bureau established
in accordance with Article 122. The death certificates or
certified lists shall show particulars of identity as set out in
the third paragraph of Article 17, and also the date and place of
death, the cause of death, the date and place of burial and all
particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded
by a medical examination of the body with a view to confirming
death and enabling a report to be made and, where necessary,
establishing identity.
The detaining authorities shall ensure that prisoners of war
who have died in captivity are honourably buried, if possible
according to the rites of the religion to which they belonged, and
that their graves are respected, suitably maintained and marked so
as to be found at any time. Wherever possible, deceased prisoners
of war who depended on the same Power shall be interred in the
same place.
Deceased prisoners of war shall be buried in individual graves
unless unavoidable circumstances require the use of collective
graves. Bodies may be cremated only for imperative reasons of
hygiene, on account of the religion of the deceased or in
accordance with his express wish to this effect. In case of
cremation, the fact shall be stated and the reasons given in the
death certificate of the deceased.
In order that graves may always be found, all particulars of
burials and graves shall be recorded with a Graves Registration
Service established by the Detaining Power. Lists of graves and
particulars of the prisoners of war interred in cemeteries and
elsewhere shall be transmitted to the Power on which such
prisoners of war depended. Responsibility for the care of these
graves and for records of any subsequent moves of the bodies shall
rest on the Power controlling the territory, if a Party to the
present Convention. These provisions shall also apply to the
ashes, which shall be kept by the Graves Registration Service
until proper disposal thereof in accordance with the wishes of the
home country.
Article 121
Every death or serious injury of a prisoner of war caused or
suspected to have been caused by a sentry, another prisoner of
war, or any other person, as well as any death the cause of which
is unknown, shall be immediately followed by an official enquiry
by the Detaining Power.
A communication on this subject shall be sent immediately to
the Protecting Power. Statements shall be taken from witnesses,
especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting
Power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all measures for the prosecution of the
person or persons responsible.
PART V. INFORMATION BUREAUX AND RELIEF SOCIETIES
FOR PRISONERS OF WAR
Article 122
Upon the outbreak of a conflict and in all cases of
occupation, each of the Parties to the conflict shall institute an
official Information Bureau for prisoners of war who are in its
power. Neutral or non-belligerent Powers who may have received
within their territory persons belonging to one of the categories
referred to in Article 4, shall take the same action with respect
to such persons. The Power concerned shall ensure that the
Prisoners of War Information Bureau is provided with the necessary
accommodation, equipment and staff to ensure its efficient
working. It shall be at liberty to employ prisoners of war in such
a Bureau under the conditions laid down in the Section of the
present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to
the conflict shall give its Bureau the information referred to in
the fourth, fifth and sixth paragraphs of this Article regarding
any enemy person belonging to one of the categories referred to in
Article 4, who has fallen into its power. Neutral or
non-belligerent Powers shall take the same action with regard to
persons belonging to such categories whom they have received
within their territory.
The Bureau shall immediately forward such information by the
most rapid means to the Powers concerned, through the intermediary
of the Protecting Powers and likewise of the Central Agency
provided for in Article 123.
This information shall make it possible quickly to advise the
next of kin concerned. Subject to the provisions of Article 17,
the information shall include, in so far as available to the
Information Bureau, in respect of each prisoner of war, his
surname, first names, rank, army, regimental, personal or serial
number, place and full date of birth, indication of the Power on
which he depends, first name of the father and maiden name of the
mother, name and address of the person to be informed and the
address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various
departments concerned information regarding transfers, releases,
repatriations, escapes, admissions to hospital, and deaths, and
shall transmit such information in the manner described in the
third paragraph above.
Likewise, information regarding the state of health of
prisoners of war who are seriously ill or seriously wounded shall
be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying
to all enquiries sent to it concerning prisoners of war, including
those who have died in captivity; it will make any enquiries
necessary to obtain the information which is asked for if this is
not in its possession.
All written communications made by the Bureau shall be
authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with
collecting all personal valuables, including sums in currencies
other than that of the Detaining Power and documents of importance
to the next of kin, left by prisoners of war who have been
repatriated or released, or who have escaped or died, and shall
forward the said valuables to the Powers concerned. Such articles
shall be sent by the Bureau in sealed packets which shall be
accompanied by statements giving clear and full particulars of the
identity of the person to whom the articles belonged, and by a
complete list of the contents of the parcel. Other personal
effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict
concerned.
Article 123
A Central Prisoners of War Information Agency shall be created
in a neutral country. The International Committee of the Red Cross
shall, if it deems necessary, propose to the Powers concerned the
organization of such an Agency.
The function of the Agency shall be to collect all the
information it may obtain through official or private channels
respecting prisoners of war, and to transmit it as rapidly as
possible to the country of origin of the prisoners of war or to
the Power on which they depend. It shall receive from the Parties
to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are
requested to give the said Agency the financial aid it may
require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International
Committee of the Red Cross, or of the relief societies provided
for in Article 125.
Article 124
The national Information Bureaux and the Central Information
Agency shall enjoy free postage for mail, likewise all the
exemptions provided for in Article 74, and further, so far as
possible, exemption from telegraphic charges or, at least, greatly
reduced rates.
Article 125
Subject to the measures which the Detaining Powers may
consider essential to ensure their security or to meet any other
reasonable need, the representatives of religious organizations,
relief societies, or any other organization assisting prisoners of
war, shall receive from the said Powers, for themselves and their
duly accredited agents, all necessary facilities for visiting the
prisoners, for distributing relief supplies and material, from any
source, intended for religious, educational or recreative
purposes, and for assisting them in organizing their leisure time
within the camps. Such societies or organizations may be
constituted in the territory of the Detaining Power or in any
other country, or they may have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on
condition, however, that such limitation shall not hinder the
effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red
Cross in this field shall be recognized and respected at all
times.
As soon as relief supplies or material intended for the
above-mentioned purposes are handed over to prisoners of war, or
very shortly afterwards, receipts for each consignment, signed by
the prisoners' representative, shall be forwarded to the relief
society or organization making the shipment. At the same time,
receipts for these consignments shall be supplied by the
administrative authorities responsible for guarding the prisoners.
PART VI. EXECUTION OF THE CONVENTION
Section I
GENERAL PROVISIONS
Article 126
Representatives or delegates of the Protecting Powers shall
have permission to go to all places where prisoners of war may be,
particularly to places of internment, imprisonment and labour, and
shall have access to all premises occupied by prisoners of war;
they shall also be allowed to go to the places of departure,
passage and arrival of prisoners who are being transferred. They
shall be able to interview the prisoners, and in particular the
prisoners' representatives, without witnesses, either personally
or through an interpreter.
Representatives and delegates of the Protecting Powers shall
have full liberty to select the places they wish to visit. The
duration and frequency of these visits shall not be restricted.
Visits may not be prohibited except for reasons of imperative
military necessity, and then only as an exceptional and temporary
measure.
The Detaining Power and the Power on which the said prisoners
of war depend may agree, if necessary, that compatriots of these
prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall enjoy the same prerogatives. The appointment of such
delegates shall be submitted to the approval of the Power
detaining the prisoners of war to be visited.
Article 127
The High Contracting Parties undertake, in time of peace as in
time of war, to disseminate the text of the present Convention as
widely as possible in their respective countries, and, in
particular, to include the study thereof in their programmes of
military and, if possible, civil instruction, so that the
principles thereof may become known to all their armed forces and
to the entire population.
Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the
text of the Convention and be specially instructed as to its
provisions.
Article 128
The High Contracting Parties shall communicate to one another
through the Swiss Federal Council and, during hostilities, through
the Protecting Powers, the official translations of the present
Convention, as well as the laws and regulations which they may
adopt to ensure the application thereof.
Article 129
The High Contracting Parties undertake to enact any
legislation necessary to provide effective penal sanctions for
persons committing, or ordering to be committed, any of the grave
breaches of the present Convention defined in the following
Article.
Each High Contracting Party shall be under the obligation to
search for persons alleged to have committed, or to have ordered
to be committed, such grave breaches, and shall bring such
persons, regardless of their nationality, before its own courts.
It may also, if it prefers, and in accordance with the provisions
of its own legislation, hand such persons over for trial to
another High Contracting Party concerned, provided such High
Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for
the suppression of all acts contrary to the provisions of the
present Convention other than the grave breaches defined in the
following Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less
favourable than those provided by Article 105 and those following
of the present Convention.
Article 130
Grave breaches to which the preceding Article relates shall be
those involving any of the following acts, if committed against
persons or property protected by the Convention: wilful killing,
torture or inhuman treatment, including biological experiments,
wilfully causing great suffering or serious injury to body or
health, compelling a prisoner of war to serve in the forces of the
hostile Power, or wilfully depriving a prisoner of war of the
rights of fair and regular trial prescribed in this Convention.
Article 131
No High Contracting Party shall be allowed to absolve itself
or any other High Contracting Party of any liability incurred by
itself or by another High Contracting Party in respect of breaches
referred to in the preceding Article.
Article 132
At the request of a Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between the interested
Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for
the enquiry, the Parties should agree on the choice of an umpire
who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the
conflict shall put an end to it and shall repress it with the
least possible delay.
Section II
FINAL PROVISIONS
Article 133
The present Convention is established in English and in
French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official
translations of the Convention to be made in the Russian and
Spanish languages.
Article 134
The present Convention replaces the Convention of 27 July,
1929, in relations between the High Contracting Parties.
Article 135
In the relations between the Powers which are bound by the
Hague Convention respecting the Laws and Customs of War on Land,
whether that of July 29, 1899, or that of October 18, 1907, and
which are parties to the present Convention, this last Convention
shall be complementary to Chapter II of the Regulations annexed to
the above-mentioned Conventions of the Hague.
Article 136
The present Convention, which bears the date of this day, is
open to signature until February 12, 1950, in the name of the
Powers represented at the Conference which opened at Geneva on
April 21, 1949; furthermore, by Powers not represented at that
Conference, but which are parties to the Convention of July 27,
1929.
Article 137
The present Convention shall be ratified as soon as possible
and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument
of ratification and certified copies of this record shall be
transmitted by the Swiss Federal Council to all the Powers in
whose name the Convention has been signed, or whose accession has
been notified.
Article 138
The present Convention shall come into force six months after
not less than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting
Party six months after the deposit of the instrument of
ratification.
Article 139
From the date of its coming into force, it shall be open to
any Power in whose name the present Convention has not been
signed, to accede to this Convention.
Article 140
Accessions shall be notified in writing to the Swiss Federal
Council, and shall take effect six months after the date on which
they are received.
The Swiss Federal Council shall communicate the accessions to
all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Article 141
The situations provided for in Articles 2 and 3 shall give
immediate effect to ratifications deposited and accessions
notified by the Parties to the conflict before or after the
beginning of hostilities or occupation. The Swiss Federal Council
shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Article 142
Each of the High Contracting Parties shall be at liberty to
denounce the present Convention.
The denunciation shall be notified in writing to the Swiss
Federal Council, which shall transmit it to the Governments of all
the High Contracting Parties.
The denunciation shall take effect one year after the
notification thereof has been made to the Swiss Federal Council.
However, a denunciation of which notification has been made at a
time when the denouncing Power is involved in a conflict shall not
take effect until peace has been concluded, and until after
operations connected with release and repatriation of the persons
protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the
denouncing Power. It shall in no way impair the obligations which
the Parties to the conflict shall remain bound to fulfil by virtue
of the principles of the law of nations, as they result from the
usages established among civilized peoples, from the laws of
humanity and the dictates of the public conscience.
Article 143
The Swiss Federal Council shall register the present
Convention with the Secretariat of the United Nations. The Swiss
Federal Council shall also inform the Secretariat of the United
Nations of all ratifications, accessions and denunciations
received by it with respect to the present Convention.
In witness whereof the undersigned, having deposited their
respective full powers, have signed the present Convention.
Done at Geneva this twelfth day of August 1949, in the English
and French languages. The original shall be deposited in the
Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory
and acceding States.
Annex I
MODEL AGREEMENT
CONCERNING DIRECT REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR
(see Article 110)
I. PRINCIPLES FOR DIRECT REPATRIATION AND
ACCOMMODATION IN NEUTRAL COUNTRIES
A. Direct repatriation
The following shall be repatriated direct:
1. All prisoners of war suffering from the following
disabilities as the result of trauma: loss of a limb, paralysis,
articular or other disabilities, when this disability is at least
the loss of a hand or a foot, or the equivalent of the loss of a
hand or a foot.
Without prejudice to a more generous interpretation, the
following shall be considered as equivalent to the loss of a hand
or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb
and forefinger of one hand; loss of a foot, or of all the toes
and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial
contracture preventing the functioning of one of the large
articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones.
(d) Deformities due to fracture or other injury which
seriously interfere with function and weight-bearing power.
2. All wounded prisoners of war whose condition has become
chronic, to the extent that prognosis appears to exclude
recovery - in spite of treatment - within one year from the date
of the injury, as, for example, in case of:
(a) Projectile in the heart, even if the Mixed Medical
Commission should fail, at the time of their examination, to
detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if
the Mixed Medical Commission cannot, at the time of
examination, detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot be foreseen in the
course of the year following the injury, and which seems
likely to result in ankylosis of a joint, or other impairments
equivalent to the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large
joints.
(e) Injury to the skull, with loss or shifting of bony
tissue.
(f) Injury or burning of the face with loss of tissue and
functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which
are equivalent to the loss of a hand or foot, and the cure of
which requires more than a year from the date of injury, for
example: injury to the brachial or lumbosacral plexus median
or sciatic nerves, likewise combined injury to the radial and
cubital nerves or to the lateral popliteal nerve (N. peroneus
communis) and medial popliteal nerve (N. tibialis); etc. The
separate injury of the radial (musculo-spiral), cubital,
lateral or medial popliteal nerves shall not, however, warrant
repatriation except in case of contractures or of serious
neurotrophic disturbance.
(i) Injury to the urinary system, with incapacitating
results.
3. All sick prisoners of war whose condition has become
chronic to the extent that prognosis seems to exclude
recovery - in, spite of treatment - within one year from the
inception of the disease, as, for example, in case of:
(a) Progressive tuberculosis of any organ which, according
to medical prognosis, cannot be cured or at least considerably
improved by treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of
non-tubercular etiology, presumed incurable, for example:
serious pulmonary emphysema, with or without bronchitis;
chronic asthma <*>; chronic bronchitis <*> lasting more than
one year in captivity; bronchiectasis <*>; etc.
(d) Serious chronic affections of the circulatory system,
for example: valvular lesions and myocarditis <*>, which have
shown signs of circulatory failure during captivity, even
though the Mixed Medical Commission cannot detect any such
signs at the time of examination; affections of the
pericardium and the vessels (Buerger's disease, aneurism of
the large vessels); etc.
(e) Serious chronic affections of the digestive organs,
for example: gastric or duodenal ulcer; sequelae of gastric
operations performed in captivity; chronic gastritis,
enteritis or colitis, having lasted more than one year and
seriously affecting the general condition; cirrhosis of the
liver; chronic cholecystopathy <*>; etc.
(f) Serious chronic affections of the genito-urinary
organs, for example: chronic diseases of the kidney with
consequent disorders; nephrectomy because of a tubercular
kidney; chronic pyelitis or chronic cystitis; hydronephrosis
or pyonephrosis; chronic grave gynaecological conditions;
normal pregnancy and obstetrical disorder, where it is
impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral
nervous system, for example: all obvious psychoses and
psychoneuroses, such as serious hysteria, serious captivity
psychoneurosis, etc., duly verified by a specialist <*>; any
epilepsy duly verified by the camp physician <*>; cerebral
arteriosclerosis; chronic neuritis lasting more than one year;
etc.
(h) Serious chronic diseases of the neuro-vegetative
system, with considerable diminution of mental or physical
fitness, noticeable loss of weight and general asthenia.
(i) Blindness of both eyes, or of one eye when the vision
of the other is less than 1 in spite of the use of corrective
glasses; diminution of visual acuity in cases where it is
impossible to restore it by correction to an acuity of 1/2 in
at least one eye <*>; other grave ocular affections, for
example: glaucoma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total unilateral deafness,
if the other ear does not discern the ordinary spoken word at
a distance of one metre <*>; etc.
(l) Serious affections of metabolism, for example:
diabetes mellitus requiring insulin treatment; etc.
(m) Serious disorders of the endocrine glands, for
example: thyrotoxicosis; hypothyrosis; Addison's disease;
Simmonds' cachexia; tetany; etc.
(n) Grave and chronic disorders of the blood-forming
organs.
(o) Serious cases of chronic intoxication, for example:
lead poisoning, mercury poisoning, morphinism, cocainism,
alcoholism; gas or radiation poisoning; etc.
(p) Chronic affections of locomotion, with obvious
functional disorders, for example: arthritis deformans;
primary and secondary progressive chronic polyarthritis;
rheumatism with serious clinical symptoms; etc.
(q) Serious chronic skin diseases, not amenable to
treatment.
(r) Any malignant growth.
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