ICRC databases on international humanitarian law
  • Print page
Commentary - Art. 114. Part IV : Termination of captivity #Section I : Direct repatriation and accommodation in neutral countries
    ARTICLE 114. -- PRISONERS MEETING WITH ACCIDENTS


    This provision is the same as that contained in Article 71 of the 1929 Convention, except that the latter referred only to accidents at work. The present text covers all accidents, whatever their nature (1).
    During the preparatory work before the 1949 Diplomatic Conference, the International Committee of the Red Cross suggested that it would be helpful if the Detaining Power could give Mixed Medical Commissions all useful information regarding the circum stances of any accidents (2).
    [p.534] An exception is made, for reasons which are easy to understand, in the case of prisoners who wilfully inflict injury on their own person, but the fact of this must be clearly established.
    It goes without saying that prisoners with self-inflicted injuries nevertheless receive all the care and attention which their condition requires; in stating that they will not "have the benefit of the provisions of this Convention", the present provision merely precludes their examination by a Mixed Medical Commission with a view to repatriation or accommodation in a neutral country. In this way, they will not be encouraged to resort to such practices.
    Reference should also be made to Article 54 , relating to occupational accidents and diseases.


    * (1) [(1) p.533] See ' Final Record of the Diplomatic
    Conference of Geneva of 1949, ' Vol. II-A, p. 365;

    (2) [(2) p.533] See ' Report on the Work of the Conference of
    Government Experts, ' p. 241;