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Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.

Commentary - Art. 116. Part IV : Termination of captivity #Section I : Direct repatriation and accommodation in neutral countries

ARTICLE 116

. -- COSTS OF REPATRIATION

The present provision is similar to Article 73

of the 1929 Convention. As has been done wherever it occurred in the 1929 text, however, the expression "Power in whose armed forces prisoners served" has been replaced by the words "Power on which the prisoners depend" in order to take into account the fact that certain military personnel do not necessarily serve in the armed forces of their Power of origin. Certain merchant seamen and civilian air crews are in a similar position (1).

In the case of transport by air, special arrangements must be made unless it is considered that the obligation of the Detaining Power ceases at the airfield in its territory which is nearest to the territory of the Power on which prisoners of war depend, by analogy with the solution provided in Article 118, paragraph 4 (b

, in the case of transport by sea (2).

* (1) [(2) p.537] See ' Report on the Work of the Conference of

Government Experts, ' pp. 241-242;

(2) [(3) p.537] See below the commentary on Article 118,

paragraph 4;