Treaties, States Parties and Commentaries
Treaties and Documents
Geneva Conventions of 1949 and Additional Protocols, and their Commentaries
Historical Treaties and Documents
Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
I. -- Principles for direct repatriation and accommodation in neutral countries
[p.650] ANNEX I
MODEL AGREEMENT CONCERNING DIRECT
REPATRIATION AND ACCOMMODATION IN NEUTRAL
COUNTRIES OF WOUNDED AND SICK PRISONERS
(see Article 110
relating to the repatriation and accommodation in a neutral country of wounded and sick prisoners of war will, if need be, be supplemented by special agreements laying down the practical procedure to be followed. These agreements, which will depend very much on circumstances, cannot be concluded in advance and may encounter considerable obstacles. In order to provide a firm basis for negotiation and, where necessary, to make up for any absence of agreement, the Convention proposes a model agreement to the Parties to the conflict. Regardless whether a special agreement is actually concluded, the Convention requires the Parties to respect all the principles set forth in the Model Agreement. The Model Agreement is therefore more than a reference document; it constitutes a minimum of agreement between the Parties so long as no special arrangement is concluded between them.
A similar Model Agreement was annexed to the 1929 Convention; in the present Annex, however, items I.A.(1) (a), (b), (c), and (d) and (2) are new. The interpretation of such a text is a matter for specialists, but some indications as to interpretation are given in the section entitle "General Observations" at the end of the Model Agreement. In particular, it is stated that the provisions of the Model Agreement must be interpreted and applied ' in as broad a spirit as possible, ' and also they must be interpreted and applied ' in a similar manner in all countries Party to the conflict, ' in order to ensure the utmost equality of treatment of prisoners of war. Lastly, although detailed, the list of cases referred to in the Annex is not exhaustive. In all cases for which no express provision is made, the attitude of the Mixed Medical Commissions must be guided by the spirit of Article 110
and the general spirit of the Model Agreement.