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be elected by them. Officer prisoners of war of the same nationality shall be stationed in labour camps for
prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of
war are responsible. These officers may be elected as prisoners' representatives under the first paragraph
of this Article. In such a case the assistants to the prisoners' representatives shall be chosen from among
those prisoners of war who are not officers. Every representative elected must be approved by the
Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to
approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the
reason for such refusal. In all cases the prisoners' representative must have the same nationality, language
and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different
sections of a camp, according to their nationality, language or customs, shall have for each section their
own prisoners' representative, in accordance with the foregoing paragraphs.
Article 80
Prisoners' representatives shall further the physical, spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance,
this organization will be within the province of the prisoners' representative, in addition to the special duties
entrusted to him by other provisions of the present Convention. Prisoners' representatives shall not be held
responsible, simply by reason of their duties, for any offences committed by prisoners of war.
Article 81
Prisoners' representatives shall not be required to perform any other work, if the accomplishment of their
duties is thereby made more difficult. Prisoners' representatives may appoint from amongst the prisoners
such assistants as they may require. All material facilities shall be granted them, particularly a certain
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Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
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freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments,
receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of
war are detained, and every prisoner of war shall have the right to consult freely his prisoners'
representative. All facilities shall likewise be accorded to the prisoners' representatives for communication
by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of
the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give
assistance to prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same
facilities for communication with the prisoners' representatives of the principal camp. Such communications
shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners'
representatives who are transferred shall be allowed a reasonable time to acquaint their successors with
current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power.
Chapter III
Penal and disciplinary sanctions
I. General provisions
Article 82
A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the
Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect
of any offence committed by a prisoner of war against such laws, regulations or orders. However, no
proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law,
regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be
punishable, whereas the same acts would not be punishable if committed by a member of the forces of the
Detaining Power, such acts shall entail disciplinary punishments only.
Article 83
In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of
war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise
the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.
Article 84
A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power
expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of
the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever
shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of
independence and impartiality as generally recognized, and, in particular, the procedure of which does not
afford the accused the rights and means of defence provided for in Article 105.
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Ein Projekt des Lehrstuhls für Öffentliches Recht insb. Völkerrecht, Europarecht sowie ausländisches Verfassungsrecht.
Europa-Universität Viadrina, Frankfurt (Oder), 2002
http://voelkerrecht.euv-frankfurt-o.de
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Article 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall
retain, even if convicted, the benefits of the present Convention.
Article 86
No prisoner of war may be punished more than once for the same act, or on the same charge.
Article 87
Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any
penalties except those provided for in respect of members of the armed forces of the said Power who have
committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall
take into consideration, to the widest extent possible, the fact that the accused, not being a national of the
Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of
circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the
penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound
to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments,
imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No
prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges.
Article 88
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial
punishment, shall not be subjected to more severe treatment than that applied in respect of the same
punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner
of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing
punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for
a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more
severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of
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