WAR PRISONERS

Wairarapa Times-Age, 22 December 1943, Page 4

WAR PRISONERS

POSITION OF REPATRIATED MEN MINISTERIAL STATEMENT. INTERNATIONAL CONVENTIONS. “From articles which have appeared in the newspapers, and from letters received from repatriated prisoners of war, it is clear that very great misconceptions exist concerning the position of such men,” said the Ministei of Defence (Mr Jones) in a statement. There appeared to be' considerable confusion concerning the position of repatriated protected personnel in particular, and it had been suggested that it was contrary to the provisions of the international conventions for . such personnel to be re-employed. This was far from being the fact. It was not generally realised, continued the Minister, that prisoners of war who reach their home country might belong to one of several classes, and their treatment varied accordingly. The following classes had to be considered: —

(a) Escaped prisoners of war or prisoners of war freed as the result of enemy territory being" captuied. (b) Sick and wounded prisoners of war who have been repatriated as the result of the decision of a Mixed Medical Commission held in accordance with Articles 68 and 69 of the Prisoners of War Convention. (c) Prisoners of war who have been released on parole. (d) Protected personnel, who have been repatriated under the provisions of the Bed Cross Convention. The international agreements which concerned these men were:—(l) Chapter 2 of the Hague Rules, 1907. (2) The Prisoner of War Convention, 1929. (3) The Red Cross Convention, 1929, and (4)" the Convention Concerning the Rights and Duties of Neutral Powers and Persons in War on Land, 1907. “First, as regards escaped prisoners of war,” said Mr Jones, “Article 50 of the Prisoner of War Convention provides that escaped prisoners of war who are recaptured before, they have rejoined their own forces or have left territoryoccupied by the enemy forces, shall be liable only to disciplinary punishment, ‘•Prisoners who, after succeeding in rejoining their own armed forces 01 in leaving the territory occupied by the armed forces which captured them, are again taken prisoner ‘shall not be liable to any punishment for their previous escape.’ FURTHER SERVICE,. “There is, therefore, no penalty incurred by an escaped prisoner who has rejoined his forces and later been lecaptured, and there is no objection as far as international agreement-is concerned against his continuing to be employed in his own forces after his escape. “Naturally, also, where our prisoners are freed by our own armed forces, there is no restriction on the use of their services with the army. “Where our men manage to escape into neutral territory, the position is governed by Article 13 of the Neutrality Convention, which provides: ‘A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.’ SICK AND WOUNDED. “Secondly, as yegards repatriated sick and wounded prisoners of war, these are returned under the provisions of Articles 68-69 of the Prisoners of War Convention which provide that ‘belligerents shall be required to send back to their own country, without regard to rank or numbers, prisoners of war who are seriously ill or seriously wounded.’ The decision concerning these men is made by a Mixed Medical Commission consisting of two medical officers from a neutral country and one from the detaining Power. “Article 74 of the Convention, relating to repatriation of this type, and also to repatriation by agreement of prisoners of war in good health, provides that ‘no repatriated person shall bo employed on active military service.’ , ... “No agreement has been entered into between New Zealand and enemy Governments for the return of prisoner of war in sound health, but a considerable number of sick and wounded aie being, "or have been, repatriated. “In accordance with the international agreement, none of these men will be again employed overseas. “Thirdly, as regards prisoners of war who have been released on parole: Army orders for British and New Zealand troops provide that no parole is to be given (except for temporary purposes, such as walks outside camps) by our prisoners of war, and no New Zealand prisoners of war have been released on parole from captivity. “Article 10 of the Hague Rules provides that prisoners of war may be set at liberty on parole, if the laws of their country allow it, and, in such' cases, their .own Government is bound not to ask them to undertake any service incompatible with the parole given. PROTECTED PERSONNEL “Fourthly, as regards protected personnel, by which term is meant the personnel engaged exclusively in the collection, transport, and treatment of the wounded and sick, and in the administration of medical formations and establishments, and chaplains attached to armies.' Medical and dental officers, ‘medical orderlies, stretcher bearers, chaplains, and drivers of medical tiansport are all protected personnel. “It is in connection with such repatriated protected personnel that the greatest confusion has arisen, as their repatriation is governed by the provisions of the Red Cross Convention, 1929, and not by the terms of the. Prisoners of War Convention. “Article 9 of the Red Cross'Convention provides that ,if protected personnel ‘fall into the hands of the enemy they shall not be treated as prisoneis of war,’ while Article 12 provides:—‘ln the absence of an agreement to the contrary, they shall be sent back to the belligerents to which they belong as soon as a route for their return shall be open and military considerations permit. Pending their return, they shall continue to carry out their duties under the direction of the enemy; they shall preferably be engaged in the care of the wounded and sick of the belligerent to which they belong.’ “It will be observed, therefore, that the Convention provides that captured protected, personnel are not prisoners of war, and are to be handed back as soon as possible. As their duties are of a non-combatant nature, and they must

care for enemy wounded as well as their own, there is no restriction of any sort on their re-employment. POSITION SUMMARISED. “The position may therefore be summarised as follows: — “1. Escaped prisoners of war or those released by our own forces, or repatriated protected personnel, may all be re-employed anywhere without incurring any punishment if they are re- 1 captured. “2. Sick and wounded prisoners of war, repatriated as the result of a decision by a Mixed Medical Commission,' will not be again employed overseas. “3. The only prisoners of war who have been repatriated from Germany and Italy to New Zealand are of the classes mentioned in 1 and 2.”