Article 39 is the first article of chapter VI of the Third Conventionentitled ‘Discipline’. Maintaining order and discipline inprisoner-of-war camps is vital for the Detaining Power in fulfilling itsduty to treat prisoners of war in accordance with the Convention.

Until the early twentieth century, most multilateral treaties were writtenin only one or two languages. The 1929 Geneva Conventions, for example, wereconcluded only in French, which was still the leading diplomatic language atthat time.

Prisoners of war are not to be held in secret. Recording information aboutan individual’s detention serves to account for their whereabouts, therebyensuring that no one goes missing or is forcibly disappeared. The fact of aprisoner of war’s capture must be communicated at the earliest possiblemoment following capture, and within certain time limits, to the prisoner’sfamily and to the Central Prisoners of War Agency (now known, and hereinreferred to, as the Central Tracing Agency, which has always functionedunder the responsibility of the ICRC). Information regarding the capture,together with certain other details, is provided in a number of ways. One ofthese is through the cards that are the subject of the present article.

Prisoners of war are in the hands of the enemy Power, but not of theindividuals or military units who have captured them. Irrespective of theindividual responsibilities that may exist, the Detaining Power is responsiblefor the treatment given them.

The Third Convention does not prohibit the imposition of the deathpenalty on prisoners of war. However, if the laws of a DetainingPower in an international armed conflict provide for the deathpenalty for certain crimes, the Convention imposes strictlimitations on its use in relation to prisoners of war. Furthermore,States’ obligations under Articles 100 and 101 must be read in lightof other restrictions under international humanitarian law and ofpossible international commitments to abolish the death penalty. Ifa State has decided to renounce using the death penalty, it wouldnot be able to rely on Article 100 to impose this sentence onprisoners of war.

Article 45 is the last of three provisions in Chapter VII of the ThirdConvention containing rules regarding notification of military titlesand ranks and the treatment owed to the holders of these ranks when theybecome prisoners of war. It complements Article 44, which requires thatofficers and prisoners of equivalent status be afforded preferentialtreatment. For its part, Article 45 provides that the hierarchicalstructure based on rank and age among prisoners of war other thanofficers and prisoners of equivalent status must be retained andrespected during their captivity.

Prisoners of war must at all times be humanely treated. Any unlawful act oromission by the Detaining Power causing death or seriously endangering thehealth of a prisoner of war in its custody is prohibited and will be regarded asa serious breach of the present Convention. In particular, no prisoner of warmay be subjected to physical mutilation or to medical or scientific experimentsof any kind which are not justified by the medical, dental or hospital treatmentof the prisoner concerned and carried out in his interest.