The ICRC’s original remit was to alleviate the suffering of members of thearmed forces during armed conflict. It soon became clear, however, that therewas also a need to respond to the distress of families caused by not knowingwhat had happened to their relatives. Recognition of this need prompted theICRC, as early as 1870, to establish an agency for this purpose, initially on anad hoc basis. The structure took on greater permanence during and after theFirst World War, a fact acknowledged in the 1929 Geneva Convention on Prisonersof War. In 1949, the Diplomatic Conference reaffirmed the importance of theAgency’s work, incorporating in the present provision of the Third Convention anobligation for High Contracting Parties to establish such a body for prisonersof war. The same obligation with respect to civilian internees and otherprotected civilians was included in the Fourth Convention.

Article 80 concerns the duties of prisoners’ representatives. The factthat they have been elected and have accepted that mandate or have beenappointed by reason of their seniority gives prisoners’ representativesthe general power to represent their fellow prisoners of war. This powermust, however, be exercised diligently and with certain ends in view.Various provisions of the Third Convention set out the duties ofprisoners’ representatives, as indicated in the second paragraph ofArticle 80. By contrast, the first paragraph contains a generalstatement of the duties of prisoners’ representatives. The wording isbroad and gives prisoners’ representatives sufficient latitude to act onbehalf of prisoners of war. Their purpose is generally to contribute toimproving the well-being of prisoners of war and to ensuring the properimplementation of the Convention. The final paragraph provides thatprisoners’ representatives may not be held responsible, because of theirduties, for offences committed by prisoners of war.

Article 105 lays down the rights and means of defence of a prisonerof war facing trial. Together with the ensemble of provisions in thesection on judicial proceedings (Articles 99–108), it sets out thefair trial guarantees that an accused prisoner of war must benefitfrom. There is substantive overlap between the judicial guaranteesapplicable at the trial and pretrial phases, and reference mustaccordingly be made especially to Articles 103 and 104 and theircommentaries.

Article 38 formulates duties for the Detaining Power and entitlementsfor prisoners of war that aim to foster their physical and mentalwell-being. Captivity may take a great toll not only on the physicalhealth of prisoners of war but also on their morale and mental health,especially in the case of prolonged internment. It is thereforeessential that prisoners of war have time for and access to thepurposeful activities set out in this provision.

Article 18 reaffirms and strengthens a long-standing principle ofinternational law: the right to capture war booty is limited to property ofthe enemy State to the exclusion of all private belongings of a prisoner ofwar. The limitations on the right to capture war booty have been animportant part of the laws and customs of war for centuries. The DetainingPower is therefore under an obligation to regulate the exercise of thatright in accordance with the Geneva Conventions.