In the very first article of each of the four 1949 Geneva Conventions, the HighContracting Parties ‘undertake to respect and to ensure respect for the presentConvention in all circumstances’. This clause attests to the special characterof the Conventions, a great many of whose rules give expression to ‘elementaryconsiderations of humanity’. The High Contracting Parties therefore deemed itappropriate to explicitly reiterate the general principle that the Conventionsare binding upon its Parties, which have ‘to respect’ them. Moreover, the HighContracting Parties commit themselves to do everything reasonably in their power‘to ensure respect’ for the Conventions. The phrase ‘to respect and to ensurerespect’ applies first and foremost to the High Contracting Parties themselves,their armed forces, other persons and groups acting on their behalf, and theirpopulations as a whole.

The Detaining Power is responsible for the treatment of the prisonersof war in its power. Article 23 sets out several rules that seek toensure the security of prisoners of war.

Article 97 is the first of two provisions regulating the executionof the disciplinary punishment of confinement. Although the headingof Article 97 is a general one, it is clear from the content of therules it contains that Article 97 deals only with punishment byconfinement, and not with the other disciplinary penalties listed inArticle 89. Whereas Article 97 sets out minimum standards primarilywith regard to the premises in which prisoners of war may servedisciplinary confinement, Article 98 lays down minimum standards oftreatment. Together, these provisions embody ‘the essentialsafeguards to be accorded to prisoners of war while servingdisciplinary sentences’.

Article 67 aims to ensure fair reimbursement of the payments made by theDetaining Power according to Article 60 and by the Power on which theprisoners depend according to Articles 63(3) and 68. As regards advances ofpay, the Convention no longer provides for the direct reimbursement of theDetaining Power by the Power on which the prisoners depend. Such advances,as well as payments made by the latter Power, must be settled by‘arrangements’ between the two Powers at the close of hostilities.

Article 113 complements Article 112, which provides that one of the tasksof mixed medical commissions is to examine sick and wounded prisoners of warto determine whether their medical condition qualifies them for directrepatriation or accommodation in a neutral country in accordance withArticles 109 and 110. Article 113 confirms this purpose and prescribes whichcategories of prisoners of war are entitled to such an examination.

Common Article 7 (Article 8 in the Fourth Convention) is a cornerstone of theregime established by the Geneva Conventions. Its purpose is to ensure thatprotected persons enjoy the protection of the Conventions until the last momentwhen international humanitarian law applies to them or to their situation. Itstates that the rights of protected persons are inalienable. Together withcommon Article 1 and the articles setting out the duration of application ofeach Convention, as well as common Article 6 (Article 7 in the FourthConvention) prohibiting special agreements that would derogate from theConventions, this article was designed to ensure that the protection of theConventions would be inviolable.

Article 51 provides details on the conditions of employment that must beaccorded to prisoners of war. It covers working conditions, health andsafety measures, protective equipment and training. It applies to allworking prisoners, including those who volunteer, those in labourdetachments and those working for private employers. Article 51 alsoprovides that the conditions of labour cannot be made more arduous by theimposition of disciplinary measures.