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International Law Studies—Volume 60 Documents on Prisoners of War Howard S. Levie (Editor) The thoughts and opinions expressed are those of the authors and not necessarily of the U.S. Government, the U.S. Department of the Navy or the Naval War College. DOCUMENTS ON PRISONERS OF WAR TABLE OF CONTENTS Preface . x Table of Documents . ix Abbreviations . • . • . • xxvi Documents . • . 1 Index . 841 TABLE OF DOCUMENTS DOC. NO. DATE TITLE PAGE 1 B.C. E. The Bible . 1 2 610-632 A.D. The Qur'an (Koran) 3 3 1179A.D. Decree of the Third Lateran Council . 4 4 30 January 1648 Treaty of Peace Between Spain and the Netherlands, signed at Munster, in Westphalia . 5 5 24 October 1648 Treaty of Peace Between France and Her Allies and the Holy Roman Empire and Its Allies, signed at Munster, in Westphalia . 6 6 21July 1774 Treaty of Kutschuk-Kainardji [Kucuk Kainardji], being A Treaty of Peace between Catherine II, Tsarina of Russia, and Abdul-Hamid I, Sultan of the Ottoman Empire . 7 7 10 September 1785 Treaty of Amity and Commerce between the King of Prussia and the United States of America (Berlin) . 8 8 4May1792 Decree of 4 May 1792 of the French National Assembly concerning Prisoners of War 10 9 3 August 1792 Decree of3 August 1792 of the French National Assembly concerning Prisoners ofWar Captured in Combat 12 IX DOC. NO. DATE TITLE PAGE 10 16 September 1792 Decree of 16 September 1792 of the French National Assembly concerning the Exchange of Prisoners ofWar .............. 13 11 25May1793 Decree of25 May 1793 of the French National Convention concerning a Uniform Method for the Exchange ofPrisoners [ofWar] . 14 12 4June 1805 Treaty of Peace and Amity between the United States of America and the Bashaw, Bey, and Subjects of Tripoli, in Barbary ................... 16 13 4 August 1811 Imperial Decree of 4 August 1811 Concerning Prisoners ofWar and Hostages (France) ............. 17 14 12May1813 Cartel for the Exchange of Prisoners ofWar Between Great Britain and the United States of America ..................... 18 15 24 December 1814 Treaty of Peace and Amity between His Britannic Majesty and the United States of America (Ghent) .............. 23 16 30June 1815 Treaty of Peace and Amity Con- eluded Between the United States of America and His Highness Omar Bashaw, Dey of Algiers ................ 24 17 26 November 1820 Convention Between Colombia and Spain for the Regularization of the War (Trujillo) ........... 26 18 14 September 1829 Treaty of Adrianople, being A Treaty of Peace between the Emperor of Russia and the Emperor of the Ottomans ...... 28 19 24 October 1832 Opinion of the [British] King's Advocate concerning the Improper Treatment of Prisoners of War (London) 29 20 4/5 November 1847 Proclamation od General Guillaume H. Dufour during the Swiss Civil War of 1847 (TheWar of the Sonderbund) ................. 31 X DOC. NO. DATE TITLE PAGE 21 2 February 1848 Treaty of Peace, Friendship, Limits, and Settlements between the United States of America and the United Mexican States (Guadalupe Hidalgo) .... 32 22 22July 1862 The "Dix-Hill Cartel" for the General Exchange of Prisoners ofWar Entered into between the Union and Confederate Armies ...................... 34 23 24 April1863 Instructions for the Government of the Armies of the United States in the Field (The "Lieber Code") ............... 37 24 22 August 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field ........................ 45 25 24 October 1865 United States v. Henry Wirz ..... 46 26 20 October 1868 Additional Articles Relating to the Condition of theWounded of Armies in the Field (Geneva) ... 57 27 27 August 1874 Declaration of Brussels .......... 58 28 29July 1899 1899 Hague Convention II with Respect to the Laws and Customs of War on Land (with Annexed Regulations) .... 61 29 29July 1899 1899 Hague Convention III for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of August 22, 1864 .. 65 30 31May1902 Treaty ofVereeniging (Treaty of Peace between the Orange Free State and the South African Republic with Great Britain) ... 66 31 c. 1902 The "Usages of War on Land" (Kriegsbrauch im Landkriege) . 67 32 6July1906 Geneva Convention for the Amelioration of the Condition of the Wounded of the Armies in the Field .................. 74 33 18 October 1907 1907 Hague Convention IV with Respect to the Laws and Customs ofWar on Land (with Annexed Regulation) ..... 76 XI DOC. NO. DATE TITLE PAGE 34 18 October 1907 1907 Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land 81 35 18 October 1907 1907 Hague Convention X for the Adaptation to Maritime Warfare of the Geneva Convention [of6July 1906] ............... 83 36 18 October 1907 1907 Hague Convention XI Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War ................... 85 37 2July 1917 Agreement between Great Britain and Germany Concerning Combatant and Civilian Prisoners of War (The Hague) 86 38 3March 1918 Treaty of Brest-Litovsk between Germany, Austria-Hungary, Bulgaria, and Turkey on the One Hand, and Russia on the Other, Together with a German- Russian Agreement Supplemen- tary to the Peace Treaty ....... 94 39 1July 1918 General Orders No. 106, General Headquarters, American Expeditionary Forces, France ...................... 96 40 14July 1918 Agreement between the British and German Governments Con- cerning Combatant Prisoners of War and Civilians (The Hague) 101 41 11 November 1918 Conditions of an Armistice between the Allied and Associated Powers and Germany (Compiegne, France) 114 42 11 November 1918 Agreement between the United States and Germany concerning Prisoners ofWar, Sanitary Personnel, and Civilians (Berne) 115 43 29 March 1919 Report of the Commission on the Responsibility of the Authors of the [First World] War and on the Enforcement of Penalties ...... 158 XII DOC. NO. DATE TITLE PAGE 44 28June 1919 Treaty of Peace between the Allied and Associated Powers, on the One Part, and Germany, of the Other Part (Versailles) . 165 45 2 February 1920 Treaty of Peace between Russia and Esthonia (Tartu, Esthonia) . 169 46 19 April1920 Agreement between Germany and the Russian Socialist Federal Soviet Republic with Regard to the Mutual Repatriation of Prisoners of War and Interned Civilians (Berlin) . 171 47 19 February 1923 Rules of Aerial Warfare Drafted by an International Commission of Jurists Established by the Washington Diplomatic Conference on the Limitation of Armament (The Hague) ....... 175 48 27 July 1929 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field . 176 49 27 July 1929 Geneva Convention Relative to the Treatment of Prisoners ofWar ....................... 178 50 22 June 1940 Armistice Agreement between the Chief of the German High Command and French Plenipo- tentiaries (Forest of Compiegne, France) . 201 51 16 June 1941 Regulations Pertaining to Prisoners ofWar: Translation of a Collection of Orders Issued by the Supreme Command of the Wehrmachtfrom 16June 1941 to 15 January 1945 (Berlin) . 203 52 24 December 1941 Agreement between the United States and Italy Supplementing the 1929 Geneva Prisoner-of- War Convention (Berne, December 1941.June 1942) . 215 53 21 January 1942 Rex v. Giuseppe and Others (South Africa, Supreme Court, Trans. Prov. Div.) . 224 XIII DOC. NO. DATE TITLE PAGE 54 4 March 1942 Arrangement between the United States of America and Germany Respecting Reciprocal Applica- tion of the Model Agreement concerning Repatriation and Hospitalization of Prisoners of War annexed to the Convention [Relative to the Treatment of Prisoners ofWar] signed at GenevaJuly27, 1929 (Washington) . 226 55 29 October 1942 Ex Parte Richard Quirin et al (United States Supreme Court) . 229 56 1943 Japanese Regulations for the Treatment of Prisoners of War(Tokyo) . 231 57 9 March 1943 Japanese Disciplinary Law for Prisoners ofWar (Tokyo).... 236 58 21 April 1943 Japanese Detailed Regulations for the Treatment of Prisoners ofWar (Tokyo) . 239 59 20 May 1943 Japanese Regulations on the Work of Prisoners of War (Tokyo) . 245 60 3 September 1943 Military Armistice between the Allied Forces and Italy; and Instrument of Surrender (Sicily) . 249 61 7 October 1943 Rex v. Krebs (Magistrate's Court of the County of Renfrew, Ontario, Canada) . 250 62 15 July 1944 Rex v. Shindler et a1 (Police Court, Alberta, Canada) . 253 63 19 September 1944 Agreement for an Armistice between the Soviet Union and the United Kingdom, Acting on Behalf of All the United Nations at War with Finland, on the One Hand, and Finland on the Other Hand (Moscow) . 256 64 20 January 1945 Agreement concerning an Armistice between the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the XIV DOC. NO. DATE TITLE PAGE United States of America on One Hand and Hungary on the Other (Moscow) .............. 257 65 11 February 1945 Agreement between the United States of America and the Union of Soviet Socialist Republics Respecting Liberated Prisoners ofWar and Civilians Liberated by Forces Operating under Soviet Command and Forces Operating under United States of America Command (Yalta) ...................... 258 66 1March 1945 Rex v. Brosig (Court of Appeals, Ontario, Canada) ............. 262 67 26 March 1945 Rex v. Kaehler and Stolski (Supreme Court, Appellate Division, Alberta, Canada) ..... 269 68 8 August 1945 Agreement by the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis (London) ....... 276 69 8 October 1945 Trial of General Anton Dostler (U.S. Military Commission, Rome) ....................... 285 70 3 December 1945 Trial of Erich Killinger and Four Others (British Military Court, Wuppertal, Germany) ........