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State’s armed forces may be punished. 533 The GPW provision against punishment for unfoundedcomplaints arose after POWs were tortured for complaining to the representatives of theProtecting Power. 534 In any event, it could be contrary to POWs’ interests to abuse this right bymaking groundless complaints because complaints that are justified might not, as a result,receive the appropriate attention. 5359.23.3 Periodic Reports by the POW Representatives. POW Representatives may sendperiodic reports on the situation in the camps and the needs of the POWs to the representatives ofthe Protecting Powers. 536 POW Representatives have discretion about how and when to submittheir reports. 537 The Detaining Power may subject these reports to security review andcensorship to ensure that these reports are not misused. 5389.24 POW REPRESENTATIVESThe GPW contemplates that certain POWs will serve as representatives of the POWsbefore the Detaining Power, the Protecting Power, and other entities. These persons have certainprerogatives that enable them to carry out their duties to further the well-being of the POWs.In the GPW, these persons are called “prisoners’ representatives.” This manual refers tothem as POW Representatives.9.24.1 General Qualifications of the POW Representative. In all cases, the POWRepresentative must have the same nationality, language, and customs as the POWs whom he or533 GPW COMMENTARY 386 (“Lastly, the present paragraph establishes the impunity of prisoners of war in regard toany unfounded complaints or requests. Here the Convention departs from the regulations applied in national armedforces, which usually punish any excessive use of the right of complaint as being an attack on authority and an act ofindiscipline.”).534 United States, et al. v. Araki, et al., Majority Judgment, International Military Tribunal for the Far East, 49,757,reprinted in NEIL BOISTER & ROBERT CRYER, DOCUMENTS ON THE TOKYO INTERNATIONAL MILITARY TRIBUNAL:CHARTER, INDICTMENT AND JUDGMENTS 592 (2008) (“After a visit to the prisoner of war camp at Motoyama inJapan in the spring of 1943, the senior prisoner at the camp, who had dared to complain of the working conditions towhich the prisoners had been subjected, was tortured. He was forced to kneel for five hours before a Japaneseguard. The next time this camp was visited, this senior prisoner was placed in confinement and was not allowed tospeak to the representative although that representative demanded to interview him.”).535 GPW COMMENTARY 386 (“It is to be hoped that prisoners of war will realize that in their own interest theyshould make judicious use of the right of complaint and request, and refrain from making complaints which theyknow to be groundless so that those which are justified can receive the attention they deserve.”).536 GPW art. 78 (“Prisoners’ representatives may send periodic reports on the situation in the camps and the needs ofthe prisoners of war to the representatives of the Protecting Powers.”).537 Compare § 10.21.3 (Periodic Reports by the Internee Committees).538 Refer to § 9.20.6 (Censorship and Security Review of POW Correspondence and Shipments).584

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