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the Detaining Power has satisfied itself of the willingness and ability of such receiving Power toapply the GPW. 736 U.S. policy may prescribe additional requirements. 737To ensure accountability, a POW should not be transferred before his or her formalprocessing and submission of all required information to the National POW InformationBureau. 7389.30.2 Responsibility When Transferred to the Custody of Another Detaining Power.When POWs are transferred under such circumstances, responsibility for the application of theGPW rests on the Power accepting them while they are in its custody. 739Nevertheless, if that Power fails to carry out the provisions of the GPW in any importantrespect, the Power by whom the POWs were transferred shall, upon being notified by theProtecting Power, take effective measures to correct the situation or shall request the return ofthe POWs. 740 Such requests must be complied with. 7419.30.3 Special Agreements on Transfers to the Another Detaining Power. Specialagreements may be concluded with respect to POW transfers to the custody of another DetainingPower. U.S. policy has been to require a written agreement or arrangement before transferringPOWs to a coalition partner. 742 For example, the receiving State may agree to inspections by thetransferring State to verify compliance with the GPW. 743736 GPW art. 12 (“Prisoners of war may only be transferred by the Detaining Power to a Power which is a party tothe Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transfereePower to apply the Convention.”).737 Refer to, e.g., § 8.14.4.1 (U.S. Policy Prohibiting Transfers in Cases in Which Detainees Would Likely BeTortured).738 Refer to § 9.31.2 (National POW Information Bureau).739 GPW art. 12 (“When prisoners of war are transferred under such circumstances, responsibility for the applicationof the Convention rests on the Power accepting them while they are in its custody.”).740 GPW art. 12 (“Nevertheless, if that Power fails to carry out the provisions of the Convention in any importantrespect, the Power by whom the prisoners of war were transferred shall, upon being notified by the ProtectingPower, take effective measures to correct the situation or shall request the return of the prisoners of war.”).741 GPW art. 12 (“Such requests must be complied with.”).742 For example, FINAL REPORT ON THE PERSIAN GULF WAR 578-79 (“US policy requires approval of a formalinternational agreement by the Assistant Secretary of Defense for International Security Affairs (ASD/ISA) and theState Department as a prerequisite to transferring EPWs to a Coalition partner. A government-to-governmentagreement was negotiated between Saudi Arabia and the United States authorizing the transfer of EPWs to Saudicustody. This document was signed formally on 15 January. Separate military-to-military agreements, authorizedby the ASD/ISA and the State Department, were also negotiated. These negotiations resulted in the US/UK EPWtransfer agreement of 31 January and US/French transfer agreement of 24 February. The agreements outlined theactions to be taken by capturing forces in processing EPWs and displaced civilians through US theater camps, andmedical channels to Saudi facilities. The agreement between the United States and Saudi governments provided theUnited States would transfer custody of EPW to Saudi control after EPW registration by US forces. This agreementalso was applicable to EPW captured by the French and British and processed by the US.”).743 For example, An Arrangement for the Transfer of Enemy Prisoners of War and Civilian Internees from theCustody of British Forces to the Custody of American Forces, Jan. 31, 1991, reprinted as Appendix 1 in PETER612

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