10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Registration Service established by the Detaining Power. 833 Lists of graves and particulars of thePOWs interred in cemeteries and elsewhere shall be transmitted to the Power on which suchPOWs depended. 834 Responsibility for the care of these graves and for records of anysubsequent moves of the bodies shall rest on the Power controlling the territory, if that Power is aParty to the GPW. 835The Graves Registration Service shall also identify, record, and respectfully keep theashes until they can be disposed of in accordance with the wishes of the home country. 836The GWS also provides for the Graves Registration Service to record graves of personsbelonging to enemy military forces who died but were never held as POWs. 8379.34.5 Inquiries Into Death or Serious Injury of POWs in Certain Cases. Every death orserious injury of a POW caused or suspected to have been caused by a sentry, another POW, orany other person, as well as any death the cause of which is unknown, shall be immediatelyfollowed by an official inquiry by the Detaining Power. 838 A communication on this subjectshall be sent immediately to the Protecting Power. 839Serious injury, in many cases, may be understood to mean an injury that requires inpatienttreatment in a hospital or infirmary. 840833 GPW art. 120 (“In order that graves may always be found, all particulars of burials and graves shall be recordedwith a Graves Registration Service established by the Detaining Power.”).834 GPW art. 120 (“Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shallbe transmitted to the Power on which such prisoners of war depended.”).835 GPW art. 120 (“Responsibility for the care of these graves and for records of any subsequent moves of the bodiesshall rest on the Power controlling the territory, if a Party to the present Convention.”).836 GPW art. 120 (“These provisions shall also apply to the ashes, which shall be kept by the Graves RegistrationService until proper disposal thereof in accordance with the wishes of the home country.”).837 Refer to § 7.7.5 (Graves Registration Service).838 GPW art. 121 (“Every death or serious injury of a prisoner of war caused or suspected to have been caused by asentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall beimmediately followed by an official enquiry by the Detaining Power.”). For example, FINAL REPORT ON THEPERSIAN GULF WAR 578 (“Eight EPW died in US custody; all as a result of injuries or sickness contracted prior tocapture. Five died from combat injuries, one from malnutrition/dehydration, and two from unknown causes. ThreeUS transferred prisoners died in Saudi camps due to wounds received while interned in the Saudi controlled camps.These deaths were investigated and reported through command channels to the ICRC, as required by Articles 120,122, and 123, GPW.”); 2004 UK MANUAL 8.176, footnote 452 (“In the Falklands conflict, an Argentinean PW wasshot and killed to prevent an attempt to sabotage the captured submarine Santa Fé. The British notified theArgentinian authorities through the ICRC and established a board of inquiry to establish the facts.”).839 GPW art. 121 (“A communication on this subject shall be sent immediately to the Protecting Power.”).840 GPW COMMENTARY 570 (“What is meant by ‘serious injury’? At the 1949 Diplomatic Conference onedelegation suggested that it should be made clear that the term referred to an injury ‘as a result of which the prisonerrequires in-patient treatment in a hospital or infirmary’; this definition was not approved, however, and it mightindeed have made the application of the Article too rigid. An injury may be not at all serious and neverthelessrequire treatment in the infirmary. Furthermore, it would have been dangerous to make the opening of an enquirydepend on whether or not the patient had been admitted to hospital for treatment. The two things must remain quiteseparate.”). Compare § 10.34.5 (Inquiries Into Death or Serious Injury of Internees in Certain Cases).625

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!