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Statements shall be taken from witnesses, especially from those who are POWs, and areport including such statements shall be forwarded to the Protecting Power. 841If the inquiry indicates the guilt of one or more persons, the Detaining Power shall takeall measures for the prosecution of the person or persons responsible. 8429.35 EXCHANGES AND OTHER RELEASE AND REPATRIATION OF POWS DURING HOSTILITIES9.35.1 Exchange of POWs During Hostilities Through Cartel Agreements. The exchangeof POWs, other than those whose repatriation is required by the GPW, may be effected byagreement between the belligerents. 843 Such agreements have been called cartels. 844The modern practice in this area has been infrequent. 845As a general principle, the exchange of POWs, other than those whose repatriation isrequired by the GPW, is an act of convenience to both belligerents. 846The conditions for exchange are generally prescribed in the cartel, and exchanges neednot be on the basis of number-for-number, or rank-for-rank. 847841 GPW art. 121 (“Statements shall be taken from witnesses, especially from those who are prisoners of war, and areport including such statements shall be forwarded to the Protecting Power.”).842 GPW art. 121 (“If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take allmeasures for the prosecution of the person or persons responsible.”).843 For example, Edward Bates, Attorney General, Construction of a Cartel, Oct. 18, 1862, 10 OPINIONS OF THEATTORNEY GENERAL 357 (1868) (“Following your verbal direction, I have carefully examined the cartel for theexchange of prisoners of war, agreed to by the parties on the 22d of July, 1862, at Haxall’s Landing, on James river,Virginia, and signed, respectively, by Major General Dix and Major General Hill, as the same is embodied in‘General Order No. 142’ issued from the War Department, September 25, 1862.”).844 Refer to § 12.7 (Cartels).845 For example, 1958 UK MANUAL 250 and note 3(b) (“In modern war between civilised States, an exchange ofprisoners will rarely be carried out except by agreement between the governments concerned. … In the First andSecond World War no such exchanges took place. During the latter war some measured agreement was reachedbetween Germany, the United Kingdom, the U.S.A. and Switzerland, whereby a number of prisoners of war of thethree belligerent States interned in Switzerland were repatriated. No formal agreement was drawn up, and thenegotiations were conducted by the diplomatic representatives of the belligerents direct with the Swiss Government.Germany insisted on a distinction between interned aircrews and other prisoners of war so that a certain number ofGerman prisoners of war could be repatriated for every United States airman repatriated. Switzerland as a neutralState refused to permit repatriation except on a basis agreeable to all the belligerents concerned. Agreement wasreached and repatriation was carried out on the basis of the German demand.”).846 LIEBER CODE art. 109 (“The exchange of prisoners of war is an act of convenience to both belligerents. If nogeneral cartel has been concluded, it can not be demanded by either of them. No belligerent is obliged to exchangeprisoners of war.”).847 1956 FM 27-10 (Change No. 1 1976) 197 (“Exchange of prisoners of war, other than those whose repatriation isrequired by GPW, may be effected by agreement between the belligerents. No belligerent is obliged to exchangeprisoners of war, except if a general cartel requiring such exchange has been concluded. The conditions forexchange are as prescribed by the parties thereto, and exchanges need not necessarily be on the basis of number fornumber or rank for rank.”).626