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No sick or injured POW who is eligible for repatriation under the first paragraph ofArticle 109 of the GPW may be repatriated against his or her will during hostilities. 8559.36.1.1 Categories of POWs Eligible for Direct Repatriation. The followingcategories of POWs shall be repatriated directly:• incurably wounded and sick whose mental or physical fitness seems to have been gravelydiminished;• wounded and sick who, according to medical opinion, are not likely to recover within oneyear, whose condition requires treatment, and whose mental or physical fitness seems tohave been gravely diminished; and• wounded and sick who have recovered, but whose mental or physical fitness seems tohave been gravely and permanently diminished. 8569.36.2 Accommodation in Neutral Countries. Throughout the duration of hostilities,parties to the conflict shall endeavor, with the cooperation of the neutral Powers concerned, tomake arrangements for the accommodation in neutral countries of certain sick and woundedPOWs as discussed below. 857 This provision of the GPW reflected prior State practice. 858accordance with the provisions of the 1929 Convention. There was no repatriation of sick and wounded betweenGermany and the U.S.S.R., or between Japan and the Allies.”).854 For example, LEVIE, POWS, 409-10 (“Subsequent to 1949 a number of occasions arose warranting theimplementation of the provisions of the first paragraph of Article 109. In February 1953 the United NationsCommand in Korea proposed the exchange of seriously wounded and seriously sick prisoners of war pursuant to thatArticle, a proposal which the North Koreans and Chinese Communists accepted. During April and May 1953, some6,640 North Korean and Chinese prisoners of war who had been found to be seriously wounded or seriously sickwithin the meaning of those terms as used in the Convention were exchanged for 684 members of the armed forcescomposing the United Nations Command. During the 1956 Middle East conflict, Israel repatriated a number ofseriously wounded Egyptian prisoners of war in the course of the hostilities. During the 1962 Sino-Indian conflict,the People's Republic of China repatriated a number of seriously wounded or seriously sick Indian prisoners ofwar.”).855 GPW art. 109 (“No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of thisArticle, may be repatriated against his will during hostilities.”).856 GPW art. 110 (“The following shall be repatriated direct: (1) Incurably wounded and sick whose mental orphysical fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion,are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitnessseems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physicalfitness seems to have been gravely and permanently diminished.”).857 GPW art. 109 (“Throughout the duration of hostilities, Parties to the conflict shall endeavour, with thecooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries ofthe sick and wounded prisoners of war referred to in the second paragraph of the following Article.”).858 For example, 1958 UK MANUAL 255 note 1 (“During the First World War agreements were arrived at betweenthe Allies and Germany early in 1916 whereby all wounded prisoners of war held by their respective Governments,as well as those suffering from any one of twenty specified diseases or infirmities, were to be transferred toSwitzerland. Later, agreements were arrived at whereby those who had been in captivity for not less than eighteenmonths and who fulfilled certain conditions as regards age and citizenship were to be repatriated or interned in aneutral country. Some 16,000 British and German prisoners of war were interned in Holland. In March, 1918, it628

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