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9.36.2.1 Categories of Wounded, Injured, or Sick to Be Accommodated in aNeutral State. The following categories of POWs may be accommodated in a neutral country:• wounded, injured, or sick whose recovery may be expected within one year of the date ofthe wound or the beginning of the illness, if treatment in a neutral country might increasethe prospects of a more certain and speedy recovery; and• POWs whose mental or physical health, according to medical opinion, is seriouslythreatened by continued captivity, but whose accommodation in a neutral country mightremove such a threat. 8599.36.3 Agreements to Intern POWs in Neutral Territory. The Detaining Power, thePower on which the POWs depend, and a neutral Power agreed upon by these two Powers, shallendeavor to conclude agreements that will enable POWs to be interned in the territory of thatneutral Power until the close of hostilities. 860 For example, if the Detaining Power were unableto comply with the minimum standards in the GPW for the treatment of POWs, then it wouldseek to negotiate such agreements with the Power on which the POWs depend and a neutralPower. 8619.36.3.1 Repatriation From a Neutral State. The conditions that POWsaccommodated in a neutral country must fulfill in order to permit their repatriation shall be fixed,as shall likewise their status, by agreement between the Powers concerned. 862 In general, POWswho have been accommodated in a neutral country, and who belong to the following categories,should be repatriated:was stated that 26,000 prisoners of war of the several belligerents were being cared for in Switzerland. Of these,16,000 were British, French and Belgian, while 10,000 were German; besides these, some 500,000 invalid and sickprisoners of war of various nationalities had been exchanged and repatriated through Switzerland since thebeginning of the war.”).859 GPW art. 110 (“The following may be accommodated in a neutral country: (1) Wounded and sick whoserecovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in aneutral country might increase the prospects of a more certain and speedy recovery. (2) Prisoners of war whosemental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whoseaccommodation in a neutral country might remove such a threat.”).860 GPW art. 111 (“The Detaining Power, the Power on which the prisoners of war depend, and a neutral Poweragreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to beinterned in the territory of the said neutral Power until the close of hostilities.”).861 See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 365 (“The Committee consideredthat it was necessary to insert a new Article between Articles 101 and 102, in order to provide for the possibility ofagreements between the Detaining Power, the Power on which the prisoners of war depend, and a neutral Power,permitting the internment of prisoners of war on neutral territory. This decision, which arose out of a proposal bythe Canadian Delegation, aims at ensuring a reasonable standard of living for all prisoners of war, in the event of theDetaining Power being unable, for any reason, to comply with the minimum standards regarding the treatment ofprisoners of war laid down in the Convention.”).862 GPW art. 110 (“The conditions which prisoners of war accommodated in a neutral country must fulfil in order topermit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned.”).629

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