10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

For example, the availability of manpower and transportation to conduct the repatriation,continuing military operations in other theaters, or the ability of countries to receive POWs inlarge numbers, may all increase the time required to conduct the release and repatriation. 889 Thesecurity situation in the country in which POWs are to be released may also be an importantfactor. 890 In addition, time may be needed based on the medical condition of the POWs or inorder to conduct interviews to ensure that repatriation is voluntary.9.37.4 POWs Whom the Detaining Power Is Not Required to Repatriate.9.37.4.1 Persons Illegally Enrolled in Enemy Forces and Deserters. Theobligation to repatriate does not apply to persons who have been illegally enrolled in the armedforces of the enemy (for example, the inhabitants of occupied territories who have been forced toenlist in the military of the Occupying Power), or to persons who have deserted to the otherside. 8919.37.4.2 POWs Who Resist Repatriation. The Detaining Power is not required torepatriate forcibly POWs who do not wish to be repatriated.Although the GPW provides that POWs may not renounce the rights secured to them bythe GPW, 892 this principle is not violated by the POW rejecting repatriation and requestingasylum, if it is established in a satisfactory manner that the POW is making an informed,which must be made so that repatriation may take place in conditions consistent with humanitarian rules and therequirements of the Convention, as defined in Article 119, paragraph 1, below, which refers to Articles 46 to 48(relating to transfer).”).889 For example, FINAL REPORT ON THE PERSIAN GULF WAR 586 (“After the cease fire, expeditious repatriation ofEPWs was a high priority and Coalition officials promptly began talks with Iraqi representatives on EPWexchanges. Iraq said it was anxious to return Coalition POWs, but was unwilling to accept large numbers of EPWsin return, saying it was not prepared to receive them.”); Martin Tollefson, Enemy Prisoners of War, 32 IOWA LAWREVIEW 51, 74 (1946) (“Because of manpower and transportation shortages, because the war was still being foughtagainst Japan, and because of the inability on the part of the European and Mediterranean theaters to receiveprisoners of war from the United States in large numbers, the prisoner-of-war repatriation program did not assumelarge proportions until after V-J Day.”).890 For example, EARL F. ZIEMKE, THE U.S. ARMY IN THE OCCUPATION OF GERMANY, 1944-1946, 293 (1975)(“SHAEF could not authorize a ‘blanket release’ of German forces, Eisenhower replied, because their discharge hadto be ‘strictly controlled in order to prevent widespread disorder, or other conditions which military governmentagencies will be unable to cope with’; the release of the categories already approved (see below) would ‘tax theadministrative machinery for a considerable time . . . . Until such time as indigenous resources can meet the needs,’he concluded, 12th Army Group could use imported military government food for the disarmed forces.”) (ellipsis inoriginal).891 GPW COMMENTARY 549 (“Enemy military personnel who have been illegally enrolled in the armed forcescannot be treated on the same basis as other prisoners of war, nor can those who go over to the other side. Althoughmany countries, for instance Great Britain, treated the latter as prisoners of war, this does not mean that they areentitled to that status. The Detaining Power is under no obligation to repatriate persons who have deserted to theother side. Similarly, their names are not usually notified to their country of origin. It should, however, be notedthat the status of a deserter who has gone over to the other side must be determined by the way in which hesurrendered or by his statements during initial questioning. A prisoner of war does not become a deserter merelybecause he makes a statement in the course of captivity.”).892 Refer to § 9.3.7 (Non-Renunciation of Rights Secured by the GPW).635

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

Saved successfully!

Ooh no, something went wrong!