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Additional rules apply to the transfer of protected persons from the belligerent’s hometerritory. 525 Individual or mass forcible transfers of protected persons from occupied territory areprohibited. 52610.30.1 Determining Whether to Transfer Internees. When making decisions regardingthe transfer of internees, the Detaining Power shall take their interests into account and, inparticular, shall not do anything to increase the difficulties of repatriating them or returning themto their own homes. 527Sick, wounded, or infirm internees, and maternity cases, shall not be transferred if thejourney would be seriously detrimental to them, unless their safety imperatively so demands. 528If the combat zone draws close to a place of internment, the internees in that place shallnot be transferred unless their removal can be carried out in adequate conditions of safety, orunless they are exposed to greater risks by remaining on the spot than by being transferred. 52910.30.2 Conditions for the Transfer of Internees. The transfer of internees shall alwaysbe effected humanely. 530 As a general rule, it shall be carried out by rail or other means oftransport, and under conditions at least equal to those obtaining for the forces of the DetainingPower in their changes of station. 531 If, as an exceptional measure, such removals have to beeffected on foot, they may not take place unless the internees are in a fit state of health, and maynot in any case expose them to excessive fatigue. 532 This provision seeks to prevent abuses suchas the forced “death marches” that occurred during World War II. 533 When considering525 Refer to § 10.8.3 (Transfers of Protected Persons From a Belligerent’s Home Territory).526 Refer to § 11.12.3 (Prohibition Against Forcible Transfers and Deportations).527 GC art. 127 (“When making decisions regarding the transfer of internees, the Detaining Power shall take theirinterests into account and, in particular, shall not do anything to increase the difficulties of repatriating them orreturning them to their own homes.”).528 GC art. 127 (“Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey wouldbe seriously detrimental to them, unless their safety imperatively so demands.”).529 GC art. 127 (“If the combat zone draws close to a place of internment, the internees in the said place shall not betransferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed togreater risks by remaining on the spot than by being transferred.”).530 GC art. 127 (“The transfer of internees shall always be effected humanely.”).531 GC art. 127 (“As a general rule, it shall be carried out by rail or other means of transport, and under conditions atleast equal to those obtaining for the forces of the Detaining Power in their changes of station.”).532 GC art. 127 (“If, as an exceptional measure, such removals have to be effected on foot, they may not take placeunless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.”).533 II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 269 (“Mr. GARDNER (UnitedKingdom) submitted the three following amendments: … It had been proved that during the Second World War overten thousand prisoners lost their lives while being transferred by sea; but a very much larger number lost their liveswhile being transferred by land. He referred not only to the Bataan march, but also to a march in Borneo wheresome four thousand prisoners had started out, and only six or seven survived. There were also the forced marchescarried out by prisoners in Central Europe towards the end of the war; it was certainly not due to any efforts by theDetaining Power that the number of deaths during those marches was comparatively small.”).718

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