The Law of War

Protection of civilian persons and populations in time of war
- management of property, [IV, 114]
- facilities for legal proceedings, [IV, 115]
- visits, [IV, 116]
have no direct parallels in the Convention relating to prisoners of war. They are intended to alleviate the
hardships of internment for persons who, not being subject to military discipline, may in some cases benefit
from less severe treatment than that meted out to prisoners of war.
Furthermore, as far as working conditions are concerned, an essential difference is worth pointing out.
Whereas prisoners of war (excepting officers) can be compelled to work, civil internees can only be
employed as workers if they so wish. Apart from its strictly voluntary character, their work is governed by
the same rules as those of prisoners of war. [IV, 95]
Also worthy of attention is a provision concerning family life, whereby internees may request that their
children who are left at liberty without parental care should be interned with them. [IV, 82]
As far as possible, interned members of the same family must be housed in the same premises and given
separate accommodation from other internees; they must also be granted all necessary facilities for leading
a proper family life.
As far as the release of internees is concerned, the Convention specifies that each interned person must be
released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
In addition, the Parties to the conflict will endeavour, during the hostilities, to conclude agreements for
release, repatriation, return to places of residence or hospitalization in a neutral country of certain classes of
internees, in particular children, pregnant women and mothers with infants and young children, the
wounded and sick and internees who have been detained for a long time. [IV, 132]
Internment must cease as soon as possible after the close of hostilities and, at the end of hostilities or
occupation, the States must try to ensure the return of all internees to their last place of residence or
facilitate their repatriation. The spirit of this provision is of far-reaching consequence, benefiting not only
internees but, in a general way, all persons displaced by the events of war. [IV, 133; IV, 134]
Notes
1. This property is also protected by The Hague Convention of May 14, 1954 for the protection of cultural
property in the case of armed conflict.
2. A reminder that the definition of protected persons is given in article 4 of the Convention, see above,
page 40. A distinction is made between protected persons: aliens on the territory of a Party to conflict (see
page 45) and the population of occupied territories (see page 47).
3. A reminder that article 33, mentioned above, page 45, prohibits pillage.
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