two months prior to their departure for repatriation or internment. In case quarantine be necessary, the period thereof shall be so arranged as to cause the least practicable delay in the departure of the persons affected. Article 165 The provisions of Article 20 of this Agreement are extended to cover civilian prisoners serving sentence for breaches of camp discipline or held awaiting trial therefor. Article 166 Subject to the conditions stated in Article 22, civilians and civil prisoners who are to be repatriated or interned in a neutral country, may take with them moneys in their personal possession, clothing, household effects, personal papers and articles such as those enumerated in Article 28, paragraph 3. Article 167 The Contracting Parties reserve the right to detain such individual civilians as they may designate. The names of the persons so designated shall be promptly communicated to the Protecting Powers. Article 168 Civilian citizens and civil prisoners repatriated in accordance with this Agreement may be employed by their respective Governments only as provided in Article 21 hereof. II. TREATMENT OF CIVIL PRISONERS Article 169 The provisions of Articles 23 to 31 inclusive, 33, 37 to 40 inclusive, 52 to 123 inclusive, 133, 134 and 137 of this Agreement shall apply to civil prisoners in the same manner as to prisoners of war, with such modification as circumstances may require; provided, always, that no such modification shall be less favorable to the prisoners than the original provision, and that consideration be paid to their education and profession. Article 170 Civil prisoners shall not be called on to undertake any form of compulsory work, except that directly connected with the maintenance and sanitation of the camp or other place in which they may be detained. In apportioning such work, consideration shall be given to the education and profession of the prisoners. No force, threats, menaces, deprivation of privileges, nor any other means shall be employed for the purpose of inducing civil prisoners to undertake any other form of work than herein specified. They shall, however, upon their written request, and not otherwise, be allowed to perform work of a character similar to that performed by prisoners of war and under no less favorable terms. Article 171 Officers of the retired or reserve lists of the armed forces of the Contracting Parties, certified by the respective Governments as having been such prior to April 6, 1917, who have the status of civil prisoners, shall, as long as their status of civil prisoners continues, be accorded treatment, including pay, fully equal to that provided by this Agreement for officer prisoners of war. They shall, however, in so far as internment in a neutral country or repatriation is concerned, be accorded the privileges in these matters accorded to civil prisoners by this Agreement. The provisions of the foregoing paragraph shall not apply to such individuals as are or may hereafter be detained under charges or be undergoing punishment for violation of the laws of the Captor State. Any payment of salaries made by the Captor State to the civil prisoners contemplated in this Article shall be reimbursed by the State of Origin. Article 172 Officers of merchant ships are to be lodged apart from the remainder of the crews of merchant ships and are to be treated according to their rank. D. GENERAL PROVISIONS Article 173 For the purpose of this agreement, including its seven annexes, the terms prisoners of war, civil prisoner, officer, noncommissioned officer, invalid, valid repatriation and State of Origin, shall have the meanings defined in Annex 7, except when otherwise specified in the text. Article 174 The transportation of prisoners of war, civil prisoners and sanitary personnel, who are entitled to repatriation or internment on the basis of this Agreement, shall be arranged with the cooperation of one or more neutral States. The details for carrying out the transportation by land or sea, including the selection of land and sea routes, shall be determined by a mixed commission (a transportation commission). Any neutral State, through or in which the transportation takes place, shall be represented by one member, and each Contracting Party by two members. A transportation commission, constituted as above specified, shall convene immediately after the ratification of this Agreement or at an earlier date, to be agreed upon by both Contracting Parties, at The Hague, subject to the consent of the Government of the Netherlands, whose consent both Contracting Parties shall endeavor to obtain. If necessary the membership of this commission may be increased by representatives of other neutral States affected, or additional similar commissions may be created in other neutral countries concerned, according to circumstances. The chairman of each transportation commission shall be the representative of the neutral State in whose territory the commission meets. The Commission shall arrange that the Governments concerned be promptly informed of all decisions and measures that affect them. The commission may receive from the Governments concerned all information of importance to them. The Contracting Parties shall carry out as far as the facilities at their command permit and as rapidly as possible the arrangements for transportation agreed upon by these commissions. The Contracting Parties guarantee to all trains and ships, while engaged on any journey or voyage having the purpose of carrying out the repatriation or internment herein provided for, immunity from any hostile action on their own parts; and they will seek to obtain similar guarantees from their Allies and cobelligerents. When a return trip is involved as a necessary part of the complete transaction as arranged for by the Commission, like immunity shall extend to such return trip. Article 175 The following principles shall govern the order in which persons eligible for internment in a neutral country or for repatriation shall be despatched: (a) Invalid prisoners of war, invalid civil prisoners and sanitary personnel shall have precedence over all other persons who are to be transported, and shall be assigned to the next possible shipment after their eligibility for internment in a neutral country or for repatriation has been established. (b) Other persons entitled to transportation shall be sent in the following order: 1. Males under 17 years of age and all females; 2. Prisoners of war; 3. Civilian males over 17 years of age; those over 45 years in preference to those between 17 and 45 years. Precedence in their respective classes among persons named under the above classes shall be decided according to length of captivity, and when their captivity is of equal duration, according to seniority of age, priority being given to the oldest and children going with their parents or guardians. (c) If because of uncontrollable circumstances, the order of priority contemplated in the preceding paragraphs can not be followed, the repatriation of the person whose departure may have been delayed shall take place within a maximum period of two months. (d) Persons selected for transportation overseas shall be embarked as soon as possible after the arrival of the transport in the port of embarkation and in such manner as to utilize fully all available space. The proper authorities of the United States cooperating with the representative of the Protecting Power shall decide questions of priority regarding the transport of Germans. (e) As far as possible, families shall be sent on the same transport. Article 176 The expenses of transporting prisoners of war and civil prisoners who are to be repatriated or interned in a neutral country in accordance with this agreement shall be met as follows: (a) The State of Origin shall bear the expenses of transportation overseas on their own or neutral ships; (b) The expenses of transportation overland in the territory of the Captor State and in that of its cobelligerents shall be borne by the Captor State; in the territory of the State of Origin, in that of its cobelligerents and in that of neutral states, by the State of Origin of the prisoners. Article 177 The enumeration in this agreement of certain rights which shall be accorded and privileges which shall not be denied to prisoners of war, sanitary personnel and civil prisoners, shall not be held or construed to preclude additional or greater rights or privileges wherever local conditions may permit. Article 178 In the interests of German prisoners of war in the hands of the American forces in France, the Protecting Power shall have the right to appoint special delegates who shall have the same privileges and duties, and shall be under the same restrictions as are provided in this agreement for the delegates of the Protecting Powers in the United States and Germany. He shall also be advised of all information regarding the prisoners of war with whose interests he is charged, which under the terms of this agreement is communicated. to the representative of the Protecting Power in Washington. Article 179 The Contracting Parties shall instruct all authorities concerned to take the severest measures to prevent all violations of the provisions of this agreement. Article 180 Each Contracting Party agrees to notify the other through the representative of its Protecting Power of errors or omissions by the other in the application of the provisions of this Agreement. Upon the receipt of such notification the party notified shall immediately |