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A. PRISONERS OF WAR
I. INTERNMENT IN A NEUTRAL COUNTRY OR REPATRIATION OF PRISONERS.
1. Valid Prisoners of War
Valid prisoners of war who have been in captivity for one year, except as otherwise specifically provided in Articles 2, 3 and 16, shall be repatriated on the basis of head for head and rank for rank.
On the same basis prisoners of war who have been interned in a neutral country because of invalidism and have been declared cured and valid by a neutral medical commission, shall be repatriated when they shall have been in captivity and interned in a neutral country, both combined, for a period of one year.
In the execution of this Article the following shall be deemed to be of equal rank:
(a) all general, flag, field and commanding officers;
(b) all other officers;
(c) all noncommissioned and petty officers;
(d) all other enlisted or enrolled persons.
The personnel of the German war vessels who were interned in the United States or its possessions prior to April 6, 1917, who are now held as prisoners of war, and who have no claim because of invalidism to repatriation, shall be exchanged, as soon as possible after this agreement goes into force, for an equal number of American prisoners of war, whether the latter have been in confinement for a year or not, on a basis of head for head and rank for rank. In the execution of this Article the following shall be deemed to be of equal rank: (a) all officers;
(b) all noncommissioned officers, petty officers and men.
Prisoners of war who have completed their fortieth (40th) year of age and who although eligible for repatriation on the basis of rank for rank and head for head as established in Article 1, can not be repatriated because of the inequality in the numbers of such prisoners of war held by the two parties, shall be interned in a neutral country. They may be repatriated as soon as conditions as to equality in the number of prisoners of war held by the two parties shall render possible an exchange on the basis of Article 1.
2. Invalid Prisoners of War
Prisoners of war shall be directly repatriated without regard to rank or number if they suffer from infirmities or diseases of the kinds specified in Annex 1, Sections I A, II A, and III.
Prisoners of war shall be interned in a neutral country without regard to rank or number if they suffer from infirmities or diseases of the kinds specified in Annex 1, Sections I B, II B, and III.
Prisoners of war who do not suffer from the disabilities or diseases of the kind specified in Annex 1 may be repatriated or interned in a neutral country when their condition of health in other respects appears to the Travelling Commissions or Commission of Control to render this necessary.
The cause of the infirmity or disease shall not be taken into consideration in determining the eligibility for repatriation or internment of prisoners of war on the ground of invalidism except when self-inflicted injuries are involved.
For the purpose of determining what prisoners of war are entitled to repatriation or to internment according to Articles 4, 5 and 6, on
account of invalidism, the prison camps are to be visited by medical commissions (Travelling Commissions).
Each Travelling Commission shall consist of one neutral physician and one physician of the Captor State. In the case of a difference of opinion the decision shall rest with the neutral physician. The travelling Commissions may be composed exclusively of physicians of the Captor State, provided the State of Origin requests it through the Protecting Power.
At the request of the Protecting Power Travelling Commissions shall be allowed to make recommendations in regard to the medical care of the prisoners and the hygienic conditions of the camps.
One of the Travelling Commissions, the number of which is to be in proportion to the number of prisoners held by each State, shall visit each camp every two months.
There shall be brought before the Travelling Commissions all prisoners of war who have been proposed for repatriation or internment in a neutral country:
(a) by the camp physician in a list prepared by him;
(b) by the State of Origin to the Government of the Captor State; (c) by the Camp Help Committee;
(d) by the head of a hospital not under the authority of a Camp Commandant or by any other person in independent charge of prisoners.
In order to carry out the provisions mentioned in paragraph 1, subsection c, the Camp Help Committee shall be allowed to prepare each month a list of prisoners of war in or belonging to the camp, which list is to be handed to the Camp Commandant.
All prisoners of war in confinement within or without the camp shall receive consideration by all authorities concerned in the proposals for examination. The Camp Commandant shall keep a current list of all prisoners of war in confinement which shall be copied monthly by the Camp Help Committee. Copies of the lists which have been prepared by the camp physicians and by the Camp Help Committees shall be kept in the custody of the Camp Commandants.
The lists of prisoners of war named by the State of Origin shall be handed to the Travelling Commissions.
The representative of the Camp Help Committee with each working detachment shall transmit every month to the Commandant and to the Camp Help Committee of his own camp duplicate lists showing the names of all men from the camp in his working detachment and also showing in regard to each man named thereon:
(a) whether in the representative's opinion, he should be examined by the Travelling Commission;
(b) whether the man himself desires to be examined; or
(c) whether he neither needs to be nor desires to be examined. These lists are to be submitted with the greatest possible despatch.
The Travelling Commissions, on their arrival in each camp and before beginning examinations, shall inspect the lists in the custody of the Camp Commandant and compare them with the lists in their own possession.
Should a prisoner of war whose name appears on one of the lists have been transferred to another prison camp before the arrival of the Travelling Commission, or should a prisoner of war be in confinement outside of the camp and request of the proper authorities of his parent camp or of his Camp Help Committee an examination by a Travelling Commission, the Commission shall be so informed. The Commission shall transmit the names of any such prisoners to a central authority designated by the Captor State, which authority shall arrange in every case for the examination of all such prisoners of war by one of the Travelling Commissions.
When visits are to be made by Travelling Commissions to prisoners of war in zones barred for military reasons, arrangements therefor compatible with military necessities shall immediately be made by the competent military authorities. If for military reasons such visits are impossible for a period of thirty (30) days, the prisoners of war shall, for the purpose of presentation to the Travelling Commission, be brought to a locality accessible to the commission.
The adverse decisions of the Travelling Commissions shall be communicated to the State of Origin, together with the reasons therefor,