Page images

announcement in the German newspapers. This notice shall be published at the latest on the day this Agreement becomes effective. A corresponding notice shall, on the same day, be sent by the German Government to the diplomatic representative of the Protecting Power, which shall be free to inform directly the persons in question.

Article 157

The requests made in accordance with Article 156 shall, in principle, be granted with the exception provided for in 167.

Lists of those civilian citizens of the United States who will be so repatriated shall be sent every two weeks by the German Government to the diplomatic representative of the Protecting Power, in order that the same may be immediately cabled by it to the Government of the United States.

Article 158

Civilian citizens of the United States who, within the period. mentioned in Article 156, have not expressed a desire to be repatriated, or who have not left Germany within six weeks after their request has been approved, shall be considered as having waived all the benefits of Articles 156 and 157, provided their departure was not prevented by causes beyond their control.

Article 159

Upon receipt of notification from the Protecting Power, as specified in Article 157, the Government of the United States shall forward, as soon as there may be opportunity, as many German civil prisoners entitled to repatriation or internment under Articles 151 to 153, inclusive, as will correspond to the number of citizens of the United States having permission to depart from Germany.

The Contracting Parties shall, without delay, inform each other, through diplomatic channels, of the departure of their respective nationals; and any discrepancy in numbers resulting therefrom shall be equalized in the next shipment.

Article 160

Should the number of civil prisoners and civilian citizens of the United States who have departed from Germany exceed the number of German civil prisoners entitled to repatriation or internment

upon the conditions prescribed in Articles 151 to 154, inclusive, the excess shall be compensated by the repatriation of a like number of German civil prisoners of the class described in Article 154b, preference being given in this event to those who, in the opinion of the medical officers of the Captor State, should be released from captivity for reasons of health.

Should the number of civilian citizens of the United States who have departed from Germany be less than the number of German civil prisoners entitled to repatriation or internment in accordance with Articles 151 to 153 inclusive, the number entitled to repatriation or internment thereunder shall nevertheless be forwarded.

Article 161

Except as provided in the following article, only those shall be considered as citizens or nationals of the United States, in the sense of Articles 151 to 160 inclusive hereof, who, at the moment of departure, are in possession of a valid passport or certificate of identity duly issued by authority of the Government of the United States.

Article 162

Officers and members of the crews of American or German merchant ships shall be entitled to the benefits of this Agreement regardless of their individual citizenship.

Article 163

The repatriation of civilian citizens and civil. prisoners of the United States from Germany shall be deemed to be accomplished, within the meaning of this Agreement, upon their arrival at some point within the control of the military forces of the United States, or within the territorial limits of France, Switzerland, The Netherlands, or Denmark; and that of civil prisoners from the United States upon their arrival on board such neutral vessel as may be arranged for by the Contracting Parties or by the Commission provided for in Article 174; their further transportation in either case to be at the care of the Government concerned.

Article 164

The Contracting Parties shall have the right to detain civilian citizens and civil prisoners in quarantine for a period not exceeding

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.


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.


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

« PreviousContinue »