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THIRD GENEVA CONVENTION OF 1949
shall be required to furnish sufficient assurances that it is in a
position to undertake the appropriate functions and to discharge
them impartially.
No derogation from the preceding provisions shall be made by
special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its
allies by reason of military events, more particularly where the
whole, or a substantial part, of the territory of the said Power is
occupied.
Whenever in the present Convention mention is made of a
Protecting Power, such mention applies to substitute organizations
in the sense of the present Article.
Conciliation
procedure
ART. 11. — In cases where they deem it advisable in the interest of
protected persons, particularly in cases of disagreement between the
Parties to the conflict as to the application or interpretation of the
provisions of the present Convention, the Protecting Powers shall
lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, propose to the
Parties to the conflict a meeting of their representatives, and in
particular of the authorities responsible for prisoners of war,
possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them
for this purpose. The Protecting Powers may, if necessary, propose
for approval by the Parties to the conflict a person belonging to a
neutral Power, or delegated by the International Committee of the
Red Cross, who shall be invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF PRISONERS OF WAR
Responsibility
for the
treatment
of prisoners
ART. 12. — Prisoners of war are in the hands of the enemy Power,
but not of the individuals or military units who have captured them.
Irrespective of the individual responsibilities that may exist, the
Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power
to a Power which is a party to the Convention and after the
Detaining Power has satisfied itself of the willingness and ability of
such transferee Power to apply the Convention. When prisoners of
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