File No. 763.72114A/269

The Secretary of State to the Minister in Switzerland (Stovall)

3293.

For Garrett:

[Telegram]

WASHINGTON, November 7, 1918, 4 p. m.

Your 23, October 25, 9 a. m. After consultation with the Secretary of War, it is the position of this Government that Germany should accord to all Germans naturalized by the United States between August 4, 1914, and April 6, 1917, as well as prior to August 4, 1914, who may be captured by Germany while members of our forces, the same treatment as accorded to all other American prisoners of war. It should be made clear that in case any discriminatory treatment is meted out to such naturalized Americans, such discrimination will be promptly met with whatever strict and severe retaliatory measures shall be deemed necessary by the Government of the United States to protect these naturalized Americans and to insure their treatment in the same manner as other prisoners of war.

As to treatment of such prisoners of war who have been naturalized by either country since April 6, 1917, Department is considering power of President to recognize naturalization of Americans under German law and will instruct you further with regard thereto if you so desire.

LANSING

Treaty No. 531-A

Agreement between the United States of America and Germany Concerning Prisoners of War, Sanitary Personnel, and Civilians 1

A. PRISONERS OF WAR

I. INTERNMENT IN A NEUTRAL COUNTRY OR REPATRIATION OF
PRISONERS OF WAR

1. VALID PRISONERS OF WAR

ARTICLE 1. 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

1This agreement, having been superseded in effect by the terms of the Armistice, signed on the same day, was never ratified.

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 non-commissioned and petty officers;

(d) all other enlisted or enrolled persons.

ART. 2. 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:

(b) all non-commissioned officers, petty officers and men.

ART. 3. 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, cannot 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

ART. 4. 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 1(a), 2(a), and 3.

ART. 5. 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 1(b), 2(b) and 3.

ART. 6. 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.

ART. 7. 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.

ART. 8. 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.

ART. 9. 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, sub-section (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.

ART. 10. The representative of the Camp Help Committee with each working detachment shall transmit every month to the Com

mandant 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. ART. 11. 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.

ART. 12. 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.

ART. 13. The adverse decisions of the Travelling Commissions shall be communicated to the State of Origin, together with the reasons therefor, and the name of the agency which proposed the prisoner of war for repatriation or internment.

ART. 14. In cases which have been recognized as urgent by the medical officers of the Captor State because of the serious nature of the infirmity or disease of the prisoner of war, the repatriation or internment in a neutral country shall take place at once without waiting for a visit from the Travelling Commission.

ART. 15. Prisoners of war who have been found by the Travelling Commissions to be eligible for repatriation or for internment shall be examined by a Commission of Control whose decision shall be final. The Commission of Control shall consist of three physicians of a neutral country and three physicians of the Captor State. In case of a tie vote, the vote of the senior neutral physician shall be decisive.

The provisions of Article 13 shall apply to the adverse decisions of the Commission of Control.

Prisoners of war who have been recognized by the Commission of Control as entitled to repatriation or internment shall be repatriated or interned in a neutral country with the least possible delay.

3. GENERAL PROVISIONS

ART. 16. Valid submarine personnel who have been in captivity for a period of not less than twelve (12) months and who might otherwise be entitled to repatriation under this agreement shall in lieu of repatriation be interned in a neutral country until the conclusion of peace, anything in this agreement to the contrary notwithstanding. Invalid submarine personnel shall be repatriated or interned as provided in this agreement for other invalid prisoners of war.

ART. 17. The order of priority for internment in a neutral country and for repatriation shall be determined in accordance with the principles stated in article 175.

ART. 18. Prisoners of war eligible for internment in a neutral country or for repatriation, under articles 1 to 7 inclusive, and 16, may renounce their rights thereto, in which case a written declaration of the fact must be made.

In doubtful cases either of the two Governments may request confirmation of the renunciation through a representative of the Protecting Power, or, in the case of prisoners of war interned in a neutral country, through the government of the latter country.

ART. 19. Prisoners of war interned in a neutral country shall not be repatriated unless they become eligible for repatriation:

(a) Under the provisions of Annex 1; or

(b) Under the provisions of articles 1, 3 or 6.

Before their repatriation their names shall be reported by the competent authorities of the neutral country to the Government of the Captor State.

The decision relating to the repatriation of prisoners of war from a neutral country under this article shall be made by neutral examining commissions. The neutral Government is to be requested to arrange examinations accordingly every three months or oftener if necessary in special cases.

ART. 20. If prisoners of war eligible for internment in a neutral country or repatriation are awaiting trial, they may be detained until the completion of the trial, and, with the limitation provided in the following paragraph, until the expiration of the sentence if any.

If prisoners of war eligible for internment in a neutral country or repatriation have not yet begun or have not completely served a