World War I Prisoners of War in Germany - The Hague Conventions

The Hague Conventions

At the end of the 19th century, Western nations reflected on the legal aspect of war and of captive soldiers, particularly following the Crimean and Austro-Prussian wars. Tsar Nicholas II initiated the two conferences that fixed the terms of the laws and customs of war at The Hague in 1899 and 1907.

Chapter II of the convention signed in October 1907 is entirely devoted to prisoners of war and begins thus: “Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them. They must be humanely treated. All their personal belongings, except arms, horses, and military papers, remain their property”.

The twenty articles comprising this chapter regulate various aspects of life in captivity such as lodging, work, religion, nourishment, dress and mail. But this international accord is imbued with 19th-century conceptions of war. Thus, prisoners “may be set at liberty on parole if the laws of their country allow”, for example.

The principal nations of the Triple Entente and the Triple Alliance signed the convention, with the exception of the Ottoman Empire, not among the 44 signatories in 1907. The Hague Conventions’ dispositions entered into force in the German Empire and France on 26 January 1910, but these agreements turned out to be unsuitable in the tumult of World War I. In October 1918, the number of prisoners held in Germany reached 2,415,043, and such a mass of men made it impossible for a country at war to respect fully the conventions in their smallest details. During the conflict, the belligerent parties concluded special accords in order to mitigate these difficulties and in 1929, a new text was produced, amending the applicable regulatory dispositions.

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