GENEVA PRIMER

At Panmunjom last week the Communists accused the U.S. of "tearing up the Geneva Convention" in its treatment of war prisoners. It was not the first time the Communists had used the Convention as a propaganda weapon in ways which showed that they had at least read its text. Herewith a few questions & answers on the Convention, with special pertinence to the situation in Korea:

Q.: What is the Geneva Convention?

A.: An international agreement first signed in 1864 for the protection of wounded left on battlefields. It was later revised and enlarged to extend protection to other victims of war, including prisoners. The latest revision was signed in 1949 by 61 nations, including the U.S. and Soviet Russia. In general, it provides that the "detaining power" must treat its prisoners humanely, providing adequate food, shelter, clothing, recreational facilities, medical care, etc. The Convention forbids "collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight, and in general, any form of torture or cruelty."

Q.: Is the U.S. bound by the terms of the Convention?

A.: Although the U.S. signed the 1949 revision, the U.S. Senate has not ratified it and thus, as a treaty, it is not technically binding. But the U.S. Government has formally declared that it will abide by the 1949 revision. The governments of Communist China and North Korea are not signatories, and have repeatedly violated the Convention, most notably by preventing Red Cross or other outside inspection of their prison camps.

Q.: Does the Geneva Convention forbid biological weapons, atomic weapons and poison gas in war?

A.: No. The Convention does not deal with methods of warfare.

Q.: Does the Convention forbid a detaining power to interrogate war prisoners on their political beliefs?

A.: No. But the Convention provides that "no torture, nor any other form of coercion may be inflicted on prisoners to secure information of any kind." The Communists claim that coercion was used in the U.N.'s repatriation balloting--but rejected a U.N. offer to come see for themselves.

Q.: What does the Convention say about "voluntary repatriation"?

A.: Nothing. It states flatly that all prisoners "shall be released and repatriated without delay after the cessation of active hostilities." The clause assumes that all prisoners would go home if free to do so. If the North Korean and Chinese Communist governments were bound by the Convention, the U.S. would probably have to repatriate all prisoners.

Q.: Is it possible to punish prisoners under the Convention?

A.: Yes, provided the punishment is the same as for comparable offenses in the detaining power's own army.

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