Papers Relating to the Foreign Relations of the United States, 1918, Supplement 2, The World War

File No. 763.72114/3455a

The Secretary of State to the Chargé in Switzerland ( Wilson)

No. 1164

Washington, February 21, 1918.

Sir: The Department encloses herewith, for transmission to the Imperial German Foreign Office through the good offices of the Spanish Legation in Berne and the Spanish Embassy at Berlin, copies of a “Draft of Proposed Informal Arrangement between the United States and Germany Regarding the Treatment and Privileges of Prisoners of War.”

Before forwarding the enclosed draft to the German Government, the Department desires that you examine the contents thereof with great care. If you consider it advisable to make any important changes therein, you are instructed to cable to the Department for authorization to make such changes.

I am [etc.]

Robert Lansing

[Enclosure]

Draft of Proposed Informal Arrangement between the United States and Germany Regarding the Treatment and Privileges of Prisoners of War

Paragraph 1

housing

The place of internment or confinement shall be a healthful place, absolutely acceptable from a hygienic point of view, the character of buildings and construction similar to that supplied for officers and enlisted men of the army of the country where they are detained. Prisoners of war shall not be held in ships except during the period necessary for transportation and transfer to places of detention on shore. In all cases the minimum cubic space allotted to each officer and man shall be 500 cubic feet. The buildings shall be heated where climatic conditions require heating; shall at all times be well ventilated and lighted and as few officers as possible lodged in one room, with separate rooms for older officers. The disposition of enlisted men in cantonments or barracks shall be similar to that of enlisted men of similar grades in the army of the country where they are detained. The usual furnishings of officers’ quarters and enlisted men’s cantonments shall be supplied, namely: beds, mattresses, blankets, chairs, toilet facilities, etc. Prisoners of war shall not be confined in any civil prison, penitentiary, workhouse or other building which has been used, or is intended for, the housing of criminals. Prisoners who are employed outside of the main camps shall, so far as possible, be permitted to return from work every night to the main camp. Ample bathing facilities shall be supplied. Sufficient shower baths shall be furnished as will allow a bath for each prisoner at least once in seven days. Ample facilities for outdoor games, such as baseball, shall be provided at each camp, and prisoners shall be permitted to take sufficient exercise to keep them in good physical condition. All reasonable facilities for education and instruction of the men and for harmless amusements such as theatrical representations, use of musical instruments, etc., shall be allowed.

Paragraph 2

clothing

Officers and men shall be permitted to wear the uniforms in their possession when taken, and suitable additions shall be provided when necessary for comfort and warmth, from the supplies of captured equipment at hand. When this is not possible, such articles shall be supplied as are necessary for comfort and warmth. Any winter or other clothing which may be forwarded to prisoners from outside sources shall be promptly distributed.

Paragraph 3

rations

The captor government is charged with the maintenance of prisoners of war.

(a) For officers, the minimum caloric ration value is hereby established at 2,400 calories. The diet shall contain 80 to 90 grammes of protein, 50 grammes of fat, the balance to be supplied in vegetables and bread. The daily fare must be in good condition and of suitable variation to adapt it to the circumstances of life and climate. Prisoners shall be allowed cooking facilities, such as the use of small stoves.

(b) Enlisted men shall have a similar diet as specified for officers, except that in case of those doing active work, the minimum caloric value shall be 3,000 calories.

(c) Eatables, table luxuries, cigars, cigarettes and tobacco may be sent to both officers and enlisted men, held as prisoners of war, by recognized aid societies and by relatives and friends, through recognized channels, and such articles must not be withheld from them for their use.

(d) Food parcels shall be delivered with the utmost promptness to the prisoners to whom they are addressed and there shall be no limit to the number of such parcels which may be sent and delivered. All railway facilities for the shipment of such food parcels by post shall be granted including extra cars if necessary. Food parcels for prisoners at working camps shall be there opened and not at main camps, and there shall be no delay in the delivery of such parcels to working camps.

Paragraph 4

work

The labor of prisoners of war may be utilized according to their rank and aptitude, officers excepted. Petty and noncommissioned officers shall not be forced to work, except in a supervisory capacity, and then only when they volunteer to do so in writing. Private soldiers, marine privates and nonrated enlisted persons of the Navy can be obliged to work for the public service or for private persons, or can be authorized to work on their own account. The tasks given prisoners shall not be excessive and shall have no connection with the operations of war. The nature of employment given individual prisoners shall be governed, so far as possible, by the capacity of the individual, his previous experience, health, and education. Prisoners engaged in industrial labor shall not be obliged to work longer than 8 hours, and those engaged in agricultural labor not longer than 10 hours per day. Prisoners shall not be obliged to work in munition factories, or in marshes, mines (unless such prisoners are miners by profession), or other unhealthy places; and, in general, the work is to be adapted to the greatest extent possible to the previous occupation of the prisoners. At no time shall prisoners be required to work in a region within range of their own or allied artillery. Work shall be paid for at a rate in accordance with the character of the work performed.

Paragraph 5

rates of pay

(a) Both parties shall pay officers, held as prisoners of war in their respective jurisdictions, the maximum amounts that the German Government pays its own officers of corresponding rank, unless the Government to whose armed forces the officers belong shall request that lower rates be paid. The amount so disbursed shall be paid by the other party on a mutual adjustment of accounts at the close of the war.

(b) Any prisoner of war who makes claim to the status of “officer” may forward his claim, through the commandant of the place of internment, for reference to the diplomatic representative of his protecting power for verification of claim.

(c) The corresponding ranks of Army (A) and Navy (N) officers, American and German, shall be as follows:

1. A. General—General-Feldmarschall; N. Admiral—Gross Admiral; 2. A. Lieutenant General—General der Inf., Cav., etc.; N. Vice Admiral—Admiral; 3. A. Major General—Generalleutnant; N. Rear Admiral—Vizeadmiral; 4. A. Brigadier General—Generalmajor; N. Commodore—Kontreadmiral; 5. A. Colonel—Oberst; N. Captain—Kapitän zur See; 6. A. Lieutenant Colonel—Oberstleutnant; N. Commander—Fregattenkapitän; 7. A. Major—Major; N. Lieutenant Commander—Korvettenkapitän; 8. A. Captain—Hauptmann or Rittmeister; N. Lieutenant (senior grade)—Kapitänleutnant; 9. A. 1st Lieutenant—Oberleutnant; N. Lieutenant (junior grade)—Oberleutnant zur See; 10. A. 2d Lieutenant—Leutnant; N. Ensign—Leutnant zur See; 11. N. Warrant officer—Warrant officer.

Paragraph 6

correspondence

(a) Inquiry offices for prisoners of war shall enjoy the privilege of free postage. Letters, post cards, money orders, and valuables, as well as parcels by post intended for prisoners of war or despatched by them, shall be exempt from all postal duties in the countries of origin and destination. Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties.

(b) As to letters:

(1) They may be written in pencil or ink on one side of paper only. Prison authorities being required to furnish paper where paper presented is rejected.

(2) They may be written in any one of the following languages: English, French, German, Russian, Polish, Danish, Italian, Greek, Belgian, Turkish, Hungarian, Slavic, Spanish, and Portuguese.

(3) They may be written by prisoners themselves, except that where unable to do so through lack of education, sickness, or wounds, the letter may be written by and must be countersigned by a fellow prisoner.

(4) All prisoners of war shall be entitled to write two letters each month, in the case of officers not to exceed six pages of ordinary letter-size paper, and in the case of petty and noncommissioned officers, privates and nonrated enlisted persons of the Navy, not to exceed four such pages. Prison authorities to reserve the right to address the envelope.

(5) Every prisoner of war shall have the right to communicate with the diplomatic representatives of his protecting power; such communication shall be delivered to the diplomatic representative in question within a reasonable time, provided it contains no information contrary to the sense of section (d) of this paragraph, and shall not count in the monthly allowance.

(6) Letters must be written in a plain hand without cipher, codes, marks, or stenographic notes, and must be addressed directly to their destination.

(7) Letters intended for or despatched by prisoners of war to and from their home country shall be exempt from all postal dues. Where letters are permitted to be despatched for domestic points they are subject to domestic rates of postage.

(8) For disciplinary reasons, postal privileges may be denied a prisoner of war for a period not to exceed four consecutive weeks in each two months. In all such cases the prisoner shall have an opportunity in at least one letter to inform his relatives of this restriction, and shall also have an opportunity to inform the diplomatic representative of the protecting power as to the reason for and length of this restriction.

(9) When transferred to military prisons or to working camps or other places of work, prisoners of war shall have the same mail privileges as when in barracks or main camps.

(10) The military authorities reserve the right to delay all mail despatched by prisoners for a period of 10 days, but no longer. This delay shall not be applicable to post cards giving notification of capture or to mail addressed to the diplomatic representative of the protecting power.

(c) As to post cards:

(1) Prisoners of war shall be allowed to send one postal card each week. Cards respecting the receipt, despatch, or contents of parcels, giving notification of capture, answering inquiries of authorized relief societies, or regarding whereabouts or fate of missing men not to count in this allowance. The prison authorities may provide a card of their own choosing.

(d) Correspondence must be confined to personal and business matters, and must not contain information regarding the political situation, naval and military operations, or the national safety or defense, or complain of ill treatment, except that in the authorized letter to the diplomatic representative of the protecting power complaints as to rations, clothing, and treatment are permissible. In the case of letters, enclosures may be permitted provided they accord with the sense of this article, it being recognized, however, that such enclosures may result in a delay in the delivery of the letter.

(e) As to telegrams:

(1) Prisoners of war shall not be allowed to send or receive telegrams from their home country except in urgent cases, and then only with the concurrence of the prison authorities.

(f) As to money orders:

(1) Money orders intended for or despatched by prisoners of war from and to the prisoner’s home country shall be exempt from the ordinary fees, and shall be negotiable at the current rate of exchange. Prisoners of war shall at all times be permitted to send money orders in reasonable amounts to their dependents. Domestic money orders when permitted shall be subject to the ordinary fees.

(g) As to mail parcels:

(1) Mail parcels shall be permitted up to eleven (11) pounds.

(2) Articles transmitted by parcel post must be without C.O.D. charges, and shall be transmitted without parcel or postage dues.

(h) As to shipments to prisoners of war:

(1) No C.O.D. deliveries will be made.

(2) Boxes or packages with a declared value less than $1,000 will be allowed.

(i) Prisoners of war transferred to military prisons to have the same privileges as to money orders, mail parcels, and shipments as are secured by this agreement to their fellow prisoners of war in barracks and camps.

(j) All postal traffic between the United States and Germany under this agreement shall be through the postal authorities of Switzerland, whose consent thereto has been given.

(k) The right of censorship applying to all classes of matter mentioned above is reserved.

Paragraph 7

punishments

Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the state in whose power they are, but physical violence or maltreatment shall not be permitted as a punishment for any offense of whatever character. The punishment for a simple attempt to escape on the part of a prisoner of war, even if repeated, shall not exceed military confinement for a period of 14 days. The punishment for such an attempt to escape combined with other punishable actions consequent upon or incidental to such attempt in respect of property, whether in relation to the appropriation or possession thereof, or injury thereto, shall not exceed military confinement for a period of two months. There shall be no unnecessary delay in bringing prisoners of war to trial for offenses committed by them, and representatives of the protecting power shall have notice of impending trials and the right to be present with counsel for defense.

Paragraph 8

relief societies

Each party shall be free to name a relief society for prisoners of war, and these societies shall be given every facility for the performance of their humane tasks within the bounds imposed by military necessities and administrative regulations.

Paragraph 9

visits of inspection

(a) The diplomatic representative of the protecting power of each party shall present to the government to which he is accredited, for approval, a list of the agents for whom he desires permission to inspect prison camps. This list may be added to or detracted from at any time.

(b) To each agent approved shall be given a permit authorizing him to inspect all prison camps, within the country in which prisoners of the nation whose interests he is protecting are detained, subject to the conditions stated thereon. These permits may be cancelled or recalled at any time.

(c) Authorized inspectors shall enjoy the following privileges and restrictions:

(1) An authorized inspector may visit all prison camps containing prisoners of war of the nation whose interests he is protecting without previous notification, except camps under quarantine. These may be visited only with the written consent of the medical officer in charge.

(2) On arrival at a camp an inspector must first present himself to the commandant of the camp or his authorized representative, and submit his permit for verification.

(3) An officer, or, if such is not available, a noncommissioned officer, shall be detailed by the commandant to accompany the inspector on his tour of inspection. At the discretion of the inspector, the ranking prisoner may also be detailed to accompany him.

(4) The inspector shall have access to all parts of the camp, except the contagious ward of the infirmary, which can be visited at the discretion of the medical officer in charge.

(5) The inspector shall, at all times, enjoy the right to speak to prisoners outside of hearing of the officer or soldier accompanying him.

(6) The inspector shall, at no time, give or receive from a prisoner written matter of any kind, nor shall he converse with a prisoner on any subject irrelevant to the inspection of the camp. He shall also refrain from taking or giving oral messages.

(7) After an inspection and before leaving the camp the inspector shall informally present to the commandant of the camp, for discussion and possible verification, the general nature of complaints made by prisoners, and such suggestions as he may consider advisable regarding possible changes or improvements. Any complaint conveyed in this way to the commandant of the camp shall not constitute grounds for the punishment of or unjust discrimination against the complainant, even though the complaint proves to be unfounded.

(8) Every prisoner shall have right of access to and right to conversation with the representative of the protecting power outside of hearing of camp authorities, and permission for this shall under no condition be refused.

Paragraph 10

capture

(a) It is agreed that all captures as well as the places of detention of those captured shall be notified by the captor state to the other state with the least possible delay.

(b) Every prisoner captured shall be allowed to communicate at once with his family and shall be provided with the means of doing so, and the despatch of his communications shall be facilitated.

(c) As soon as practicable after capture, every prisoner shall be enabled to inform his family of an address at which his family can communicate with him.

(d) Prisoners shall upon capture be despatched to interior camps without delay.

(e) Prisoners shall in no case be kept in so-called reprisal camps where they may be exposed to the aircraft bombs dropped by aviators of either side.

Paragraph 11

wounded and sick

Wounded and sick prisoners of war shall be given the same medical, dental, and hospital treatment as members of the captor forces, and this treatment shall be at the expense of the captor state. Artificial limbs, false teeth, and other medical appliances necessary to the well-being of prisoners of war shall be furnished by the captor state, reimbursement therefor to be made by the prisoners’ own government. Special treatment and appliances not absolutely necessary to the well-being of the prisoners but indispensable to their comfort shall be furnished them provided the individual prisoner or the diplomatic representative of the protecting power or some authorized relief society will bear the cost.

Paragraph 12

the dead

(a) The deaths of prisoners of war shall be promptly notified to the diplomatic representative of the protecting power.

(b) Deceased prisoners of war shall be given burial according to their religion and with the same honors which are accorded to their rank in the army of the country where they are detained.

(c) The wills of prisoners who have died shall be promptly forwarded to the diplomatic representative of the protecting power for transmission to the families of the deceased.

(d) The personal property of deceased prisoners of war shall be transmitted to the diplomatic representative of the protecting power to be forwarded to the families of the deceased.

Paragraph 13

religion

Prisoners of war shall enjoy complete liberty in the exercise of their religion, and shall be accorded every facility for holding the services of whatever cult they may profess.

Paragraph 14

After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.