C.P.(Gen)Doc.1.E.8.
Article 62
Add the following words to paragraph 1:
[Page 689]“And in any case not later than 90 days from the entry into force of the present Treaty”
Justification
It is a well-established principle of international law that peace, as stated by Luther, “deprives the condition of prisoner of war of its juridical basis and therefore requires that prisoners of war shall be liberated”. Peace treaties, consequently, specify that prisoners of war shall be repatriated as soon as possible after the treaty comes into force and be carried out with the utmost speed. Furthermore, Article 20 of the Hague Rules lays down that, “the repatriation of prisoners shall be carried out with the least possible delay”.