J. Repatriation of Prisoners of War."'- Sometimes required before cessation of hostilities. Art. 109, GPW
a. Seriously sick and wounded POWs whose recovery is expected to take
more than 1 year. Art. 110, GPW.b. Incurable sick and wounded. Art. 110, GPWc. Permanently disabled physically or mentally. Art. 11 0, GPW.d. Used in Korean War: 6640 North Korea & Chinese for 684 UN soldiers.
Operation Little Switch.e. This provision is routinely ignored.- After cessation of hostilities.
a. Must it be done?(1)Art. 118 provides: "Prisoners of war shall be released and repatriated
without delay after the cessation of active hostilities."(2)Rule followed through W.W.11. Result: thousands of Russian POWs
executed by Stalin upon forced repatriation.(3)U.N. command in Korea first established principle that POWs do not
have to be repatriated, if they do not so wish.l12 Logic supported by
Pictet.- During a cease-fire or Armistice.
a. CW2 Hall incident."'(1)Probable basis for repatriation: Art. 1 18"I For a thorough list of resources on this issue, see BIBLIOGRAPHY ON REPATRIATION OF PRISONERSOF WAR
(1960), a copy of which is maintained by the TJAGSA Library.
'I2See R.R. Baxter, Asylum to Prisoners of War, BRITISH YEARBOOK INT'L L. 489 (1953).
'I3See Scott R. Morris,America S Most Recent Prisoner of War: The WOBobby Hall Incident, ARMY LAW.,
Sept. 1996, at 3.