PRISONERS OF WAR (EXCHANGE NEGOTIATIONS). (Hansard, 7 October 1941)

§ Captain Margesson

The conditions governing the repatriation of sick and wounded prisoners of war are clearly stated in Article 68 of the International Convention relative to the treatment of prisoners of war, which the present German Government have recognised as binding upon them.

Article 68 states: Belligerents shall be required to send back to their own country without regard to rank or numbers, after rendering them in a fit condition for transport, prisoners of war who are seriously ill or seriously wounded. I would ask hon. Members to note carefully the words "without regard to rank or numbers." Under Article 9 of the International Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field medical personnel and chaplains likewise have a right to be repatriated. Proposals for repatriation have been under discussion through the Protecting Power for many months but the two Governments were unable to reach agreement on the question of the route and method of transport. However, on the 1st September a proposal was received from the German Government through the Swiss Legation suggesting 850 that sick and wounded should be repatriated in a British hospital ship through Channel ports. This suggestion had been put forward several months before by His Majesty's Government but had then been rejected by the German Government. His Majesty's Government, through the Swiss Government, accepted this proposal, which referred only to the sick and severely wounded prisoners of war and did not include protected personnel entitled to be repatriated.

On 9th September a message was received from the German Government, through the American Embassy, stating that there were some 1,200 British prisoners of war approved for repatriation by the Mixed Medical Commission in Germany. Negotiations proceeded on the clear understanding that the operation dealt with those eligible for repatriation under Article 68 and no others. In answer to this message His Majesty's Government replied that the operation could be carried out in the period from the 4th to 7th October.

The German Government as late as 20th September expressed the hope that repatriation might be begun as soon as possible after 1st October, adding that they hoped that it might be possible eventually to include in the repatriation sick and over-age civilian internees, but they stated quite definitely that they had no intention of making the repatriation of wounded prisoners of war conditional upon the repatriation of civilian internees. At the same time they also stated that whereas they were sending over 1,200 British prisoners of war, we were only sending over 150 or so Germans and they expressed the hope that the British Government would consider its gain such as to justify the adoption of a receptive attitude to any proposals which might follow for the exchange of civilians.

On 26th September we received another message from the German Government asking that German civilian women and children and men not of military age now in this country should be sent back so as to fill any available space in the hospital ships. On 29th September we received a further message from the German Government stating that agreement in principle by His Majesty's Government to the mutual repatriation of sick and wounded combatants who are now in third countries, such as Eire, Uruguay and un- 851 occupied France, was an indispensable condition to the carrying out of the proposed scheme of repatriation. His Majesty's Government replied that in pursuance of their previously declared policy they reaffirmed their readiness to agree to the mutual repatriation of women, children and men over military age, and as a token of their intention they would send with the sick and wounded prisoners of war a first batch of some 60 German civilians. They also agreed to the proposal regarding third countries.

On 2nd October the German Government replied that in view of the unsatisfactory attitude of His Majesty's Government a new situation had arisen which made it impossible for the German Government to adhere to the date agreed upon. Arrangements were, however, made to start repatriation on 7th October. But yesterday morning a message was received from the German Government, through the American Government, stating that the German Government was now prepared only to agree to a "limited exchange" on a numerical basis. Attempts were made yesterday afternoon by wireless to clarify the position.

When, however, it became evident that the German Government was attempting at the last moment completely to overthrow the previously agreed basis for the repatriation scheme, His Majesty's Government found it necessary to cancel the sailing of the ships. The German sick and wounded are being disembarked and sent back to their hospitals and camps. Whilst His Majesty's Government were most reluctant to forgo any chance of bringing back to their homes the sick and severely wounded British prisoners of war, they were not prepared in view of the course of the negotiations in the last few days to risk being made the victims of a flagrant breach of faith on the part of the German Government, more especially as the bulk of the British sick and wounded would thereby clearly lose all chance of repatriation.