The Secretary, Department of Defence, forwards the following minute for advice:

I have to bring under notice that the following German and Austrian officers, reservists, have been handed over to the A.Q.M.G. as prisoners of war as from 24th instant:

[Table setting out names and particulars omitted.]

Attention is invited to para. 95 of Chapter No. XIV of the Manual of Military Law, which provides:

Officers who are prisoners must be given the same rate of pay as officers of corresponding rank in the army of the country where they are detained. The amount must be refunded by their own Government. There is no obligation to pay the rank and file.

Instructions are desired as to what action is necessary in regard to this matter.

The Regulations annexed to the Hague Convention (No. IV), respecting the Laws and Customs of War on Land, provide (Art. 17) that:

Officers taken prisoners shall receive the same pay as officers of corresponding rank in the country where they are detained; the amount shall be repaid by their Government.

In my opinion the above provision, and the paragraph referred to in the Manual, do not apply to reservists, but only to officers serving on full pay. I therefore think that Art. 17 does not apply, and that no obligation to refund any money paid to these officers would be recognised by Germany or Austria, as the case may be.⁽¹⁾

[Vol. 13, p.23]

(1)On the same day Mr Garran advised[Vo. 13,p.21] the Secretary , Department of Defence,that in his openion Art. 17 had no application to an officer of the civil administration of German New Guinea,who had asked the Commonwealth Government,'according to the international law in respect to prisoners of war' to advance part of his salary,the amount to be charged according to the agreement to the German Governmentm the same as done to the officers of the army'.

Mr Garran stated:

'in my openion the...provision has relation to military officers only,and has no application to officers of the civil establishment. I know of no rule or practice of international law which requires...[the] request to be granted'.