36. The detaining power.

Prisoners of war are in the hands of the enemy state or 'detaining power', and not of the individuals or military units who have captured them1. The detaining power is responsible for their treatment, irrespective of the responsibilities of individuals for breaches of the Convention relative to the Treatment of Prisoners of War2. The detaining power may only transfer prisoners of war to a state which is a party to the convention and after it has satisfied itself of the willingness and ability of that state to apply the convention3. In such circumstances, responsibility for the application of the