Prepared by the Office of Parliamentary Counsel, Canberra
Geneva Conventions Act 1957
No. 103, 1957
Compilation No. 10
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 16 November 2016
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About this compilation
This compilation
This is a compilation of the Geneva Conventions Act 1957 that shows the text of
the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Geneva Conventions Act 1957 i
Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16
Contents
Part I—Preliminary 1 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
5 Interpretation .....................................................................................1
6 Application of Act .............................................................................3
6A Application of the Criminal Code .....................................................3
Part III—Legal proceedings in respect of protected persons 4 10A Court may determine whether person is a protected prisoner
of war ................................................................................................4
11 Notice of trial of protected prisoners of war and internees to
be served on protecting power etc. ....................................................4
12 Legal representation of prisoners of war ...........................................6
13 Appeals by protected prisoners of war and internees.........................7
14 Reduction of sentence and custody of protected prisoners of
war and internees...............................................................................8
Part IV—Abuse of the Red Cross and other emblems, signs,
signals, identity cards, insignia and uniforms 10 15 Use of Red Cross and other emblems, signs, signals, identity
cards, insignia and uniforms ............................................................10
Part V—Regulations 14 16 Regulations......................................................................................14
The Schedules 15
Schedule 1—Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949 15
Schedule 2—Geneva Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of August 12, 1949 40
Schedule 3—Geneva Convention Relative to the Treatment of
Prisoners of War of August 12, 1949 62
Schedule 4—Geneva Convention Relative to the Protection of
Civilian Persons in Time of War of August 12, 1949 125
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Schedule 5—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I) 188
Schedule 6—Protocol Additional to the Geneva Conventions of
12 August 1949, and relating to the Adoption of an
Additional Distinctive Emblem (Protocol III) 267
Endnotes 276
Endnote 1—About the endnotes 276
Endnote 2—Abbreviation key 278
Endnote 3—Legislation history 279
Endnote 4—Amendment history 281
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Preliminary Part I
Section 1
Geneva Conventions Act 1957 1
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An Act to enable effect to be given to certain
Conventions done at Geneva on 12 August 1949
and to a Protocol additional to those Conventions
done at Geneva on 10 June 1977, and for related
purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Geneva Conventions Act 1957.
2 Commencement
This Act shall come into operation on a date to be fixed by
Proclamation, not being earlier than 6 months after the deposit on
behalf of Australia of instruments of ratification of the
Conventions referred to in this Act.
5 Interpretation
(1) In this Act:
the First Convention means the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field, adopted at Geneva on 12 August 1949, a copy
of which Convention (not including the annexes to that
Convention) is set out in Schedule 1.
the Second Convention means the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, adopted at Geneva on 12 August
1949, a copy of which Convention (not including the annex to that
Convention) is set out in Schedule 2.
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Part I Preliminary
Section 5
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the Third Convention means the Geneva Convention relative to
the Treatment of Prisoners of War, adopted at Geneva on
12 August 1949, a copy of which Convention (not including the
annexes to that Convention) is set out in Schedule 3.
the Fourth Convention means the Geneva Convention relative to
the Protection of Civilian Persons in Time of War, adopted at
Geneva on 12 August 1949, a copy of which Convention (not
including the annexes to that Convention) is set out in Schedule 4.
the Conventions means the First Convention, the Second
Convention, the Third Convention and the Fourth Convention.
(1A) In this Act:
Protocol I means the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I), done at
Geneva on 10 June 1977, a copy of the English text of which is set
out in Schedule 5.
Protocol III means the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Adoption of an
Additional Distinctive Emblem (Protocol III), done at Geneva on
8 December 2005, a copy of the English text of which is set out in
Schedule 6.
(2) In this Act, unless the contrary intention appears:
Australia includes the Territories.
court does not include:
(a) a service tribunal within the meaning of the Defence Force
Discipline Act 1982; or
(b) a military court.
protected internee means a person protected by the Fourth
Convention and interned in Australia.
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Section 6
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protected prisoner of war means a person protected by the Third
Convention or a person who is a prisoner of war for the purposes
of Protocol I.
the protecting power, in relation to a protected prisoner of war or a
protected internee, means the power or organization which is
carrying out, in the interests of the power of which he or she is a
national, or of whose forces he or she is, or was at any material
time, a member, the duties assigned to protecting powers under the
Third Convention, the Fourth Convention or Protocol I, as the case
may be.
(3) If the ratification on behalf of Australia of any of the Conventions
or of Protocol I or Protocol III is subject to a reservation or is
accompanied by a declaration, that Convention or that Protocol
shall, for the purposes of this Act, have effect and be construed
subject to and in accordance with that reservation or declaration.
6 Application of Act
(1) This Act extends to every Territory.
(2) This Act has extra-territorial operation according to its tenor.
6A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this
Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
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Part III Legal proceedings in respect of protected persons
Section 10A
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Part III—Legal proceedings in respect of protected
persons
10A Court may determine whether person is a protected prisoner of
war
(1) A person referred to in paragraph 1 or 2 of Article 45 of Protocol I
may apply to the Supreme Court of the State or Territory in which
the person is held in custody for a declaration that he or she has the
status of a protected prisoner of war.
(2) The jurisdiction of a Court for the purposes of this section is
constituted by a single Judge.
(3) Subject to subsection (4), the jurisdiction of the Court is to be
exercised in open court.
(4) The Court may order the exclusion of the public or persons
specified by the Court from a sitting of the Court where the Court
is satisfied that the presence of the public or those persons, as the
case may be, would be contrary to the interests of justice or would
not be in the public interest.
11 Notice of trial of protected prisoners of war and internees to be
served on protecting power etc.
(1) The court before which:
(a) a protected prisoner of war is brought up for trial for an
offence; or
(b) a protected internee is brought up for trial for an offence for
which that court has power to sentence him or her to
imprisonment for a term of 2 years or more;
shall not proceed with the trial until it is proved to the satisfaction
of the court that a notice containing the particulars mentioned in
subsection (2), so far as they are known to the prosecutor, has been
served not less than 3 weeks previously on the protecting power (if
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there is a protecting power) and, if the accused is a protected
prisoner of war, on the accused and the prisoners’ representative.
(2) The particulars referred to in subsection (1) are:
(a) the full name, date of birth and description of the accused,
including his or her profession or trade;
(ab) where the accused is a protected prisoner of war—the
accused’s rank and his or her army, regimental, personal and
serial number;
(b) the accused’s place of detention, internment or residence;
(c) the offence with which the accused is charged; and
(d) the court before which the trial is to take place and the time
and place appointed for the trial.
(3) For the purposes of this section, a document purporting:
(a) to be signed on behalf of the protecting power or by the
prisoners’ representative or by the person accused, as the
case may be; and
(b) to be an acknowledgment of the receipt by that power,
representative or person on a specified day of a notice
described in the document as a notice under this section;
shall, unless the contrary is shown, be sufficient evidence that the
notice required by subsection (1) was served on that power,
representative or person on that day.
(4) In this section, the expression prisoners’ representative, in relation
to a particular protected prisoner of war at a particular time, means
the person by whom the functions of prisoners’ representative
within the meaning of Article 79 of the Third Convention were
exercisable in relation to that prisoner at the camp or place at
which that prisoner was, at or last before that time, detained as a
protected prisoner of war.
(5) A court which adjourns a trial for the purpose of enabling the
requirements of this section to be complied with may,
notwithstanding anything in any other law, remand the accused for
the period of the adjournment.
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Part III Legal proceedings in respect of protected persons
Section 12
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12 Legal representation of prisoners of war
(1) The court before which a protected prisoner of war is brought up
for trial for an offence shall not proceed with the trial unless:
(a) the accused is represented by counsel; and
(b) it is proved to the satisfaction of the court that a period of not
less than 14 days has elapsed since instructions for the
representation of the accused at the trial were first given to
the solicitor by whom that counsel was instructed;
and if the court adjourns the trial for the purpose of enabling the
requirements of this subsection to be complied with, then,
notwithstanding anything in any other law, the court may remand
the accused for the period of the adjournment.
(2) In the absence of counsel accepted by the accused as representing
him or her, counsel instructed for the purpose on behalf of the
protecting power shall, without prejudice to the requirements of
paragraph (1)(b), be regarded for the purposes of that subsection as
representing the accused.
(3) If the court adjourns the trial in pursuance of subsection (1) by
reason that the accused is not represented by counsel, the court
shall direct that a solicitor and counsel be assigned to watch over
the interests of the accused at any further proceedings in
connection with the offence, and at any such further proceedings,
in the absence of counsel either accepted by the accused as
representing him or her or instructed as mentioned in
subsection (2), counsel assigned in pursuance of this subsection
shall, without prejudice to the requirements of paragraph (1)(b), be
regarded for the purposes of subsection (1) as representing the
accused.
(4) In relation to any proceedings before a court before which the
accused may be represented by a solicitor, subsections (1), (2) and
(3) shall be construed, with any necessary modifications, as if
references in those provisions to counsel were references to
counsel or a solicitor; and for the purposes of any such proceedings
the court, in giving a direction under subsection (3), may, if the
court is satisfied that the nature of the charge and the interests of
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justice do not require that the interests of the accused should be
watched over by counsel, direct that a solicitor only shall be
assigned as mentioned in that subsection.
(5) A solicitor or counsel shall be assigned in pursuance of
subsection (3) in such manner as is provided by the regulations or,
in the absence of provision in the regulations, as the court directs,
and the fees and costs of any solicitor or counsel so assigned shall
be paid by the Commonwealth.
13 Appeals by protected prisoners of war and internees
(1) Where a protected prisoner of war or a protected internee has been
sentenced by a court to imprisonment for a term of 2 years or more,
any time allowed in relation to the institution of an appeal against
the conviction or sentence shall be deemed to continue to run until
the day on which the convicted person receives a notice given:
(a) in the case of a protected prisoner of war—by an officer in
the Defence Force; or
(b) in the case of a protected internee—by or on behalf of the
governor or other person in charge of the prison or place in
which he or she is confined;
that the protecting power has been notified of his or her conviction
and sentence, and for such further time as would have been within
the time allowed if the conviction or sentence had taken place or
been pronounced on that day.
(2) Where, after an appeal against the conviction or sentence by a
court of a protected prisoner of war or a protected internee has
been determined, the sentence remains or has become a sentence of
imprisonment for a term of 2 years or more, any time allowed in
relation to a further appeal in respect of the conviction or sentence
as confirmed or varied upon the previous appeal shall be deemed to
continue to run until the day on which the convicted person
receives a notice given by a person referred to in paragraph (1)(a)
or (b), as the case may require, that the protecting power has been
notified of the decision of the court upon the previous appeal, and
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for such further time as would have been within the time allowed if
that decision had been pronounced on that day.
(3) Where subsection (1) applies in relation to a convicted person,
then, unless the court otherwise orders, an order of the court
relating to the restitution of property or the payment of
compensation to an aggrieved person shall not take effect, and a
provision of a law relating to the revesting of property on
conviction shall not take effect in relation to the conviction, while
an appeal by the convicted person against his or her conviction or
sentence is possible without an extension of time other than the
extension provided by subsection (2).
(5) Subsections (1), (2) and (3) do not apply in relation to an appeal
against a conviction or sentence, or against the decision of a court
upon a previous appeal, if, at the time of the conviction or
sentence, or of the decision of the court upon the previous appeal,
as the case may be, there is no protecting power.
14 Reduction of sentence and custody of protected prisoners of war
and internees
(1) When a protected prisoner of war or a protected internee is
convicted of an offence, the court shall:
(a) in fixing a term of imprisonment in respect of the offence,
deduct from the term which it would otherwise have fixed
any period during which the convicted person has been in
custody in connection with that offence before the trial; and
(b) in fixing any penalty other than imprisonment in respect of
the offence, take that period of custody into account.
(2) Where the Attorney-General is satisfied that a protected prisoner of
war accused of an offence has been in custody in connection with
that offence, while awaiting trial, in a place other than a camp or
place in which protected prisoners of war are detained, for an
aggregate period of not less than 3 months, the Attorney-General
may direct that the prisoner shall be transferred from that custody
to the custody of an officer of the Defence Force and thereafter
remain in military custody at a camp or place in which protected
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prisoners of war are detained, and be brought before the court at
the time appointed for his or her trial.
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Part IV Abuse of the Red Cross and other emblems, signs, signals, identity cards,
insignia and uniforms
Section 15
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Part IV—Abuse of the Red Cross and other
emblems, signs, signals, identity cards,
insignia and uniforms
15 Use of Red Cross and other emblems, signs, signals, identity
cards, insignia and uniforms
(1) Subject to this section, a person shall not, without the consent in
writing of the Minister or of a person authorized in writing by the
Minister to give consents under this section, use for any purpose
whatsoever any of the following:
(a) the emblem of a red cross with vertical and horizontal arms
of the same length on, and completely surrounded by, a white
ground, or the designation “Red Cross” or “Geneva Cross”;
(b) the emblem of a red crescent moon on, and completely
surrounded by, a white ground, or the designation “Red
Crescent”;
(c) the following emblem in red on, and completely surrounded
by, a white ground, that is to say, a lion passing from right to
left of, and with its face turned towards, the observer, holding
erect in its raised right forepaw a scimitar, with, appearing
above the lion’s back, the upper half of the sun shooting forth
rays, or the designation “Red Lion and Sun”;
(ca) the emblem of a red frame in the shape of a square on edge
on a white ground, or the designation “Red Crystal”;
(d) the emblem of a white or silver cross with vertical and
horizontal arms of the same length on, and completely
surrounded by, a red ground, being the heraldic emblem of
the Swiss Confederation;
(e) a design or wording so nearly resembling any of the emblems
or designations specified in paragraph (a), (b), (c), (ca) or (d)
as to be capable of being mistaken for, or, as the case may be,
understood as referring to, one of those emblems;
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(f) such other emblems, identity cards, signs, signals, insignia or
uniforms as are prescribed for the purpose of giving effect to
Protocol I or Protocol III.
Penalty: 10 penalty units.
(1A) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) The Minister or a person authorized by the Minister to give
consents under this section shall not refuse to give such a consent,
and shall not withdraw such a consent, except for the purpose of
giving effect to the provisions of the Conventions or of Protocol I.
(3) An authority given under section 4 of the Geneva Convention Act
1938 and in force immediately before the commencement of this
section shall be deemed to be a consent to the like effect given by
the Minister under this section.
(4) Where a court convicts a person of an offence against
subsection (1), the court may order the forfeiture to the
Commonwealth of:
(a) any goods upon or in connection with which an emblem,
designation, design, wording or sign was used by that person;
and
(b) any identity cards, insignia or uniforms used in the
commission of the offence.
(5) In the case of a trade mark registered before the day to which
subsection (5A) applies, subsections (1), (2), (3) and (4) do not
apply by reason only of its consisting of or containing an emblem
or designation specified in paragraph (1)(b), (c) or (ca) or a design
or wording resembling such an emblem or designation; and where
a person is charged with using such an emblem, designation,
design or wording for any purpose and it is proved that the person
used it otherwise than as, or as part of, a trade mark so registered, it
is a defence for the person to prove:
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(a) that the person lawfully used that emblem, designation,
design or wording for that purpose before the day to which
subsection (5A) applies; or
(b) in a case where the person is charged with using the emblem,
designation, design or wording upon goods, that the emblem,
designation, design or wording had been applied to the goods
before the person acquired them by some other person who
had manufactured or dealt with the goods in the course of
trade and who lawfully used the emblem, designation, design
or wording upon similar goods before the day to which
subsection (5A) applies.
(5A) For the purposes of subsection (5), this subsection applies to the
following day:
(a) to the extent that subsection (5) applies in relation to a trade
mark consisting of or containing an emblem or designation
specified in paragraph (1)(b) or (c) or a design or wording
resembling such an emblem or designation—the day on
which this Act received the Royal Assent;
(b) to the extent that subsection (5) applies in relation to a trade
mark consisting of or containing an emblem or designation
specified in paragraph (1)(ca) or a design or wording
resembling such an emblem or designation—the day on
which Schedule 1 to the Defence Legislation (Miscellaneous
Amendments) Act 2009 commenced.
(6) Where an offence against this section committed by a body
corporate is proved to have been committed with the consent or
connivance of a director, manager, secretary or other officer of the
body corporate, or a person purporting to act in any such capacity,
he or she, as well as the body corporate, is taken to have committed
the offence and shall be liable to be proceeded against and
punished accordingly.
(7) This section extends to the use in or outside Australia of an
emblem, designation, design, wording, sign, signal, identity card,
insignia or uniform referred to in subsection (1) on any ship or
aircraft registered in Australia.
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(8) Proceedings under this section shall not be instituted without the
consent in writing of the Attorney-General.
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Part V Regulations
Section 16
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Part V—Regulations
16 Regulations
The Governor-General may make regulations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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Armed Forces in the Field of August 12, 1949 Schedule 1
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The Schedules
Schedule 1—Geneva Convention for the
Amelioration of the Condition of the
Wounded and Sick in Armed Forces in
the Field of August 12, 1949 Section 5
The undersigned Plenipotentiaries of the Governments represented at
the Diplomatic Conference held at Geneva from April 21 to August 12, 1949,
for the purpose of revising the Geneva Convention for the Relief of the
Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as
follows:
CHAPTER I.—GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.
ARTICLE 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation
to the said Power, if the latter accepts and applies the provisions thereof.
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and Sick in Armed Forces in the Field of August 12, 1949
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ARTICLE 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
ARTICLE 4
Neutral Powers shall apply by analogy the provisions of the present
Convention to the wounded and sick, and to members of the medical personnel
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and to chaplains of the armed forces of the Parties to the conflict, received or
interned in their territory, as well as to dead persons found.
ARTICLE 5
For the protected persons who have fallen into the hands of the enemy,
the present Convention shall apply until their final repatriation.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 15, 23,
28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect the situation of
the wounded and sick, of members of the medical personnel or of chaplains, as
defined by the present Convention, nor restrict the rights which it confers upon
them.
Wounded and sick, as well as medical personnel and chaplains, shall
continue to have the benefit of such agreements as long as the Convention is
applicable to them, except where express provisions to the contrary are
contained in the aforesaid or in subsequent agreements, or where more
favourable measures have been taken with regard to them by one or other of the
Parties to the conflict.
ARTICLE 7
Wounded and sick, as well as members of the medical personnel and
chaplains, may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special agreements
referred to in the foregoing Article, if such there be.
ARTICLE 8
The present Convention shall be applied with the cooperation and under
the scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst
their own nationals or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out
their duties.
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The Parties to the conflict shall facilitate to the greatest extent possible, the
task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case exceed their mission under the present Convention. They shall, in
particular, take account of the imperative necessities of security of the State
wherein they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by
imperative military necessities.
ARTICLE 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of the
Parties to the conflict concerned, undertake for the protection of wounded and
sick, medical personnel and chaplains, and for their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When wounded and sick, or medical personnel and chaplains do not benefit
or cease to benefit, no matter for what reason, by the activities of a Protecting
Power or of an organization provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
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assurances that it is in a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted, even temporarily, in its
freedom to negotiate with the other Power or its allies by reason of military
events, more particularly where the whole, or a substantial part, of the territory
of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting
Power, such mention also applies to substitute organizations in the sense of the
present Article.
ARTICLE 11
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, in particular of the authorities responsible for
the wounded and sick, members of medical personnel and chaplains, possibly
on neutral territory suitably chosen. The Parties to the conflict shall be bound to
give effect to the proposals made to them for this purpose. The Protecting
Powers may, if necessary, propose for approval by the Parties to the conflict, a
person belonging to a neutral Power or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a
meeting.
CHAPTER II.—WOUNDED AND SICK
ARTICLE 12
Members of the armed forces and other persons mentioned in the following
Article, who are wounded or sick, shall be respected and protected in all
circumstances.
They shall be treated humanely and cared for by the Party to the conflict in
whose power they may be, without any adverse distinction founded on sex,
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race, nationality, religion, political opinions, or any other similar criteria. Any
attempts upon their lives, or violence to their persons, shall be strictly
prohibited; in particular, they shall not be murdered or exterminated, subjected
to torture or to biological experiments; they shall not wilfully be left without
medical assistance and care, nor shall conditions exposing them to contagion or
infection be created.
Only urgent medical reasons will authorize priority in the order of
treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick
to the enemy shall, as far as military considerations permit, leave with them a
part of its medical personnel and material to assist in their care.
ARTICLE 13
The present Convention shall apply to the wounded and sick belonging to
the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as
members of militias or volunteer corps forming part of such
armed forces.
(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to
a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates;
(b) that of having a fixed distinctive sign recognizable at
a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with
the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a
Government or an authority not recognized by the Detaining
Power.
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(4) Persons who accompany the armed forces without actually being
members thereof, such as civil members of military aircraft
crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the
armed forces, provided that they have received authorization
from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to
the conflict, who do not benefit by more favourable treatment
under any other provisions in international law.
(6) Inhabitants of a non-occupied territory who, on the approach of the
enemy, spontaneously take up arms to resist the invading forces,
without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and
customs of war.
ARTICLE 14
Subject to the provisions of Article 12, the wounded and sick of a
belligerent who fall into enemy hands shall be prisoners of war, and the
provisions of international law concerning prisoners of war shall apply to them.
ARTICLE 15
At all times, and particularly after an engagement, Parties to the conflict
shall, without delay, take all possible measures to search for and collect the
wounded and sick, to protect them against pillage and ill-treatment, to ensure
their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall
be arranged, or local arrangements made, to permit the removal, exchange and
transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the
conflict for the removal or exchange of wounded and sick from a besieged or
encircled area, and for the passage of medical and religious personnel and
equipment on their way to that area.
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ARTICLE 16
Parties to the conflict shall record as soon as possible, in respect of each
wounded, sick or dead person of the adverse Party falling into their hands, any
particulars which may assist in his identification.
These records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to
the Information Bureau described in Article 122 of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949, which shall
transmit this information to the Power on which these persons depend through
the intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the
same bureau, certificates of death or duly authenticated lists of the dead. They
shall likewise collect and forward through the same bureau one half of a double
identity disc, last wills or other documents of importance to the next of kin,
money and in general all articles of an intrinsic or sentimental value, which are
found on the dead. These articles, together with unidentified articles, shall be
sent in sealed packets, accompanied by statements giving all particulars
necessary for the identification of the deceased owners, as well as by a complete
list of the contents of the parcel.
ARTICLE 17
Parties to the conflict shall ensure that burial or cremation of the dead,
carried out individually as far as circumstances permit, is preceded by a careful
examination, if possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be made. One
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half of the double identity disc, or the identity disc itself if it is a single disc,
should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or
for motives based on the religion of the deceased. In case of cremation, the
circumstances and reasons for cremation shall be stated in detail in the death
certificate or on the authenticated list of the dead.
They shall further ensure that the dead are honourably interred, if possible
according to the rites of the religion to which they belonged, that their graves
are respected, grouped if possible according to the nationality of the deceased,
properly maintained and marked so that they may always be found. For this
purpose, they shall organize at the commencement of hostilities an Official
Graves Registration Service, to allow subsequent exhumations and to ensure the
identification of bodies, whatever the site of the graves, and the possible
transportation to the home country. These provisions shall likewise apply to the
ashes, which shall be kept by the Graves Registration Service until proper
disposal thereof in accordance with the wishes of the home country.
As soon as circumstances permit, and at latest at the end of hostilities,
these Services shall exchange, through the Information Bureau mentioned in the
second paragraph of Article 16, lists showing the exact location and markings of
the graves, together with particulars of the dead interred therein.
ARTICLE 18
The military authorities may appeal to the charity of the inhabitants
voluntarily to collect and care for, under their direction, the wounded and sick,
granting persons who have responded to this appeal the necessary protection
and facilities. Should the adverse Party take or retake control of the area, he
shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies,
even in invaded or occupied areas, spontaneously to collect and care for
wounded or sick of whatever nationality. The civilian population shall respect
these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded
or sick.
The provisions of the present Article do not relieve the occupying Power of
its obligation to give both physical and moral care to the wounded and sick.
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CHAPTER III.—MEDICAL UNITS AND ESTABLISHMENTS
ARTICLE 19
Fixed establishments and mobile medical units of the Medical Service may
in no circumstances be attacked, but shall at all times be respected and protected
by the Parties to the conflict. Should they fall into the hands of the adverse
Party, their personnel shall be free to pursue their duties, as long as the
capturing Power has not itself ensured the necessary care of the wounded and
sick found in such establishments and units.
The responsible authorities shall ensure that the said medical
establishments and units are, as far as possible, situated in such a manner that
attacks against military objectives cannot imperil their safety.
ARTICLE 20
Hospital ships entitled to the protection of the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea of August 12, 1949, shall not be attacked from the land.
ARTICLE 21
The protection to which fixed establishments and mobile medical units of
the Medical Service are entitled shall not cease unless they are used to commit,
outside their humanitarian duties, acts harmful to the enemy. Protection may,
however, cease only after a due warning has been given, naming, in all
appropriate cases, a reasonable time limit, and after such warning has remained
unheeded.
ARTICLE 22
The following conditions shall not be considered as depriving a medical
unit or establishment of the protection guaranteed by Article 19:
(1) That the personnel of the unit or establishment are armed, and that
they use the arms in their own defence, or in that of the wounded
and sick in their charge.
(2) That in the absence of armed orderlies, the unit or establishment is
protected by a picket or by sentries or by an escort.
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(3) That small arms and ammunition taken from the wounded and sick
and not yet handed to the proper service, are found in the unit or
establishment.
(4) That personnel and material of the veterinary service are found in the
unit or establishment, without forming an integral part thereof.
(5) That the humanitarian activities of medical units and establishments
or of their personnel extend to the care of civilian wounded or
sick.
ARTICLE 23
In time of peace, the High Contracting Parties and, after the outbreak of
hostilities, the Parties thereto, may establish in their own territory and, if the
need arises, in occupied areas, hospital zones and localities so organized as to
protect the wounded and sick from the effects of war, as well as the personnel
entrusted with the organization and administration of these zones and localities
and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties
concerned may conclude agreements on mutual recognition of the hospital
zones and localities they have created. They may for this purpose implement the
provisions of the Draft Agreement annexed to the present Convention, with
such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross
are invited to lend their good offices in order to facilitate the institution and
recognition of these hospital zones and localities.
CHAPTER IV.—PERSONNEL
ARTICLE 24
Medical personnel exclusively engaged in the search for, or the collection,
transport or treatment of the wounded or sick, or in the prevention of disease,
staff exclusively engaged in the administration of medical units and
establishments, as well as chaplains attached to the armed forces, shall be
respected and protected in all circumstances.
ARTICLE 25
Members of the armed forces specially trained for employment, should the
need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the
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search for or the collection, transport or treatment of the wounded and sick shall
likewise be respected and protected if they are carrying out these duties at the
time when they come into contact with the enemy or fall into his hands.
ARTICLE 26
The staff of National Red Cross Societies and that of other Voluntary Aid
Societies, duly recognized and authorized by their Governments, who may be
employed on the same duties as the personnel named in Article 24, are placed
on the same footing as the personnel named in the said Article, provided that the
staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of
peace, or at the commencement of or during hostilities, but in any case before
actually employing them, the names of the societies which it has authorized,
under its responsibility, to render assistance to the regular medical service of its
armed forces.
ARTICLE 27
A recognized Society of a neutral country can only lend the assistance of
its medical personnel and units to a Party to the conflict with the previous
consent of its own Government and the authorization of the Party to the conflict
concerned. That personnel and those units shall be placed under the control of
that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the
State which accepts such assistance. The Party to the conflict who accepts such
assistance is bound to notify the adverse Party thereof before making any use of
it.
In no circumstances shall this assistance be considered as interference in
the conflict.
The members of the personnel named in the first paragraph shall be duly
furnished with the identity cards provided for in Article 40 before leaving the
neutral country to which they belong.
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ARTICLE 28
Personnel designated in Articles 24 and 26 who fall into the hands of the
adverse Party, shall be retained only in so far as the state of health, the spiritual
needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless
they shall at least benefit by all the provisions of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949. Within the
framework of the military laws and regulations of the Detaining Power, and
under the authority of its competent service, they shall continue to carry out, in
accordance with their professional ethics, their medical and spiritual duties on
behalf of prisoners of war, preferably those of the armed forces to which they
themselves belong. They shall further enjoy the following facilities for carrying
out their medical or spiritual duties:
(a) They shall be authorized to visit periodically the prisoners of war
in labour units or hospitals outside the camp. The Detaining
Power shall put at their disposal the means of transport
required.
(b) In each camp the senior medical officer of the highest rank shall be
responsible to the military authorities of the camp for the
professional activity of the retained medical personnel. For this
purpose, from the outbreak of hostilities, the Parties to the
conflict shall agree regarding the corresponding seniority of the
ranks of their medical personnel, including those of the
societies designated in Article 26. In all questions arising out of
their duties, this medical officer, and the chaplains, shall have
direct access to the military and medical authorities of the camp
who shall grant them the facilities they may require for
correspondence relating to these questions.
(c) Although retained personnel in a camp shall be subject to its
internal discipline, they shall not, however, be required to
perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements for
relieving where possible retained personnel, and shall settle the procedure of
such relief.
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None of the preceding provisions shall relieve the Detaining Power of the
obligations imposed upon it with regard to the medical and spiritual welfare of
the prisoners of war.
ARTICLE 29
Members of the personnel designated in Article 25 who have fallen into the
hands of the enemy, shall be prisoners of war, but shall be employed on their
medical duties in so far as the need arises.
ARTICLE 30
Personnel whose retention is not indispensable by virtue of the provisions
of Article 28 shall be returned to the Party to the conflict to whom they belong,
as soon as a road is open for their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war.
Nevertheless they shall at least benefit by all the provisions of the Geneva
Convention relative to the Treatment of Prisoners of War of August 12, 1949.
They shall continue to fulfil their duties under the orders of the adverse Party
and shall preferably be engaged in the care of the wounded and sick of the Party
to the conflict to which they themselves belong.
On their departure, they shall take with them the effects, personal
belongings, valuables and instruments belonging to them.
ARTICLE 31
The selection of personnel for return under Article 30 shall be made
irrespective of any consideration of race, religion or political opinion, but
preferably according to the chronological order of their capture and their state of
health.
As from the outbreak of hostilities, Parties to the conflict may determine by
special agreement the percentage of personnel to be retained, in proportion to
the number of prisoners and the distribution of the said personnel in the camps.
ARTICLE 32
Persons designated in Article 27 who have fallen into the hands of the
adverse Party may not be detained.
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Unless otherwise agreed, they shall have permission to return to their
country, or if this is not possible, to the territory of the Party to the conflict in
whose service they were, as soon as a route for their return is open and military
considerations permit.
Pending their release, they shall continue their work under the direction of
the adverse Party; they shall preferably be engaged in the care of the wounded
and sick of the Party to the conflict in whose service they were.
On their departure, they shall take with them their effects, personal articles
and valuables and the instruments, arms and if possible the means of transport
belonging to them.
The Parties to the conflict shall secure to this personnel, while in their
power, the same food, lodging, allowances and pay as are granted to the
corresponding personnel of their armed forces. The food shall in any case be
sufficient as regards quantity, quality and variety to keep the said personnel in a
normal state of health.
CHAPTER V.—BUILDINGS AND MATERIAL
ARTICLE 33
The material of mobile medical units of the armed forces which fall into
the hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establishments of the
armed forces shall remain subject to the laws of war, but may not be diverted
from their purpose as long as they are required for the care of wounded and
sick. Nevertheless, the commanders of forces in the field may make use of
them, in case of urgent military necessity, provided that they make previous
arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be
intentionally destroyed.
ARTICLE 34
The real and personal property of aid societies which are admitted to the
privileges of the Convention shall be regarded as private property.
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The right of requisition recognized for belligerents by the laws and
customs of war shall not be exercised except in case of urgent necessity, and
only after the welfare of the wounded and sick has been ensured.
CHAPTER VI.—MEDICAL TRANSPORTS
ARTICLE 35
Transports of wounded and sick or of medical equipment shall be respected
and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party,
they shall be subject to the laws of war, on condition that the Party to the
conflict who captures them shall in all cases ensure the care of the wounded and
sick they contain.
The civilian personnel and all means of transport obtained by requisition
shall be subject to the general rules of international law.
ARTICLE 36
Medical aircraft, that is to say, aircraft exclusively employed for the
removal of wounded and sick and for the transport of medical personnel and
equipment, shall not be attacked, but shall be respected by the belligerents,
while flying at heights, times and on routes specifically agreed upon between
the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in
Article 38, together with their national colours, on their lower, upper and lateral
surfaces. They shall be provided with any other markings or means of
identification that may be agreed upon between the belligerents upon the
outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory
are prohibited.
Medical aircraft shall obey every summons to land. In the event of a
landing thus imposed, the aircraft with its occupants may continue its flight
after examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied
territory, the wounded and sick, as well as the crew of the aircraft shall be
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prisoners of war. The medical personnel shall be treated according to Article 24
and the Articles following.
ARTICLE 37
Subject to the provisions of the second paragraph, medical aircraft of
Parties to the conflict may fly over the territory of neutral Powers, land on it in
case of necessity, or use it as a port of call. They shall give the neutral Powers
previous notice of their passage over the said territory and obey all summons to
alight, on land or water. They will be immune from attack only when flying on
routes, at heights and at times specifically agreed upon between the Parties to
the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the
passage or landing of medical aircraft on their territory. Such possible
conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the
conflict, the wounded and sick who are disembarked, with the consent of the
local authorities, on neutral territory by medical aircraft, shall be detained by
the neutral Power, where so required by international law, in such a manner that
they cannot again take part in operations of war. The cost of their
accommodation and internment shall be borne by the Power on which they
depend.
CHAPTER VII.—THE DISTINCTIVE EMBLEM
ARTICLE 38
As a compliment to Switzerland, the heraldic emblem of the red cross on a
white ground, formed by reversing the Federal colours, is retained as the
emblem and distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as emblem, in
place of the red cross, the red crescent or the red lion and sun on a white
ground, those emblems are also recognized by the terms of the present
Convention.
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ARTICLE 39
Under the direction of the competent military authority, the emblem shall
be displayed on the flags, armlets and on all equipment employed in the
Medical Service.
ARTICLE 40
The personnel designated in Article 24 and in Articles 26 and 27 shall
wear, affixed to the left arm, a water-resistant armlet bearing the distinctive
emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in
Article 16, shall also carry a special identity card bearing the distinctive
emblem. This card shall be water-resistant and of such size that it can be carried
in the pocket. It shall be worded in the national language, shall mention at least
the surname and first names, the date of birth, the rank and the service number
of the bearer, and shall state in what capacity he is entitled to the protection of
the present Convention. The card shall bear the photograph of the owner and
also either his signature or his finger-prints or both. It shall be embossed with
the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and,
as far as possible, of a similar type in the armed forces of the High Contracting
Parties. The Parties to the conflict may be guided by the model which is
annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity cards
should be made out, if possible, at least in duplicate, one copy being kept by the
home country.
In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss, they shall be
entitled to receive duplicates of the cards and to have the insignia replaced.
ARTICLE 41
The personnel designated in Article 25 shall wear, but only while carrying
out medical duties, a white armlet bearing in its centre the distinctive sign in
miniature; the armlet shall be issued and stamped by the military authority.
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Military identity documents to be carried by this type of personnel shall
specify what special training they have received, the temporary character of the
duties they are engaged upon, and their authority for wearing the armlet.
ARTICLE 42
The distinctive flag of the Convention shall be hoisted only over such
medical units and establishments as are entitled to be respected under the
Convention, and only with the consent of the military authorities.
In mobile units, as in fixed establishments, it may be accompanied by the
national flag of the Party to the conflict to which the unit or establishment
belongs.
Nevertheless, medical units which have fallen into the hands of the enemy
shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as military
considerations permit, to make the distinctive emblems indicating medical units
and establishments clearly visible to the enemy land, air or naval forces, in
order to obviate the possibility of any hostile action.
ARTICLE 43
The medical units belonging to neutral countries, which may have been
authorized to lend their services to a belligerent under the conditions laid down
in Article 27, shall fly, along with the flag of the Convention, the national flag
of that belligerent, wherever the latter makes use of the faculty conferred on him
by Article 42.
Subject to orders to the contrary by the responsible military authorities,
they may, on all occasions, fly their national flag, even if they fall into the
hands of the adverse Party.
ARTICLE 44
With the exception of the cases mentioned in the following paragraphs of
the present Article, the emblem of the Red Cross on a white ground and the
words “Red Cross,” or “Geneva Cross” may not be employed, either in time of
peace or in time of war, except to indicate or to protect the medical units and
establishments, the personnel and material protected by the present Convention
and other Conventions dealing with similar matters. The same shall apply to the
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emblems mentioned in Article 38, second paragraph, in respect of the countries
which use them. The National Red Cross Societies and other Societies
designated in Article 26 shall have the right to use the distinctive emblem
conferring the protection of the Convention only within the framework of the
present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun)
Societies may, in time of peace, in accordance with their national legislation,
make use of the name and emblem of the Red Cross for their other activities
which are in conformity with the principles laid down by the International Red
Cross Conferences. When those activities are carried out in time of war, the
conditions for the use of the emblem shall be such that it cannot be considered
as conferring the protection of the Convention; the emblem shall be
comparatively small in size and may not be placed on armlets or on the roofs of
buildings.
The international Red Cross organizations and their duly authorized
personnel shall be permitted to make use, at all times, of the emblem of the Red
Cross on a white ground.
As an exceptional measure, in conformity with national legislation and
with the express permission of one of the National Red Cross (Red Crescent,
Red Lion and Sun) Societies, the emblem of the Convention may be employed
in time of peace to identify vehicles used as ambulances and to mark the
position of aid stations exclusively assigned to the purpose of giving free
treatment to the wounded or sick.
CHAPTER VIII.—EXECUTION OF THE CONVENTION
ARTICLE 45
Each Party to the conflict, acting through its commanders-in-chief, shall
ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
ARTICLE 46
Reprisals against the wounded, sick, personnel, buildings or equipment
protected by the Convention are prohibited.
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ARTICLE 47
The High Contracting Parties undertake, in time of peace as in time of war,
to disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular to the armed
fighting forces, the medical personnel and the chaplains.
ARTICLE 48
The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the laws
and regulations which they may adopt to ensure the application thereof.
CHAPTER IX.—REPRESSION OF ABUSES AND INFRACTIONS
ARTICLE 49
The High Contracting Parties undertake to enact any legislation necessary
to provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed, such
grave breaches, and shall bring such persons, regardless of their nationality,
before its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has
made out a prima facie case.
Each High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present Convention
other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper trial and defence, which shall not be less favourable than those provided
by Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
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ARTICLE 50
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great suffering or serious
injury to body or health, and extensive destruction and appropriation of
property, not justified by military necessity and carried out unlawfully and
wantonly.
ARTICLE 51
No High Contracting Party shall be allowed to absolve itself or any other
High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.
ARTICLE 52
At the request of a Party to the conflict, an enquiry shall be instituted, in a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the
enquiry, the Parties should agree on the choice of an umpire who will decide
upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put
an end to it and shall repress it with the least possible delay.
ARTICLE 53
The use by individuals, societies, firms or companies either public or
private, other than those entitled thereto under the present Convention, of the
emblem or the designation “Red Cross” or “Geneva Cross,” or any sign or
designation constituting an imitation thereof, whatever the object of such use,
and irrespective of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of the reversed
Federal colours, and of the confusion which may arise between the arms of
Switzerland and the distinctive emblem of the Convention, the use by private
individuals, societies or firms, of the arms of the Swiss Confederation, or of
marks constituting an imitation thereof, whether as trade-marks or commercial
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marks, or as parts of such marks, or for a purpose contrary to commercial
honesty, or in circumstances capable of wounding Swiss national sentiment,
shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to the
Geneva Convention of July 27, 1929, may grant to prior users of the emblems,
designations, signs or marks designated in the first paragraph, a time limit not to
exceed three years from the coming into force of the present Convention to
discontinue such use, provided that the said use shall not be such as would
appear, in time of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present Article shall
also apply, without effect on any rights acquired through prior use, to the
emblems and marks mentioned in the second paragraph of Article 38.
ARTICLE 54
The High Contracting Parties shall, if their legislation is not already
adequate, take measures necessary for the prevention and repression, at all
times, of the abuses referred to under Article 53.
FINAL PROVISIONS
ARTICLE 55
The present Convention is established in English and in French. Both texts
are equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
ARTICLE 56
The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not represented at that Conference, but which are parties to the Geneva
Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in
Armies in the Field.
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ARTICLE 57
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
ARTICLE 58
The present Convention shall come into force six months after not less than
two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months after the deposit of the instrument of ratification.
ARTICLE 59
The present Convention replaces the Conventions of August 22, 1864, July
6, 1906, and July 27, 1929, in relations between the High Contracting Parties.
ARTICLE 60
From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ARTICLE 61
Accessions shall be notified in writing to the Swiss Federal Council, and
shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the
Powers in whose name the Convention has been signed, or whose accession has
been notified.
ARTICLE 62
The situations provided for in Articles 2 and 3 shall give immediate effect
to ratifications deposited and accessions notified by the Parties to the conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
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Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
ARTICLE 63
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof
has been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a conflict shall not take effect until peace has been concluded, and until after
operations connected with the release and repatriation of the persons protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing
Power. It shall in no way impair the obligations which the Parties to the conflict
shall remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the laws
of humanity and the dictates of the public conscience.
ARTICLE 64
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August, 1949, in the English and
French languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof
to each of the signatory and acceding States.
[Here follow the signatures and Annexes.]
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Schedule 2—Geneva Convention for the
Amelioration of the Condition of
Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of
August 12, 1949 Section 5
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the purpose of revising the Xth Hague Convention of October 18, 1907, for the
Adaptation to Maritime Warfare of the Principles of the Geneva Convention of
1906, have agreed as follows:
CHAPTER I.—GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.
ARTICLE 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation
to the said Power, if the latter accepts and applies the provisions thereof.
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ARTICLE 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular,
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
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ARTICLE 4
In case of hostilities between land and naval forces of Parties to the
conflict, the provisions of the present Convention shall apply only to forces on
board ship.
Forces put ashore shall immediately become subject to the provisions of
the Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field of August 12, 1949.
ARTICLE 5
Neutral Powers shall apply by analogy the provisions of the present
Convention to the wounded, sick and shipwrecked, and to members of the
medical personnel and to chaplains of the armed forces of the Parties to the
conflict received or interned in their territory, as well as to dead persons found.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 18, 31,
38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special
agreements for all matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect the situation of
wounded, sick and shipwrecked persons, of members of the medical personnel
or of chaplains, as defined by the present Convention, nor restrict the rights
which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and
chaplains, shall continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions to the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other
of the Parties to the conflict.
ARTICLE 7
Wounded, sick and shipwrecked persons, as well as members of the
medical personnel and chaplains, may in no circumstances renounce in part or
in entirety the rights secured to them by the present Convention, and by the
special agreements referred to in the foregoing Article, if such there be.
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ARTICLE 8
The present Convention shall be applied with the cooperation and under
the scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst
their own nationals or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out
their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the
task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not on any
case exceed their mission under the present Convention. They shall, in
particular, take account of the imperative necessities of security of the State
wherein they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by
imperative military necessities.
ARTICLE 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of the
Parties to the conflict concerned, undertake for the protection of wounded, sick
and shipwrecked persons, medical personnel and chaplains, and for their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains
do not benefit or cease to benefit, no matter for what reason, by the activities of
a Protecting Power or of an organization provided for in the first paragraph
above, the Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the present
Convention by a Protecting Power designated by the Parties to a conflict.
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If protection cannot be arranged accordingly, the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted, even temporarily, in its
freedom to negotiate with the other Power or its allies by reason of military
events, more particularly where the whole, or a substantial part, of the territory
of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting
Power, such mention also applies to substitute organizations in the sense of the
present Article.
ARTICLE 11
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, in particular of the authorities responsible for
the wounded, sick and shipwrecked, medical personnel and chaplains, possibly
on neutral territory suitably chosen. The Parties to the conflict shall be bound to
give effect to the proposals made to them for this purpose. The Protecting
Powers may, if necessary, propose for approval by the Parties to the conflict, a
person belonging to a neutral Power or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a
meeting.
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CHAPTER II.—WOUNDED, SICK AND SHIPWRECKED
ARTICLE 12
Members of the armed forces and other persons mentioned in the following
Article, who are at sea and who are wounded, sick or shipwrecked, shall be
respected and protected in all circumstances, it being understood that the term
“shipwreck” means shipwreck from any cause and includes forced landings at
sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the
conflict in whose power they may be, without any adverse distinction founded
on sex, race, nationality, religion, political opinions, or any other similar
criteria. Any attempts upon their lives, or violence to their persons, shall be
strictly prohibited; in particular, they shall not be murdered or exterminated,
subjected to torture or to biological experiments; they shall not wilfully be left
without medical assistance and care, nor shall conditions exposing them to
contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of
treatment to be administered.
Women shall be treated with all consideration due to their sex.
ARTICLE 13
The present Convention shall apply to the wounded, sick and shipwrecked
at sea belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as
members of militias or volunteer corps forming part of such
armed forces.
(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to
a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates;
(b) that of having a fixed distinctive sign recognizable at a
distance;
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(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with
the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a
Government or an authority not recognized by the Detaining
Power.
(4) Persons who accompany the armed forces without actually being
members thereof, such as civilian members of military aircraft
crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the
armed forces, provided that they have received authorization
from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to
the conflict, who do not benefit by more favourable treatment
under any other provisions of international law.
(6) Inhabitants of a non-occupied territory who, on the approach of the
enemy, spontaneously take up arms to resist the invading forces,
without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and
customs of war.
ARTICLE 14
All warships of a belligerent Party shall have the right to demand that the
wounded, sick or shipwrecked on board military hospital ships, and hospital
ships belonging to relief societies or to private individuals, as well as merchant
vessels, yachts and other craft shall be surrendered, whatever their nationality,
provided that the wounded and sick are in a fit state to be moved and that the
warship can provide adequate facilities for necessary medical treatment.
ARTICLE 15
If wounded, sick or shipwrecked persons are taken on board a neutral
warship or a neutral military aircraft, it shall be ensured, where so required by
international law, that they can take no further part in operations of war.
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ARTICLE 16
Subject to the provisions of Article 12, the wounded, sick and shipwrecked
of a belligerent who fall into enemy hands shall be prisoners of war, and the
provisions of international law concerning prisoners of war shall apply to them.
The captor may decide, according to circumstances, whether it is expedient to
hold them, or to convey them to a port in the captor’s own country, to a neutral
port or even to a port in enemy territory. In the last case, prisoners of war thus
returned to their home country may not serve for the duration of the war.
ARTICLE 17
Wounded, sick or shipwrecked persons who are landed in neutral ports
with the consent of the local authorities, shall, failing arrangements to the
contrary between the neutral and the belligerent Powers, be so guarded by the
neutral Power, where so required by international law, that the said persons
cannot again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the
Power on whom the wounded, sick or shipwrecked persons depend.
ARTICLE 18
After each engagement, Parties to the conflict shall, without delay, take all
possible measures to search for and collect the shipwrecked, wounded and sick,
to protect them against pillage and ill-treatment, to ensure their adequate care,
and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude
local arrangements for the removal of the wounded and sick by sea from a
besieged or encircled area and for the passage of medical and religious
personnel and equipment on their way to that area.
ARTICLE 19
The Parties to the conflict shall record as soon as possible, in respect of
each shipwrecked, wounded, sick or dead person of the adverse Party falling
into their hands, any particulars which may assist in his identification. These
records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
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(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to
the information bureau described in Article 122 of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949, which shall
transmit this information to the Power on which these persons depend through
the intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the
same bureau, certificates of death or duly authenticated lists of the dead. They
shall likewise collect and forward through the same bureau one half of the
double identity disc, or the identity disc itself if it is a single disc, last wills or
other documents of importance to the next of kin, money and in general all
articles of an intrinsic or sentimental value, which are found on the dead. These
articles, together with unidentified articles, shall be sent in sealed packets,
accompanied by statements giving all particulars necessary for the identification
of the deceased owners, as well as by a complete list of the contents of the
parcel.
ARTICLE 20
Parties to the conflict shall ensure that burial at sea of the dead, carried out
individually as far as circumstances permit, is preceded by a careful
examination, if possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be made. Where
a double identity disc is used, one half of the disc should remain on the body.
If dead persons are landed, the provisions of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949, shall be applicable.
ARTICLE 21
The Parties to the conflict may appeal to the charity of commanders of
neutral merchant vessels, yachts or other craft, to take on board and care for
wounded, sick or shipwrecked persons, and to collect the dead.
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Vessels of any kind responding to this appeal, and those having of their
own accord collected wounded, sick or shipwrecked persons, shall enjoy special
protection and facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in
the absence of any promise to the contrary, they shall remain liable to capture
for any violations of neutrality they may have committed.
CHAPTER III.—HOSPITAL SHIPS
ARTICLE 22
Military hospital ships, that is to say, ships built or equipped by the Powers
specially and solely with a view to assisting the wounded, sick and
shipwrecked, to treating them and to transporting them, may in no
circumstances be attacked or captured, but shall at all times be respected and
protected, on condition that their names and descriptions have been notified to
the Parties to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include
registered gross tonnage, the length from stem to stern and the number of masts
and funnels.
ARTICLE 23
Establishments ashore entitled to the protection of the Geneva Convention
for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949, shall be protected from bombardment or
attack from the sea.
ARTICLE 24
Hospital ships utilized by National Red Cross Societies, by officially
recognized relief societies or by private persons shall have the same protection
as military hospital ships and shall be exempt from capture, if the Party to the
conflict on which they depend has given them an official commission and in so
far as the provisions of Article 22 concerning notification have been complied
with.
These ships must be provided with certificates from the responsible
authorities, stating that the vessels have been under their control while fitting
out and on departure.
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ARTICLE 25
Hospital ships utilized by National Red Cross Societies, officially
recognized relief societies, or private persons of neutral countries shall have the
same protection as military hospital ships and shall be exempt from capture, on
condition that they have placed themselves under the control of one of the
Parties to the conflict, with the previous consent of their own governments and
with the authorization of the Party to the conflict concerned, in so far as the
provisions of Article 22 concerning notification have been complied with.
ARTICLE 26
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital
ships of any tonnage and to their lifeboats, wherever they are operating.
Nevertheless, to ensure the maximum comfort and security, the Parties to the
conflict shall endeavour to utilize, for the transport of wounded, sick and
shipwrecked over long distances and on the high seas, only hospital ships of
over 2,000 tons gross.
ARTICLE 27
Under the same conditions as those provided for in Articles 22 and 24,
small craft employed by the State or by the officially recognized lifeboat
institutions for coastal rescue operations, shall also be respected and protected,
so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used
exclusively by these craft for their humanitarian missions.
ARTICLE 28
Should fighting occur on board a warship, the sick-bays shall be respected
and spared as far as possible. Sick-bays and their equipment shall remain
subject to the laws of warfare, but may not be diverted from their purpose so
long as they are required for the wounded and sick. Nevertheless, the
commander into whose power they have fallen may, after ensuring the proper
care of the wounded and sick who are accommodated therein, apply them to
other purposes in case of urgent military necessity.
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ARTICLE 29
Any hospital ship in a port which falls into the hands of the enemy shall be
authorized to leave the said port.
ARTICLE 30
The vessels described in Articles 22, 24, 25 and 27 shall afford relief and
assistance to the wounded, sick and shipwrecked without distinction of
nationality.
The High Contracting Parties undertake not to use these vessels for any
military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
ARTICLE 31
The Parties to the conflict shall have the right to control and search the
vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance
from these vessels, order them off, make them take a certain course, control the
use of their wireless and other means of communication, and even detain them
for a period not exceeding seven days from the time of interception, if the
gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall
be to see that orders given in virtue of the provisions of the preceding paragraph
are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the
hospital ship, in a language he can understand, the orders they have given the
captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements,
put on board their ships neutral observers who shall verify the strict observation
of the provisions contained in the present Convention.
ARTICLE 32
Vessels described in Articles 22, 24, 25 and 27 are not classed as warships
as regards their stay in a neutral port.
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ARTICLE 33
Merchant vessels which have been transformed into hospital ships cannot
be put to any other use throughout the duration of hostilities.
ARTICLE 34
The protection to which hospital ships and sick-bays are entitled shall not
cease unless they are used to commit, outside their humanitarian duties, acts
harmful to the enemy. Protection may, however, cease only after due warning
has been given, naming in all appropriate cases a reasonable time limit, and
after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their
wireless or other means of communication.
ARTICLE 35
The following conditions shall not be considered as depriving hospital
ships or sick-bays of vessels of the protection due to them:
(1) The fact that the crews of ships or sick-bays are armed for the
maintenance of order, for their own defence or that of the sick
and wounded.
(2) The presence on board of apparatus exclusively intended to facilitate
navigation or communication.
(3) The discovery on board hospital ships or in sick-bays of portable
arms and ammunition taken from the wounded, sick and
shipwrecked and not yet handed to the proper service.
(4) The fact that the humanitarian activities of hospital ships and
sick-bays of vessels or of the crews extend to the care of
wounded, sick or shipwrecked civilians.
(5) The transport of equipment and of personnel intended exclusively
for medical duties, over and above the normal requirements.
CHAPTER IV.—PERSONNEL
ARTICLE 36
The religious, medical and hospital personnel of hospital ships and their
crews shall be respected and protected; they may not be captured during the
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time they are in the service of the hospital ship, whether or not there are
wounded and sick on board.
ARTICLE 37
The religious, medical and hospital personnel assigned to the medical or
spiritual care of the persons designated in Articles 12 and 13 shall, if they fall
into the hands of the enemy, be respected and protected; they may continue to
carry out their duties as long as this is necessary for the care of the wounded
and sick. They shall afterwards be sent back as soon as the
Commander-in-Chief, under whose authority they are, considers it practicable.
They may take with them, on leaving the ship, their personal property.
If, however, it prove necessary to retain some of this personnel owing to
the medical or spiritual needs of prisoners of war, everything possible shall be
done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949.
CHAPTER V.—MEDICAL TRANSPORTS
ARTICLE 38
Ships chartered for that purpose shall be authorized to transport equipment
exclusively intended for the treatment of wounded and sick members of armed
forces or for the prevention of disease, provided that the particulars regarding
their voyage have been notified to the adverse Power and approved by the latter.
The adverse Power shall preserve the right to board the carrier ships, but not to
capture them or seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be
placed on board such ships to verify the equipment carried. For this purpose,
free access to the equipment shall be given.
ARTICLE 39
Medical aircraft, that is to say, aircraft exclusively employed for the
removal of the wounded, sick and shipwrecked, and for the transport of medical
personnel and equipment, may not be the object of attack, but shall be respected
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by the Parties to the conflict, while flying at heights, at times and on routes
specifically agreed upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in
Article 41, together with their national colours, on their lower, upper and lateral
surfaces. They shall be provided with any other markings or means of
identification which may be agreed upon between the Parties to the conflict
upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory
are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In
the event of having thus to alight, the aircraft with its occupants may continue
its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or
enemy-occupied territory, the wounded, sick and shipwrecked, as well as the
crew of the aircraft shall be prisoners of war. The medical personnel shall be
treated according to Articles 36 and 37.
ARTICLE 40
Subject to the provisions of the second paragraph, medical aircraft of
Parties to the conflict may fly over the territory of neutral Powers, land thereon
in case of necessity, or use it as a port of call. They shall give neutral Powers
prior notice of their passage over the said territory, and obey every summons to
alight, on land or water. They will be immune from attack only when flying on
routes, at heights and at times specifically agreed upon between the Parties to
the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the
passage or landing of medical aircraft on their territory. Such possible
conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the
conflict, the wounded, sick or shipwrecked who are disembarked with the
consent of the local authorities on neutral territory by medical aircraft shall be
detained by the neutral Power, where so required by international law, in such a
manner that they cannot again take part in operations of war. The cost of their
accommodation and internment shall be borne by the Power on which they
depend.
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CHAPTER VI.—THE DISTINCTIVE EMBLEM
ARTICLE 41
Under the direction of the competent military authority, the emblem of the
red cross on a white ground shall be displayed on the flags, armlets and on all
equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in
place of the red cross, the red crescent or the red lion and sun on a white
ground, these emblems are also recognized by the terms of the present
Convention.
ARTICLE 42
The personnel designated in Articles 36 and 37 shall wear, affixed to the
left arm, a water-resistant armlet bearing the distinctive emblem, issued and
stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in
Article 19, shall also carry a special identity card bearing the distinctive
emblem. This card shall be water-resistant and of such size that it can be carried
in the pocket. It shall be worded in the national language, shall mention at least
the surname and first names, the date of birth, the rank and the service number
of the bearer, and shall state in what capacity he is entitled to the protection of
the present Convention. The card shall bear the photograph of the owner and
also either his signature or his fingerprints or both. It shall be embossed with the
stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and,
as far as possible, of a similar type in the armed forces of the High Contracting
Parties. The Parties to the conflict may be guided by the model which is
annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity cards
should be made out, if possible, at least in duplicate, one copy being kept by the
home country.
In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss they shall be
entitled to receive duplicates of the cards and to have the insignia replaced.
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ARTICLE 43
The ships designated in Articles 22, 24, 25 and 27 shall be distinctively
marked as follows:
(a) All exterior surfaces shall be white.
(b) One or more dark red crosses, as large as possible, shall be painted
and displayed on each side of the hull and on the horizontal
surfaces, so placed as to afford the greatest possible visibility
from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national
flag and further, if they belong to a neutral state, the flag of the Party to the
conflict whose direction they have accepted. A white flag with a red cross shall
be flown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by the
Medical Service shall be painted white with dark red crosses prominently
displayed and shall, in general, comply with the identification system prescribed
above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night
and in times of reduced visibility the protection to which they are entitled, must,
subject to the assent of the Party to the conflict under whose power they are,
take the necessary measures to render their painting and distinctive emblems
sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally
detained by the enemy, must haul down the flag of the Party to the conflict in
whose service they are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the
Occupying Power from a base which is occupied, may be allowed, when away
from their base, to continue to fly their own national colours along with a flag
carrying a red cross on a white ground, subject to prior notification to all the
Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply
equally to the other emblems mentioned in Article 41.
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Parties to the conflict shall at all times endeavour to conclude mutual
agreements in order to use the most modern methods available to facilitate the
identification of hospital ships.
ARTICLE 44
The distinguishing signs referred to in Article 43 can only be used, whether
in time of peace or war, for indicating or protecting the ships therein mentioned,
except as may be provided in any other international Convention or by
agreement between all the Parties to the conflict concerned.
ARTICLE 45
The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at all
times, of any abuse of the distinctive signs provided for under Article 43.
CHAPTER VII.—EXECUTION OF THE CONVENTION
ARTICLE 46
Each Party to the conflict, acting through its Commanders-in-Chief, shall
ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
ARTICLE 47
Reprisals against the wounded, sick and shipwrecked persons, the
personnel, the vessels or the equipment protected by the Convention are
prohibited.
ARTICLE 48
The High Contracting Parties undertake, in time of peace as in time of war,
to disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular to the armed
fighting forces, the medical personnel and the chaplains.
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ARTICLE 49
The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the laws
and regulations which they may adopt to ensure the application thereof.
CHAPTER VIII.—REPRESSION OF ABUSES AND INFRACTIONS
ARTICLE 50
The High Contracting Parties undertake to enact any legislation necessary
to provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed, such
grave breaches, and shall bring such persons, regardless of their nationality,
before its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has
made out a prima facie case.
Each High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present Convention
other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper trial and defence, which shall not be less favourable than those provided
by Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
ARTICLE 51
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great suffering or serious
injury to body or health, and extensive destruction and appropriation of
property, not justified by military necessity and carried out unlawfully and
wantonly.
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ARTICLE 52
No High Contracting Party shall be allowed to absolve itself or any other
High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.
ARTICLE 53
At the request of a Party to the conflict, an enquiry shall be instituted, in a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the
enquiry, the Parties should agree on the choice of an umpire, who will decide
upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put
an end to it and shall repress it with the least possible delay.
FINAL PROVISIONS
ARTICLE 54
The present Convention is established in English and in French. Both texts
are equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
ARTICLE 55
The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not represented at that Conference, but which are parties to the Xth Hague
Convention of October 18, 1907, for the adaptation to Maritime Warfare of the
principles of the Geneva Convention of 1906, or to the Geneva Conventions of
1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the
Field.
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ARTICLE 56
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
ARTICLE 57
The present Convention shall come into force six months after not less than
two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months after the deposit of the instrument of ratification.
ARTICLE 58
The present Convention replaces the Xth Hague Convention of October 18,
1907, for the adaptation to Maritime Warfare of the principles of the Geneva
Convention of 1906, in relations between the High Contracting Parties.
ARTICLE 59
From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ARTICLE 60
Accessions shall be notified in writing to the Swiss Federal Council, and
shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the
Powers in whose name the Convention has been signed, or whose accession has
been notified.
ARTICLE 61
The situations provided for in Articles 2 and 3 shall give immediate effect
to ratifications deposited and accessions notified by the Parties to the conflict
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before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
ARTICLE 62
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof
has been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a conflict shall not take effect until peace has been concluded, and until after
operations connected with the release and repatriation of the persons protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing
Power. It shall in no way impair the obligations which the Parties to the conflict
shall remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the laws
of humanity and the dictates of the public conscience.
ARTICLE 63
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and
French languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof
to each of the signatory and acceding States.
[Here follow the signatures and Annex.]
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Schedule 3—Geneva Convention Relative to
the Treatment of Prisoners of War of
August 12, 1949 Section 5
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the purpose of revising the Convention concluded at Geneva on July 27, 1929,
relative to the Treatment of Prisoners of War, have agreed as follows:
PART I.—GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.
ARTICLE 2
In addition to the provisions which shall be implemented in peace time, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation
to the said Power, if the latter accepts and applies the provisions thereof.
ARTICLE 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
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hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular,
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court affording all the judicial guarantees
which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
ARTICLE 4
A. Prisoners of war, in the sense of the present Convention, are persons
belonging to one of the following categories, who have fallen into the power of
the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as
members of militias or volunteer corps forming part of such
armed forces.
(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to
a Party to the conflict and operating in or outside their own
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territory, even if this territory is occupied, provided that such
militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates;
(b) that of having a fixed distinctive sign recognizable at a
distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with
the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a
government or an authority not recognized by the Detaining
Power.
(4) Persons who accompany the armed forces without actually being
members thereof, such as civilian members of military aircraft
crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the
armed forces, provided that they have received authorization
from the armed forces which they accompany, who shall provide
them for that purpose with an identity card similar to the annexed
model.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to
the conflict, who do not benefit by more favourable treatment
under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the
enemy spontaneously take up arms to resist the invading forces,
without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and
customs of war.
B. The following shall likewise be treated as prisoners of war under the
present Convention:
(1) Persons belonging, or having belonged, to the armed forces of the
occupied country, if the occupying Power considers it necessary
by reason of such allegiance to intern them, even though it has
originally liberated them while hostilities were going on outside
the territory it occupies, in particular where such persons have
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made an unsuccessful attempt to rejoin the armed forces to which
they belong and which are engaged in combat, or where they fail
to comply with a summons made to them with a view to
internment.
(2) The persons belonging to one of the categories enumerated in the
present Article, who have been received by neutral or
non-belligerent Powers on their territory and whom these Powers
are required to intern under international law, without prejudice
to any more favourable treatment which these Powers may
choose to give and with the exception of Articles 8, 10, 15, 30,
fifth paragraph, 58-67, 92, 126 and, where diplomatic relations
exist between the Parties to the conflict and the neutral or
non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the
Parties to a conflict on whom these persons depend shall be
allowed to perform towards them the functions of a Protecting
Power as provided in the present Convention, without prejudice
to the functions which these Parties normally exercise in
conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and
chaplains as provided for in Article 33 of the present Convention.
ARTICLE 5
The present Convention shall apply to the persons referred to in Article 4
from the time they fall into the power of the enemy and until their final release
and repatriation.
Should any doubt arise as to whether persons, having committed a
belligerent act and having fallen into the hands of the enemy, belong to any of
the categories enumerated in Article 4, such persons shall enjoy the protection
of the present Convention until such time as their status has been determined by
a competent tribunal.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 23, 28,
33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High
Contracting Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate provision. No
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special agreement shall adversely affect the situation of prisoners of war, as
defined by the present Convention, nor restrict the rights which it confers upon
them.
Prisoners of war shall continue to have the benefit of such agreements as
long as the Convention is applicable to them, except where express provisions
to the contrary are contained in the aforesaid or in subsequent agreements, or
where more favourable measures have been taken with regard to them by one or
other of the Parties to the conflict.
ARTICLE 7
Prisoners of war may in no circumstances renounce in part or in entirety
the rights secured to them by the present Convention, and by the special
agreements referred to in the foregoing Article, if such there be.
ARTICLE 8
The present Convention shall be applied with the cooperation and under
the scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst
their own nationals or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out
their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the
task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case exceed their mission under the present Convention. They shall, in
particular, take account of the imperative necessities of security of the State
wherein they carry out their duties.
ARTICLE 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of the
Parties to the conflict concerned, undertake for the protection of prisoners of
war and for their relief.
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ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for
what reason, by the activities of a Protecting Power or of an organization
provided for in the first paragraph above, the Detaining Power shall request a
neutral State, or such an organization, to undertake the functions performed
under the present Convention by a Protecting Power designated by the Parties to
a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted, even temporarily, in its
freedom to negotiate with the other Power or its allies by reason of military
events, more particularly where the whole, or a substantial part, of the territory
of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting
Power, such mention applies to substitute organizations in the sense of the
present Article.
ARTICLE 11
In cases where they deem it advisable in the interest of protected persons
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
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Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, and in particular of the authorities responsible
for prisoners of war, possibly on neutral territory suitably chosen. The Parties to
the conflict shall be bound to give effect to the proposals made to them for this
purpose. The Protecting Powers may, if necessary, propose for approval by the
Parties to the conflict a person belonging to a neutral Power, or delegated by the
International Committee of the Red Cross, who shall be invited to take part in
such a meeting.
PART II.—GENERAL PROTECTION OF PRISONERS OF WAR
ARTICLE 12
Prisoners of war are in the hands of the enemy Power, but not of the
individuals or military units who have captured them. Irrespective of the
individual responsibilities that may exist, the Detaining Power is responsible for
the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a
Power which is a party to the Convention and after the Detaining Power has
satisfied itself of the willingness and ability of such transferee Power to apply
the Convention. When prisoners of war are transferred under such
circumstances, responsibility for the application of the Convention rests on the
Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the
Convention in any important respect, the Power by whom the prisoners of war
were transferred shall, upon being notified by the Protecting Power, take
effective measures to correct the situation or shall request the return of the
prisoners of war. Such requests must be complied with.
ARTICLE 13
Prisoners of war must at all times be humanely treated. Any unlawful act or
omission by the Detaining Power causing death or seriously endangering the
health of a prisoner of war in its custody is prohibited, and will be regarded as a
serious breach of the present Convention. In particular, no prisoner of war may
be subjected to physical mutilation or to medical or scientific experiments of
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any kind which are not justified by the medical, dental or hospital treatment of
the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly
against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
ARTICLE 14
Prisoners of war are entitled in all circumstances to respect for their
persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all
cases benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at
the time of their capture. The Detaining Power may not restrict the exercise,
either within or without its own territory, of the rights such capacity confers
except in so far as the captivity requires.
ARTICLE 15
The Power detaining prisoners of war shall be bound to provide free of
charge for their maintenance and for the medical attention required by their state
of health.
ARTICLE 16
Taking into consideration the provisions of the present Convention relating
to rank and sex, and subject to any privileged treatment which may be accorded
to them by reason of their state of health, age or professional qualifications, all
prisoners of war shall be treated alike by the Detaining Power, without any
adverse distinction based on race, nationality, religious belief or political
opinions, or any other distinction founded on similar criteria.
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PART III.—CAPTIVITY
SECTION I.—BEGINNING OF CAPTIVITY
ARTICLE 17
Every prisoner of war, when questioned on the subject, is bound to give
only his surname, first names and rank, date of birth, and army, regimental,
personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a
restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its
jurisdiction who are liable to become prisoners of war, with an identity card
showing the owner’s surname, first names, rank, army, regimental, personal or
serial number or equivalent information, and date of birth. The identity card
may, furthermore, bear the signature or the fingerprints, or both, of the owner,
and may bear, as well, any other information the Party to the conflict may wish
to add concerning persons belonging to its armed forces. As far as possible the
card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity
card shall be shown by the prisoner of war upon demand, but may in no case be
taken away from him.
No physical or mental torture, nor any other form of coercion, may be
inflicted on prisoners of war to secure from them information of any kind
whatever. Prisoners of war who refuse to answer may not be threatened,
insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are
unable to state their identity, shall be handed over to the medical service. The
identity of such prisoners shall be established by all possible means, subject to
the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language
which they understand.
ARTICLE 18
All effects and articles of personal use, except arms, horses, military
equipment and military documents, shall remain in the possession of prisoners
of war, likewise their metal helmets and gas masks and like articles issued for
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personal protection. Effects and articles used for their clothing or feeding shall
likewise remain in their possession, even if such effects and articles belong to
their regulation military equipment.
At no time should prisoners of war be without identity documents. The
Detaining Power shall supply such documents to prisoners of war who possess
none.
Badges of rank and nationality, decorations and articles having above all a
personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from
them except by order of an officer, and after the amount and particulars of the
owner have been recorded in a special register and an itemized receipt has been
given, legibly inscribed with the name, rank and unit of the person issuing the
said receipt. Sums in the currency of the Detaining Power, or which are changed
into such currency at the prisoner’s request, shall be placed to the credit of the
prisoner’s account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war
only for reasons of security; when such articles are withdrawn, the procedure
laid down for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of
the Detaining Power and the conversion of which has not been asked for by the
owners, shall be kept in the custody of the Detaining Power and shall be
returned in their initial shape to prisoners of war at the end of their captivity.
ARTICLE 19
Prisoners of war shall be evacuated, as soon as possible after their capture,
to camps situated in an area far enough from the combat zone for them to be out
of danger.
Only those prisoners of war who, owing to wounds or sickness, would run
greater risks by being evacuated than by remaining where they are, may be
temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while
awaiting evacuation from a fighting zone.
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ARTICLE 20
The evacuation of prisoners of war shall always be effected humanely and
in conditions similar to those for the forces of the Detaining Power in their
changes of station.
The Detaining Power shall supply prisoners of war who are being
evacuated with sufficient food and potable water, and with the necessary
clothing and medical attention. The Detaining Power shall take all suitable
precautions to ensure their safety during evacuation, and shall establish as soon
as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps,
their stay in such camps shall be as brief as possible.
SECTION II.—INTERNMENT OF PRISONERS OF WAR
CHAPTER I.—GENERAL OBSERVATIONS
ARTICLE 21
The Detaining Power may subject prisoners of war to internment. It may
impose on them the obligation of not leaving, beyond certain limits, the camp
where they are interned, or if the said camp is fenced in, of not going outside its
perimeter. Subject to the provisions of the present Convention relative to penal
and disciplinary sanctions, prisoners of war may not be held in close
confinement except where necessary to safeguard their health and then only
during the continuation of the circumstances which make such confinement
necessary.
Prisoners of war may be partially or wholly released on parole or promise,
in so far as is allowed by the laws of the Power on which they depend. Such
measures shall be taken particularly in cases where this may contribute to the
improvement of their state of health. No prisoner of war shall be compelled to
accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the
adverse Party of the laws and regulations allowing or forbidding its own
nationals to accept liberty on parole or promise. Prisoners of war who are
paroled or who have given their promise in conformity with the laws and
regulations so notified, are bound on their personal honour scrupulously to
fulfil, both towards the Power on which they depend and towards the Power
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which has captured them, the engagements of their paroles or promises. In such
cases, the Power on which they depend is bound neither to require nor to accept
from them any service incompatible with the parole or promise given.
ARTICLE 22
Prisoners of war may be interned only in premises located on land and
affording every guarantee of hygiene and healthfulness. Except in particular
cases which are justified by the interest of the prisoners themselves, they shall
not be interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is
injurious for them, shall be removed as soon as possible to a more favourable
climate.
The Detaining Power shall assemble prisoners of war in camps or camp
compounds according to their nationality, language and customs, provided that
such prisoners shall not be separated from prisoners of war belonging to the
armed forces with which they were serving at the time of their capture, except
with their consent.
ARTICLE 23
No prisoner of war may at any time be sent to, or detained in areas where
he may be exposed to the fire of the combat zone, nor may his presence be used
to render certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other
hazards of war, to the same extent as the local civilian population. With the
exception of those engaged in the protection of their quarters against the
aforesaid hazards, they may enter such shelters as soon as possible after the
giving of the alarm. Any other protective measure taken in favour of the
population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the
intermediary of the Protecting Powers, all useful information regarding the
geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be
indicated in the day-time by the letters PW or PG, placed so as to be clearly
visible from the air. The Powers concerned may, however, agree upon any other
system of marking. Only prisoner of war camps shall be marked as such.
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ARTICLE 24
Transit or screening camps of a permanent kind shall be fitted out under
conditions similar to those described in the present Section, and the prisoners
therein shall have the same treatment as in other camps.
CHAPTER II.—QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR
ARTICLE 25
Prisoners of war shall be quartered under conditions as favourable as those
for the forces of the Detaining Power who are billeted in the same area. The
said conditions shall make allowance for the habits and customs of the prisoners
and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of
prisoners of war as regards both total surface and minimum cubic space, and the
general installations, bedding and blankets.
The premises provided for the use of prisoners of war individually or
collectively, shall be entirely protected from dampness and adequately heated
and lighted, in particular between dusk and lights out. All precautions must be
taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are
accommodated, separate dormitories shall be provided for them.
ARTICLE 26
The basic daily food rations shall be sufficient in quantity, quality and
variety to keep prisoners of war in good health and to prevent loss of weight or
the development of nutritional deficiencies. Account shall also be taken of the
habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such
additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of
tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation
of their meals; they may be employed for that purpose in the kitchens.
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Furthermore, they shall be given the means of preparing, themselves, the
additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
ARTICLE 27
Clothing, underwear and footwear shall be supplied to prisoners of war in
sufficient quantities by the Detaining Power, which shall make allowance for
the climate of the region where the prisoners are detained. Uniforms of enemy
armed forces captured by the Detaining Power should, if suitable for the
climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by
the Detaining Power. In addition, prisoners of war who work shall receive
appropriate clothing, wherever the nature of the work demands.
ARTICLE 28
Canteens shall be installed in all camps, where prisoners of war may
procure foodstuffs, soap and tobacco and ordinary articles in daily use. The
tariff shall never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the
prisoners; a special fund shall be created for this purpose. The prisoners’
representative shall have the right to collaborate in the management of the
canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be
handed to an international welfare organization, to be employed for the benefit
of prisoners of war of the same nationality as those who have contributed to the
fund. In case of a general repatriation, such profits shall be kept by the
Detaining Power subject to any agreement to the contrary between the Powers
concerned.
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CHAPTER III.—HYGIENE AND MEDICAL ATTENTION
ARTICLE 29
The Detaining Power shall be bound to take all sanitary measures
necessary to ensure the cleanliness and healthfulness of camps and to prevent
epidemics.
Prisoners of war shall have for their use, day and night, conveniences
which conform to the rules of hygiene and are maintained in a constant state of
cleanliness. In any camps in which women prisoners of war are accommodated,
separate conveniences shall be provided for them.
Also, apart from the baths and showers with which the camps shall be
furnished, prisoners of war shall be provided with sufficient water and soap for
their personal toilet and for washing their personal laundry; the necessary
installations, facilities and time shall be granted them for that purpose.
ARTICLE 30
Every camp shall have an adequate infirmary where prisoners of war may
have the attention they require, as well as appropriate diet. Isolation wards shall,
if necessary, be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition
necessitates special treatment, a surgical operation or hospital care, must be
admitted to any military or civilian medical unit where such treatment can be
given, even if their repatriation is contemplated in the near future. Special
facilities shall be afforded for the care to be given to the disabled, in particular
to the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel
of the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the
medical authorities for examination. The detaining authorities shall, upon
request, issue to every prisoner who has undergone treatment, an official
certificate indicating the nature of his illness or injury, and the duration and
kind of treatment received. A duplicate of this certificate shall be forwarded to
the Central Prisoners of War Agency.
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The costs of treatment, including those of any apparatus necessary for the
maintenance of prisoners of war in good health, particularly dentures and other
artificial appliances, and spectacles, shall be borne by the Detaining Power.
ARTICLE 31
Medical inspections of prisoners of war shall be held at least once a month.
They shall include the checking and the recording of the weight of each prisoner
of war. Their purpose shall be, in particular, to supervise the general state of
health, nutrition and cleanliness of prisoners and to detect contagious diseases,
especially tuberculosis, malaria and venereal disease. For this purpose the most
efficient methods available shall be employed, e.g. periodic mass miniature
radiography for the early detection of tuberculosis.
ARTICLE 32
Prisoners of war who, though not attached to the medical service of their
armed forces, are physicians, surgeons, dentists, nurses or medical orderlies,
may be required by the Detaining Power to exercise their medical functions in
the interests of prisoners of war dependent on the same Power. In that case they
shall continue to be prisoners of war, but shall receive the same treatment as
corresponding medical personnel retained by the Detaining Power. They shall
be exempted from any other work under Article 49.
CHAPTER IV.—MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO
ASSIST PRISONERS OF WAR
ARTICLE 33
Members of the medical personnel and chaplains while retained by the
Detaining Power with a view to assisting prisoners of war, shall not be
considered as prisoners of war. They shall, however, receive as a minimum the
benefits and protection of the present Convention, and shall also be granted all
facilities necessary to provide for the medical care of, and religious ministration
to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the
benefit of prisoners of war, preferably those belonging to the armed forces upon
which they depend, within the scope of the military laws and regulations of the
Detaining Power and under the control of its competent services, in accordance
with their professional etiquette. They shall also benefit by the following
facilities in the exercise of their medical or spiritual functions:
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(a) They shall be authorized to visit periodically prisoners of war
situated in working detachments or in hospitals outside the camp.
For this purpose, the Detaining Power shall place at their disposal
the necessary means of transport.
(b) The senior medical officer in each camp shall be responsible to the
camp military authorities for everything connected with the
activities of retained medical personnel. For this purpose, Parties
to the conflict shall agree at the outbreak of hostilities on the
subject of the corresponding ranks of the medical personnel,
including that of societies mentioned in Article 26 of the Geneva
Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12,
1949. This senior medical officer, as well as chaplains, shall have
the right to deal with the competent authorities of the camp on all
questions relating to their duties. Such authorities shall afford
them all necessary facilities for correspondence relating to these
questions.
(c) Although they shall be subject to the internal discipline of the camp
in which they are retained, such personnel may not be compelled
to carry out any work other than that concerned with their
medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the
possible relief of retained personnel and shall settle the procedure to be
followed.
None of the preceding provisions shall relieve the Detaining Power of its
obligations with regard to prisoners of war from the medical or spiritual point of
view.
CHAPTER V.—RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
ARTICLE 34
Prisoners of war shall enjoy complete latitude in the exercise of their
religious duties, including attendance at the service of their faith, on condition
that they comply with the disciplinary routine prescribed by the military
authorities.
Adequate premises shall be provided where religious services may be held.
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ARTICLE 35
Chaplains who fall into the hands of the enemy Power and who remain or
are retained with a view to assisting prisoners of war, shall be allowed to
minister to them and to exercise freely their ministry amongst prisoners of war
of the same religion, in accordance with their religious conscience. They shall
be allocated among the various camps and labour detachments containing
prisoners of war belonging to the same forces, speaking the same language or
practising the same religion. They shall enjoy the necessary facilities, including
the means of transport provided for in Article 33, for visiting the prisoners of
war outside their camp. They shall be free to correspond, subject to censorship,
on matters concerning their religious duties with the ecclesiastical authorities in
the country of detention and with international religious organizations. Letters
and cards which they may send for this purpose shall be in addition to the quota
provided for in Article 71.
ARTICLE 36
Prisoners of war who are ministers of religion, without having officiated as
chaplains to their own forces, shall be at liberty, whatever their denomination,
to minister freely to the members of their community. For this purpose, they
shall receive the same treatment as the chaplains retained by the Detaining
Power. They shall not be obliged to do any other work.
ARTICLE 37
When prisoners of war have not the assistance of a retained chaplain or of a
prisoner of war minister of their faith, a minister belonging to the prisoners’ or a
similar denomination, or in his absence a qualified layman, if such a course is
feasible from a confessional point of view, shall be appointed, at the request of
the prisoners concerned, to fill this office. This appointment, subject to the
approval of the Detaining Power, shall take place with the agreement of the
community of prisoners concerned and, wherever necessary, with the approval
of the local religious authorities of the same faith. The person thus appointed
shall comply with all regulations established by the Detaining Power in the
interests of discipline and military security.
ARTICLE 38
While respecting the individual preferences of every prisoner, the
Detaining Power shall encourage the practice of intellectual, educational, and
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recreational pursuits, sports and games amongst prisoners, and shall take the
measures necessary to ensure the exercise thereof by providing them with
adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including
sports and games, and for being out of doors. Sufficient open spaces shall be
provided for this purpose in all camps.
CHAPTER VI.—DISCIPLINE
ARTICLE 39
Every prisoner of war camp shall be put under the immediate authority of a
responsible commissioned officer belonging to the regular armed forces of the
Detaining Power. Such officer shall have in his possession a copy of the present
Convention; he shall ensure that its provisions are known to the camp staff and
the guard and shall be responsible, under the direction of his government, for its
application.
Prisoners of war, with the exception of officers, must salute and show to all
officers of the Detaining Power the external marks of respect provided for by
the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank
of the Detaining Power; they must, however, salute the camp commander
regardless of his rank.
ARTICLE 40
The wearing of badges of rank and nationality, as well as of decorations,
shall be permitted.
ARTICLE 41
In every camp the text of the present Convention and its Annexes and the
contents of any special agreement provided for in Article 6, shall be posted, in
the prisoners’ own language, in places where all may read them. Copies shall be
supplied, on request, to the prisoners who cannot have access to the copy which
has been posted.
Regulations, orders, notices and publications of every kind relating to the
conduct of prisoners of war shall be issued to them in a language which they
understand. Such regulations, orders and publications shall be posted in the
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manner described above and copies shall be handed to the prisoners’
representative. Every order and command addressed to prisoners of war
individually must likewise be given in a language which they understand.
ARTICLE 42
The use of weapons against prisoners of war, especially against those who
are escaping or attempting to escape, shall constitute an extreme measure,
which shall always be preceded by warnings appropriate to the circumstances.
CHAPTER VII.—RANK OF PRISONERS OF WAR
ARTICLE 43
Upon the outbreak of hostilities, the parties to the conflict shall
communicate to one another the titles and ranks of all the persons mentioned in
Article 4 of the present Convention, in order to ensure equality of treatment
between prisoners of equivalent rank. Titles and ranks which are subsequently
created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been
accorded to prisoners of war and which have been duly notified by the Power
on which these prisoners depend.
ARTICLE 44
Officers and prisoners of equivalent status shall be treated with the regard
due to their rank and age.
In order to ensure service in officers’ camps, other ranks of the same armed
forces who, as far as possible, speak the same language, shall be assigned in
sufficient numbers, account being taken of the rank of officers and prisoners of
equivalent status. Such orderlies shall not be required to perform any other
work.
Supervision of the mess by the officers themselves shall be facilitated in
every way.
ARTICLE 45
Prisoners of war other than officers and prisoners of equivalent status shall
be treated with the regard due to their rank and age.
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Supervision of the mess by the prisoners themselves shall be facilitated in
every way.
CHAPTER VIII.—TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL
IN CAMP
ARTICLE 46
The Detaining Power, when deciding upon the transfer of prisoners of war,
shall take into account the interests of the prisoners themselves, more especially
so as not to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in
conditions not less favourable than those under which the forces of the
Detaining Power are transferred. Account shall always be taken of the climatic
conditions to which the prisoners of war are accustomed and the conditions of
transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with
sufficient food and drinking water to keep them in good health, likewise with
the necessary clothing, shelter and medical attention. The Detaining Power shall
take adequate precautions especially in case of transport by sea or by air, to
ensure their safety during transfer, and shall draw up a complete list of all
transferred prisoners before their departure.
ARTICLE 47
Sick or wounded prisoners of war shall not be transferred as long as their
recovery may be endangered by the journey, unless their safety imperatively
demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said
camp shall not be transferred unless their transfer can be carried out in adequate
conditions of safety, or unless they are exposed to greater risks by remaining on
the spot than by being transferred.
ARTICLE 48
In the event of transfer, prisoners of war shall be officially advised of their
departure and of their new postal address. Such notifications shall be given in
time for them to pack their luggage and inform their next of kin.
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They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited, if the conditions of transfer so require, to what each
prisoner can reasonably carry, which shall in no case be more than twenty-five
kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to
them without delay. The camp commander shall take, in agreement with the
prisoners’ representative, any measures needed to ensure the transport of the
prisoners’ community property and of the luggage they are unable to take with
them in consequence of restrictions imposed by virtue of the second paragraph
of this Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III.—LABOUR OF PRISONERS OF WAR
ARTICLE 49
The Detaining Power may utilize the labour of prisoners of war who are
physically fit, taking into account their age, sex, rank and physical aptitude, and
with a view particularly to maintaining them in a good state of physical and
mental health.
Non-commissioned officers who are prisoners of war shall only be required
to do supervisory work. Those not so required may ask for other suitable work
which shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall be
found for them, so far as possible, but they may in no circumstances be
compelled to work.
ARTICLE 50
Besides work connected with camp administration, installation or
maintenance, prisoners of war may be compelled to do only such work as is
included in the following classes:
(a) agriculture;
(b) industries connected with the production or the extraction of raw
materials, and manufacturing industries, with the exception of
metallurgical, machinery and chemical industries; public works
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and building operations which have no military character or
purpose;
(c) transport and handling of stores which are not military in character
or purpose;
(d) commercial business, and arts and crafts;
(e) domestic service;
(f) public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall be allowed
to exercise their right of complaint, in conformity with Article 78.
ARTICLE 51
Prisoners of war must be granted suitable working conditions, especially as
regards accommodation, food, clothing and equipment; such conditions shall
not be inferior to those enjoyed by nationals of the Detaining Power employed
in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall
ensure that in areas in which such prisoners are employed, the national
legislation concerning the protection of labour, and, more particularly, the
regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of
protection suitable to the work they will have to do and similar to those
accorded to the nationals of the Detaining Power. Subject to the provisions of
Article 52, prisoners may be submitted to the normal risks run by these civilian
workers.
Conditions of labour shall in no case be rendered more arduous by
disciplinary measures.
ARTICLE 52
Unless he be a volunteer, no prisoner of war may be employed on labour
which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked
upon as humiliating for a member of the Detaining Power’s own forces.
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The removal of mines or similar devices shall be considered as dangerous
labour.
ARTICLE 53
The duration of the daily labour of prisoners of war, including the time of
the journey to and fro, shall not be excessive, and must in no case exceed that
permitted for civilian workers in the district, who are nationals of the Detaining
Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day’s work, a rest of
not less than one hour. This rest will be the same as that to which workers of the
Detaining Power are entitled, if the latter is of longer duration. They shall be
allowed in addition a rest of twenty-four consecutive hours every week,
preferably on Sunday or the day of rest in their country of origin. Furthermore,
every prisoner who has worked for one year shall be granted a rest of eight
consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the
working period shall not be rendered excessive thereby.
ARTICLE 54
The working pay due to prisoners of war shall be fixed in accordance with
the provisions of Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who
contract a disease in the course, or in consequence of their work, shall receive
all the care their condition may require. The Detaining Power shall furthermore
deliver to such prisoners of war a medical certificate enabling them to submit
their claims to the Power on which they depend, and shall send a duplicate to
the Central Prisoners of War Agency provided for in Article 123.
ARTICLE 55
The fitness of prisoners of war for work shall be periodically verified by
medical examinations at least once a month. The examinations shall have
particular regard to the nature of the work which prisoners of war are required
to do.
If any prisoner of war considers himself incapable of working, he shall be
permitted to appear before the medical authorities of his camp. Physicians or
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surgeons may recommend that the prisoners who are, in their opinion, unfit for
work, be exempted therefrom.
ARTICLE 56
The organization and administration of labour detachments shall be similar
to those of prisoner of war camps.
Every labour detachment shall remain under the control of and
administratively part of a prisoner of war camp. The military authorities and the
commander of the said camp shall be responsible, under the direction of their
government, for the observance of the provisions of the present Convention in
labour detachments.
The camp commander shall keep an up-to-date record of the labour
detachments dependent on his camp, and shall communicate it to the delegates
of the Protecting Power, of the International Committee of the Red Cross, or of
other agencies giving relief to prisoners of war, who may visit the camp.
ARTICLE 57
The treatment of prisoners of war who work for private persons, even if the
latter are responsible for guarding and protecting them, shall not be inferior to
that which is provided for by the present Convention. The Detaining Power, the
military authorities and the commander of the camp to which such prisoners
belong shall be entirely responsible for the maintenance, care, treatment, and
payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with
the prisoners’ representatives in the camps on which they depend.
SECTION IV.—FINANCIAL RESOURCES OF PRISONERS OF WAR
ARTICLE 58
Upon the outbreak of hostilities, and pending an arrangement on this matter
with the Protecting Power, the Detaining Power may determine the maximum
amount of money in cash or in any similar form, that prisoners may have in
their possession. Any amount in excess, which was properly in their possession
and which has been taken or withheld from them, shall be placed to their
account, together with any monies deposited by them, and shall not be
converted into any other currency without their consent.
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If prisoners of war are permitted to purchase services or commodities
outside the camp against payment in cash, such payments shall be made by the
prisoner himself or by the camp administration who will charge them to the
accounts of the prisoners concerned. The Detaining Power will establish the
necessary rules in this respect.
ARTICLE 59
Cash which was taken from prisoners of war, in accordance with Article
18, at the time of their capture, and which is in the currency of the Detaining
Power, shall be placed to their separate accounts, in accordance with the
provisions of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the
conversion of sums in other currencies that are taken from the prisoners of war
at the same time, shall also be credited to their separate accounts.
ARTICLE 60
The Detaining Power shall grant all prisoners of war a monthly advance of
pay, the amount of which shall be fixed by conversion, into the currency of the
said Power, of the following amounts:
Category I: Prisoners ranking below sergeants: eight Swiss francs.
Category II: Sergeants and other non-commissioned officers, or
prisoners of equivalent rank: twelve Swiss francs.
Category III: Warrant officers and commissioned officers below the
rank of major or prisoners of equivalent rank: fifty
Swiss francs.
Category IV: Majors, lieutenant-colonels, colonels or prisoners of
equivalent rank: sixty Swiss francs.
Category V: General officers or prisoners of war of equivalent rank:
seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special agreement
modify the amount of advances of pay due to prisoners of the preceding
categories.
Furthermore, if the amounts indicated in the first paragraph above would
be unduly high compared with the pay of the Detaining Power’s armed forces or
would, for any reason, seriously embarrass the Detaining Power, then, pending
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the conclusion of a special agreement with the Power on which the prisoners
depend to vary the amounts indicated above, the Detaining Power:
(a) shall continue to credit the accounts of the prisoners with the
amounts indicated in the first paragraph above;
(b) may temporarily limit the amount made available from these
advances of pay to prisoners of war for their own use, to sums
which are reasonable, but which, for Category I, shall never be
inferior to the amount that the Detaining Power gives to the
members of its own armed forces.
The reasons for any limitation will be given without delay to the Protecting
Power.
ARTICLE 61
The Detaining Power shall accept for distribution as supplementary pay to
prisoners of war sums which the Power on which the prisoners depend may
forward to them, on condition that the sums to be paid shall be the same for
each prisoner of the same category, shall be payable to all prisoners of that
category depending on that Power, and shall be placed in their separate
accounts, at the earliest opportunity, in accordance with the provisions of
Article 64. Such supplementary pay shall not relieve the Detaining Power of
any obligation under this Convention.
ARTICLE 62
Prisoners of war shall be paid a fair working rate of pay by the detaining
authorities direct. The rate shall be fixed by the said authorities, but shall at no
time be less than one-fourth of one Swiss franc for a full working day. The
Detaining Power shall inform prisoners of war, as well as the Power on which
they depend, through the intermediary of the Protecting Power, of the rate of
daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners
of war permanently detailed to duties or to a skilled or semi-skilled occupation
in connection with the administration, installation or maintenance of camps, and
to the prisoners who are required to carry out spiritual or medical duties on
behalf of their comrades.
The working pay of the prisoners’ representative, of his advisers, if any,
and of his assistants, shall be paid out of the fund maintained by canteen profits.
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The scale of this working pay shall be fixed by the prisoners’ representative and
approved by the camp commander. If there is no such fund, the detaining
authorities shall pay these prisoners a fair working rate of pay.
ARTICLE 63
Prisoners of war shall be permitted to receive remittances of money
addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his
account as provided for in the following Article, within the limits fixed by the
Detaining Power, which shall make such payments as are requested. Subject to
financial or monetary restrictions which the Detaining Power regards as
essential, prisoners of war may also have payments made abroad. In this case
payments addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they
depend, prisoners may have payments made in their own country, as follows:
the Detaining Power shall send to the aforesaid Power through the Protecting
Power, a notification giving all the necessary particulars concerning the
prisoners of war, the beneficiaries of the payments, and the amount of the sums
to be paid, expressed in the Detaining Power’s currency. The said notification
shall be signed by the prisoners and countersigned by the camp commander.
The Detaining Power shall debit the prisoners’ account by a corresponding
amount; the sums thus debited shall be placed by it to the credit of the power on
which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully
consult the Model Regulations in Annex V of the present Convention.
ARTICLE 64
The Detaining Power shall hold an account for each prisoner of war,
showing at least the following:
(1) The amounts due to the prisoner or received by him as advances of
pay, as working pay or derived from any other source; the sums
in the currency of the Detaining Power which were taken from
him; the sums taken from him and converted at his request into
the currency of the said Power.
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(2) The payments made to the prisoner in cash, or in any other similar
form; the payments made on his behalf and at his request; the
sums transferred under Article 63, third paragraph.
ARTICLE 65
Every item entered in the account of a prisoner of war shall be
countersigned or initialled by him, or by the prisoners’ representative acting on
his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for
consulting and obtaining copies of their accounts, which may likewise be
inspected by the representatives of the Protecting Powers at the time of visits to
the camp.
When prisoners of war are transferred from one camp to another, their
personal accounts will follow them. In case of transfer from one Detaining
Power to another, the monies which are their property and are not in the
currency of the Detaining Power will follow them. They shall be given
certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at
specific intervals through the Protecting Power, the amount of the accounts of
the prisoners of war.
ARTICLE 66
On the termination of captivity, through the release of a prisoner of war or
his repatriation, the Detaining Power shall give him a statement, signed by an
authorized officer of that Power, showing the credit balance then due to him.
The Detaining Power shall also send through the Protecting Power to the
government upon which the prisoner of war depends, lists giving all appropriate
particulars of all prisoners of war whose captivity has been terminated by
repatriation, release, escape, death or any other means, and showing the amount
of their credit balances. Such lists shall be certified on each sheet by an
authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual
agreement between any two Parties to the conflict.
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The Power on which the prisoner of war depends shall be responsible for
settling with him any credit balance due to him from the Detaining Power on
the termination of his captivity.
ARTICLE 67
Advances of pay, issued to prisoners of war in conformity with Article 60,
shall be considered as made on behalf of the Power on which they depend. Such
advances of pay, as well as all payments made by the said Power under Article
63, third paragraph, and Article 68, shall form the subject of arrangements
between the Powers concerned, at the close of hostilities.
ARTICLE 68
Any claim by a prisoner of war for compensation in respect of any injury
or other disability arising out of work shall be referred to the Power on which he
depends, through the Protecting Power. In accordance with Article 54, the
Detaining Power will, in all cases, provide the prisoner of war concerned with a
statement showing the nature of the injury or disability, the circumstances in
which it arose and particulars of medical or hospital treatment given for it. This
statement will be signed by a responsible officer of the Detaining Power and the
medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal
effects monies or valuables impounded by the Detaining Power under Article 18
and not forthcoming on his repatriation, or in respect of loss alleged to be due to
the fault of the Detaining Power or any of its servants, shall likewise be referred
to the Power on which he depends. Nevertheless, any such personal effects
required for use by the prisoners of war whilst in captivity shall be replaced at
the expense of the Detaining Power. The Detaining Power will, in all cases,
provide the prisoner of war with a statement, signed by a responsible officer,
showing all available information regarding the reasons why such effects,
monies or valuables have not been restored to him. A copy of this statement will
be forwarded to the Power on which he depends through the Central Prisoners
of War Agency provided for in Article 123.
SECTION V.—RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
ARTICLE 69
Immediately upon prisoners of war falling into its power, the Detaining
Power shall inform them and the Powers on which they depend, through the
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Protecting Power, of the measures taken to carry out the provisions of the
present Section. They shall likewise inform the parties concerned of any
subsequent modifications of such measures.
ARTICLE 70
Immediately upon capture, or not more than one week after arrival at a
camp, even if it is a transit camp, likewise in case of sickness or transfer to
hospital or to another camp, every prisoner of war shall be enabled to write
direct to his family, on the one hand, and to the Central Prisoners of War
Agency provided for in Article 123, on the other hand, a card similar, if
possible, to the model annexed to the present Convention, informing his
relatives of his capture, address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed in any manner.
ARTICLE 71
Prisoners of war shall be allowed to send and receive letters and cards. If
the Detaining Power deems it necessary to limit the number of letters and cards
sent by each prisoner of war, the said number shall not be less than two letters
and four cards monthly, exclusive of the capture cards provided for in Article
70, and conforming as closely as possible to the models annexed to the present
Convention. Further limitations may be imposed only if the Protecting Power is
satisfied that it would be in the interests of the prisoners of war concerned to do
so owing to difficulties of translation caused by the Detaining Power’s inability
to find sufficient qualified linguists to carry out the necessary censorship. If
limitations must be placed on the correspondence addressed to prisoners of war,
they may be ordered only by the Power on which the prisoners depend, possibly
at the request of the Detaining Power. Such letters and cards must be conveyed
by the most rapid method at the disposal of the Detaining Power; they may not
be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are
unable to receive news from their next of kin or to give them news by the
ordinary postal route, as well as those who are at a great distance from their
homes, shall be permitted to send telegrams, the fees being charged against the
prisoners of war’s accounts with the Detaining Power or paid in the currency at
their disposal. They shall likewise benefit by this measure in cases of urgency.
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As a general rule, the correspondence of prisoners of war shall be written
in their native language. The Parties to the conflict may allow correspondence
in other languages.
Sacks containing prisoner of war mail must be securely sealed and labelled
so as clearly to indicate their contents, and must be addressed to offices of
destination.
ARTICLE 72
Prisoners of war shall be allowed to receive by post or by any other means
individual parcels or collective shipments containing, in particular, foodstuffs,
clothing, medical supplies and articles of a religious, educational or recreational
character which may meet their needs, including books, devotional articles,
scientific equipment, examination papers, musical instruments, sports outfits
and materials allowing prisoners of war to pursue their studies or their cultural
activities.
Such shipments shall in no way free the Detaining Power from the
obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those
proposed by the Protecting Power in the interest of the prisoners themselves, or
by the International Committee of the Red Cross or any other organization
giving assistance to the prisoners, in respect of their own shipments only, on
account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief
shall, if necessary, be the subject of special agreements between the Powers
concerned, which may in no case delay the receipt by the prisoners of relief
supplies. Books may not be included in parcels of clothing and foodstuffs.
Medical supplies shall, as a rule, be sent in collective parcels.
ARTICLE 73
In the absence of special agreements between the Powers concerned on the
conditions for the receipt and distribution of collective relief shipments, the
rules and regulations concerning collective shipments, which are annexed to the
present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right
of prisoners’ representatives to take possession of collective relief shipments
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intended for prisoners of war, to proceed to their distribution or to dispose of
them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the
Protecting Power, the International Committee of the Red Cross or any other
organization giving assistance to prisoners of war and responsible for the
forwarding of collective shipments, to supervise their distribution to the
recipients.
ARTICLE 74
All relief shipments for prisoners of war shall be exempt from import,
customs and other dues.
Correspondence, relief shipments and authorized remittances of money
addressed to prisoners of war or despatched by them through the post office,
either direct or through the Information Bureaux provided for in Article 122 and
the Central Prisoners of War Agency provided for in Article 123, shall be
exempt from any postal dues, both in the countries of origin and destination,
and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the
post office by reason of weight or for any other cause, the cost of transportation
shall be borne by the Detaining Power in all the territories under its control. The
other Powers party to the Convention shall bear the cost of transport in their
respective territories.
In the absence of special agreements between the Parties concerned, the
costs connected with transport of such shipments, other than costs covered by
the above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible,
the rates charged for telegrams sent by prisoners of war, or addressed to them.
ARTICLE 75
Should military operations prevent the Powers concerned from fulfilling
their obligation to assure the transport of the shipments referred to in Articles
70, 71, 72 and 77, the Protecting Powers concerned, the International
Committee of the Red Cross or any other organization duly approved by the
Parties to the conflict may undertake to ensure the conveyance of such
shipments by suitable means (railway wagons, motor vehicles, vessels or
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aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to
supply them with such transport and to allow its circulation, especially by
granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central
Information Agency referred to in Article 123 and the National
Bureaux referred to in Article 122;
(b) correspondence and reports relating to prisoners of war which the
Protecting Powers, the International Committee of the Red Cross
or any other body assisting the prisoners, exchange either with
their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the
conflict to arrange other means of transport, if it should so prefer, nor preclude
the granting of safe-conducts, under mutually agreed conditions, to such means
of transport.
In the absence of special agreements, the costs occasioned by the use of
such means of transport shall be borne proportionally by the Parties to the
conflict whose nationals are benefited thereby.
ARTICLE 76
The censoring of correspondence addressed to prisoners of war or
despatched by them shall be done as quickly as possible. Mail shall be censored
only by the despatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not
be carried out under conditions that will expose the goods contained in them to
deterioration; except in the case of written or printed matter, it shall be done in
the presence of the addressee, or of a fellow-prisoner duly delegated by him.
The delivery to prisoners of individual or collective consignments shall not be
delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either
for military or political reasons, shall be only temporary and its duration shall
be as short as possible.
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ARTICLE 77
The Detaining Powers shall provide all facilities for the transmission,
through the Protecting Power or the Central Prisoners of War Agency provided
for in Article 123, of instruments, papers or documents intended for prisoners of
war or despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such
documents on behalf of prisoners of war; in particular, they shall allow them to
consult a lawyer and shall take what measures are necessary for the
authentication of their signatures.
SECTION VI.—RELATIONS BETWEEN PRISONERS OF WAR AND THE
AUTHORITIES
CHAPTER I.—COMPLAINTS OF PRISONERS OF WAR RESPECTING THE
CONDITIONS OF CAPTIVITY
ARTICLE 78
Prisoners of war shall have the right to make known to the military
authorities in whose power they are, their requests regarding the conditions of
captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of
the Protecting Powers either through their prisoners’ representative or, if they
consider it necessary, direct, in order to draw their attention to any points on
which they may have complaints to make regarding their conditions of
captivity.
These requests and complaints shall not be limited nor considered to be a
part of the correspondence quota referred to in Article 71. They must be
transmitted immediately. Even if they are recognized to be unfounded, they may
not give rise to any punishment.
Prisoners’ representatives may send periodic reports on the situation in the
camps and the needs of the prisoners of war to the representatives of the
Protecting Powers.
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CHAPTER II.—PRISONER OF WAR REPRESENTATIVES
ARTICLE 79
In all places where there are prisoners of war, except in those where there
are officers, the prisoner shall freely elect by secret ballot, every six months,
and also in case of vacancies, prisoners’ representatives entrusted with
representing them before the military authorities, the Protecting Powers, the
International Committee of the Red Cross and any other organization which
may assist them. These prisoners’ representatives shall be eligible for
re-election.
In camps for officers and persons of equivalent status or in mixed camps,
the senior officer among the prisoners of war shall be recognized as the camp
prisoners’ representative. In camps for officers, he shall be assisted by one or
more advisers chosen by the officers; in mixed camps, his assistants shall be
chosen from among the prisoners of war who are not officers and shall be
elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour
camps for prisoners of war, for the purpose of carrying out the camp
administration duties for which the prisoners of war are responsible. These
officers may be elected as prisoners’ representatives under the first paragraph of
this Article. In such a case the assistants to the prisoners’ representatives shall
be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power
before he has the right to commence his duties. Where the Detaining Power
refuses to approve a prisoner of war elected by his fellow prisoners of war, it
must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners’ representative must have the same nationality,
language and customs as the prisoners of war whom he represents. Thus,
prisoners of war distributed in different sections of a camp, according to their
nationality, language or customs, shall have for each section their own
prisoners’ representative, in accordance with the foregoing paragraphs.
ARTICLE 80
Prisoners’ representatives shall further the physical, spiritual and
intellectual well-being of prisoners of war.
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In particular, where the prisoners decide to organize amongst themselves a
system of mutual assistance, this organization will be within the province of the
prisoners’ representative, in addition to the special duties entrusted to him by
other provisions of the present Convention.
Prisoners’ representatives shall not be held responsible, simply by reason
of their duties, for any offences committed by prisoners of war.
ARTICLE 81
Prisoners’ representatives shall not be required to perform any other work,
if the accomplishment of their duties is thereby made more difficult.
Prisoners’ representatives may appoint from amongst the prisoners such
assistants as they may require. All material facilities shall be granted them,
particularly a certain freedom of movement necessary for the accomplishment
of their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners’ representatives shall be permitted to visit premises where
prisoners of war are detained, and every prisoner of war shall have the right to
consult freely his prisoners’ representative.
All facilities shall likewise be accorded to the prisoners’ representatives for
communication by post and telegraph with the detaining authorities, the
Protecting Powers, the International Committee of the Red Cross and their
delegates, the Mixed Medical Commissions and the bodies which give
assistance to prisoners of war. Prisoners’ representatives of labour detachments
shall enjoy the same facilities for communication with the prisoners’
representatives of the principal camp. Such communications shall not be
restricted, nor considered as forming a part of the quota mentioned in Article
71.
Prisoners’ representatives who are transferred shall be allowed a
reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the
Protecting Power.
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CHAPTER III.—PENAL AND DISCIPLINARY SANCTIONS
I. General Provisions
ARTICLE 82
A prisoner of war shall be subject to the laws, regulations and orders in
force in the armed forces of the Detaining Power; the Detaining Power shall be
justified in taking judicial or disciplinary measures in respect of any offence
committed by a prisoner of war against such laws, regulations or orders.
However, no proceedings or punishments contrary to the provisions of this
Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts
committed by a prisoner of war to be punishable, whereas the same acts would
not be punishable if committed by a member of the forces of the Detaining
Power, such acts shall entail disciplinary punishments only.
ARTICLE 83
In deciding whether proceedings in respect of an offence alleged to have
been committed by a prisoner of war shall be judicial or disciplinary, the
Detaining Power shall ensure that the competent authorities exercise the
greatest leniency and adopt, wherever possible, disciplinary rather than judicial
measures.
ARTICLE 84
A prisoner of war shall be tried only by a military court, unless the existing
laws of the Detaining Power expressly permit the civil courts to try a member of
the armed forces of the Detaining Power in respect of the particular offence
alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of
any kind which does not offer the essential guarantees of independence and
impartiality as generally recognized, and, in particular, the procedure of which
does not afford the accused the rights and means of defence provided for in
Article 105.
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ARTICLE 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts
committed prior to capture shall retain, even if convicted, the benefits of the
present Convention.
ARTICLE 86
No prisoner of war may be punished more than once for the same act or on
the same charge.
ARTICLE 87
Prisoners of war may not be sentenced by the military authorities and
courts of the Detaining Power to any penalities except those provided for in
respect of members of the armed forces of the said Power who have committed
the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power
shall take into consideration, to the widest extent possible, the fact that the
accused, not being a national of the Detaining Power, is not bound to it by any
duty of allegiance, and that he is in its power as the result of circumstances
independent of his own will. The said courts or authorities shall be at liberty to
reduce the penalty provided for the violation of which the prisoner of war is
accused, and shall therefore not be bound to apply the minimum penalty
prescribed.
Collective punishment for individual acts, corporal punishment,
imprisonment in premises without daylight and, in general, any form of torture
or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or
prevented from wearing his badges.
ARTICLE 88
Officers, non-commissioned officers and men who are prisoners of war
undergoing a disciplinary or judicial punishment, shall not be subjected to more
severe treatment than that applied in respect of the same punishment to
members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment more
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severely, than a woman member of the armed forces of the Detaining Power
dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment more
severely, than a male member of the armed forces of the Detaining Power dealt
with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may
not be treated differently from other prisoners of war.
II. Disciplinary Sanctions
ARTICLE 89
The disciplinary punishments applicable to prisoners of war are the
following:
(1) A fine which shall not exceed 50 per cent of the advances of pay and
working pay which the prisoner of war would otherwise receive
under the provisions of Articles 60 and 62 during a period of not
more than thirty days.
(2) Discontinuance of privileges granted over and above the treatment
provided for by the present Convention.
(3) Fatigue duties not exceeding two hours daily.
(4) Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous
to the health of prisoners of war.
ARTICLE 90
The duration of any single punishment shall in no case exceed thirty days.
Any period of confinement awaiting the hearing of a disciplinary offence or the
award of disciplinary punishment shall be deducted from an award pronounced
against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if
the prisoner of war is answerable for several acts at the same time when he is
awarded punishment, whether such acts are related or not.
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The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a
period of at least three days shall elapse between the execution of any two of the
punishments, if the duration of one of these is ten days or more.
ARTICLE 91
The escape of a prisoner of war shall be deemed to have succeeded when:
(1) he has joined the armed forces of the Power on which he depends, or
those of an allied Power;
(2) he has left the territory under the control of the Detaining Power, or
of an ally of the said Power;
(3) he has joined a ship flying the flag of the Power on which he
depends, or of an allied Power, in the territorial waters of the
Detaining Power, the said ship not being under the control of the
last named Power.
Prisoners of war who have made good their escape in the sense of this
Article and who are recaptured, shall not be liable to any punishment in respect
of their previous escape.
ARTICLE 92
A prisoner of war who attempts to escape and is recaptured before having
made good his escape in the sense of Article 91 shall be liable only to a
disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to
the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a
result of an unsuccessful escape may be subjected to special surveillance. Such
surveillance must not affect the state of their health, must be undergone in a
prisoner of war camp, and must not entail the suppression of any of the
safeguards granted them by the present Convention.
ARTICLE 93
Escape or attempt to escape, even if it is a repeated offence, shall not be
deemed an aggravating circumstance if the prisoner of war is subjected to trial
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by judicial proceedings in respect of an offence committed during his escape or
attempt to escape.
In conformity with the principle stated in Article 83, offences committed
by prisoners of war with the sole intention of facilitating their escape and which
do not entail any violence against life or limb, such as offences against public
property, theft without intention of self-enrichment, the drawing up or use of
false papers, or the wearing of civilian clothing, shall occasion disciplinary
punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be
liable on this count to disciplinary punishment only.
ARTICLE 94
If an escaped prisoner of war is recaptured, the Power on which he depends
shall be notified thereof in the manner defined in Article 122, provided
notification of his escape has been made.
ARTICLE 95
A prisoner of war accused of an offence against discipline shall not be kept
in confinement pending the hearing unless a member of the armed forces of the
Detaining Power would be so kept if he were accused of a similar offence, or if
it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal
of an offence against discipline shall be reduced to an absolute minimum and
shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to
prisoners of war who are in confinement awaiting the disposal of offences
against discipline.
ARTICLE 96
Acts which constitute offences against discipline shall be investigated
immediately.
Without prejudice to the competence of courts and superior military
authorities, disciplinary punishment may be ordered only by an officer having
disciplinary powers in his capacity as camp commander, or by a responsible
officer who replaces him or to whom he has delegated his disciplinary powers.
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In no case may such powers be delegated to a prisoner of war or be
exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given
precise information regarding the offences of which he is accused, and given an
opportunity of explaining his conduct and of defending himself. He shall be
permitted, in particular, to call witnesses and to have recourse, if necessary, to
the services of a qualified interpreter. The decision shall be announced to the
accused prisoner of war and to the prisoners’ representative.
A record of disciplinary punishments shall be maintained by the camp
commander and shall be open to inspection by representatives of the Protecting
Power.
ARTICLE 97
Prisoners of war shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to undergo
disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall
conform to the sanitary requirements set forth in Article 25. A prisoner of war
undergoing punishment shall be enabled to keep himself in a state of
cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same
quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be
confined in separate quarters from male prisoners of war and shall be under the
immediate supervision of women.
ARTICLE 98
A prisoner of war undergoing confinement as a disciplinary punishment,
shall continue to enjoy the benefits of the provisions of this Convention except
in so far as these are necessarily rendered inapplicable by the mere fact that he
is confined. In no case may he be deprived of the benefits of the provisions of
Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of
the prerogatives attached to his rank.
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Prisoners of war awarded disciplinary punishment shall be allowed to
exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical
inspections. They shall receive the attention which their state of health requires
and, if necessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive
letters. Parcels and remittances of money however, may be withheld from them
until the completion of the punishment; they shall meanwhile be entrusted to the
prisoners’ representative, who will hand over to the infirmary the perishable
goods contained in such parcels.
III. Judicial Proceedings
ARTICLE 99
No prisoner of war may be tried or sentenced for an act which is not
forbidden by the law of the Detaining Power or by international law, in force at
the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order
to induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to
present his defence and the assistance of a qualified advocate or counsel.
ARTICLE 100
Prisoners of war and the Protecting Powers shall be informed as soon as
possible of the offences which are punishable by the death sentence under the
laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty
without the concurrence of the Power upon which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the
attention of the court has, in accordance with Article 87, second paragraph, been
particularly called to the fact that since the accused is not a national of the
Detaining Power, he is not bound to it by any duty of allegiance, and that he is
in its power as the result of circumstances independent of his own will.
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ARTICLE 101
If the death penalty is pronounced on a prisoner of war, the sentence shall
not be executed before the expiration of a period of at least six months from the
date when the Protecting Power receives, at an indicated address, the detailed
communication provided for in Article 107.
ARTICLE 102
A prisoner of war can be validly sentenced only if the sentence has been
pronounced by the same courts according to the same procedure as in the case
of members of the armed forces of the Detaining Power, and if, furthermore, the
provisions of the present Chapter have been observed.
ARTICLE 103
Judicial investigations relating to a prisoner of war shall be conducted as
rapidly as circumstances permit and so that his trial shall take place as soon as
possible. A prisoner of war shall not be confined while awaiting trial unless a
member of the armed forces of the Detaining Power would be so confined if he
were accused of a similar offence, or if it is essential to do so in the interests of
national security. In no circumstances shall this confinement exceed three
months.
Any period spent by a prisoner of war in confinement awaiting trial shall
be deducted from any sentence of imprisonment passed upon him and taken into
account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a
prisoner of war whilst in confinement awaiting trial.
ARTICLE 104
In any case in which the Detaining Power has decided to institute judicial
proceedings against a prisoner of war, it shall notify the Protecting Power as
soon as possible and at least three weeks before the opening of the trial. This
period of three weeks shall run as from the day on which such notification
reaches the Protecting Power at the address previously indicated by the latter to
the Detaining Power.
The said notification shall contain the following information:
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(1) Surname and first names of the prisoner of war, his rank, his army,
regimental, personal or serial number, his date of birth, and his
profession or trade, if any;
(2) Place of internment or confinement;
(3) Specification of the charge or charges on which the prisoner of war
is to be arraigned, giving the legal provisions applicable;
(4) Designation of the court which will try the case, likewise the date
and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to the
prisoners’ representative.
If no evidence is submitted, at the opening of a trial, that the notification
referred to above was received by the Protecting Power, by the prisoner of war
and by the prisoners’ representative concerned, at least three weeks before the
opening of the trial, then the latter cannot take place and must be adjourned.
ARTICLE 105
The prisoner of war shall be entitled to assistance by one of his prisoner
comrades, to defence by a qualified advocate or counsel of his own choice, to
the calling of witnesses and, if he deems necessary, to the services of a
competent interpreter. He shall be advised of these rights by the Detaining
Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him
an advocate or counsel, and shall have at least one week at its disposal for the
purpose. The Detaining Power shall deliver to the said Power, on request, a list
of persons qualified to present the defence. Failing a choice of an advocate or
counsel by the prisoner of war or the Protecting Power, the Detaining Power
shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner
of war shall have at his disposal a period of two weeks at least before the
opening of the trial, as well as the necessary facilities to prepare the defence of
the accused. He may, in particular, freely visit the accused and interview him in
private. He may also confer with any witnesses for the defence, including
prisoners of war. He shall have the benefit of these facilities until the term of
appeal or petition has expired.
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Particulars of the charge or charges on which the prisoner of war is to be
arraigned, as well as the documents which are generally communicated to the
accused by virtue of the laws in force in the armed forces of the Detaining
Power, shall be communicated to the accused prisoner of war in a language
which he understands, and in good time before the opening of the trial. The
same communication in the same circumstances shall be made to the advocate
or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the
trial of the case, unless, exceptionally, this is held in camera in the interest of
State security. In such a case the Detaining Power shall advise the Protecting
Power accordingly.
ARTICLE 106
Every prisoner of war shall have, in the same manner as the members of
the armed forces of the Detaining Power, the right of appeal or petition from
any sentence pronounced upon him, with a view to the quashing or revising of
the sentence or the reopening of the trial. He shall be fully informed of his right
to appeal or petition and of the time limit within which he may do so.
ARTICLE 107
Any judgment and sentence pronounced upon a prisoner of war shall be
immediately reported to the Protecting Power in the form of a summary
communication, which shall also indicate whether he has the right of appeal
with a view to the quashing of the sentence or the reopening of the trial. This
communication shall likewise be sent to the prisoners’ representative
concerned. It shall also be sent to the accused prisoner of war in a language he
understands, if the sentence was not pronounced in his presence. The Detaining
Power shall also immediately communicate to the Protecting Power the decision
of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence
pronounced on a prisoner of war in the first instance is a death sentence, the
Detaining Power shall as soon as possible address to the Protecting Power a
detailed communication containing:
(1) the precise wording of the finding and sentence;
(2) a summarized report of any preliminary investigation and of the trial,
emphasising in particular the elements of the prosecution and the
defence;
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(3) notification, where applicable, of the establishment where the
sentence will be served.
The communications provided for in the foregoing sub-paragraphs shall be
sent to the Protecting Power at the address previously made known to the
Detaining Power.
ARTICLE 108
Sentences pronounced on prisoners of war after a conviction has become
duly enforceable, shall be served in the same establishments and under the same
conditions as in the case of members of the armed forces of the Detaining
Power. These conditions shall in all cases conform to the requirements of health
and humanity.
A woman prisoner of war on whom such a sentence has been pronounced
shall be confined in separate quarters and shall be under the supervision of
women.
In any case, prisoners of war sentenced to a penalty depriving them of their
liberty shall retain the benefit of the provisions of Articles 78 and 126 of the
present Convention. Furthermore, they shall be entitled to receive and despatch
correspondence, to receive at least one relief parcel monthly, to take regular
exercise in the open air, to have the medical care required by their state of
health, and the spiritual assistance they may desire. Penalties to which they may
be subjected shall be in accordance with the provisions of Article 87, third
paragraph.
PART IV.—TERMINATION OF CAPTIVITY
SECTION I.—DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL
COUNTRIES
ARTICLE 109
Subject to the provisions of the third paragraph of this Article, Parties to
the conflict are bound to send back to their own country, regardless of number
or rank, seriously wounded and seriously sick prisoners of war, after having
cared for them until they are fit to travel, in accordance with the first paragraph
of the following Article.
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Throughout the duration of hostilities, Parties to the conflict shall
endeavour, with the cooperation of the neutral Powers concerned, to make
arrangements for the accommodation in neutral countries of the sick and
wounded prisoners of war referred to in the second paragraph of the following
Article. They may, in addition, conclude agreements with a view to the direct
repatriation or internment in a neutral country of able-bodied prisoners of war
who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the
first paragraph of this Article, may be repatriated against his will during
hostilities.
ARTICLE 110
The following shall be repatriated direct:
(1) Incurably wounded and sick whose mental or physical fitness seems
to have been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are not likely
to recover within one year, whose condition requires treatment
and whose mental or physical fitness seems to have been gravely
diminished.
(3) Wounded and sick who have recovered, but whose mental or
physical fitness seems to have been gravely and permanently
diminished.
The following may be accommodated in a neutral country:
(1) Wounded and sick whose recovery may be expected within one year
of the date of the wound or the beginning of the illness, if
treatment in a neutral country might increase the prospects of a
more certain and speedy recovery.
(2) Prisoners of war whose mental or physical health, according to
medical opinion, is seriously threatened by continued captivity,
but whose accommodation in a neutral country might remove
such a threat.
The conditions which prisoners of war accommodated in a neutral country
must fulfil in order to permit their repatriation shall be fixed, as shall likewise
their status, by agreement between the Powers concerned. In general, prisoners
of war who have been accommodated in a neutral country, and who belong to
the following categories, should be repatriated:
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(1) Those whose state of health has deteriorated so as to fulfil the
conditions laid down for direct repatriation;
(2) Those whose mental or physical powers remain, even after
treatment, considerably impaired.
If no special agreements are concluded between the Parties to the conflict
concerned, to determine the cases of disablement or sickness entailing direct
repatriation or accommodation in a neutral country, such cases shall be settled
in accordance with the principles laid down in the Model Agreement concerning
direct repatriation and accommodation in neutral countries of wounded and sick
prisoners of war and in the Regulations concerning Mixed Medical
Commissions annexed to the present Convention.
ARTICLE 111
The Detaining Power, the Power on which the prisoners of war depend,
and a neutral Power agreed upon by these two Powers, shall endeavour to
conclude agreements which will enable prisoners of war to be interned in the
territory of the said neutral Power until the close of hostilities.
ARTICLE 112
Upon the outbreak of hostilities, Mixed Medical Commissions shall be
appointed to examine sick and wounded prisoners of war, and to make all
appropriate decisions regarding them. The appointment, duties and functioning
of these Commissions shall be in conformity with the provisions of the
Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of
the Detaining Power, are manifestly seriously injured or seriously sick, may be
repatriated without having to be examined by a Mixed Medical Commission.
ARTICLE 113
Besides those who are designated by the medical authorities of the
Detaining Power, wounded or sick prisoners of war belonging to the categories
listed below shall be entitled to present themselves for examination by the
Mixed Medical Commissions provided for in the foregoing Article:
(1) Wounded and sick proposed by a physician or surgeon who is of the
same nationality, or a national of a Party to the conflict allied
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with the Power on which the said prisoners depend, and who
exercises his functions in the camp.
(2) Wounded and sick proposed by their prisoners’ representative.
(3) Wounded and sick proposed by the Power on which they depend, or
by an organization duly recognized by the said Power and giving
assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing categories
may nevertheless present themselves for examination by Mixed Medical
Commissions, but shall be examined only after those belonging to the said
categories.
The physician or surgeon of the same nationality as the prisoners who
present themselves for examination by the Mixed Medical Commission,
likewise the prisoners’ representative of the said prisoners, shall have
permission to be present at the examination.
ARTICLE 114
Prisoners of war who meet with accidents shall, unless the injury is
self-inflicted, have the benefit of the provisions of this Convention as regards
repatriation or accommodation in a neutral country.
ARTICLE 115
No prisoner of war on whom a disciplinary punishment has been imposed
and who is eligible for repatriation or for accommodation in a neutral country,
may be kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or
conviction and who are designated for repatriation or accommodation in a
neutral country, may benefit by such measures before the end of the
proceedings or the completion of the punishment, if the Detaining Power
consents.
Parties to the conflict shall communicate to each other the names of those
who will be detained until the end of the proceedings or the completion of the
punishment.
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ARTICLE 116
The costs of repatriating prisoners of war or of transporting them to a
neutral country shall be borne, from the frontiers of the Detaining Power, by the
Power on which the said prisoners depend.
ARTICLE 117
No repatriated person may be employed on active military service.
SECTION II.—RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE
CLOSE OF HOSTILITIES
ARTICLE 118
Prisoners of war shall be released and repatriated without delay after the
cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement
concluded between the Parties to the conflict with a view to the cessation of
hostilities, or failing any such agreement, each of the Detaining Powers shall
itself establish and execute without delay a plan of repatriation in conformity
with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of
the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably
apportioned between the Detaining Power and the Power on which the prisoners
depend. This apportionment shall be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners
of war depend shall bear the costs of repatriation from the
frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear
the costs of transport of prisoners of war over its own territory as
far as its frontier or its port of embarkation nearest to the territory
of the Power on which the prisoners of war depend. The Parties
concerned shall agree between themselves as to the equitable
apportionment of the remaining costs of the repatriation. The
conclusion of this agreement shall in no circumstances justify any
delay in the repatriation of the prisoners of war.
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ARTICLE 119
Repatriation shall be effected in conditions similar to those laid down in
Articles 46 to 48 inclusive of the present Convention for the transfer of
prisoners of war, having regard to the provisions of Article 118 and to those of
the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war
under Article 18, and any foreign currency which has not been converted into
the currency of the Detaining Power, shall be restored to them. Articles of value
and foreign currency which, for any reason whatever, are not restored to
prisoners of war on repatriation, shall be despatched to the Information Bureau
set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects,
and any correspondence and parcels which have arrived for them. The weight of
such baggage may be limited, if the conditions of repatriation so require, to
what each prisoner can reasonably carry. Each prisoner shall in all cases be
authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the
charge of the Detaining Power which shall have them forwarded to him as soon
as it has concluded an agreement to this effect, regulating the conditions of
transport and the payment of the costs involved, with the Power on which the
prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable
offence are pending may be detained until the end of such proceedings, and, if
necessary, until the completion of the punishment. The same shall apply to
prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any
prisoners of war who are detained until the end of the proceedings or until
punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be
established for the purpose of searching for dispersed prisoners of war and of
assuring their repatriation with the least possible delay.
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SECTION III.—DEATH OF PRISONERS OF WAR
ARTICLE 120
Wills of prisoners of war shall be drawn up so as to satisfy the conditions
of validity required by the legislation of their country of origin, which will take
steps to inform the Detaining Power of its requirements in this respect. At the
request of the prisoner of war and, in all cases, after death, the will shall be
transmitted without delay to the Protecting Power; a certified copy shall be sent
to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists
certified by a responsible officer, of all persons who die as prisoners of war
shall be forwarded as rapidly as possible to the Prisoner of War Information
Bureau established in accordance with Article 122. The death certificates or
certified lists shall show particulars of identity as set out in the third paragraph
of Article 17, and also the date and place of death, the cause of death, the date
and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical
examination of the body with a view to confirming death and enabling a report
to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died
in captivity are honourably buried, if possible according to the rites of the
religion to which they belonged, and that their graves are respected, suitably
maintained and marked so as to be found at any time. Wherever possible,
deceased prisoners of war who depended on the same Power shall be interred in
the same place.
Deceased prisoners of war shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves. Bodies may be
cremated only for imperative reasons of hygiene, on account of the religion of
the deceased or in accordance with his express wish to this effect. In case of
cremation, the fact shall be stated and the reasons given in the death certificate
of the deceased.
In order that graves may always be found, all particulars of burials and
graves shall be recorded with a Graves Registration Service established by the
Detaining Power. Lists of graves and particulars of the prisoners of war interred
in cemeteries and elsewhere shall be transmitted to the Power on which such
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prisoners of war depended. Responsibility for the care of these graves and for
records of any subsequent moves of the bodies shall rest on the Power
controlling the territory, if a Party to the present Convention. These provisions
shall also apply to the ashes, which shall be kept by the Graves Registration
Service until proper disposal thereof in accordance with the wishes of the home
country.
ARTICLE 121
Every death or serious injury of a prisoner of war caused or suspected to
have been caused by a sentry, another prisoner of war, or any other person, as
well as any death the cause of which is unknown, shall be immediately followed
by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the
Protecting Power. Statements shall be taken from witnesses, especially from
those who are prisoners of war, and a report including such statements shall be
forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining
Power shall take all measures for the prosecution of the person or persons
responsible.
PART V.—INFORMATION BUREAUX AND RELIEF SOCIETIES FOR
PRISONERS OF WAR
ARTICLE 122
Upon the outbreak of a conflict and in all cases of occupation, each of the
Parties to the conflict shall institute an official Information Bureau for prisoners
of war who are in its power. Neutral or non-belligerent Powers who may have
received within their territory persons belonging to one of the categories
referred to in Article 4, shall take the same action with respect to such persons.
The Power concerned shall ensure that the Prisoners of War Information Bureau
is provided with the necessary accommodation, equipment and staff to ensure
its efficient working. It shall be at liberty to employ prisoners of war in such a
Bureau under the conditions laid down in the Section of the present Convention
dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall
give its Bureau the information referred to in the fourth, fifth and sixth
paragraphs of this Article regarding any enemy person belonging to one of the
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categories referred to in Article 4, who has fallen into its power. Neutral or
non-belligerent Powers shall take the same action with regard to persons
belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid
means to the Powers concerned, through the intermediary of the Protecting
Powers and likewise of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin
concerned. Subject to the provisions of Article 17, the information shall include,
in so far as available to the Information Bureau, in respect of each prisoner of
war, his surname, first names, rank, army, regimental, personal or serial
number, place and full date of birth, indication of the Power on which he
depends, first name of the father and maiden name of the mother, name and
address of the person to be informed and the address to which correspondence
for the prisoner may be sent.
The Information Bureau shall receive from the various departments
concerned information regarding transfers, releases, repatriations, escapes,
admissions to hospital, and deaths, and shall transmit such information in the
manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who
are seriously ill or seriously wounded shall be supplied regularly, every week if
possible.
The Information Bureau shall also be responsible for replying to all
enquiries sent to it concerning prisoners of war, including those who have died
in captivity; it will make any enquiries necessary to obtain the information
which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by
a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all
personal valuables, including sums in currencies other than that of the Detaining
Power and documents of importance to the next of kin, left by prisoners of war
who have been repatriated or released, or who have escaped or died, and shall
forward the said valuables to the Powers concerned. Such articles shall be sent
by the Bureau in sealed packets which shall be accompanied by statements
giving clear and full particulars of the identity of the person to whom the
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articles belonged, and by a complete list of the contents of the parcel. Other
personal effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict concerned.
ARTICLE 123
A Central Prisoners of War Information Agency shall be created in a
neutral country. The International Committee of the Red Cross shall, if it deems
necessary, propose to the Powers concerned the organization of such an
Agency.
The function of the Agency shall be to collect all the information it may
obtain through official or private channels respecting prisoners of war, and to
transmit it as rapidly as possible to the country of origin of the prisoners of war
or to the Power on which they depend. It shall receive from the Parties to the
conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals
benefit by the services of the Central Agency, are requested to give the said
Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the
humanitarian activities of the International Committee of the Red Cross, or of
the relief societies provided for in Article 125.
ARTICLE 124
The national Information Bureaux and the Central Information Agency
shall enjoy free postage for mail, likewise all the exemptions provided for in
Article 74, and further, so far as possible, exemption from telegraphic charges
or, at least, greatly reduced rates.
ARTICLE 125
Subject to the measures which the Detaining Powers may consider
essential to ensure their security or to meet any other reasonable need, the
representatives of religious organizations, relief societies, or any other
organization assisting prisoners of war, shall receive from the said Powers, for
themselves and their duly accredited agents, all necessary facilities for visiting
the prisoners, for distributing relief supplies and material, from any source,
intended for religious, educational or recreative purposes, and for assisting them
in organizing their leisure time within the camps. Such societies or
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organizations may be constituted in the territory of the Detaining Power or in
any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations
whose delegates are allowed to carry out their activities in its territory and under
its supervision, on condition, however, that such limitation shall not hinder the
effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in
this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned
purposes are handed over to prisoners of war, or very shortly afterwards,
receipts for each consignment, signed by the prisoners’ representative, shall be
forwarded to the relief society or organization making the shipment. At the
same time, receipts for these consignments shall be supplied by the
administrative authorities responsible for guarding the prisoners.
PART VI.—EXECUTION OF THE CONVENTION
SECTION I.—GENERAL PROVISIONS
ARTICLE 126
Representatives or delegates of the Protecting Powers shall have
permission to go to all places where prisoners of war may be, particularly to
places of internment, imprisonment and labour, and shall have access to all
premises occupied by prisoners of war; they shall also be allowed to go to the
places of departure, passage and arrival of prisoners who are being transferred.
They shall be able to interview the prisoners, and in particular the prisoners’
representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full
liberty to select the places they wish to visit. The duration and frequency of
these visits shall not be restricted. Visits may not be prohibited except for
reasons of imperative military necessity, and then only as an exceptional and
temporary measure.
The Detaining Power and the Power on which the said prisoners of war
depend may agree, if necessary, that compatriots of these prisoners of war be
permitted to participate in the visits.
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The delegates of the International Committee of the Red Cross shall enjoy
the same prerogatives. The appointment of such delegates shall be submitted to
the approval of the Power detaining the prisoners of war to be visited.
ARTICLE 127
The High Contracting Parties undertake, in time of peace as in time of war,
to disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to all their armed forces and to the entire
population.
Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the text of the
Convention and be specially instructed as to its provisions.
ARTICLE 128
The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the laws
and regulations which they may adopt to ensure the application thereof.
ARTICLE 129
The High Contracting Parties undertake to enact any legislation necessary
to provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed, such
grave breaches, and shall bring such persons, regardless of their nationality,
before its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has
made out a prima facie case.
Each High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present Convention
other than the grave breaches defined in the following Article.
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In all circumstances, the accused persons shall benefit by safeguards of
proper trial and defence, which shall not be less favourable than those provided
by Article 105 and those following of the present Convention.
ARTICLE 130
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great suffering or serious
injury to body or health, compelling a prisoner of war to serve in the forces of
the hostile Power, or wilfully depriving a prisoner of war of the rights of fair
and regular trial prescribed in this Convention.
ARTICLE 131
No High Contracting Party shall be allowed to absolve itself or any other
High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.
ARTICLE 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the
enquiry, the Parties should agree on the choice of an umpire who will decide
upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put
an end to it and shall repress it with the least possible delay.
SECTION II.—FINAL PROVISIONS
ARTICLE 133
The present Convention is established in English and in French. Both texts
are equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
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ARTICLE 134
The present Convention replaces the Convention of July 27, 1929, in
relations between the High Contracting Parties.
ARTICLE 135
In the relations between the Powers which are bound by the Hague
Convention respecting the Laws and Customs of War on Land, whether that of
July 29, 1899, or that of October 18, 1907, and which are parties to the present
Convention, this last Convention shall be complementary to Chapter II of the
Regulations annexed to the above-mentioned Conventions of the Hague.
ARTICLE 136
The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers represented at the
conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not represented at that Conference, but which are parties to the Convention of
July 27, 1929.
ARTICLE 137
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
ARTICLE 138
The present Convention shall come into force six months after not less than
two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months after the deposit of the instrument of ratification.
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ARTICLE 139
From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ARTICLE 140
Accessions shall be notified in writing to the Swiss Federal Council, and
shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the
Powers in whose name the Convention has been signed, or whose accession has
been notified.
ARTICLE 141
The situations provided for in Articles 2 and 3 shall give immediate effect
to ratifications deposited and accessions notified by the Parties to the conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
ARTICLE 142
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof
has been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a conflict shall not take effect until peace has been concluded, and until after
operations connected with release and repatriation of the persons protected by
the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing
Power. It shall in no way impair the obligations which the Parties to the conflict
shall remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the laws
of humanity and the dictates of the public conscience.
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ARTICLE 143
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and
French languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof
to each of the signatory and acceding States.
[Here follow the signatures and Annexes.]
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Schedule 4—Geneva Convention Relative to
the Protection of Civilian Persons in
Time of War of August 12, 1949 Section 5
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the purpose of establishing a Convention for the Protection of Civilian Persons
in Time of War, have agreed as follows:
PART I.—GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.
ARTICLE 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation
to the said Power, if the latter accepts and applies the provisions thereof.
ARTICLE 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed
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hors de combat by sickness, wounds, detention, or any other
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the
above-mentioned persons:
(a) violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular
humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of
executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of
the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
ARTICLE 4
Persons protected by the Convention are those who, at a given moment and
in any manner whatsoever, find themselves, in case of a conflict or occupation,
in the hands of a Party to the conflict or Occupying Power of which they are not
nationals.
Nationals of a State which is not bound by the Convention are not
protected by it. Nationals of a neutral State who find themselves in the territory
of a belligerent State, and nationals of a co-belligerent State, shall not be
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regarded as protected persons while the State of which they are nationals has
normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in
Article 13.
Persons protected by the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12,
1949, or by the Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August
12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949, shall not be considered as protected persons within the
meaning of the present Convention.
ARTICLE 5
Where, in the territory of a Party to the conflict, the latter is satisfied that
an individual protected person is definitely suspected of or engaged in activities
hostile to the security of the State, such individual person shall not be entitled to
claim such rights and privileges under the present Convention as would, if
exercised in the favour of such individual person, be prejudicial to the security
of such State.
Where in occupied territory an individual protected person is detained as a
spy or saboteur, or as a person under definite suspicion of activity hostile to the
security of the Occupying Power, such person shall, in those cases where
absolute military security so requires, be regarded as having forfeited rights of
communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and
in case of trial, shall not be deprived of the rights of fair and regular trial
prescribed by the present Convention. They shall also be granted the full rights
and privileges of a protected person under the present Convention at the earliest
date consistent with the security of the State or Occupying Power, as the case
may be.
ARTICLE 6
The present Convention shall apply from the outset of any conflict or
occupation mentioned in Article 2.
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In the territory of Parties to the conflict, the application of the present
Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention
shall cease one year after the general close of military operations; however, the
Occupying Power shall be bound, for the duration of the occupation, to the
extent that such Power exercises the functions of government in such territory,
by the provisions of the following Articles of the present Convention: 1 to 12,
27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establishment may take
place after such dates shall meanwhile continue to benefit by the present
Convention.
ARTICLE 7
In addition to the agreements expressly provided for in Articles 11, 14, 15,
17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude
other special agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall adversely affect
the situation of protected persons, as defined by the present Convention, nor
restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as
long as the Convention is applicable to them, except where express provisions
to the contrary are contained in the aforesaid or in subsequent agreements, or
where more favourable measures have been taken with regard to them by one or
other of the Parties to the conflict.
ARTICLE 8
Protected persons may in no circumstances renounce in part or in entirety
the rights secured to them by the present Convention, and by the special
agreements referred to in the foregoing Article, if such there be.
ARTICLE 9
The present Convention shall be applied with the cooperation and under
the scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst
their own nationals or the nationals of other neutral Powers. The said delegates
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shall be subject to the approval of the Power with which they are to carry out
their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the
task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case exceed their mission under the present Convention. They shall, in
particular, take account of the imperative necessities of security of the State
wherein they carry out their duties.
ARTICLE 10
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of the
Parties to the conflict concerned, undertake for the protection of civilian persons
and for their relief.
ARTICLE 11
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not benefit or cease
to benefit, no matter for what reason, by the activities of a Protecting Power or
of an organization provided for in the first paragraph above, the Detaining
Power shall request a neutral State, or such an organization, to undertake the
functions performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
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assurances that it is in a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted, even temporarily, in its
freedom to negotiate with the other Power or its allies by reason of military
events, more particularly where the whole, or a substantial part, of the territory
of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting
Power, such mention applies to substitute organizations in the sense of the
present Article.
The provisions of this Article shall extend and be adapted to cases of
nationals of a neutral State who are in occupied territory or who find themselves
in the territory of a belligerent State in which the State of which they are
nationals has not normal diplomatic representation.
ARTICLE 12
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, and in particular of the authorities responsible
for protected persons, possibly on neutral territory suitably chosen. The Parties
to the conflict shall be bound to give effect to the proposals made to them for
this purpose. The Protecting Powers may, if necessary, propose for approval by
the Parties to the conflict, a person belonging to a neutral Power or delegated by
the International Committee of the Red Cross, who shall be invited to take part
in such a meeting.
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PART II.—GENERAL PROTECTION OF POPULATIONS AGAINST
CERTAIN CONSEQUENCES OF WAR
ARTICLE 13
The provisions of Part II cover the whole of the populations of the
countries in conflict, without any adverse distinction based, in particular, on
race, nationality, religion or political opinion, and are intended to alleviate the
sufferings caused by war.
ARTICLE 14
In time of peace, the High Contracting Parties and, after the outbreak of
hostilities, the Parties thereto, may establish in their own territory and, if the
need arises, in occupied areas, hospital and safety zones and localities so
organized as to protect from the effects of war, wounded, sick and aged persons,
children under fifteen, expectant-mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties
concerned may conclude agreements on mutual recognition of the zones and
localities they have created. They may for this purpose implement the
provisions of the Draft Agreement annexed to the present Convention, with
such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross
are invited to lend their good offices in order to facilitate the institution and
recognition of these hospital and safety zones and localities.
ARTICLE 15
Any Party to the conflict may, either direct or through a neutral State or
some humanitarian organization, propose to the adverse Party to establish, in
the regions where fighting is taking place, neutralized zones intended to shelter
from the effects of war the following persons, without distinction:
(a) wounded and sick combatants or non-combatants;
(b) civilian persons who take no part in hostilities, and who, while they
reside in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geographical position,
administration, food supply and supervision of the proposed neutralized zone, a
written agreement shall be concluded and signed by the representatives of the
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Parties to the conflict. The agreement shall fix the beginning and the duration of
the neutralization of the zone.
ARTICLE 16
The wounded and sick, as well as the infirm, and expectant mothers, shall
be the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall
facilitate the steps taken to search for the killed and wounded, to assist the
shipwrecked and other persons exposed to grave danger, and to protect them
against pillage and ill-treatment.
ARTICLE 17
The Parties to the conflict shall endeavour to conclude local agreements for
the removal from besieged or encircled areas, of wounded, sick, infirm, and
aged persons, children and maternity cases, and for the passage of ministers of
all religions, medical personnel and medical equipment on their way to such
areas.
ARTICLE 18
Civilian hospitals organized to give care to the wounded and sick, the
infirm and maternity cases, may in no circumstances be the object of attack, but
shall at all times be respected and protected by the Parties to the conflict.
States which are parties to a conflict shall provide all civilian hospitals with
certificates showing that they are civilian hospitals and that the buildings which
they occupy are not used for any purpose which would deprive these hospitals
of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but
only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit,
take the necessary steps to make the distinctive emblems indicating civilian
hospitals clearly visible to the enemy land, air and naval forces in order to
obviate the possibility of any hostile action.
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In view of the dangers to which hospitals may be exposed by being close to
military objectives, it is recommended that such hospitals be situated as far as
possible from such objectives.
ARTICLE 19
The protection to which civilian hospitals are entitled shall not cease unless
they are used to commit, outside their humanitarian duties, acts harmful to the
enemy. Protection may, however, cease only after due warning has been given,
naming, in all appropriate cases, a reasonable time limit, and after such warning
has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in
these hospitals, or the presence of small arms and ammunition taken from such
combatants and not yet handed to the proper service, shall not be considered to
be acts harmful to the enemy.
ARTICLE 20
Persons regularly and solely engaged in the operation and administration of
civilian hospitals, including the personnel engaged in the search for, removal
and transporting of and caring for wounded and sick civilians, the infirm and
maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above
personnel shall be recognizable by means of an identity card certifying their
status, bearing the photograph of the holder and embossed with the stamp of the
responsible authority, and also by means of a stamped, water-resistant armlet
which they shall wear on the left arm while carrying out their duties. This
armlet shall be issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of
civilian hospitals shall be entitled to respect and protection and to wear the
armlet, as provided in and under the conditions prescribed in this Article, while
they are employed on such duties. The identity card shall state the duties on
which they are employed.
The management of each hospital shall at all times hold at the disposal of
the competent national or occupying authorities an up-to-date list of such
personnel.
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ARTICLE 21
Convoys of vehicles or hospital trains on land or specially provided vessels
on sea, conveying wounded and sick civilians, the infirm and maternity cases,
shall be respected and protected in the same manner as the hospitals provided
for in Article 18, and shall be marked, with the consent of the State, by the
display of the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949.
ARTICLE 22
Aircraft exclusively employed for the removal of wounded and sick
civilians, the infirm and maternity cases, or for the transport of medical
personnel and equipment, shall not be attacked, but shall be respected while
flying at heights, times and on routes specifically agreed upon between all the
Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article
38 of the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory
are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing
thus imposed, the aircraft with its occupants may continue its flight after
examination, if any.
ARTICLE 23
Each High Contracting Party shall allow the free passage of all
consignments of medical and hospital stores and objects necessary for religious
worship intended only for civilians of another High Contracting Party, even if
the latter is its adversary. It shall likewise permit the free passage of all
consignments of essential foodstuffs, clothing and tonics intended for children
under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the
consignments indicated in the preceding paragraph is subject to the condition
that this Party is satisfied that there are no serious reasons for fearing:
(a) that the consignments may be diverted from their destination,
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(b) that the control may not be effective, or
(c) that a definite advantage may accrue to the military efforts or
economy of the enemy through the substitution of the
above-mentioned consignments for goods which would otherwise
be provided or produced by the enemy or through the release of
such material, services or facilities as would otherwise be
required for the production of such goods.
The Power which allows the passage of the consignments indicated in the
first paragraph of this Article may make such permission conditional on the
distribution to the persons benefited thereby being made under the local
supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the
Power which permits their free passage shall have the right to prescribe the
technical arrangements under which such passage is allowed.
ARTICLE 24
The Parties to the conflict shall take the necessary measures to ensure that
children under fifteen, who are orphaned or are separated from their families as
a result of the war, are not left to their own resources, and that their
maintenance, the exercise of their religion and their education are facilitated in
all circumstances. Their education shall, as far as possible, be entrusted to
persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a
neutral country for the duration of the conflict with the consent of the Protecting
Power, if any, and under due safeguards for the observance of the principles
stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve
to be identified by the wearing of identity discs, or by some other means.
ARTICLE 25
All persons in the territory of a Party to the conflict, or in a territory
occupied by it, shall be enabled to give news of a strictly personal nature to
members of their families, wherever they may be, and to receive news from
them. This correspondence shall be forwarded speedily and without undue
delay.
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If, as a result of circumstances, it becomes difficult or impossible to
exchange family correspondence by the ordinary post, the Parties to the conflict
concerned shall apply to a neutral intermediary, such as the Central Agency
provided for in Article 140, and shall decide in consultation with it how to
ensure the fulfilment of their obligations under the best possible conditions, in
particular with the cooperation of the National Red Cross (Red Crescent, Red
Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family
correspondence, such restrictions shall be confined to the compulsory use of
standard forms containing twenty-five freely chosen words, and to the limitation
of the number of these forms despatched to one each month.
ARTICLE 26
Each Party to the conflict shall facilitate enquiries made by members of
families dispersed owing to the war, with the object of renewing contact with
one another and of meeting, if possible. It shall encourage, in particular, the
work of organizations engaged on this task provided they are acceptable to it
and conform to its security regulations.
PART III.—STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I.—PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO
THE CONFLICT AND TO OCCUPIED TERRITORIES
ARTICLE 27
Protected persons are entitled, in all circumstances, to respect for their
persons, their honour, their family rights, their religious convictions and
practices, and their manners and customs. They shall at all times be humanely
treated, and shall be protected especially against all acts of violence or threats
thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in
particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and
sex, all protected persons shall be treated with the same consideration by the
Party to the conflict in whose power they are, without any adverse distinction
based, in particular, on race, religion or political opinion.
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However, the Parties to the conflict may take such measures of control and
security in regard to protected persons as may be necessary as a result of the
war.
ARTICLE 28
The presence of a protected person may not be used to render certain points
or areas immune from military operations.
ARTICLE 29
The Party to the conflict in whose hands protected persons may be, is
responsible for the treatment accorded to them by its agents, irrespective of any
individual responsibility which may be incurred.
ARTICLE 30
Protected persons shall have every facility for making application to the
Protecting Powers, the International Committee of the Red Cross, the National
Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they
may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose
by the authorities, within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the
International Committee of the Red Cross, provided for by Article 143, the
Detaining or Occupying Powers shall facilitate as much as possible visits to
protected persons by the representatives of other organizations whose object is
to give spiritual aid or material relief to such persons.
ARTICLE 31
No physical or moral coercion shall be exercised against protected persons,
in particular to obtain information from them or from third parties.
ARTICLE 32
The High Contracting Parties specifically agree that each of them is
prohibited from taking any measure of such a character as to cause the physical
suffering or extermination of protected persons in their hands. This prohibition
applies not only to murder, torture, corporal punishment, mutilation and medical
or scientific experiments not necessitated by the medical treatment of a
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protected person, but also to any other measures of brutality whether applied by
civilian or military agents.
ARTICLE 33
No protected person may be punished for an offence he or she has not
personally committed. Collective penalties and likewise all measures of
intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
ARTICLE 34
The taking of hostages is prohibited.
SECTION II.—ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
ARTICLE 35
All protected persons who may desire to leave the territory at the outset of,
or during a conflict, shall be entitled to do so, unless their departure is contrary
to the national interests of the State. The applications of such persons to leave
shall be decided in accordance with regularly established procedures and the
decision shall be taken as rapidly as possible. Those persons permitted to leave
may provide themselves with the necessary funds for their journey and take
with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be
entitled to have such refusal reconsidered as soon as possible by an appropriate
court or administrative board designated by the Detaining Power for that
purpose.
Upon request, representatives of the Protecting Power shall, unless reasons
of security prevent it, or the persons concerned object, be furnished with the
reasons for refusal of any request for permission to leave the territory and be
given, as expeditiously as possible, the names of all persons who have been
denied permission to leave.
ARTICLE 36
Departures permitted under the foregoing Article shall be carried out in
satisfactory conditions as regards safety, hygiene, sanitation and food. All costs
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in connection therewith, from the point of exit in the territory of the Detaining
Power, shall be borne by the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose nationals are
benefited. The practical details of such movements may, if necessary, be settled
by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be
concluded between Parties to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
ARTICLE 37
Protected persons who are confined pending proceedings or serving a
sentence involving loss of liberty, shall during their confinement be humanely
treated.
As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.
ARTICLE 38
With the exception of special measures authorized by the present
Convention, in particular by Articles 27 and 41 thereof, the situation of
protected persons shall continue to be regulated, in principle, by the provisions
concerning aliens in time of peace. In any case, the following rights shall be
granted to them:
(1) They shall be enabled to receive the individual or collective relief
that may be sent to them.
(2) They shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the
nationals of the State concerned.
(3) They shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
(4) If they reside in an area particularly exposed to the dangers of war,
they shall be authorised to move from that area to the same extent
as the nationals of the State concerned.
(5) Children under fifteen years, pregnant women and mothers of
children under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the State
concerned.
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ARTICLE 39
Protected persons who, as a result of the war, have lost their gainful
employment, shall be granted the opportunity to find paid employment. That
opportunity shall, subject to security considerations and to the provisions of
Article 40, be equal to that enjoyed by the nationals of the Power in whose
territory they are.
Where a Party to the conflict applies to a protected person methods of
control which result in his being unable to support himself, and especially if
such a person is prevented for reasons of security from finding paid
employment on reasonable conditions, the said Party shall ensure his support
and that of his dependants.
Protected persons may in any case receive allowances from their home
country, the Protecting Power, or the relief societies referred to in Article 30.
ARTICLE 40
Protected persons may be compelled to work only to the same extent as
nationals of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled
to do work which is normally necessary to ensure the feeding, sheltering,
clothing, transport and health of human beings and which is not directly related
to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons
compelled to work shall have the benefit of the same working conditions and of
the same safeguards as national workers, in particular as regards wages, hours
of labour, clothing and equipment, previous training and compensation for
occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to
exercise their right of complaint in accordance with Article 30.
ARTICLE 41
Should the Power in whose hands protected persons may be consider the
measures of control mentioned in the present Convention to be inadequate, it
may not have recourse to any other measure of control more severe than that of
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assigned residence or internment, in accordance with the provisions of Articles
42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of
persons required to leave their usual places of residence by virtue of a decision
placing them in assigned residence elsewhere, the Detaining Power shall be
guided as closely as possible by the standards of welfare set forth in Part III,
Section IV of this Convention.
ARTICLE 42
The internment or placing in assigned residence of protected persons may
be ordered only if the security of the Detaining Power makes it absolutely
necessary.
If any person, acting through the representatives of the Protecting Power,
voluntarily demands internment, and if his situation renders this step necessary,
he shall be interned by the Power in whose hands he may be.
ARTICLE 43
Any protected person who has been interned or placed in assigned
residence shall be entitled to have such action reconsidered as soon as possible
by an appropriate court or administrative board designated by the Detaining
Power for that purpose. If the internment or placing in assigned residence is
maintained, the court or administrative board shall periodically, and at least
twice yearly, give consideration to his or her case, with a view to the favourable
amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall,
as rapidly as possible, give the Protecting Power the names of any protected
persons who have been interned or subjected to assigned residence, or who have
been released from internment or assigned residence. The decisions of the
courts or boards mentioned in the first paragraph of the present Article shall
also, subject to the same conditions, be notified as rapidly as possible to the
Protecting Power.
ARTICLE 44
In applying the measures of control mentioned in the present Convention,
the Detaining Power shall not treat as enemy aliens exclusively on the basis of
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their nationality de jure of an enemy State, refugees who do not, in fact, enjoy
the protection of any government.
ARTICLE 45
Protected persons shall not be transferred to a Power which is not a party to
the convention.
This provision shall in no way constitute an obstacle to the repatriation of
protected persons, or to their return to their country of residence after the
cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a
Power which is a party to the present Convention and after the Detaining Power
has satisfied itself of the willingness and ability of such transferee Power to
apply the present Convention. If protected persons are transferred under such
circumstances, responsibility for the application of the present Convention rests
on the Power accepting them, while they are in its custody. Nevertheless, if that
Power fails to carry out the provisions of the present Convention in any
important respect, the Power by which the protected persons were transferred
shall, upon being so notified by the Protecting Power, take effective measures to
correct the situation or shall request the return of the protected persons. Such
request must be complied with.
In no circumstances shall a protected person be transferred to a country
where he or she may have reason to fear persecution for his or her political
opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before the outbreak of
hostilities, of protected persons accused of offences against ordinary criminal
law.
ARTICLE 46
In so far as they have not been previously withdrawn, restrictive measures
taken regarding protected persons shall be cancelled as soon as possible after
the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in
accordance with the law of the Detaining Power, as soon as possible after the
close of hostilities.
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SECTION III.—OCCUPIED TERRITORIES
ARTICLE 47
Protected persons who are in occupied territory shall not be deprived, in
any case or in any manner whatsoever, of the benefits of the present Convention
by any change introduced, as the result of the occupation of a territory, into the
institutions or government of the said territory, nor by any agreement concluded
between the authorities of the occupied territories and the Occupying Power,
nor by any annexation by the latter of the whole or part of the occupied
territory.
ARTICLE 48
Protected persons who are not nationals of the Power whose territory is
occupied, may avail themselves of the right to leave the territory subject to the
provisions of Article 35, and decisions thereon shall be taken according to the
procedure which the Occupying Power shall establish in accordance with the
said Article.
ARTICLE 49
Individual or mass forcible transfers, as well as deportations of protected
persons from occupied territory to the territory of the Occupying Power or to
that of any other country, occupied or not, are prohibited, regardless of their
motive.
Nevertheless, the Occupying Power may undertake total or partial
evacuation of a given area if the security of the population or imperative
military reasons so demand. Such evacuations may not involve the displacement
of protected persons outside the bounds of the occupied territory except when
for material reasons it is impossible to avoid such displacement. Persons thus
evacuated shall be transferred back to their homes as soon as hostilities in the
area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall
ensure, to the greatest practicable extent, that proper accommodation is
provided to receive the protected persons, that the removals are effected in
satisfactory conditions of hygiene, health, safety and nutrition, and that
members of the same family are not separated.
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The Protecting Power shall be informed of any transfers and evacuations as
soon as they have taken place.
The Occupying Power shall not detain protected persons in an area
particularly exposed to the dangers of war unless the security of the population
or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian
population into the territory it occupies.
ARTICLE 50
The Occupying Power shall, with the cooperation of the national and local
authorities, facilitate the proper working of all institutions devoted to the care
and education of children.
The Occupying Power shall take all necessary steps to facilitate the
identification of children and the registration of their parentage. It may not, in
any case, change their personal status, nor enlist them in formations or
organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying
Power shall make arrangements for the maintenance and education, if possible
by persons of their own nationality, language and religion, of children who are
orphaned or separated from their parents as a result of the war and who cannot
be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall
be responsible for taking all necessary steps to identify children whose identity
is in doubt. Particulars of their parents or other near relatives should always be
recorded if available.
The Occupying Power shall not hinder the application of any preferential
measures in regard to food, medical care and protection against the effects of
war, which may have been adopted prior to the occupation in favour of children
under fifteen years, expectant mothers, and mothers of children under seven
years.
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ARTICLE 51
The Occupying Power may not compel protected persons to serve in its
armed or auxiliary forces. No pressure or propaganda which aims at securing
voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless
they are over eighteen years of age, and then only on work which is necessary
either for the needs of the army of occupation, or for the public utility services,
or for the feeding, sheltering, clothing, transportation or health of the population
of the occupied country. Protected persons may not be compelled to undertake
any work which would involve them in the obligation of taking part in military
operations. The Occupying Power may not compel protected persons to employ
forcible means to ensure the security of the installations where they are
performing compulsory labour.
The work shall be carried out only in the occupied territory where the
persons whose services have been requisitioned are. Every such person shall, so
far as possible, be kept in his usual place of employment. Workers shall be paid
a fair wage and the work shall be proportionate to their physical and intellectual
capacities. The legislation in force in the occupied country concerning working
conditions, and safeguards as regards, in particular, such matters as wages,
hours of work, equipment, preliminary training and compensation for
occupational accidents and diseases, shall be applicable to the protected persons
assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in
an organization of a military or semi-military character.
ARTICLE 52
No contract, agreement or regulation shall impair the right of any worker,
whether voluntary or not and wherever he may be, to apply to the
representatives of the Protecting Power in order to request the said Power’s
intervention.
All measures aiming at creating unemployment or at restricting the
opportunities offered to workers in an occupied territory, in order to induce
them to work for the Occupying Power, are prohibited.
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ARTICLE 53
Any destruction by the Occupying Power of real or personal property
belonging individually or collectively to private persons, or to the State, or to
other public authorities, or to social or cooperative organizations, is prohibited,
except where such destruction is rendered absolutely necessary by military
operations.
ARTICLE 54
The Occupying Power may not alter the status of public officials or judges
in the occupied territories, or in any way apply sanctions to or take any
measures of coercion or discrimination against them, should they abstain from
fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph
of Article 51. It does not affect the right of the Occupying Power to remove
public officials from their posts.
ARTICLE 55
To the fullest extent of the means available to it, the Occupying Power has
the duty of ensuring the food and medical supplies of the population; it should,
in particular, bring in the necessary foodstuffs, medical stores and other articles
if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical
supplies available in the occupied territory, except for use by the occupation
forces and administration personnel, and then only if the requirements of the
civilian population have been taken into account. Subject to the provisions of
other international Conventions, the Occupying Power shall make arrangements
to ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of
the food and medical supplies in occupied territories, except where temporary
restrictions are made necessary by imperative military requirements.
ARTICLE 56
To the fullest extent of the means available to it, the Occupying Power has
the duty of ensuring and maintaining, with the cooperation of national and local
authorities, the medical and hospital establishments and services, public health
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and hygiene in the occupied territory, with particular reference to the adoption
and application of the prophylactic and preventive measures necessary to
combat the spread of contagious diseases and epidemics. Medical personnel of
all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs
of the occupied State are not operating there, the occupying authorities shall, if
necessary, grant them the recognition provided for in Article 18. In similar
circumstances, the occupying authorities shall also grant recognition to hospital
personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation,
the Occupying Power shall take into consideration the moral and ethical
susceptibilities of the population of the occupied territory.
ARTICLE 57
The Occupying Power may requisition civilian hospitals only temporarily
and only in cases of urgent necessity for the care of military wounded and sick,
and then on condition that suitable arrangements are made in due time for the
care and treatment of the patients and for the needs of the civilian population for
hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long
as they are necessary for the needs of the civilian population.
ARTICLE 58
The Occupying Power shall permit ministers of religion to give spiritual
assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles
required for religious needs and shall facilitate their distribution in occupied
territory.
ARTICLE 59
If the whole or part of the population of an occupied territory is
inadequately supplied, the Occupying Power shall agree to relief schemes on
behalf of the said population, and shall facilitate them by all the means at its
disposal.
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Such schemes, which may be undertaken either by States or by impartial
humanitarian organizations such as the International Committee of the Red
Cross, shall consist, in particular, of the provision of consignments of
foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments
and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory
occupied by an adverse Party to the conflict shall, however, have the right to
search the consignments, to regulate their passage according to prescribed times
and routes, and to be reasonably satisfied through the Protecting Power that
these consignments are to be used for the relief of the needy population and are
not to be used for the benefit of the Occupying Power.
ARTICLE 60
Relief consignments shall in no way relieve the Occupying Power of any of
its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in
no way whatsoever divert relief consignments from the purpose for which they
are intended, except in cases of urgent necessity, in the interests of the
population of the occupied territory and with the consent of the Protecting
Power.
ARTICLE 61
The distribution of the relief consignments referred to in the foregoing
Articles shall be carried out with the cooperation and under the supervision of
the Protecting Power. This duty may also be delegated, by agreement between
the Occupying Power and the Protecting Power, to a neutral Power, to the
International Committee of the Red Cross or to any other impartial
humanitarian body.
Such consignments shall be exempt in occupied territory from all charges,
taxes or customs duties unless these are necessary in the interests of the
economy of the territory. The Occupying Power shall facilitate the rapid
distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport,
free of charge, of such relief consignments on their way to occupied territories.
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ARTICLE 62
Subject to imperative reasons of security, protected persons in occupied
territories shall be permitted to receive the individual relief consignments sent
to them.
ARTICLE 63
Subject to temporary and exceptional measures imposed for urgent reasons
of security by the Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun)
Societies shall be able to pursue their activities in accordance
with Red Cross principles, as defined by the International Red
Cross Conferences. Other relief societies shall be permitted to
continue their humanitarian activities under similar conditions;
(b) the Occupying Power may not require any changes in the personnel
or structure of these societies, which would prejudice the
aforesaid activities.
The same principles shall apply to the activities and personnel of special
organizations of a non-military character, which already exist or which may be
established, for the purpose of ensuring the living conditions of the civilian
population by the maintenance of the essential public utility services, by the
distribution of relief and by the organization of rescues.
ARTICLE 64
The penal laws of the occupied territory shall remain in force, with the
exception that they may be repealed or suspended by the Occupying Power in
cases where they constitute a threat to its security or an obstacle to the
application of the present Convention. Subject to the latter consideration and to
the necessity for ensuring the effective administration of justice, the tribunals of
the occupied territory shall continue to function in respect of all offences
covered by the said laws.
The Occupying Power may, however, subject the population of the
occupied territory to provisions which are essential to enable the Occupying
Power to fulfil its obligations under the present Convention, to maintain the
orderly government of the territory, and to ensure the security of the Occupying
Power, of the members and property of the occupying forces or administration,
and likewise of the establishments and lines of communication used by them.
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ARTICLE 65
The penal provisions enacted by the Occupying Power shall not come into
force before they have been published and brought to the knowledge of the
inhabitants in their own language. The effect of these penal provisions shall not
be retroactive.
ARTICLE 66
In case of a breach of the penal provisions promulgated by it by virtue of
the second paragraph of Article 64, the Occupying Power may hand over the
accused to its properly constituted, non-political military courts, on condition
that the said courts sit in the occupied country. Courts of appeal shall preferably
sit in the occupied country.
ARTICLE 67
The courts shall apply only those provisions of law which were applicable
prior to the offence, and which are in accordance with general principles of law,
in particular the principle that the penalty shall be proportionate to the offence.
They shall take into consideration the fact that the accused is not a national of
the Occupying Power.
ARTICLE 68
Protected persons who commit an offence which is solely intended to harm
the Occupying Power, but which does not constitute an attempt on the life or
limb of members of the occupying forces or administration, nor a grave
collective danger, nor seriously damage the property of the occupying forces or
administration or the installations used by them, shall be liable to internment or
simple imprisonment, provided the duration of such internment or
imprisonment is proportionate to the offence committed. Furthermore,
internment or imprisonment shall, for such offences, be the only measure
adopted for depriving protected persons of liberty. The courts provided for
under Article 66 of the present Convention may at their discretion convert a
sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance
with Articles 64 and 65 may impose the death penalty on a protected person
only in cases where the person is guilty of espionage, of serious acts of sabotage
against the military installations of the Occupying Power or of intentional
offences which have caused the death of one or more persons, provided that
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such offences were punishable by death under the law of the occupied territory
in force before the occupation began.
The death penalty may not be pronounced against a protected person unless
the attention of the court has been particularly called to the fact that since the
accused is not a national of the Occupying Power, he is not bound to it by any
duty of allegiance.
In any case, the death penalty may not be pronounced against a protected
person who was under eighteen years of age at the time of the offence.
ARTICLE 69
In all cases, the duration of the period during which a protected person
accused of an offence is under arrest awaiting trial or punishment shall be
deducted from any period of imprisonment awarded.
ARTICLE 70
Protected persons shall not be arrested, prosecuted or convicted by the
Occupying Power for acts committed or for opinions expressed before the
occupation, or during a temporary interruption thereof, with the exception of
breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities,
have sought refuge in the territory of the occupied State, shall not be arrested,
prosecuted, convicted or deported from the occupied territory, except for
offences committed after the outbreak of hostilities, or for offences under
common law committed before the outbreak of hostilities which, according to
the law of the occupied State, would have justified extradition in time of peace.
ARTICLE 71
No sentence shall be pronounced by the competent courts of the Occupying
Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be
promptly informed, in writing, in a language which they understand, of the
particulars of the charges preferred against them, and shall be brought to trial as
rapidly as possible. The Protecting Power shall be informed of all proceedings
instituted by the Occupying Power against protected persons in respect of
charges involving the death penalty or imprisonment for two years or more; it
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shall be enabled, at any time, to obtain information regarding the state of such
proceedings. Furthermore, the Protecting Power shall be entitled, on request, to
be furnished with all particulars of these and of any other proceedings instituted
by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second
paragraph above, shall be sent immediately, and shall in any case reach the
Protecting Power three weeks before the date of the first hearing. Unless, at the
opening of the trial, evidence is submitted that the provisions of this Article are
fully complied with, the trial shall not proceed. The notification shall include
the following particulars:
(a) description of the accused;
(b) place of residence or detention;
(c) specification of the charge or charges (with mention of the penal
provisions under which it is brought);
(d) designation of the court which will hear the case;
(e) place and date of the first hearing.
ARTICLE 72
Accused persons shall have the right to present evidence necessary to their
defence and may, in particular, call witnesses. They shall have the right to be
assisted by a qualified advocate or counsel of their own choice, who shall be
able to visit them freely and shall enjoy the necessary facilities for preparing the
defence.
Failing a choice by the accused, the Protecting Power may provide him
with an advocate or counsel. When an accused person has to meet a serious
charge and the Protecting Power is not functioning, the Occupying Power,
subject to the consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided
by an interpreter, both during preliminary investigation and during the hearing
in court. They shall have the right at any time to object to the interpreter and to
ask for his replacement.
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ARTICLE 73
A convicted person shall have the right of appeal provided for by the laws
applied by the court. He shall be fully informed of his right to appeal or petition
and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it
is applicable, to appeals. Where the laws applied by the Court make no
provision for appeals, the convicted person shall have the right to petition
against the finding and sentence to the competent authority of the Occupying
Power.
ARTICLE 74
Representatives of the Protecting Power shall have the right to attend the
trial of any protected person, unless the hearing has, as an exceptional measure,
to be held in camera in the interests of the security of the Occupying Power,
which shall then notify the Protecting Power. A notification in respect of the
date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two
years or more, shall be communicated, with the relevant grounds, as rapidly as
possible to the Protecting Power. The notification shall contain a reference to
the notification made under Article 71, and, in the case of sentences of
imprisonment, the name of the place where the sentence is to be served. A
record of judgments other than those referred to above shall be kept by the court
and shall be open to inspection by representatives of the Protecting Power. Any
period allowed for appeal in the case of sentences involving the death penalty,
or imprisonment of two years or more, shall not run until notification of
judgment has been received by the Protecting Power.
ARTICLE 75
In no case shall persons condemned to death be deprived of the right of
petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of
at least six months from the date of receipt by the Protecting Power of the
notification of the final judgment confirming such death sentence, or of an order
denying pardon or reprieve.
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The six months period of suspension of the death sentence herein
prescribed may be reduced in individual cases in circumstances of grave
emergency involving an organized threat to the security of the Occupying
Power or its forces, provided always that the Protecting Power is notified of
such reduction and is given reasonable time and opportunity to make
representations to the competent occupying authorities in respect of such death
sentences.
ARTICLE 76
Protected persons accused of offences shall be detained in the occupied
country, and if convicted they shall serve their sentences therein. They shall, if
possible, be separated from other detainees and shall enjoy conditions of food
and hygiene which will be sufficient to keep them in good health, and which
will be at least equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they
may require.
Women shall be confined in separate quarters and shall be under the direct
supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by
delegates of the Protecting Power and of the International Committee of the Red
Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel
monthly.
ARTICLE 77
Protected persons who have been accused of offences or convicted by the
courts in occupied territory, shall be handed over at the close of occupation,
with the relevant records, to the authorities of the liberated territory.
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ARTICLE 78
If the Occupying Power considers it necessary, for imperative reasons of
security, to take safety measures concerning protected persons, it may, at the
most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made
according to a regular procedure to be prescribed by the Occupying Power in
accordance with the provisions of the present Convention. This procedure shall
include the right of appeal for the parties concerned. Appeals shall be decided
with the least possible delay. In the event of the decision being upheld, it shall
be subject to periodical review, if possible every six months, by a competent
body set up by the said Power.
Protected persons made subject to assigned residence and thus required to
leave their homes shall enjoy the full benefit of Article 39 of the present
Convention.
SECTION IV.—REGULATIONS FOR THE TREATMENT OF INTERNEES
CHAPTER I.—GENERAL PROVISIONS
ARTICLE 79
The Parties to the conflict shall not intern protected persons, except in
accordance with the provisions of Articles 41, 42, 43, 68 and 78.
ARTICLE 80
Internees shall retain their full civil capacity and shall exercise such
attendant rights as may be compatible with their status.
ARTICLE 81
Parties to the conflict who intern protected persons shall be bound to
provide free of charge for their maintenance, and to grant them also the medical
attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees
shall be made for the repayment of these costs.
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The Detaining Power shall provide for the support of those dependent on
the internees, if such dependants are without adequate means of support or are
unable to earn a living.
ARTICLE 82
The Detaining Power shall, as far as possible, accommodate the internees
according to their nationality, language and customs. Internees who are
nationals of the same country shall not be separated merely because they have
different languages.
Throughout the duration of their internment, members of the same family,
and in particular parents and children, shall be lodged together in the same place
of internment, except when separation of a temporary nature is necessitated for
reasons of employment or health or for the purposes of enforcement of the
provisions of Chapter IX of the present Section. Internees may request that their
children who are left at liberty without parental care shall be interned with
them.
Wherever possible, interned members of the same family shall be housed
in the same premises and given separate accommodation from other internees,
together with facilities for leading a proper family life.
CHAPTER II.—PLACES OF INTERNMENT
ARTICLE 83
The Detaining Power shall not set up places of internment in areas
particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the
intermediary of the Protecting Powers, all useful information regarding the
geographical location of places of internment.
Whenever military considerations permit, internment camps shall be
indicated by the letters IC, placed so as to be clearly visible in the daytime from
the air. The powers concerned may, however, agree upon any other system of
marking. No place other than an internment camp shall be marked as such.
ARTICLE 84
Internees shall be accommodated and administered separately from
prisoners of war and from persons deprived of liberty for any other reason.
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ARTICLE 85
The Detaining Power is bound to take all necessary and possible measures
to ensure that protected persons shall, from the outset of their internment, be
accommodated in buildings or quarters which afford every possible safeguard
as regards hygiene and health, and provide efficient protection against the
rigours of the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas, or in districts the climate of
which is injurious to the internees. In all cases where the district, in which a
protected person is temporarily interned, is in an unhealthy area or has a climate
which is harmful to his health, he shall be removed to a more suitable place of
internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated
and lighted, in particular between dusk and lights out. The sleeping quarters
shall be sufficiently spacious and well ventilated, and the internees shall have
suitable bedding and sufficient blankets, account being taken of the climate, and
the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences
which conform to the rules of hygiene and are constantly maintained in a state
of cleanliness. They shall be provided with sufficient water and soap for their
daily personal toilet and for washing their personal laundry; installations and
facilities necessary for this purpose shall be granted to them. Showers or baths
shall also be available. The necessary time shall be set aside for washing and for
cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to
accommodate women internees who are not members of a family unit in the
same place of internment as men, the provision of separate sleeping quarters
and sanitary conveniences for the use of such women internees shall be
obligatory.
ARTICLE 86
The Detaining Power shall place at the disposal of interned persons, of
whatever denomination, premises suitable for the holding of their religious
services.
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ARTICLE 87
Canteens shall be installed in every place of internment, except where other
suitable facilities are available. The purpose shall be to enable internees to make
purchases, at prices not higher than local market prices, of foodstuffs and
articles of everyday use, including soap and tobacco, such as would increase
their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for
each place of internment, and administered for the benefit of the internees
attached to such place of internment. The Internee Committee provided for in
Article 102 shall have the right to check the management of the canteen and of
the said fund.
When a place of internment is closed down, the balance of the welfare fund
shall be transferred to the welfare fund of a place of internment for internees of
the same nationality, or, if such a place does not exist, to a central welfare fund
which shall be administered for the benefit of all internees remaining in the
custody of the Detaining Power. In case of a general release, the said profits
shall be kept by the Detaining Power, subject to any agreement to the contrary
between the Powers concerned.
ARTICLE 88
In all places of internment exposed to air raids and other hazards of war,
shelters adequate in number and structure to ensure the necessary protection
shall be installed. In case of alarms, the internees shall be free to enter such
shelters as quickly as possible, excepting those who remain for the protection of
their quarters against the aforesaid hazards. Any protective measures taken in
favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the
danger of fire.
CHAPTER III.—FOOD AND CLOTHING
ARTICLE 89
Daily food rations for internees shall be sufficient in quantity, quality and
variety to keep internees in a good state of health and prevent the development
of nutritional deficiencies. Account shall also be taken of the customary diet of
the internees.
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Internees shall also be given the means by which they can prepare for
themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco
shall be permitted.
Internees who work shall receive additional rations in proportion to the
kind of labour which they perform.
Expectant and nursing mothers, and children under fifteen years of age,
shall be given additional food, in proportion to their physiological needs.
ARTICLE 90
When taken into custody, internees shall be given all facilities to provide
themselves with the necessary clothing, footwear and change of underwear, and
later on, to procure further supplies if required. Should any internees not have
sufficient clothing, account being taken of the climate, and be unable to procure
any, it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward
markings placed on their own clothes shall not be ignominious nor expose them
to ridicule.
Workers shall receive suitable working outfits, including protective
clothing, whenever the nature of their work so requires.
CHAPTER IV.—HYGIENE AND MEDICAL ATTENTION
ARTICLE 91
Every place of internment shall have an adequate infirmary, under the
direction of a qualified doctor, where internees may have the attention they
require, as well as an appropriate diet. Isolation wards shall be set aside for
cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose
condition requires special treatment, a surgical operation or hospital care, must
be admitted to any institution where adequate treatment can be given and shall
receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of
their own nationality.
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Internees may not be prevented from presenting themselves to the medical
authorities for examination. The medical authorities of the Detaining Power
shall, upon request, issue to every internee who has undergone treatment an
official certificate showing the nature of his illness or injury, and the duration
and nature of the treatment given. A duplicate of this certificate shall be
forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the
maintenance of internees in good health, particularly dentures and other
artificial appliances and spectacles, shall be free of charge to the internee.
ARTICLE 92
Medical inspections of internees shall be made at least once a month. Their
purpose shall be, in particular, to supervise the general state of health, nutrition
and cleanliness of internees, and to detect contagious diseases, especially
tuberculosis, malaria, and venereal diseases. Such inspections shall include, in
particular, the checking of weight of each internee and, at least once a year,
radioscopic examination.
CHAPTER V.—RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
ARTICLE 93
Internees shall enjoy complete latitude in the exercise of their religious
duties, including attendance at the services of their faith, on condition that they
comply with the disciplinary routine prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to
the members of their community. For this purpose, the Detaining Power shall
ensure their equitable allocation amongst the various places of internment in
which there are internees speaking the same language and belonging to the
same religion. Should such ministers be too few in number, the Detaining
Power shall provide them with the necessary facilities, including means of
transport, for moving from one place to another, and they shall be authorized to
visit any internees who are in hospital. Ministers of religion shall be at liberty to
correspond on matters concerning their ministry with the religious authorities in
the country of detention and, as far as possible, with the international religious
organizations of their faith. Such correspondence shall not be considered as
forming a part of the quota mentioned in Article 107. It shall, however, be
subject to the provisions of Article 112.
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When internees do not have at their disposal the assistance of ministers of
their faith, or should these latter be too few in number, the local religious
authorities of the same faith may appoint, in agreement with the Detaining
Power, a minister of the internees’ faith or, if such a course is feasible from a
denominational point of view, a minister of similar religion or a qualified
layman. The latter shall enjoy the facilities granted to the ministry he has
assumed. Persons so appointed shall comply with all regulations laid down by
the Detaining Power in the interests of discipline and security.
ARTICLE 94
The Detaining Power shall encourage intellectual, educational and
recreational pursuits, sports and games amongst internees, whilst leaving them
free to take part in them or not. It shall take all practicable measures to ensure
the exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies
or to take up new subjects. The education of children and young people shall be
ensured; they shall be allowed to attend schools either within the place of
internment or outside.
Internees shall be given opportunities for physical exercise, sports and
outdoor games. For this purpose, sufficient open spaces shall be set aside in all
places of internment. Special playgrounds shall be reserved for children and
young people.
ARTICLE 95
The Detaining Power shall not employ internees as workers, unless they so
desire. Employment which, if undertaken under compulsion by a protected
person not in internment, would involve a breach of Articles 40 or 51 of the
present Convention, and employment on work which is of a degrading or
humiliating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work
at any moment, subject to eight days’ notice.
These provisions constitute no obstacle to the right of the Detaining Power
to employ interned doctors, dentists and other medical personnel in their
professional capacity on behalf of their fellow internees, or to employ internees
for administrative and maintenance work in places of internment and to detail
such persons for work in the kitchens or for other domestic tasks, or to require
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such persons to undertake duties connected with the protection of internees
against aerial bombardment or other war risks. No internee may, however, be
required to perform tasks for which he is, in the opinion of a medical officer,
physically unsuited.
The Detaining Power shall take entire responsibility for all working
conditions, for medical attention, for the payment of wages, and for ensuring
that all employed internees receive compensation for occupational accidents and
diseases. The standards prescribed for the said working conditions and for
compensation shall be in accordance with the national laws and regulations, and
with the existing practice; they shall in no case be inferior to those obtaining for
work of the same nature in the same district. Wages for work done shall be
determined on an equitable basis by special agreements between the internees,
the Detaining Power, and, if the case arises, employers other than the Detaining
Power, due regard being paid to the obligation of the Detaining Power to
provide for free maintenance of internees and for the medical attention which
their state of health may require. Internees permanently detailed for categories
of work mentioned in the third paragraph of this Article, shall be paid fair
wages by the Detaining Power. The working conditions and the scale of
compensation for occupational accidents and diseases to internees thus detailed,
shall not be inferior to those applicable to work of the same nature in the same
district.
ARTICLE 96
All labour detachments shall remain part of and dependent upon a place of
internment. The competent authorities of the Detaining Power and the
commandant of a place of internment shall be responsible for the observance in
a labour detachment of the provisions of the present Convention. The
commandant shall keep an up-to-date list of the labour detachments subordinate
to him and shall communicate it to the delegates of the Protecting Power, of the
International Committee of the Red Cross and of other humanitarian
organizations who may visit the places of internment.
CHAPTER VI.—PERSONAL PROPERTY AND FINANCIAL RESOURCES
ARTICLE 97
Internees shall be permitted to retain articles of personal use. Monies,
cheques, bonds, etc., and valuables in their possession may not be taken from
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them except in accordance with established procedure. Detailed receipts shall be
given therefor.
The amounts shall be paid into the account of every internee as provided
for in Article 98. Such amounts may not be converted into any other currency
unless legislation in force in the territory in which the owner is interned so
requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be
taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or
other valuables taken from them during internment and shall receive in currency
the balance of any credit to their accounts kept in accordance with Article 98,
with the exception of any articles or amounts withheld by the Detaining Power
by virtue of its legislation in force. If the property of an internee is so withheld,
the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be
taken away without a receipt being given. At no time shall internees be left
without identity documents. If they have none, they shall be issued with special
documents drawn up by the detaining authorities, which will serve as their
identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or
in the shape of purchase coupons, to enable them to make purchases.
ARTICLE 98
All internees shall receive regular allowances, sufficient to enable them to
purchase goods and articles, such as tobacco, toilet requisites, etc. Such
allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which
they owe allegiance, the Protecting Powers, the organizations which may assist
them, or their families, as well as the income on their property in accordance
with the law of the Detaining Power. The amount of allowances granted by the
Power to which they owe allegiance shall be the same for each category of
internees (infirm, sick, pregnant women, etc.), but may not be allocated by that
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Power or distributed by the Detaining Power on the basis of discriminations
between internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to
which shall be credited the allowances named in the present Article, the wages
earned and the remittances received, together with such sums taken from him as
may be available under the legislation in force in the territory in which he is
interned. Internees shall be granted all facilities consistent with the legislation in
force in such territory to make remittances to their families and to other
dependants. They may draw from their accounts the amounts necessary for their
personal expenses, within the limits fixed by the Detaining Power. They shall at
all times be afforded reasonable facilities for consulting and obtaining copies of
their accounts. A statement of accounts shall be furnished to the Protecting
Power on request, and shall accompany the internee in case of transfer.
CHAPTER VII.—ADMINISTRATION AND DISCIPLINE
ARTICLE 99
Every place of internment shall be put under the authority of a responsible
officer, chosen from the regular military forces or the regular civil
administration of the Detaining Power. The officer in charge of the place of
internment must have in his possession a copy of the present Convention in the
official language, or one of the official languages, of his country and shall be
responsible for its application. The staff in control of internees shall be
instructed in the provisions of the present Convention and of the administrative
measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements
concluded under the said Convention shall be posted inside the place of
internment, in a language which the internees understand, or shall be in the
possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be
communicated to the internees and posted inside the places of internment, in a
language which they understand.
Every order and command addressed to internees individually, must
likewise, be given in a language which they understand.
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ARTICLE 100
The disciplinary regime in places of internment shall be consistent with
humanitarian principles, and shall in no circumstances include regulations
imposing on internees any physical exertion dangerous to their health or
involving physical or moral victimization. Identification by tattooing or
imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military
drill and manoeuvres, or the reduction of food rations, are prohibited.
ARTICLE 101
Internees shall have the right to present to the authorities in whose power
they are, any petition with regard to the conditions of internment to which they
are subjected.
They shall also have the right to apply without restriction through the
Internee Committee or, if they consider it necessary, direct to the
representatives of the Protecting Power, in order to indicate to them any points
on which they may have complaints to make with regard to the conditions of
internment.
Such petitions and complaints shall be transmitted forthwith and without
alteration, and even if the latter are recognized to be unfounded, they may not
occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs
of the internees, may be sent by the Internee Committees to the representatives
of the Protecting Powers.
ARTICLE 102
In every place of internment, the internees shall freely elect by secret ballot
every six months, the members of a Committee empowered to represent them
before the Detaining and the Protecting Powers, the International Committee of
the Red Cross and any other organization which may assist them. The members
of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has
been approved by the detaining authorities. The reasons for any refusals or
dismissals shall be communicated to the Protecting Powers concerned.
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ARTICLE 103
The Internee Committees shall further the physical, spiritual and
intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual
assistance amongst themselves, this organization would be within the
competence of the Committees in addition to the special duties entrusted to
them under other provisions of the present Convention.
ARTICLE 104
Members of Internee Committees shall not be required to perform any
other work, if the accomplishment of their duties is rendered more difficult
thereby.
Members of Internee Committees may appoint from amongst the internees
such assistants as they may require. All material facilities shall be granted to
them, particularly a certain freedom of movement necessary for the
accomplishment of their duties (visits to labour detachments, receipt of
supplies, etc.).
All facilities shall likewise be accorded to members of Internee
Committees for communication by post and telegraph with the detaining
authorities, the Protecting Powers, the International Committee of the Red
Cross and their delegates, and with the organizations which give assistance to
internees. Committee members in labour detachments shall enjoy similar
facilities for communication with their Internee Committee in the principal
place of internment. Such communications shall not be limited, nor considered
as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a
reasonable time to acquaint their successors with current affairs.
CHAPTER VIII.—RELATIONS WITH THE EXTERIOR
ARTICLE 105
Immediately upon interning protected persons, the Detaining Powers shall
inform them, the Power to which they owe allegiance and their Protecting
Power of the measures taken for executing the provisions of the present
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Chapter. The Detaining Powers shall likewise inform the Parties concerned of
any subsequent modifications of such measures.
ARTICLE 106
As soon as he is interned, or at the latest not more than one week after his
arrival in a place of internment, and likewise in cases of sickness or transfer to
another place of internment or to a hospital, every internee shall be enabled to
send direct to his family, on the one hand, and to the Central Agency provided
for by Article 140, on the other, an internment card similar, if possible, to the
model annexed to the present Convention, informing his relatives of his
detention, address and state of health. The said cards shall be forwarded as
rapidly as possible and may not be delayed in any way.
ARTICLE 107
Internees shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards sent
by each internee, the said number shall not be less than two letters and four
cards monthly; these shall be drawn up so as to conform as closely as possible
to the models annexed to the present Convention. If limitations must be placed
on the correspondence addressed to internees, they may be ordered only by the
Power to which such internees owe allegiance, possibly at the request of the
Detaining Power. Such letters and cards must be conveyed with reasonable
despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it
impossible to receive news from their relatives, or to give them news by the
ordinary postal route, as well as those who are at a considerable distance from
their homes, shall be allowed to send telegrams, the charges being paid by them
in the currency at their disposal. They shall likewise benefit by this provision in
cases which are recognized to be urgent.
As a rule, internees’ mail shall be written in their own language. The
Parties to the conflict may authorize correspondence in other languages.
ARTICLE 108
Internees shall be allowed to receive, by post or by any other means,
individual parcels or collective shipments containing in particular foodstuffs,
clothing, medical supplies, as well as books and objects of a devotional,
educational or recreational character which may meet their needs. Such
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shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be
limited, due notice thereof shall be given to the Protecting Power and to the
International Committee of the Red Cross, or to any other organization giving
assistance to the internees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective
shipments shall, if necessary, be the subject of special agreements between the
Powers concerned, which may in no case delay the receipt by the internees of
relief supplies. Parcels of clothing and foodstuffs may not include books.
Medical relief supplies shall, as a rule, be sent in collective parcels.
ARTICLE 109
In the absence of special agreements between Parties to the conflict
regarding the conditions for the receipt and distribution of collective relief
shipments, the regulations concerning collective relief which are annexed to the
present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right
of Internee Committees to take possession of collective relief shipments
intended for internees, to undertake their distribution and to dispose of them in
the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the
Protecting Powers, the International Committee of the Red Cross, or any other
organization giving assistance to internees and responsible for the forwarding of
collective shipments, to supervise their distribution to the recipients.
ARTICLE 110
All relief shipments for internees shall be exempt from import, customs
and other dues.
All matter sent by mail, including relief parcels sent by parcel post and
remittances of money, addressed from other countries to internees or despatched
by them through the post office, either direct or through the Information
Bureaux provided for in Article 136 and the Central Information Agency
provided for in Article 140, shall be exempt from all postal dues both in the
countries of origin and destination and in intermediate countries. To this end, in
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particular, the exemption provided by the Universal Postal Convention of 1947
and by the agreements of the Universal Postal Union in favour of civilians of
enemy nationality detained in camps or civilian prisons, shall be extended to the
other interned persons protected by the present Convention. The countries not
signatory to the above-mentioned agreements shall be bound to grant freedom
from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees
and which, by reason of their weight or any other cause, cannot be sent through
the post office, shall be borne by the Detaining Power in all the territories under
its control. Other Powers which are Parties to the present Convention shall bear
the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not
covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible,
the charges for telegrams sent by internees, or addressed to them.
ARTICLE 111
Should military operations prevent the Powers concerned from fulfilling
their obligation to ensure the conveyance of the mail and relief shipments
provided for in Articles 106, 107, 108 and 113, the Protecting Powers
concerned, the International Committee of the Red Cross or any other
organization duly approved by the Parties to the conflict may undertake the
conveyance of such shipments by suitable means (rail, motor vehicles, vessels
or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour
to supply them with such transport, and to allow its circulation, especially by
granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central
Information Agency referred to in Article 140 and the National
Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which the
Protecting Powers, the International Committee of the Red Cross
or any other organization assisting the internees exchange either
with their own delegates or with the Parties to the conflict.
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These provisions in no way detract from the right of any Party to the
conflict to arrange other means of transport if it should so prefer, nor preclude
the granting of safe-conducts, under mutually agreed conditions, to such means
of transport.
The costs occasioned by the use of such means of transport shall be borne,
in proportion to the importance of the shipments, by the Parties to the conflict
whose nationals are benefited thereby.
ARTICLE 112
The censoring of correspondence addressed to internees or despatched by
them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be
carried out under conditions that will expose the goods contained in them to
deterioration. It shall be done in the presence of the addressee, or of a
fellow-internee duly delegated by him. The delivery to internees of individual
or collective consignments shall not be delayed under the pretext of difficulties
of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict
either for military or political reasons, shall be only temporary and its duration
shall be as short as possible.
ARTICLE 113
The Detaining Powers shall provide all reasonable facilities for the
transmission, through the Protecting Power or the Central Agency provided for
in Article 140, or as otherwise required, of wills, powers of attorney, letters of
authority, or any other documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and
authentication in due legal form of such documents on behalf of internees, in
particular by allowing them to consult a lawyer.
ARTICLE 114
The Detaining Power shall afford internees all facilities to enable them to
manage their property, provided this is not incompatible with the conditions of
internment and the law which is applicable. For this purpose, the said Power
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may give them permission to leave the place of internment in urgent cases and
if circumstances allow.
ARTICLE 115
In all cases where an internee is a party to proceedings in any court, the
Detaining Power shall, if he so requests, cause the court to be informed of his
detention and shall, within legal limits, ensure that all necessary steps are taken
to prevent him from being in any way prejudiced, by reason of his internment,
as regards the preparation and conduct of his case or as regards the execution of
any judgment of the court.
ARTICLE 116
Every internee shall be allowed to receive visitors, especially near
relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in
urgent cases, particularly in cases of death or serious illness of relatives.
CHAPTER IX.—PENAL AND DISCIPLINARY SANCTIONS
ARTICLE 117
Subject to the provisions of the present Chapter, the laws in force in the
territory in which they are detained will continue to apply to internees who
commit offences during internment.
If general laws, regulations or orders declare acts committed by internees
to be punishable, whereas the same acts are not punishable when committed by
persons who are not internees, such acts shall entail disciplinary punishments
only.
No internee may be punished more than once for the same act, or on the
same count.
ARTICLE 118
The courts or authorities shall in passing sentence take as far as possible
into account the fact that the defendant is not a national of the Detaining Power.
They shall be free to reduce the penalty prescribed for the offence with which
the internee is charged and shall not be obliged, to this end, to apply the
minimum sentence prescribed.
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Imprisonment in premises without daylight and, in general, all forms of
cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be
treated differently from other internees.
The duration of preventive detention undergone by an internee shall be
deducted from any disciplinary or judicial penalty involving confinement to
which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted
against internees whom they represent, and of their result.
ARTICLE 119
The disciplinary punishments applicable to internees shall be the
following:
(1) A fine which shall not exceed 50 per cent of the wages which the
internee would otherwise receive under the provisions of Article
95 during a period of not more than thirty days.
(2) Discontinuance of privileges granted over and above the treatment
provided for by the present Convention.
(3) Fatigue duties, not exceeding two hours daily, in connection with the
maintenance of the place of internment.
(4) Confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for
the health of internees. Account shall be taken of the internee’s age, sex and
state of health.
The duration of any single punishment shall in no case exceed a maximum
of thirty consecutive days, even if the internee is answerable for several
breaches of discipline when his case is dealt with, whether such breaches are
connected or not.
ARTICLE 120
Internees who are recaptured after having escaped or when attempting to
escape, shall be liable only to disciplinary punishment in respect of this act,
even if it is a repeated offence.
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Article 118, paragraph 3, notwithstanding, internees punished as a result of
escape or attempt to escape, may be subjected to special surveillance, on
condition that such surveillance does not affect the state of their health, that it is
exercised in a place of internment and that it does not entail the abolition of any
of the safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable
on this count to disciplinary punishment only.
ARTICLE 121
Escape, or attempt to escape, even if it is a repeated offence, shall not be
deemed an aggravating circumstance in cases where an internee is prosecuted
for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities
exercise leniency in deciding whether punishment inflicted for an offence shall
be of a disciplinary or judicial nature, especially in respect of acts committed in
connection with an escape, whether successful or not.
ARTICLE 122
Acts which constitute offences against discipline shall be investigated
immediately. This rule shall be applied, in particular, in cases of escape or
attempt to escape. Recaptured internees shall be handed over to the competent
authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial shall be
reduced to an absolute minimum for all internees, and shall not exceed fourteen
days. Its duration shall in any case be deducted from any sentence of
confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in
confinement awaiting trial for offences against discipline.
ARTICLE 123
Without prejudice to the competence of courts and higher authorities,
disciplinary punishment may be ordered only by the commandant of the place
of internment, or by a responsible officer or official who replaces him, or to
whom he has delegated his disciplinary powers.
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Before any disciplinary punishment is awarded, the accused internee shall
be given precise information regarding the offences of which he is accused, and
given an opportunity of explaining his conduct and of defending himself. He
shall be permitted, in particular, to call witnesses and to have recourse, if
necessary, to the services of a qualified interpreter. The decision shall be
announced in the presence of the accused and of a member of the Internee
Committee.
The period elapsing between the time of award of a disciplinary
punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of
at least three days shall elapse between the execution of any two of the
punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishment shall be maintained by the
commandant of the place of internment and shall be open to inspection by
representatives of the Protecting Power.
ARTICLE 124
Internees shall not in any case be transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary
punishment therein.
The premises in which disciplinary punishments are undergone shall
conform to sanitary requirements; they shall in particular be provided with
adequate bedding. Internees undergoing punishment shall be enabled to keep
themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in
separate quarters from male internees and shall be under the immediate
supervision of women.
ARTICLE 125
Internees awarded disciplinary punishment shall be allowed to exercise and
to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical
inspections. They shall receive the attention which their state of health requires
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and, if necessary, shall be removed to the infirmary of the place of internment
or to a hospital.
They shall have permission to read and write, likewise to send and receive
letters. Parcels and remittances of money, however, may be withheld from them
until the completion of their punishment; such consignments shall meanwhile
be entrusted to the Internee Committee, who will hand over to the infirmary the
perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit
of the provisions of Articles 107 and 143 of the present Convention.
ARTICLE 126
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to
proceedings against internees who are in the national territory of the Detaining
Power.
CHAPTER X.—TRANSFERS OF INTERNEES
ARTICLE 127
The transfer of internees shall always be effected humanely. As a general
rule, it shall be carried out by rail or other means of transport, and under
conditions at least equal to those obtaining for the forces of the Detaining Power
in their changes of station. If, as an exceptional measure, such removals have to
be effected on foot, they may not take place unless the internees are in a fit state
of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking
water and food sufficient in quantity, quality and variety to maintain them in
good health, and also with the necessary clothing, adequate shelter and the
necessary medical attention. The Detaining Power shall take all suitable
precautions to ensure their safety during transfer, and shall establish before their
departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be
transferred if the journey would be seriously detrimental to them, unless their
safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the
said place shall not be transferred unless their removal can be carried out in
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adequate conditions of safety, or unless they are exposed to greater risks by
remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining
Power shall take their interests into account and, in particular, shall not do
anything to increase the difficulties of repatriating them or returning them to
their own homes.
ARTICLE 128
In the event of transfer, internees shall be officially advised of their
departure and of their new postal address. Such notification shall be given in
time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited if the conditions of transfer so require, but in no case to
less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be
forwarded to them without delay.
The commandant of the place of internment shall take, in agreement with
the Internee Committee, any measures needed to ensure the transport of the
internees’ community property and of the luggage the internees are unable to
take with them in consequence of restrictions imposed by virtue of the second
paragraph.
CHAPTER XI.—DEATHS
ARTICLE 129
The wills of internees shall be received for safe-keeping by the responsible
authorities; and in the event of the death of an internee his will shall be
transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death
certificate shall be made out, showing the causes of death and the conditions
under which it occurred.
An official record of the death, duly registered, shall be drawn up in
accordance with the procedure relating thereto in force in the territory where the
place of internment is situated, and a duly certified copy of such record shall be
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transmitted without delay to the Protecting Power as well as to the Central
Agency referred to in Article 140.
ARTICLE 130
The detaining authorities shall ensure that internees who die while interned
are honourably buried, if possible according to the rites of the religion to which
they belonged, and that their graves are respected, properly maintained, and
marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable
circumstances require the use of collective graves. Bodies may be cremated
only for imperative reasons of hygiene, on account of the religion of the
deceased or in accordance with his expressed wish to this effect. In case of
cremation, the fact shall be stated and the reasons given in the death certificate
of the deceased. The ashes shall be retained for safe-keeping by the detaining
authorities and shall be transferred as soon as possible to the next of kin on their
request.
As soon as circumstances permit, and not later than the close of hostilities,
the Detaining Power shall forward lists of graves of deceased internees to the
Powers on whom the deceased internees depended, through the Information
Bureaux provided for in Article 136. Such lists shall include all particulars
necessary for the identification of the deceased internees, as well as the exact
location of their graves.
ARTICLE 131
Every death or serious injury of an internee, caused or suspected to have
been caused by a sentry, another internee or any other person, as well as any
death the cause of which is unknown, shall be immediately followed by an
official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the
Protecting Power. The evidence of any witnesses shall be taken, and a report
including such evidence shall be prepared and forwarded to the said Protecting
Power.
If the enquiry indicates the guilt of one or more persons, the Detaining
Power shall take all necessary steps to ensure the prosecution of the person or
persons responsible.
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CHAPTER XII.—RELEASE, REPATRIATION AND ACCOMMODATION IN
NEUTRAL COUNTRIES
ARTICLE 132
Each interned person shall be released by the Detaining Power as soon as
the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of
hostilities, to conclude agreements for the release, the repatriation, the return to
places of residence or the accommodation in a neutral country of certain classes
of internees, in particular children, pregnant women and mothers with infants
and young children, wounded and sick, and internees who have been detained
for a long time.
ARTICLE 133
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal
proceedings are pending for offences not exclusively subject to disciplinary
penalties, may be detained until the close of such proceedings and, if
circumstances require, until the completion of the penalty. The same shall apply
to internees who have been previously sentenced to a punishment depriving
them of liberty.
By agreement between the Detaining Power and the Powers concerned,
committees may be set up after the close of hostilities, or of the occupation of
territories, to seach for dispersed internees.
ARTICLE 134
The High Contracting Parties shall endeavour, upon the close of hostilities
or occupation, to ensure the return of all internees to their last place of
residence, or to facilitate their repatriation.
ARTICLE 135
The Detaining Power shall bear the expense of returning released internees
to the places where they were residing when interned, or, if it took them into
custody while they were in transit or on the high seas, the cost of completing
their journey or of their return to their point of departure.
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Where a Detaining Power refuses permission to reside in its territory to a
released internee who previously had his permanent domicile therein, such
Detaining Power shall pay the cost of the said internee’s repatriation. If,
however, the internee elects to return to his country on his own responsibility or
in obedience to the Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey beyond the point of
his departure from its territory. The Detaining Power need not pay the costs of
repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring
and receiving Powers shall agree on the portion of the above costs to be borne
by each.
The foregoing shall not prejudice such special agreements as may be
concluded between Parties to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
SECTION V.—INFORMATION BUREAUX AND CENTRAL AGENCY
ARTICLE 136
Upon the outbreak of a conflict and in all cases of occupation, each of the
Parties to the conflict shall establish an official Information Bureau responsible
for receiving and transmitting information in respect of the protected persons
who are in its power.
Each of the Parties to the conflict shall, within the shortest possible period,
give its Bureau information of any measure taken by it concerning any
protected persons who are kept in custody for more than two weeks, who are
subjected to assigned residence or who are interned. It shall, furthermore,
require its various departments concerned with such matters to provide the
aforesaid Bureau promptly with information concerning all changes pertaining
to these protected persons, as, for example, transfers, releases, repatriations,
escapes, admittances to hospitals, births and deaths.
ARTICLE 137
Each national Bureau shall immediately forward information concerning
protected persons by the most rapid means to the Powers of whom the aforesaid
persons are nationals, or to Powers in whose territory they resided, through the
intermediary of the Protecting Powers and likewise through the Central Agency
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provided for in Article 140. The Bureaux shall also reply to all enquiries which
may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected
person unless its transmission might be detrimental to the person concerned or
to his or her relatives. Even in such a case, the information may not be withheld
from the Central Agency which, upon being notified of the circumstances, will
take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated
by a signature or a seal.
ARTICLE 138
The information received by the national Bureau and transmitted by it shall
be of such a character as to make it possible to identify the protected person
exactly and to advise his next of kin quickly. The information in respect of each
person shall include at least his surname, first names, place and date of birth,
nationality, last residence and distinguishing characteristics, the first name of
the father and the maiden name of the mother, the date, place and nature of the
action taken with regard to the individual, the address at which correspondence
may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are
seriously ill or seriously wounded shall be supplied regularly and if possible
every week.
ARTICLE 139
Each national Information Bureau shall, furthermore, be responsible for
collecting all personal valuables left by protected persons mentioned in Article
136, in particular those who have been repatriated or released, or who have
escaped or died; it shall forward the said valuables to those concerned, either
direct, or, if necessary, through the Central Agency. Such articles shall be sent
by the Bureau in sealed packets which shall be accompanied by statements
giving clear and full identity particulars of the person to whom the articles
belonged, and by a complete list of the contents of the parcel. Detailed records
shall be maintained of the receipt and despatch of all such valuables.
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ARTICLE 140
A Central Information Agency for protected persons, in particular for
internees, shall be created in a neutral country. The International Committee of
the Red Cross shall, if it deems necessary, propose to the Powers concerned the
organization of such an Agency, which may be the same as that provided for in
Article 123 of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
The function of the Agency shall be to collect all information of the type
set forth in Article 136 which it may obtain through official or private channels
and to transmit it as rapidly as possible to the countries of origin or of residence
of the persons concerned, except in cases where such transmissions might be
detrimental to the persons whom the said information concerns, or to their
relatives. It shall receive from the Parties to the conflict all reasonable facilities
for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals
benefit by the services of the Central Agency, are requested to give the said
Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the
humanitarian activities of the International Committee of the Red Cross and of
the relief societies described in Article 142.
ARTICLE 141
The national Information Bureaux and the Central Information Agency
shall enjoy free postage for all mail, likewise the exemptions provided for in
Article 110, and further, so far as possible, exemption from telegraphic charges
or, at least, greatly reduced rates.
PART IV.—EXECUTION OF THE CONVENTION
SECTION I.—GENERAL PROVISIONS
ARTICLE 142
Subject to the measures which the Detaining Powers may consider
essential to ensure their security or to meet any other reasonable need, the
representatives of religious organizations, relief societies, or any other
organizations assisting the protected persons, shall receive from these Powers,
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for themselves or their duly accredited agents, all facilities for visiting the
protected persons, for distributing relief supplies and material from any source,
intended for educational, recreational or religious purposes, or for assisting
them in organizing their leisure time within the places of internment. Such
societies or organizations may be constituted in the territory of the Detaining
Power, or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations
whose delegates are allowed to carry out their activities in its territory and under
its supervision, on condition, however, that such limitation shall not hinder the
supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in
this field shall be recognized and respected at all times.
ARTICLE 143
Representatives or delegates of the Protecting Powers shall have
permission to go to all places where protected persons are, particularly to places
of internment, detention and work.
They shall have access to all premises occupied by protected persons and
shall be able to interview the latter without witnesses, personally or through an
interpreter.
Such visits may not be prohibited except for reasons of imperative military
necessity, and then only as an exceptional and temporary measure. Their
duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the
places they wish to visit. The Detaining or Occupying Power, the Protecting
Power and when occasion arises the Power of origin of the persons to be visited,
may agree that compatriots of the internees shall be permitted to participate in
the visits.
The delegates of the International Committee of the Red Cross shall also
enjoy the above prerogatives. The appointment of such delegates shall be
submitted to the approval of the Power governing the territories where they will
carry out their duties.
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ARTICLE 144
The High Contracting Parties undertake, in time of peace as in time of war,
to disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war
assume responsibilities in respect of protected persons, must possess the text of
the Convention and be specially instructed as to its provisions.
ARTICLE 145
The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the laws
and regulations which they may adopt to ensure the application thereof.
ARTICLE 146
The High Contracting Parties undertake to enact any legislation necessary
to provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons alleged to have committed, or to have ordered to be committed, such
grave breaches, and shall bring such persons, regardless of their nationality,
before its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has
made out a prima facie case.
Each High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present Convention
other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper trial and defence, which shall not be less favourable than those provided
by Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
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ARTICLE 147
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the present Convention: wilful killing, torture or inhuman
treatment, including biological experiments, wilfully causing great suffering or
serious injury to body or health, unlawful deportation or transfer or unlawful
confinement of a protected person, compelling a protected person to serve in the
forces of a hostile Power, or wilfully depriving a protected person of the rights
of fair and regular trial prescribed in the present Convention, taking of hostages
and extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly.
ARTICLE 148
No High Contracting Party shall be allowed to absolve itself or any other
High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.
ARTICLE 149
At the request of a Party to the conflict, an enquiry shall be instituted, in a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the
enquiry, the Parties should agree on the choice of an umpire who will decide
upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put
an end to it and shall repress it with the least possible delay.
SECTION II.—FINAL PROVISIONS
ARTICLE 150
The present Convention is established in English and in French. Both texts
are equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
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ARTICLE 151
The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949.
ARTICLE 152
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
ARTICLE 153
The present Convention shall come into force six months after not less than
two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months after the deposit of the instrument of ratification.
ARTICLE 154
In the relations between the Powers who are bound by The Hague
Conventions respecting the Laws and Customs of War on Land, whether that of
July 29, 1899, or that of October 18, 1907, and who are parties to the present
Convention, this last Convention shall be supplementary to Sections II and III
of the Regulations annexed to the above mentioned Conventions of The Hague.
ARTICLE 155
From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ARTICLE 156
Accessions shall be notified in writing to the Swiss Federal Council, and
shall take effect six months after the date on which they are received.
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The Swiss Federal Council shall communicate the accessions to all the
Powers in whose name the Convention has been signed, or whose accession has
been notified.
ARTICLE 157
The situations provided for in Articles 2 and 3 shall give immediate effect
to ratifications deposited and accessions notified by the Parties to the conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
ARTICLE 158
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof
has been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a conflict shall not take effect until peace has been concluded, and until after
operations connected with the release, repatriation and re-establishment of the
persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing
Power. It shall in no way impair the obligations which the Parties to the conflict
shall remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the laws
of humanity and the dictates of the public conscience.
ARTICLE 159
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
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DONE at Geneva this twelfth day of August, 1949, in the English and
French languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof
to each of the signatory and acceding States.
[Here follow the signatures and Annexes.]
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Schedule 5—Protocol Additional to the
Geneva Conventions of 12 August
1949, and relating to the Protection of
Victims of International Armed
Conflicts (Protocol I) Section 5
PREAMBLE
The High Contracting Parties,
Proclaiming their earnest wish to see peace prevail among peoples,
Recalling that every State has the duty, in conformity with the Charter of
the United Nations, to refrain in its international relations from the threat or use
of force against the sovereignty, territorial integrity or political independence of
any State, or in any other manner inconsistent with the purposes of the United
Nations,
Believing it necessary nevertheless to reaffirm and develop the provisions
protecting the victims of armed conflicts and to supplement measures intended
to reinforce their application,
Expressing their conviction that nothing in this Protocol or in the Geneva
Conventions of 12 August 1949 can be construed as legitimizing or authorizing
any act of aggression or any other use of force inconsistent with the Charter of
the United Nations,
Reaffirming further that the provisions of the Geneva Conventions of
12 August 1949 and of this Protocol must be fully applied in all circumstances
to all persons who are protected by those instruments, without any adverse
distinction based on the nature or origin of the armed conflict or on the causes
espoused by or attributed to the Parties to the conflict,
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Have agreed on the following:
PART I
GENERAL PROVISIONS
Article 1—General principles and scope of application
1. The High Contracting Parties undertake to respect and to ensure respect
for this Protocol in all circumstances.
2. In cases not covered by this Protocol or by other international
agreements, civilians and combatants remain under the protection and authority
of the principles of international law derived from established custom, from the
principles of humanity and from the dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of
12 August 1949 for the protection of war victims, shall apply in the situations
referred to in Article 2 common to those Conventions.
4. The situations referred to in the preceding paragraph include armed
conflicts in which peoples are fighting against colonial domination and alien
occupation and against racist régimes in the exercise of their right of
self-determination, as enshrined in the Charter of the United Nations and the
Declaration on Principles of International Law concerning Friendly Relations
and Co-operation among States in accordance with the Charter of the United
Nations.
Article 2—Definitions
For the purposes of this Protocol:
(a) “First Convention”, “Second Convention”, “Third Convention” and
“Fourth Convention” mean, respectively, the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of 12 August 1949; the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of 12 August 1949; the Geneva
Convention relative to the Treatment of Prisoners of War of 12 August
1949; the Geneva Convention relative to the Protection of Civilian
Persons in Time of War of 12 August 1949; “the Conventions” means
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the four Geneva Conventions of 12 August 1949 for the protection of
war victims;
(b) “rules of international law applicable in armed conflict” means the rules
applicable in armed conflict set forth in international agreements to
which the Parties to the conflict are Parties and the generally recognized
principles and rules of international law which are applicable to armed
conflict;
(c) “Protecting Power” means a neutral or other State not a Party to the
conflict which has been designated by a Party to the conflict and
accepted by the adverse Party and has agreed to carry out the functions
assigned to a Protecting Power under the Conventions and this Protocol;
(d) “substitute” means an organization acting in place of a Protecting
Power in accordance with Article 5.
Article 3—Beginning and end of application
Without prejudice to the provisions which are applicable at all times:
(a) the Conventions and this Protocol shall apply from the beginning of any
situation referred to in Article 1 of this Protocol;
(b) the application of the Conventions and of this Protocol shall cease, in
the territory of Parties to the conflict, on the general close of military
operations and, in the case of occupied territories, on the termination of
the occupation, except, in either circumstance, for those persons whose
final release, repatriation or re-establishment takes place thereafter.
These persons shall continue to benefit from the relevant provisions of
the Conventions and of this Protocol until their final release,
repatriation or re-establishment.
Article 4—Legal status of the Parties to the conflict
The application of the Conventions and of this Protocol, as well as the
conclusion of the agreements provided for therein, shall not affect the legal
status of the Parties to the conflict. Neither the occupation of a territory nor the
application of the Conventions and this Protocol shall affect the legal status of
the territory in question.
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Article 5—Appointment of Protecting Powers and of their substitute
1. It is the duty of the Parties to a conflict from the beginning of that
conflict to secure the supervision and implementation of the Conventions and of
this Protocol by the application of the system of Protecting Powers, including
inter alia the designation and acceptance of those Powers, in accordance with
the following paragraphs. Protecting Powers shall have the duty of safeguarding
the interests of the parties to the conflict.
2. From the beginning of a situation referred to in Article 1, each Party to
the conflict shall without delay designate a Protecting Power for the purpose of
applying the Conventions and this Protocol and shall, likewise without delay
and for the same purpose, permit the activities of a Protecting Power which has
been accepted by it as such after designation by the adverse Party.
3. If a Protecting Power has not been designated or accepted from the
beginning of a situation referred to in Article 1, the International Committee of
the Red Cross, without prejudice to the right of any other impartial
humanitarian organization to do likewise, shall offer its good offices to the
Parties to the conflict with a view to the designation without delay of a
Protecting Power to which the Parties to the conflict consent. For that purpose it
may, inter alia, ask each Party to provide it with a list of at least five States
which that Party considers acceptable to act as Protecting Power on its behalf in
relation to an adverse Party, and ask each adverse Party to provide a list of at
least five States which it would accept as the Protecting Power of the first Party;
these lists shall be communicated to the Committee within two weeks after the
receipt of the request; it shall compare them and seek the agreement of any
proposed State named on both lists.
4. If, despite the foregoing, there is no Protecting Power, the Parties to the
conflict shall accept without delay an offer which may be made by the
International Committee of the Red Cross or by any other organization which
offers all guarantees of impartiality and efficacy, after due consultations with
the said Parties and taking into account the result of these consultations, to act
as a substitute. The functioning of such a substitute is subject to the consent of
the Parties to the conflict; every effort shall be made by the Parties to the
conflict to facilitate the operations of the substitute in the performance of its
tasks under the Conventions and this Protocol.
5. In accordance with Article 4, the designation and acceptance of
Protecting Powers for the purpose of applying the Conventions and this
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Protocol shall not affect the legal status of the Parties to the conflict or of any
territory, including occupied territory.
6. The maintenance of diplomatic relations between Parties to the conflict
or the entrusting of the protection of a Party's interests and those of its nationals
to a third State in accordance with the rules of international law relating to
diplomatic relations is no obstacle to the designation of Protecting Powers for
the purpose of applying the Conventions and this Protocol.
7. Any subsequent mention in this Protocol of a Protecting Power includes
also a substitute.
Article 6—Qualified persons
1. The High Contracting Parties shall, also in peacetime, endeavour, with
the assistance of the national Red Cross (Red Crescent, Red Lion and Sun)
Societies, to train qualified personnel to facilitate the application of the
Conventions and of this Protocol, and in particular the activities of the
Protecting Powers.
2. The recruitment and training of such personnel are within domestic
jurisdiction.
3. The International Committee of the Red Cross shall hold at the disposal
of the High Contracting Parties the lists of persons so trained which the High
Contracting Parties may have established and may have transmitted to it for that
purpose.
4. The conditions governing the employment of such personnel outside the
national territory shall, in each case, be the subject of special agreements
between the Parties concerned.
Article 7—Meetings
The depositary of this Protocol shall convene a meeting of the High
Contracting Parties, at the request of one or more of the said Parties and upon
the approval of the majority of the said parties, to consider general problems
concerning the application of the Conventions and of the Protocol.
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PART II
WOUNDED, SICK AND SHIPWRECKED
SECTION I
GENERAL PROTECTION
Article 8—Terminology
For the purposes of this Protocol:
(a) “wounded” and “sick” mean persons, whether military or civilian, who,
because of trauma, disease or other physical or mental disorder or
disability, are in need of medical assistance or care and who refrain
from any act of hostility. These terms also cover maternity cases,
new-born babies and other persons who may be in need of immediate
medical assistance or care, such as the infirm or expectant mothers, and
who refrain from any act of hostility;
(b) “shipwrecked” means persons, whether military or civilian, who are in
peril at sea or in other waters as a result of misfortune affecting them or
the vessel or aircraft carrying them and who refrain from any act of
hostility. These persons, provided that they continue to refrain from any
act of hostility, shall continue to be considered shipwrecked during their
rescue until they acquire another status under the Conventions or this
Protocol;
(c) “medical personnel” means those persons assigned, by a Party to the
conflict, exclusively to the medical purposes enumerated under
sub-paragraph (e) or to the administration of medical units or to the
operation or administration of medical transports. Such assignments
may be either permanent or temporary. The term includes:
(i) medical personnel of a Party to the conflict, whether military or
civilian, including those described in the First and Second
Conventions, and those assigned to civil defence organizations;
(ii) medical personnel of national Red Cross (Red Crescent, Red
Lion and Sun) Societies and other national voluntary aid societies
duly recognized and authorized by a Party to the conflict;
(iii) medical personnel of medical units or medical transports
described in Article 9, paragraph 2;
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(d) “religious personnel” means military or civilian persons, such as
chaplains, who are exclusively engaged in the work of their ministry
and attached:
(i) to the armed forces of a Party to the conflict;
(ii) to medical units or medical transports of a Party to the conflict;
(iii) to medical units or medical transports described in Article 9,
paragraph 2; or
(iv) to civil defence organizations of a Party to the conflict.
The attachment of religious personnel may be either permanent or
temporary, and the relevant provisions mentioned under
sub-paragraph (k) apply to them;
(e) “medical units” means establishments and other units, whether military
or civilian, organized for medical purposes, namely the search for,
collection, transportation, diagnosis or treatment—including first aid
treatment—of the wounded, sick and shipwrecked, or for the prevention
of disease. The term includes, for example, hospitals and other similar
units, blood transfusion centres, preventive medicine centres and
institutes, medical depots and the medical and pharmaceutical stores of
such units. Medical units may be fixed or mobile, permanent or
temporary;
(f) “medical transportation” means the conveyance by land, water or air of
the wounded, sick, shipwrecked, medical personnel, religious
personnel, medical equipment or medical supplies protected by the
Conventions and by this Protocol;
(g) “medical transports” means any means of transportation, whether
military or civilian, permanent or temporary, assigned exclusively to
medical transportation and under the control of a competent authority of
a Party to the conflict;
(h) “medical vehicles” means any medical transports by land;
(i) “medical ships and craft” means any medical transports by water;
(j) “medical aircraft” means any medical transports by air;
(k) “permanent medical personnel”, “permanent medical units” and
“permanent medical transports” mean those assigned exclusively to
medical purposes for an indeterminate period. “Temporary medical
personnel”, “temporary medical units” and “temporary medical
transports” mean those devoted exclusively to medical purposes for
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limited periods during the whole of such periods. Unless otherwise
specified, the terms “medical personnel”, “medical units” and “medical
transports” cover both permanent and temporary categories;
(l) “distinctive emblem” means the distinctive emblem of the red cross, red
crescent or red lion and sun on a white ground when used for the
protection of medical units and transports, or medical and religious
personnel, equipment or supplies;
(m) “distinctive signal” means any signal or message specified for the
identification exclusively of medical units or transports in Chapter III of
Annex I to this Protocol.
Article 9—Field of application
1. This Part, the provisions of which are intended to ameliorate the
condition of the wounded, sick and shipwrecked, shall apply to all those
affected by a situation referred to in Article 1, without any adverse distinction
founded on race, colour, sex, language, religion or belief, political or other
opinion, national or social origin, wealth, birth or other status, or on any other
similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First Convention
shall apply to permanent medical units and transports (other than hospital ships,
to which Article 25 of the Second Convention applies) and their personnel made
available to a Party to the conflict for humanitarian purposes:
(a) by a neutral or other State which is not a Party to that conflict;
(b) by a recognized and authorized aid society of such a State;
(c) by an impartial international humanitarian organization.
Article 10—Protection and care
1. All the wounded, sick and shipwrecked, to whichever Party they
belong, shall be respected and protected.
2. In all circumstances they shall be treated humanely and shall receive, to
the fullest extent practicable and with the least possible delay, the medical care
and attention required by their condition. There shall be no distinction among
them founded on any grounds other than medical ones.
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Article 11—Protection of persons
1. The physical or mental health and integrity of persons who are in the
power of the adverse Party or who are interned, detained or otherwise deprived
of liberty as a result of a situation referred to in Article 1 shall not be
endangered by any unjustified act or omission. Accordingly, it is prohibited to
subject the persons described in this Article to any medical procedure which is
not indicated by the state of health of the person concerned and which is not
consistent with generally accepted medical standards which would be applied
under similar medical circumstances to persons who are nationals of the Party
conducting the procedure and who are in no way deprived of liberty.
2. It is, in particular, prohibited to carry out on such persons, even with
their consent:
(a) physical mutilations;
(b) medical or scientific experiments;
(c) removal of tissue or organs for transplantation,
except where these acts are justified in conformity with the conditions provided
for in paragraph 1.
3. Exceptions to the prohibition in paragraph 2 (c) may be made only in
the case of donations of blood for transfusion or of skin for grafting, provided
that they are given voluntarily and without any coercion or inducement, and
then only for therapeutic purposes, under conditions consistent with generally
accepted medical standards and controls designed for the benefit of both the
donor and the recipient.
4. Any wilful act or omission which seriously endangers the physical or
mental health or integrity of any person who is in the power of a Party other
than the one on which he depends and which either violates any of the
prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of
paragraph 3 shall be a grave breach of this Protocol.
5. The persons described in paragraph 1 have the right to refuse any
surgical operation. In case of refusal, medical personnel shall endeavour to
obtain a written statement to that effect, signed or acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for every
donation of blood for transfusion or skin for grafting by persons referred to in
paragraph 1, if that donation is made under the responsibility of that Party. In
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addition, each Party to the conflict shall endeavour to keep a record of all
medical procedures undertaken with respect to any person who is interned,
detained or otherwise deprived of liberty as a result of a situation referred to in
Article 1. These records shall be available at all times for inspection by the
Protecting Power.
Article 12—Protection of medical units
1. Medical units shall be respected and protected at all times and shall not
be the object of attack.
2. Paragraph 1 shall apply to civilian medical units, provided that they:
(a) belong to one of the Parties to the conflict;
(b) are recognized and authorized by the competent authority of one of the
Parties to the conflict; or
(c) are authorized in conformity with Article 9, paragraph 2, of this
Protocol or Article 27 of the First Convention.
3. The Parties to the conflict are invited to notify each other of the location
of their fixed medical units. The absence of such notification shall not exempt
any of the Parties from the obligation to comply with the provisions of
paragraph 1.
4. Under no circumstances shall medical units be used in an attempt to
shield military objectives from attack. Whenever possible, the Parties to the
conflict shall ensure that medical units are so sited that attacks against military
objectives do not imperil their safety.
Article 13—Discontinuance of protection of civilian medical units
1. The protection to which civilian medical units are entitled shall not
cease unless they are used to commit, outside their humanitarian function, acts
harmful to the enemy. Protection may, however, cease only after a warning has
been given setting, whenever appropriate, a reasonable time-limit, and after
such warning has remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
(a) that the personnel of the unit are equipped with light individual
weapons for their own defence or for that of the wounded and sick in
their charge;
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(b) that the unit is guarded by a picket or by sentries or by an escort;
(c) that small-arms and ammunition taken from the wounded and sick, and
not yet handed to the proper service, are found in the units;
(d) that members of the armed forces or other combatants are in the unit for
medical reasons.
Article 14—Limitations on requisition of civilian medical units
1. The Occupying Power has the duty to ensure that the medical needs of
the civilian population in occupied territory continue to be satisfied.
2. The Occupying Power shall not, therefore, requisition civilian medical
units, their equipment, their matériel or the services of their personnel, so long
as these resources are necessary for the provision of adequate medical services
for the civilian population and for the continuing medical care of any wounded
and sick already under treatment.
3. Provided that the general rule in paragraph 2 continues to be observed,
the Occupying Power may requisition the said resources, subject to the
following particular conditions:
(a) that the resources are necessary for the adequate and immediate medical
treatment of the wounded and sick members of the armed forces of the
Occupying Power or of prisoners of war;
(b) that the requisition continues only while such necessity exists; and
(c) that immediate arrangements are made to ensure that the medical needs
of the civilian population, as well as those of any wounded and sick
under treatment who are affected by the requisition, continue to be
satisfied.
Article 15—Protection of civilian medical and religious personnel
1. Civilian medical personnel shall be respected and protected.
2. If needed, all available help shall be afforded to civilian medical
personnel in an area where civilian medical services are disrupted by reason of
combat activity.
3. The Occupying Power shall afford civilian medical personnel in
occupied territories every assistance to enable them to perform, to the best of
their ability, their humanitarian functions. The Occupying Power may not
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require that, in the performance of those functions, such personnel shall give
priority to the treatment of any person except on medical grounds. They shall
not be compelled to carry out tasks which are not compatible with their
humanitarian mission.
4. Civilian medical personnel shall have access to any place where their
services are essential, subject to such supervisory and safety measures as the
relevant Party to the conflict may deem necessary.
5. Civilian religious personnel shall be respected and protected. The
provisions of the Conventions and of this Protocol concerning the protection
and identification of medical personnel shall apply equally to such persons.
Article 16—General protection of medical duties
1. Under no circumstances shall any person be punished for carrying out
medical activities compatible with medical ethics, regardless of the person
benefiting therefrom.
2. Persons engaged in medical activities shall not be compelled to perform
acts or to carry out work contrary to the rules of medical ethics or to other
medical rules designed for the benefit of the wounded and sick or to the
provisions of the Conventions or of this Protocol, or to refrain from performing
acts or from carrying out work required by those rules and provisions.
3. No person engaged in medical activities shall be compelled to give to
anyone belonging either to an adverse Party, or to his own Party except as
required by the law of the latter Party, any information concerning the wounded
and sick who are, or who have been, under his care, if such information would,
in his opinion, prove harmful to the patients concerned or to their families.
Regulations for the compulsory notification of communicable diseases shall,
however, be respected.
Article 17—Role of the civilian population and of aid societies
1. The civilian population shall respect the wounded, sick and
shipwrecked, even if they belong to the adverse Party, and shall commit no act
of violence against them. The civilian population and aid societies, such as
national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be
permitted, even on their own initiative, to collect and care for the wounded, sick
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and shipwrecked, even in invaded or occupied areas. No one shall be harmed,
prosecuted, convicted or punished for such humanitarian acts.
2. The Parties to the conflict may appeal to the civilian population and the
aid societies referred to in paragraph 1 to collect and care for the wounded, sick
and shipwrecked, and to search for the dead and report their location; they shall
grant both protection and the necessary facilities to those who respond to this
appeal. If the adverse Party gains or regains control of the area, that Party also
shall afford the same protection and facilities for so long as they are needed.
Article 18—Identification
1. Each Party to the conflict shall endeavour to ensure that medical and
religious personnel and medical units and transports are identifiable.
2. Each Party to the conflict shall also endeavour to adopt and to
implement methods and procedures which will make it possible to recognize
medical units and transports which use the distinctive emblem and distinctive
signals.
3. In occupied territory and in areas where fighting is taking place or is
likely to take place, civilian medical personnel and civilian religious personnel
should be recognizable by the distinctive emblem and an identity card certifying
their status.
4. With the consent of the competent authority, medical units and
transports shall be marked by the distinctive emblem. The ships and craft
referred to in Article 22 of this Protocol shall be marked in accordance with the
provisions of the Second Convention.
5. In addition to the distinctive emblem, a Party to the conflict may, as
provided in Chapter III of Annex I to this Protocol, authorize the use of
distinctive signals to identify medical units and transports. Exceptionally, in the
special cases covered in that Chapter, medical transports may use distinctive
signals without displaying the distinctive emblem.
6. The application of the provisions of paragraphs 1 to 5 of this Article is
governed by Chapters I to III of Annex I to this Protocol. Signals designated in
Chapter III of the Annex for the exclusive use of medical units and transports
shall not, except as provided therein, be used for any purpose other than to
identify the medical units and transports specified in that Chapter.
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7. This Article does not authorize any wider use of the distinctive emblem
in peacetime than is prescribed in Article 44 of the First Convention.
8. The provisions of the Conventions and of this Protocol relating to
supervision of the use of the distinctive emblem and to the prevention and
repression of any misuse thereof shall be applicable to distinctive signals.
Article 19—Neutral and other States not Parties to the conflict
Neutral and other States not Parties to the conflict shall apply the relevant
provisions of this Protocol to persons protected by this Part who may be
received or interned within their territory, and to any dead of the Parties to that
conflict whom they may find.
Article 20—Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are
prohibited.
SECTION II
MEDICAL TRANSPORTATION
Article 21—Medical vehicles
Medical vehicles shall be respected and protected in the same way as mobile
medical units under the Conventions and this Protocol.
Article 22—Hospital ships and coastal rescue craft
1. The provisions of the Conventions relating to:
(a) vessels described in Articles 22, 24, 25 and 27 of the Second
Convention,
(b) their lifeboats and small craft,
(c) their personnel and crews, and
(d) the wounded, sick and shipwrecked on board,
shall also apply where these vessels carry civilian wounded, sick and
shipwrecked who do not belong to any of the categories mentioned in Article 13
of the Second Convention. Such civilians shall not, however, be subject to
surrender to any Party which is not their own, or to capture at sea. If they find
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themselves in the power of a Party to the conflict other than their own they shall
be covered by the Fourth Convention and by this Protocol.
2. The protection provided by the Conventions to vessels described in
Article 25 of the Second Convention shall extend to hospital ships made
available for humanitarian purposes to a Party to the conflict:
(a) by a neutral or other State which is not a Party to that conflict; or
(b) by an impartial international humanitarian organization,
provided that, in either case, the requirements set out in that Article are
complied with.
3. Small craft described in Article 27 of the Second Convention shall be
protected even if the notification envisaged by that Article has not been made.
The Parties to the conflict are, nevertheless, invited to inform each other of any
details of such craft which will facilitate their identification and recognition.
Article 23—Other medical ships and craft
1. Medical ships and craft other than those referred to in Article 22 of this
Protocol and Article 38 of the Second Convention shall, whether at sea or in
other waters, be respected and protected in the same way as mobile medical
units under the Conventions and this Protocol. Since this protection can only be
effective if they can be identified and recognized as medical ships or craft, such
vessels should be marked with the distinctive emblem and as far as possible
comply with the second paragraph of Article 43 of the Second Convention.
2. The ships and craft referred to in paragraph 1 shall remain subject to the
laws of war. Any warship on the surface able immediately to enforce its
command may order them to stop, order them off, or make them take a certain
course, and they shall obey every such command. Such ships and craft may not
in any other way be diverted from their medical mission so long as they are
needed for the wounded, sick and shipwrecked on board.
3. The protection provided in paragraph 1 shall cease only under the
conditions set out in Articles 34 and 35 of the Second Convention. A clear
refusal to obey a command given in accordance with paragraph 2 shall be an act
harmful to the enemy under Article 34 of the Second Convention.
4. A Party to the conflict may notify any adverse Party as far in advance of
sailing as possible of the name, description, expected time of sailing, course and
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estimated speed of the medical ship or craft, particularly in the case of ships of
over 2,000 gross tons, and may provide any other information which would
facilitate identification and recognition. The adverse Party shall acknowledge
receipt of such information.
5. The provisions of Article 37 of the Second Convention shall apply to
medical and religious personnel in such ships and craft.
6. The provisions of the Second Convention shall apply to the wounded,
sick and shipwrecked belonging to the categories referred to in Article 13 of the
Second Convention and in Article 44 of this Protocol who may be on board
such medical ships and craft. Wounded, sick and shipwrecked civilians who do
not belong to any of the categories mentioned in Article 13 of the Second
Convention shall not be subject, at sea, either to surrender to any Party which is
not their own, or to removal from such ships or craft; if they find themselves in
the power of a Party to the conflict other than their own, they shall be covered
by the Fourth Convention and by this Protocol.
Article 24—Protection of medical aircraft
Medical aircraft shall be respected and protected, subject to the provisions of
this Part.
Article 25—Medical aircraft in areas not controlled by an adverse Party
In and over land areas physically controlled by friendly forces, or in and
over sea areas not physically controlled by an adverse Party, the respect and
protection of medical aircraft of a Party to the conflict is not dependent on any
agreement with an adverse Party. For greater safety, however, a Party to the
conflict operating its medical aircraft in these areas may notify the adverse
Party, as provided in Article 29, in particular when such aircraft are making
flights bringing them within range of surface-to-air weapons systems of the
adverse Party.
Article 26—Medical aircraft in contact or similar zones
1. In and over those parts of the contact zone which are physically
controlled by friendly forces and in and over those areas the physical control of
which is not clearly established, protection for medical aircraft can be fully
effective only by prior agreement between the competent military authorities of
the Parties to the conflict, as provided for in Article 29. Although, in the
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absence of such an agreement, medical aircraft operate at their own risk, they
shall nevertheless be respected after they have been recognized as such.
2. “Contact zone” means any area on land where the forward elements of
opposing forces are in contact with each other, especially where they are
exposed to direct fire from the ground.
Article 27—Medical aircraft in areas controlled by an adverse Party
1. The medical aircraft of a Party to the conflict shall continue to be
protected while flying over land or sea areas physically controlled by an adverse
Party, provided that prior agreement to such flights has been obtained from the
competent authority of that adverse Party.
2. A medical aircraft which flies over an area physically controlled by an
adverse Party without, or in deviation from the terms of, an agreement provided
for in paragraph 1, either through navigational error or because of an emergency
affecting the safety of the flight, shall make every effort to identify itself and to
inform the adverse Party of the circumstances. As soon as such medical aircraft
has been recognized by the adverse Party, that Party shall make all reasonable
efforts to give the order to land or to alight on water, referred to in Article 30,
paragraph 1, or to take other measures to safeguard its own interests, and, in
either case, to allow the aircraft time for compliance, before resorting to an
attack against the aircraft.
Article 28—Restrictions on operations of medical aircraft
1. The Parties to the conflict are prohibited from using their medical
aircraft to attempt to acquire any military advantage over an adverse Party. The
presence of medical aircraft shall not be used in an attempt to render military
objectives immune from attack.
2. Medical aircraft shall not be used to collect or transmit intelligence data
and shall not carry any equipment intended for such purposes. They are
prohibited from carrying any persons or cargo not included within the definition
in Article 8, sub-paragraph (f). The carrying on board of the personal effects of
the occupants or of equipment intended solely to facilitate navigation,
communication or identification shall not be considered as prohibited.
3. Medical aircraft shall not carry any armament except small-arms and
ammunition taken from the wounded, sick and shipwrecked on board and not
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yet handed to the proper service, and such light individual weapons as may be
necessary to enable the medical personnel on board to defend themselves and
the wounded, sick and shipwrecked in their charge.
4. While carrying out the flights referred to in Articles 26 and 27, medical
aircraft shall not, except by prior agreement with the adverse Party, be used to
search for the wounded, sick and shipwrecked.
Article 29—Notifications and agreements concerning medical aircraft
1. Notifications under Article 25, or requests for prior agreement under
Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of
medical aircraft, their flight plans and means of identification, and shall be
understood to mean that every flight will be carried out in compliance with
Article 28.
2. A Party which receives a notification given under Article 25 shall at
once acknowledge receipt of such notification.
3. A Party which receives a request for prior agreement under Articles 26,
27, 28 (paragraph 4), or 31 shall, as rapidly as possible, notify the requesting
Party:
(a) that the request is agreed to;
(b) that the request is denied; or
(c) of reasonable alternative proposals to the request. It may also propose a
prohibition or restriction of other flights in the area during the time
involved. If the Party which submitted the request accepts the
alternative proposals, it shall notify the other Party of such acceptance.
4. The Parties shall take the necessary measures to ensure that
notifications and agreements can be made rapidly.
5. The Parties shall also take the necessary measures to disseminate
rapidly the substance of any such notifications and agreements to the military
units concerned and shall instruct those units regarding the means of
identification that will be used by the medical aircraft in question.
Article 30—Landing and inspection of medical aircraft
1. Medical aircraft flying over areas which are physically controlled by an
adverse Party, or over areas the physical control of which is not clearly
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established, may be ordered to land or to alight on water, as appropriate, to
permit inspection in accordance with the following paragraphs. Medical aircraft
shall obey any such order.
2. If such an aircraft lands or alights on water, whether ordered to do so or
for other reasons, it may be subjected to inspection solely to determine the
matters referred to in paragraphs 3 and 4. Any such inspection shall be
commenced without delay and shall be conducted expeditiously. The inspecting
Party shall not require the wounded and sick to be removed from the aircraft
unless their removal is essential for the inspection. That Party shall in any event
ensure that the condition of the wounded and sick is not adversely affected by
the inspection or by the removal.
3. If the inspection discloses that the aircraft:
(a) is a medical aircraft within the meaning of Article 8, sub-paragraph (j),
(b) is not in violation of the conditions prescribed in Article 28, and
(c) has not flown without or in breach of a prior agreement where such
agreement is required,
the aircraft and those of its occupants who belong to the adverse Party or to a
neutral or other State not a Party to the conflict shall be authorized to continue
the flight without delay.
4. If the inspection discloses that the aircraft:
(a) is not a medical aircraft within the meaning of Article 8,
sub-paragraph (f),
(b) is in violation of the conditions prescribed in Article 28, or
(c) has flown without or in breach of a prior agreement where such
agreement is required,
the aircraft may be seized. Its occupants shall be treated in conformity with the
relevant provisions of the Conventions and of this Protocol. Any aircraft seized
which had been assigned as a permanent medical aircraft may be used thereafter
only as a medical aircraft.
Article 31—Neutral or other States not Parties to the conflict
1. Except by prior agreement, medical aircraft shall not fly over or land in
the territory of a neutral or other State not a Party to the conflict. However, with
such an agreement, they shall be respected throughout their flight and also for
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the duration of any calls in the territory. Nevertheless they shall obey any
summons to land or to alight on water, as appropriate.
2. Should a medical aircraft, in the absence of an agreement or in
deviation from the terms of an agreement, fly over the territory of a neutral or
other State not a Party to the conflict, either through navigational error or
because of an emergency affecting the safety of the flight, it shall make every
effort to give notice of the flight and to identify itself. As soon as such medical
aircraft is recognized, that State shall make all reasonable efforts to give the
order to land or to alight on water referred to in Article 30, paragraph 1, or to
take other measures to safeguard its own interests, and, in either case, to allow
the aircraft time for compliance, before resorting to an attack against the
aircraft.
3. If a medical aircraft, either by agreement or in the circumstances
mentioned in paragraph 2, lands or alights on water in the territory of a neutral
or other State not Party to the conflict, whether ordered to do so or for other
reasons, the aircraft shall be subject to inspection for the purposes of
determining whether it is in fact a medical aircraft. The inspection shall be
commenced without delay and shall be conducted expeditiously. The inspecting
Party shall not require the wounded and sick of the Party operating the aircraft
to be removed from it unless their removal is essential for the inspection. The
inspecting Party shall in any event ensure that the condition of the wounded and
sick is not adversely affected by the inspection or the removal. If the inspection
discloses that the aircraft is in fact a medical aircraft, the aircraft with its
occupants, other than those who must be detained in accordance with the rules
of international law applicable in armed conflict, shall be allowed to resume its
flight, and reasonable facilities shall be given for the continuation of the flight.
If the inspection discloses that the aircraft is not a medical aircraft, it shall be
seized and the occupants treated in accordance with paragraph 4.
4. The wounded, sick and shipwrecked disembarked, otherwise than
temporarily, from a medical aircraft with the consent of the local authorities in
the territory of a neutral or other State not a Party to the conflict shall, unless
agreed otherwise between that State and the Parties to the conflict, be detained
by that State where so required by the rules of international law applicable in
armed conflict, in such a manner that they cannot again take part in the
hostilities. The cost of hospital treatment and internment shall be borne by the
State to which those persons belong.
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5. Neutral or other States not Parties to the conflict shall apply any
conditions and restrictions on the passage of medical aircraft over, or on the
landing of medical aircraft in, their territory equally to all Parties to the conflict.
SECTION III
MISSING AND DEAD PERSONS
Article 32—General principle
In the implementation of this Section, the activities of the High Contracting
Parties, of the Parties to the conflict and of the international humanitarian
organizations mentioned in the Conventions and in this Protocol shall be
prompted mainly by the right of families to know the fate of their relatives.
Article 33—Missing persons
1. As soon as circumstances permit, and at the latest from the end of active
hostilities, each Party to the conflict shall search for the persons who have been
reported missing by an adverse Party. Such adverse Party shall transmit all
relevant information concerning such persons in order to facilitate such
searches.
2. In order to facilitate the gathering of information pursuant to the
preceding paragraph, each Party to the conflict shall, with respect to persons
who would not receive more favourable consideration under the Conventions
and this Protocol:
(a) record the information specified in Article 138 of the Fourth
Convention in respect of such persons who have been detained,
imprisoned or otherwise held in captivity for more than two weeks as a
result of hostilities or occupation, or who have died during any period
of detention;
(b) to the fullest extent possible, facilitate and, if need be, carry out the
search for and the recording of information concerning such persons if
they have died in other circumstances as a result of hostilities or
occupation.
3. Information concerning persons reported missing pursuant to
paragraph 1 and requests for such information shall be transmitted either
directly or through the Protecting Power or the Central Tracing Agency of the
International Committee of the Red Cross or national Red Cross (Red Crescent,
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Red Lion and Sun) Societies. Where the information is not transmitted through
the International Committee of the Red Cross and its Central Tracing Agency,
each Party to the conflict shall ensure that such information is also supplied to
the Central Tracing Agency.
4. The Parties to the conflict shall endeavour to agree on arrangements for
teams to search for, identify and recover the dead from battlefield areas,
including arrangements, if appropriate, for such teams to be accompanied by
personnel of the adverse Party while carrying out these missions in areas
controlled by the adverse Party. Personnel of such teams shall be respected and
protected while exclusively carrying out these duties.
Article 34—Remains of deceased
1. The remains of persons who have died for reasons related to occupation
or in detention resulting from occupation or hostilities and those of persons not
nationals of the country in which they have died as a result of hostilities shall be
respected, and the gravesites of all such persons shall be respected, maintained
and marked as provided for in Article 130 of the Fourth Convention, where
their remains or gravesites would not receive more favourable consideration
under the Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse Parties
permit, the High Contracting Parties in whose territories graves and, as the case
may be, other locations of the remains of persons who have died as a result of
hostilities or during occupation or in detention are situated, shall conclude
agreements in order:
(a) to facilitate access to the gravesites by relatives of the deceased and by
representatives of official graves registration services and to regulate
the practical arrangements for such access;
(b) to protect and maintain such gravesites permanently;
(c) to facilitate the return of the remains of the deceased and of personal
effects to the home country upon its request or, unless that country
objects, upon the request of the next of kin.
3. In the absence of the agreements provided for in paragraph 2 (b) or (c)
and if the home country of such deceased is not willing to arrange at its expense
for the maintenance of such gravesites, the High Contracting Party in whose
territory the gravesites are situated may offer to facilitate the return of the
remains of the deceased to the home country. Where such an offer has not been
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accepted the High Contacting Party may, after the expiry of five years from the
date of the offer and upon due notice to the home country, adopt the
arrangements laid down in its own laws relating to cemeteries and graves.
4. A High Contracting Party in whose territory the gravesites referred to in
this Article are situated shall be permitted to exhume the remains only:
(a) in accordance with paragraphs 2 (c) and 3, or
(b) where exhumation is a matter of overriding public necessity, including
cases of medical and investigative necessity, in which case the High
Contracting Party shall at all times respect the remains, and shall give
notice to the home country of its intention to exhume the remains
together with details of the intended place of reinterment.
PART III
METHODS AND MEANS OF WARFARE COMBATANT AND
PRISONER-OF-WAR STATUS
SECTION I
METHODS AND MEANS OF WARFARE
Article 35—Basic rules
1. In any armed conflict, the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited.
2. It is prohibited to employ weapons, projectiles and material and
methods of warfare of a nature to cause superfluous injury or unnecessary
suffering.
3. It is prohibited to employ methods or means of warfare which are
intended, or may be expected, to cause widespread, long-term and severe
damage to the natural environment.
Article 36—New weapons
In the study, development, acquisition or adoption of a new weapon, means
or method of warfare, a High Contracting Party is under an obligation to
determine whether its employment would, in some or all circumstances, be
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prohibited by this Protocol or by any other rule of international law applicable
to the High Contracting Party.
Article 37—Prohibition of perfidy
1. It is prohibited to kill, injure or capture an adversary by resort to
perfidy. Acts inviting the confidence of an adversary to lead him to believe that
he is entitled to, or is obliged to accord, protection under the rules of
international law applicable in armed conflict, with intent to betray that
confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) the feigning of an intent to negotiate under a flag of truce or of a
surrender;
(b) the feigning of an incapacitation by wounds or sickness;
(c) the feigning of civilian, non-combatant status; and
(d) the feigning of protected status by the use of signs, emblems or
uniforms of the United Nations or of neutral or other States not Parties
to the conflict.
2. Ruses of war are not prohibited. Such ruses are acts which are intended
to mislead an adversary or to induce him to act recklessly but which infringe no
rule of international law applicable in armed conflict and which are not
perfidious because they do not invite the confidence of an adversary with
respect to protection under that law. The following are examples of such ruses:
the use of camouflage, decoys, mock operations and misinformation.
Article 38—Recognized emblems
1. It is prohibited to make improper use of the distinctive emblem of the
red cross, red crescent or red lion and sun or of other emblems, signs or signals
provided for by the Conventions or by this Protocol. It is also prohibited to
misuse deliberately in an armed conflict other internationally recognized
protective emblems, signs or signals, including the flag of truce, and the
protective emblem of cultural property.
2. It is prohibited to make use of the distinctive emblem of the United
Nations, except as authorized by that Organization.
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Article 39—Emblems of nationality
1. It is prohibited to make use in an armed conflict of the flags or military
emblems, insignia or uniforms of neutral or other States not Parties to the
conflict.
2. It is prohibited to make use of the flags or military emblems, insignia or
uniforms of adverse Parties while engaging in attacks or in order to shield,
favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the
existing generally recognized rules of international law applicable to espionage
or to the use of flags in the conduct of armed conflict at sea.
Article 40—Quarter
It is prohibited to order that there shall be no survivors, to threaten an
adversary therewith or to conduct hostilities on this basis.
Article 41—Safeguard of an enemy hors de combat
1. A person who is recognized or who, in the circumstances, should be
recognized to be hors de combat shall not be made the object of attack.
2. A person is hors de combat if:
(a) he is in the power of an adverse Party;
(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise incapacitated by
wounds or sickness, and therefore is incapable of defending himself;
provided that in any of these cases he abstains from any hostile act and does not
attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into
the power of an adverse Party under unusual conditions of combat which
prevent their evacuation as provided for in Part III, Section I, of the Third
Convention, they shall be released and all feasible precautions shall be taken to
ensure their safety.
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Article 42—Occupants of aircraft
1. No person parachuting from an aircraft in distress shall be made the
object of attack during his descent.
2. Upon reaching the ground in territory controlled by an adverse Party, a
person who has parachuted from an aircraft in distress shall be given an
opportunity to surrender before being made the object of attack, unless it is
apparent that he is engaging in a hostile act.
3. Airborne troops are not protected by this Article.
SECTION II
COMBATANT AND PRISONER-OF-WAR STATUS
Article 43—Armed forces
1. The armed forces of a Party to a conflict consist of all organized armed
forces, groups and units which are under a command responsible to that Party
for the conduct of its subordinates, even if that Party is represented by a
government or an authority not recognized by an adverse Party. Such armed
forces shall be subject to an internal disciplinary system which, inter alia, shall
enforce compliance with the rules of international law applicable in armed
conflict.
2. Members of the armed forces of a Party to a conflict (other than
medical personnel and chaplains covered by Article 33 of the Third
Convention) are combatants, that is to say, they have the right to participate
directly in hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or armed law
inforcement agency into its armed forces it shall so notify the other Parties to
the conflict.
Article 44—Combatants and prisoners of war
1. Any combatant, as defined in Article 43, who falls into the power of an
adverse Party shall be a prisoner of war.
2. While all combatants are obliged to comply with the rules of
international law applicable in armed conflict, violations of these rules shall not
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deprive a combatant of his right to be a combatant or, if he falls into the power
of an adverse Party, of his right to be a prisoner of war, except as provided in
paragraphs 3 and 4.
3. In order to promote the protection of the civilian population from the
effects of hostilities, combatants are obliged to distinguish themselves from the
civilian population while they are engaged in an attack or in a military operation
preparatory to an attack. Recognizing, however, that there are situations in
armed conflicts where, owing to the nature of the hostilities an armed combatant
cannot so distinguish himself, he shall retain his status as a combatant, provided
that, in such situations, he carries his arms openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while he is engaged in
a military deployment preceding the launching of an attack in which he
is to participate.
Acts which comply with the requirements of this paragraph shall not be
considered as perfidious within the meaning of Article 37, paragraph 1 (c).
4. A combatant who falls into the power of an adverse Party while failing
to meet the requirements set forth in the second sentence of paragraph 3 shall
forfeit his right to be a prisoner of war, but he shall, nevertheless, be given
protections equivalent in all respects to those accorded to prisoners of war by
the Third Convention and by this Protocol. This protection includes protections
equivalent to those accorded to prisoners of war by the Third Convention in the
case where such a person is tried and punished for any offences he has
committed.
5. Any combatant who falls into the power of an adverse Party while not
engaged in an attack or in a military operation preparatory to an attack shall not
forfeit his rights to be a combatant and a prisoner of war by virtue of his prior
activities.
6. This Article is without prejudice to the right of any person to be a
prisoner of war pursuant to Article 4 of the Third Convention.
7. This Article is not intended to change the generally accepted practice of
States with respect to the wearing of the uniform by combatants assigned to the
regular, uniformed armed units of a Party to the conflict.
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8. In addition to the categories of persons mentioned in Article 13 of the
First and Second Conventions, all members of the armed forces of a Party to the
conflict, as defined in Article 43 of this Protocol, shall be entitled to protection
under those Conventions if they are wounded or sick or, in the case of the
Second Convention, shipwrecked at sea or in other waters.
Article 45—Protection of persons who have taken part in hostilities
1. A person who takes part in hostilities and falls into the power of an
adverse Party shall be presumed to be a prisoner of war, and therefore shall be
protected by the Third Convention, if he claims the status of prisoner of war, or
if he appears to be entitled to such status, or if the Party on which he depends
claims such status on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such person is
entitled to the status of prisoner of war, he shall continue to have such status
and, therefore, to be protected by the Third Convention and this Protocol until
such time as his status has been determined by a competent tribunal.
2. If a person who has fallen into the power of an adverse Party is not held
as a prisoner of war and is to be tried by that Party for an offence arising out of
the hostilities, he shall have the right to assert his entitlement to prisoner-of-war
status before a judicial tribunal and to have that question adjudicated. Whenever
possible under the applicable procedure, this adjudication shall occur before the
trial for the offence. The representatives of the Protecting Power shall be
entitled to attend the proceedings in which that question is adjudicated, unless,
exceptionally, the proceedings are held in camera in the interest of State
security. In such a case the detaining Power shall advise the Protecting Power
accordingly.
3. Any person who has taken part in hostilities, who is not entitled to
prisoner-of-war status and who does not benefit from more favourable treatment
in accordance with the Fourth Convention shall have the right at all times to the
protection of Article 75 of this Protocol. In occupied territory, any such person,
unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the
Fourth Convention, to his rights of communication under that Convention.
Article 46—Spies
1. Notwithstanding any other provision of the Conventions or of this
Protocol, any member of the armed forces of a Party to the conflict who falls
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into the power of an adverse Party while engaging in espionage shall not have
the right to the status of prisoner of war and may be treated as a spy.
2. A member of the armed forces of a Party to the conflict who, on behalf
of that Party and in territory controlled by an adverse Party, gathers or attempts
to gather information shall not be considered as engaging in espionage if, while
so acting, he is in the uniform of his armed forces.
3. A member of the armed forces of a Party to the conflict who is a
resident of territory occupied by an adverse Party and who, on behalf of the
Party on which he depends, gathers or attempts to gather information of military
value within that territory shall not be considered as engaging in espionage
unless he does so through an act of false pretences or deliberately in a
clandestine manner. Moreover, such a resident shall not lose his right to the
status of prisoner of war and may not be treated as a spy unless he is captured
while engaging in espionage.
4. A member of the armed forces of a Party to the conflict who is not a
resident of territory occupied by an adverse Party and who has engaged in
espionage in that territory shall not lose his right to the status of prisoner of war
and may not be treated as a spy unless he is captured before he has rejoined the
armed forces to which he belongs.
Article 47—Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of
war.
2. A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in an armed
conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the desire for
private gain and, in fact, is promised, by or on behalf of a Party to the
conflict, material compensation substantially in excess of that promised
or paid to combatants of similar ranks and functions in the armed forces
of that Party;
(d) is neither a national of a Party to the conflict nor a resident of territory
controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict; and
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(f) has not been sent by a State which is not a Party to the conflict on
official duty as a member of its armed forces.
PART IV
CIVILIAN POPULATION
SECTION I
GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
Chapter I
BASIC RULE AND FIELD OF APPLICATION
Article 48—Basic rule
In order to ensure respect for and protection of the civilian population and
civilian objects, the Parties to the conflict shall at all times distinguish between
the civilian population and combatants and between civilian objects and
military objectives and accordingly shall direct their operations only against
military objectives.
Article 49—Definition of attacks and scope of application
1. “Attacks” means acts of violence against the adversary, whether in
offence of in defence.
2. The provisions of this Protocol with respect to attacks apply to all
attacks in whatever territory conducted, including the national territory
belonging to a Party to the conflict but under the control of an adverse Party.
3. The provisions of this Section apply to any land, air or sea warfare
which may affect the civilian population, individual civilians or civilian objects
on land. They further apply to all attacks from the sea or from the air against
objectives on land but do not otherwise affect the rules of international law
applicable in armed conflict at sea or in the air.
4. The provisions of this Section are additional to the rules concerning
humanitarian protection contained in the Fourth Convention, particularly in
Part II thereof, and in other international agreements binding upon the High
Contracting Parties, as well as to other rules of international law relating to the
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protection of civilians and civilian objects on land, at sea or in the air against
the effects of hostilities.
Chapter II
CIVILIANS AND CIVILIAN POPULATION
Article 50—Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the categories of
persons referred to in Article 4A (1), (2), (3) and (6) of the Third Convention
and in Article 43 of this Protocol. In case of doubt whether a person is a
civilian, that person shall be considered to be a civilian.
2. The civilian population comprises all persons who are civilians.
3. The presence within the civilian population of individuals who do not
come within the definition of civilians does not deprive the population of its
civilian character.
Article 51—Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general
protection against dangers arising from military operations. To give effect to
this protection, the following rules, which are additional to other applicable
rules of international law, shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not
be the object of attack. Acts or threats of violence the primary purpose of which
is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section, unless and
for such time as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be
directed at a specific military objective; or
(c) those which employ a method or means of combat the effects of which
cannot be limited as required by this Protocol;
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and consequently, in each such case, are of a nature to strike military objectives
and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as
indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a
single military objective a number of clearly separated and distinct
military objectives located in a city, town, village or other area
containing a similar concentration of civilians or civilian objects; and
(b) an attack which may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military
advantage anticipated.
6. Attacks against the civilian population or civilians by way of reprisals
are prohibited.
7. The presence or movements of the civilian population or individual
civilians shall not be used to render certain points or areas immune from
military operations, in particular in attempts to shield military objectives from
attacks or to shield, favour or impede military operations. The Parties to the
conflict shall not direct the movement of the civilian population or individual
civilians in order to attempt to shield military objectives from attacks or to
shield military operations.
8. Any violation of these prohibitions shall not release the Parties to the
conflict from their legal obligations with respect to the civilian population and
civilians, including the obligation to take the precautionary measures provided
for in Article 57.
Chapter III
CIVILIAN OBJECTS
Article 52—General protection of civilian objects
1. Civilian objects shall not be the object of attack or of reprisals. Civilian
objects are all objects which are not military objectives as defined in
paragraph 2.
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2. Attacks shall be limited strictly to military objectives. In so far as
objects are concerned, military objectives are limited to those objects which by
their nature, location, purpose or use make an effective contribution to military
action and whose total or partial destruction, capture or neutralization, in the
circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to
civilian purposes, such as a place of worship, a house or other dwelling or a
school, is being used to make an effective contribution to military action, it shall
be presumed not to be so used.
Article 53—Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for the
Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954,
and of other relevant international instruments, it is prohibited:
(a) to commit any acts of hostility directed against the historic monuments,
works of art or places of worship which constitute the cultural or
spiritual heritage of peoples;
(b) to use such objects in support of the military effort;
(c) to make such objects the object of reprisals.
Article 54—Protection of objects indispensable to the survival of the civilian
population
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects
indispensable to the survival of the civilian population, such as foodstuffs,
agricultural areas for the production of foodstuffs, crops, livestock, drinking
water installations and supplies and irrigation works, for the specific purpose of
denying them for their sustenance value to the civilian population or to the
adverse Party, whatever the motive, whether in order to starve out civilians, to
cause them to move away, or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the objects
covered by it as are used by an adverse Party:
(a) as sustenance solely for the members of its armed forces; or
(b) if not as sustenance, then in direct support of military action, provided,
however, that in no event shall actions against these objects be taken
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which may be expected to leave the civilian population with such
inadequate food or water as to cause its starvation or force its
movement.
4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in
the defence of its national territory against invasion, derogation from the
prohibitions contained in paragraph 2 may be made by a Party to the conflict
within such territory under its own control where required by imperative
military necessity.
Article 55—Protection of the natural environment
1. Care shall be taken in warfare to protect the natural environment against
widespread, long-term and severe damage. This protection includes a
prohibition of the use of methods or means of warfare which are intended or
may be expected to cause such damage to the natural environment and thereby
to prejudice the health or survival of the population.
2. Attacks against the natural environment by way of reprisals are
prohibited.
Article 56—Protection of works and installations containing dangerous forces
1. Works or installations containing dangerous forces, namely dams,
dykes and nuclear electrical generating stations, shall not be made the object of
attack, even where these objects are military objectives, if such attack may
cause the release of dangerous forces and consequent severe losses among the
civilian population. Other military objectives located at or in the vicinity of
these works or installations shall not be made the object of attack if such attack
may cause the release of dangerous forces from the works or installations and
consequent severe losses among the civilian population.
2. The special protection against attack provided by paragraph 1 shall
cease:
(a) for a dam or a dyke only if it is used for other than its normal function
and in regular, significant and direct support of military operations and
if such attack is the only feasible way to terminate such support;
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(b) for a nuclear electrical generating station only if it provides electric
power in regular, significant and direct support of military operations
and if such attack is the only feasible way to terminate such support;
(c) for other military objectives located at or in the vicinity of these works
or installations only if they are used in regular, significant and direct
support of military operations and if such attack is the only feasible way
to terminate such support.
3. In all cases, the civilian population and individual civilians shall remain
entitled to all the protection accorded them by international law, including the
protection of the precautionary measures provided for in Article 57. If the
protection ceases and any of the works, installations or military objectives
mentioned in paragraph 1 is attacked, all practical precautions shall be taken to
avoid the release of the dangerous forces.
4. It is prohibited to make any of the works, installations or military
objectives mentioned in paragraph 1 the object of reprisals.
5. The Parties to the conflict shall endeavour to avoid locating any
military objectives in the vicinity of the works or installations mentioned in
paragraph 1. Nevertheless, installations erected for the sole purpose of
defending the protected works or installations from attack are permissible and
shall not themselves be made the object of attack, provided that they are not
used in hostilities except for defensive actions necessary to respond to attacks
against the protected works or installations and that their armament is limited to
weapons capable only of repelling hostile action against the protected works or
installations.
6. The High Contracting Parties and the Parties to the conflict are urged to
conclude further agreements among themselves to provide additional protection
for objects containing dangerous forces.
7. In order to facilitate the identification of the objects protected by this
Article, the Parties to the conflict may mark them with a special sign consisting
of a group of three bright orange circles placed on the same axis, as specified in
Article 16 of Annex I to this Protocol. The absence of such marking in no way
relieves any Party to the conflict of its obligations under this Article.
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Chapter IV
PRECAUTIONARY MEASURES
Article 57—Precautions in attack
1. In the conduct of military operations, constant care shall be taken to
spare the civilian population, civilians and civilian objects.
2. With respect to attacks, the following precautions shall be taken:
(a) those who plan or decide upon an attack shall:
(i) do everything feasible to verify that the objectives to be attacked
are neither civilians nor civilian objects and are not subject to
special protection but are military objectives within the meaning
of paragraph 2 of Article 52 and that it is not prohibited by the
provisions of this Protocol to attack them;
(ii) take all feasible precautions in the choice of means and methods
of attack with a view to avoiding, and in any event to minimizing,
incidental loss of civilian life, injury to civilians and damage to
civilian objects;
(iii) refrain from deciding to launch any attack which may be
expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct
military advantage anticipated;
(b) an attack shall be cancelled or suspended if it becomes apparent that the
objective is not a military one or is subject to special protection or that
the attack may be expected to cause incidental loss of civilian life,
injury to civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct military
advantage anticipated;
(c) effective advance warning shall be given of attacks which may affect
the civilian population, unless circumstances do not permit.
3. When a choice is possible between several military objectives for
obtaining a similar military advantage, the objective to be selected shall be that
the attack on which may be expected to cause the least danger to civilian lives
and to civilian objects.
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4. In the conduct of military operations at sea or in the air, each Party to
the conflict shall, in conformity with its rights and duties under the rules of
international law applicable in armed conflict, take all reasonable precautions to
avoid losses of civilian lives and damage to civilian objects.
5. No provision of this Article may be construed as authorizing any
attacks against the civilian population, civilians or civilian objects.
Article 58—Precautions against the effects of attacks
The Parties to the conflict shall, to the maximum extent feasible:
(a) without prejudice to Article 49 of the Fourth Convention, endeavour to
remove the civilian population, individual civilians and civilian objects
under their control from the vicinity of military objectives;
(b) avoid locating military objectives within or near densely populated
areas;
(c) take the other necessary precautions to protect the civilian population,
individual civilians and civilian objects under their control against the
dangers resulting from military operations.
Chapter V
LOCALITIES AND ZONES UNDER SPECIAL PROTECTION
Article 59—Non-defended localities
1. It is prohibited for the Parties to the conflict to attack, by any means
whatsoever, non-defended localities.
2. The appropriate authorities of a Party to the conflict may declare as a
non-defended locality any inhabited place near or in a zone where armed forces
are in contact which is open for occupation by an adverse Party. Such a locality
shall fulfil the following conditions:
(a) all combatants, as well as mobile weapons and mobile military
equipment must have been evacuated;
(b) no hostile use shall be made of fixed military installations or
establishments;
(c) no acts of hostility shall be committed by the authorities or by the
population; and
(d) no activities in support of military operations shall be undertaken.
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3. The presence, in this locality, of persons specially protected under the
Conventions and this Protocol, and of police forces retained for the sole purpose
of maintaining law and order, is not contrary to the conditions laid down in
paragraph 2.
4. The declaration made under paragraph 2 shall be addressed to the
adverse Party and shall define and describe, as precisely as possible, the limits
of the non-defended locality. The Party to the conflict to which the declaration
is addressed shall acknowledge its receipt and shall treat the locality as a
non-defended locality unless the conditions laid down in paragraph 2 are not in
fact fulfilled, in which event it shall immediately so inform the Party making
the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled,
the locality shall continue to enjoy the protection provided by the other
provisions of this Protocol and the other rules of international law applicable in
armed conflict.
5. The Parties to the conflict may agree on the establishment of
non-defended localities even if such localities do not fulfil the conditions laid
down in paragraph 2. The agreement should define and describe, as precisely as
possible, the limits of the non-defended locality; if necessary, it may lay down
the methods of supervision.
6. The Party which is in control of a locality governed by such an
agreement shall mark it, so far as possible, by such signs as may be agreed upon
with the other Party, which shall be displayed where they are clearly visible,
especially on its perimeter and limits and on highways.
7. A locality loses its status as a non-defended locality when it ceases to
fulfil the conditions laid down in paragraph 2 or in the agreement referred to in
paragraph 5. In such an eventuality, the locality shall continue to enjoy the
protection provided by the other provisions of this Protocol and the other rules
of international law applicable in armed conflict.
Article 60—Demilitarized zones
1. It is prohibited for the Parties to the conflict to extend their military
operations to zones on which they have conferred by agreement the status of
demilitarized zone, if such extension is contrary to the terms of this agreement.
2. The agreement shall be an express agreement, may be concluded
verbally or in writing, either directly or through a Protecting Power or any
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impartial humanitarian organization, and may consist of reciprocal and
concordant declarations. The agreement may be concluded in peacetime, as well
as after the outbreak of hostilities, and should define and describe, as precisely
as possible, the limits of the demilitarized zone and, if necessary, lay down the
methods of supervision.
3. The subject of such an agreement shall normally be any zone which
fulfils the following conditions:
(a) all combatants, as well as mobile weapons and mobile military
equipment, must have been evacuated;
(b) no hostile use shall be made of fixed military installations or
establishments;
(c) no acts of hostility shall be committed by the authorities or by the
population; and
(d) any activity linked to the military effort must have ceased.
The Parties to the conflict shall agree upon the interpretation to be given to the
condition laid down in sub-paragraph (d) and upon persons to be admitted to the
demilitarized zone other than those mentioned in paragraph 4.
4. The presence, in this zone, of persons specially protected under the
Conventions and this Protocol, and of police forces retained for the sole purpose
of maintaining law and order, is not contrary to the conditions laid down in
paragraph 3.
5. The Party which is in control of such a zone shall mark it, so far as
possible, by such signs as may be agreed upon with the other Party, which shall
be displayed where they are clearly visible, especially on its perimeter and
limits and on highways.
6. If the fighting draws near to a demilitarized zone, and if the Parties to
the conflict have so agreed, none of them may use the zone for purposes related
to the conduct of military operations or unilaterally revoke its status.
7. If one of the Parties to the conflict commits a material breach of the
provisions of paragraphs 3 or 6, the other Party shall be released from its
obligations under the agreement conferring upon the zone the status of
demilitarized zone. In such an eventuality, the zone loses its status but shall
continue to enjoy the protection provided by the other provisions of this
Protocol and the other rules of international law applicable in armed conflict.
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Chapter VI
CIVIL DEFENCE
Article 61—Definitions and scope
For the purposes of this Protocol:
(a) “civil defence” means the performance of some or all of the
undermentioned humanitarian tasks intended to protect the civilian
population against the dangers, and to help it to recover from the
immediate effects, of hostilities or disasters and also to provide the
conditions necessary for its survival. These tasks are:
(i) warning;
(ii) evacuation;
(iii) management of shelters;
(iv) management of blackout measures;
(v) rescue;
(vi) medical services, including first aid, and religious assistance;
(vii) fire-fighting;
(viii) detection and marking of danger areas;
(ix) decontamination and similar protective measures;
(x) provision of emergency accommodation and supplies;
(xi) emergency assistance in the restoration and maintenance of order
in distressed areas;
(xii) emergency repair of indispensable public utilities;
(xiii) emergency disposal of the dead;
(xiv) assistance in the preservation of objects essential for survival;
(xv) complementary activities necessary to carry out any of the tasks
mentioned above, including, but not limited to, planning and
organization;
(b) “civil defence organizations” means those establishments and other
units which are organized or authorized by the competent authorities of
a Party to the conflict to perform any of the tasks mentioned under
sub-paragraph (a), and which are assigned and devoted exclusively to
such tasks;
(c) “personnel” of civil defence organizations means those persons
assigned by a Party to the conflict exclusively to the performance of the
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tasks mentioned under sub-paragraph (a), including personnel assigned
by the competent authority of that Party exclusively to the
administration of these organizations;
(d) “matériel” of civil defence organizations means equipment, supplies
and transports used by these organizations for the performance of the
tasks mentioned under sub-paragraph (a).
Article 62—General protection
1. Civilian civil defence organizations and their personnel shall be
respected and protected, subject to the provisions of this Protocol, particularly
the provisions of this Section. They shall be entitled to perform their civil
defence tasks except in case of imperative military necessity.
2. The provisions of paragraph 1 shall also apply to civilians who,
although not members of civilian civil defence organizations, respond to an
appeal from the competent authorities and perform civil defence tasks under
their control.
3. Buildings and matériel used for civil defence purposes and shelters
provided for the civilian population are covered by Article 52. Objects used for
civil defence purposes may not be destroyed or diverted from their proper use
except by the Party to which they belong.
Article 63—Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations shall receive
from the authorities the facilities necessary for the performance of their tasks. In
no circumstances shall their personnel be compelled to perform activities which
would interfere with the proper performance of these tasks. The Occupying
Power shall not change the structure or personnel of such organizations in any
way which might jeopardize the efficient performance of their mission. These
organizations shall not be required to give priority to the nationals or interests of
that Power.
2. The Occupying Power shall not compel, coerce or induce civilian civil
defence organizations to perform their tasks in any manner prejudicial to the
interests of the civilian population.
3. The Occupying Power may disarm civil defence personnel for reasons
of security.
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4. The Occupying Power shall neither divert from their proper use nor
requisition buildings or matériel belonging to or used by civil defence
organizations if such diversion or requisition would be harmful to the civilian
population.
5. Provided that the general rule in paragraph 4 continues to be observed,
the Occupying Power may requisition or divert these resources, subject to the
following particular conditions:
(a) that the buildings or matériel are necessary for other needs of the
civilian population; and
(b) that the requisition or diversion continues only while such necessity
exists.
6. The Occupying Power shall neither divert nor requisition shelters
provided for the use of the civilian population or needed by such population.
Article 64—Civilian civil defence organizations of neutral or other States not
Parties to the conflict and international co-ordinating organizations
1. Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel
of civilian civil defence organizations of neutral or other States not Parties to
the conflict which perform civil defence tasks mentioned in Article 61 in the
territory of a Party to the conflict, with the consent and under the control of that
Party. Notification of such assistance shall be given as soon as possible to any
adverse Party concerned. In no circumstances shall this activity be deemed to be
an interference in the conflict. This activity should, however, be performed with
due regard to the security interests of the Parties to the conflict concerned.
2. The Parties to the conflict receiving the assistance referred to in
paragraph 1 and the High Contracting Parties granting it should facilitate
international co-ordination of such civil defence actions when appropriate. In
such cases the relevant international organizations are covered by the provisions
of this Chapter.
3. In occupied territories, the Occupying Power may only exclude or
restrict the activities of civilian civil defence organizations of neutral or other
States not Parties to the conflict and of international co-ordinating organizations
if it can ensure the adequate performance of civil defence tasks from its own
resources or those of the occupied territory.
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Article 65—Cessation of protection
1. The protection to which civilian civil defence organizations, their
personnel, buildings, shelters and matériel are entitled shall not cease unless
they commit or are used to commit, outside their proper tasks, acts harmful to
the enemy. Protection may, however, cease only after a warning has been given
setting, whenever appropriate, a reasonable time-limit, and after such warning
has remained unheeded.
2. The following shall not be considered as acts harmful to the enemy:
(a) that civil defence tasks are carried out under the direction or control of
military authorities;
(b) that civilian civil defence personnel co-operate with military personnel
in the performance of civil defence tasks, or that some military
personnel are attached to civilian civil defence organizations;
(c) that the performance of civil defence tasks may incidentally benefit
military victims, particularly those who are hors de combat.
3. It shall also not be considered as an act harmful to the enemy that
civilian civil defence personnel bear light individual weapons for the purpose of
maintaining order or for self-defence. However, in areas where land fighting is
taking place or is likely to take place, the Parties to the conflict shall undertake
the appropriate measures to limit these weapons to handguns, such as pistols or
revolvers, in order to assist in distinguishing between civil defence personnel
and combatants. Although civil defence personnel bear other light individual
weapons in such areas, they shall nevertheless be respected and protected as
soon as they have been recognized as such.
4. The formation of civilian civil defence organizations along military
lines, and compulsory service in them, shall also not deprive them of the
protection conferred by this Chapter.
Article 66—Identification
1. Each Party to the conflict shall endeavour to ensure that its civil defence
organizations, their personnel, buildings and matériel, are identifiable while
they are exclusively devoted to the performance of civil defence tasks. Shelters
provided for the civilian population should be similarly identifiable.
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2. Each Party to the conflict shall also endeavour to adopt and implement
methods and procedures which will make it possible to recognize civilian
shelters as well as civil defence personnel, buildings and matériel on which the
international distinctive sign of civil defence is displayed.
3. In occupied territories and in areas where fighting is taking place or is
likely to take place, civilian civil defence personnel should be recognizable by
the international distinctive sign of civil defence and by an identity card
certifying their status.
4. The international distinctive sign of civil defence is an equilateral blue
triangle on an orange ground when used for the protection of civil defence
organizations, their personnel, buildings and matériel and for civilian shelters.
5. In addition to the distinctive sign, Parties to the conflict may agree upon
the use of distinctive signals for civil defence identification purposes.
6. The application of the provisions of paragraphs 1 to 4 is governed by
Chapter V of Annex I to this Protocol.
7. In time of peace, the sign described in paragraph 4 may, with the
consent of the competent national authorities, be used for civil defence
identification purposes.
8. The High Contracting Parties and the Parties to the conflict shall take
the measures necessary to supervise the display of the international distinctive
sign of civil defence and to prevent and repress any misuse thereof.
9. The identification of civil defence medical and religious personnel,
medical units and medical transports is also governed by Article 18.
Article 67—Members of the armed forces and military units assigned to civil
defence organizations
1. Members of the armed forces and military units assigned to civil
defence organizations shall be respected and protected, provided that:
(a) such personnel and such units are permanently assigned and exclusively
devoted to the performance of any of the tasks mentioned in Article 61;
(b) if so assigned, such personnel do not perform any other military duties
during the conflict;
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(c) such personnel are clearly distinguishable from the other members of
the armed forces by prominently displaying the international distinctive
sign of civil defence, which shall be as large as appropriate, and such
personnel are provided with the identity card referred to in Chapter V of
Annex I to this Protocol certifying their status;
(d) such personnel and such units are equipped only with light individual
weapons for the purpose of maintaining order or for self-defence. The
provisions of Article 65, paragraph 3 shall also apply in this case;
(e) such personnel do not participate directly in hostilities, and do not
commit, or are not used to commit, outside their civil defence tasks, acts
harmful to the adverse Party;
(f) such personnel and such units perform their civil defence tasks only
within the national territory of their party.
The non-observance of the conditions stated in (e) above by any member of the
armed forces who is bound by the conditions prescribed in (a) and (b) above is
prohibited.
2. Military personnel serving within civil defence organizations shall, if
they fall into the power of an adverse Party, be prisoners of war. In occupied
territory they may, but only in the interest of the civilian population of that
territory, be employed on civil defence tasks in so far as the need arises,
provided however that, if such work is dangerous, they volunteer for such tasks.
3. The buildings and major items of equipment and transports of military
units assigned to civil defence organizations shall be clearly marked with the
international distinctive sign of civil defence. This distinctive sign shall be as
large as appropriate.
4. The matériel and buildings of military units permanently assigned to
civil defence organizations and exclusively devoted to the performance of civil
defence tasks shall, if they fall into the hands of an adverse Party, remain
subject to the laws of war. They may not be diverted from their civil defence
purpose so long as they are required for the performance of civil defence tasks,
except in case of imperative military necessity, unless previous arrangements
have been made for adequate provision for the needs of the civilian population.
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SECTION II
RELIEF IN FAVOUR OF THE CIVILIAN POPULATION
Article 68—Field of application
The provisions of this Section apply to the civilian population as defined in
this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and
other relevant provisions of the Fourth Convention.
Article 69—Basic needs in occupied territories
1. In addition to the duties specified in Article 55 of the Fourth
Convention concerning food and medical supplies, the Occupying Power shall,
to the fullest extent of the means available to it and without any adverse
distinction, also ensure the provision of clothing, bedding, means of shelter,
other supplies essential to the survival of the civilian population of the occupied
territory and objects necessary for religious worship.
2. Relief actions for the benefit of the civilian population of occupied
territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the
Fourth Convention, and by Article 71 of this Protocol, and shall be
implemented without delay.
Article 70—Relief actions
1. If the civilian population of any territory under the control of a Party to
the conflict, other than occupied territory, is not adequately provided with the
supplies mentioned in Article 69, relief actions which are humanitarian and
impartial in character and conducted without any adverse distinction shall be
undertaken, subject to the agreement of the Parties concerned in such relief
actions. Offers of such relief shall not be regarded as interference in the armed
conflict or as unfriendly acts. In the distribution of relief consignments, priority
shall be given to those persons, such as children, expectant mothers, maternity
cases and nursing mothers, who, under the Fourth Convention or under this
Protocol, are to be accorded privileged treatment or special protection.
2. The Parties to the conflict and each High Contracting Party shall allow
and facilitate rapid and unimpeded passage of all relief consignments,
equipment and personnel provided in accordance with this Section, even if such
assistance is destined for the civilian population of the adverse Party.
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3. The Parties to the conflict and each High Contracting Party which allow
the passage of relief consignments, equipment and personnel in accordance with
paragraph 2:
(a) shall have the right to prescribe the technical arrangements, including
search, under which such passage is permitted;
(b) may make such permission conditional on the distribution of this
assistance being made under the local supervision of a Protecting
Power;
(c) shall, in no way whatsoever, divert relief consignments from the
purpose for which they are intended nor delay their forwarding, except
in cases of urgent necessity in the interest of the civilian population
concerned.
4. The Parties to the conflict shall protect relief consignments and
facilitate their rapid distribution.
5. The Parties to the conflict and each High Contracting Party concerned
shall encourage and facilitate effective international co-ordination of the relief
actions referred to in paragraph 1.
Article 71—Personnel participating in relief actions
1. Where necessary, relief personnel may form part of the assistance
provided in any relief action, in particular for the transportation and distribution
of relief consignments; the participation of such personnel shall be subject to
the approval of the Party in whose territory they will carry out their duties.
2. Such personnel shall be respected and protected.
3. Each Party in receipt of relief consignments shall, to the fullest extent
practicable, assist the relief personnel referred to in paragraph 1 in carrying out
their relief mission. Only in case of imperative military necessity may the
activities of the relief personnel be limited or their movements temporarily
restricted.
4. Under no circumstances may relief personnel exceed the terms of their
mission under this Protocol. In particular they shall take account of the security
requirements of the Party in whose territory they are carrying out their duties.
The mission of any of the personnel who do not respect these conditions may be
terminated.
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SECTION III
TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE
CONFLICT
Chapter I
FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS
Article 72—Field of application
The provisions of this Section are additional to the rules concerning
humanitarian protection of civilians and civilian objects in the power of a Party
to the conflict contained in the Fourth Convention, particularly Parts I and III
thereof, as well as to other applicable rules of international law relating to the
protection of fundamental human rights during international armed conflict.
Article 73—Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered as stateless
persons or refugees under the relevant international instruments accepted by the
Parties concerned or under the national legislation of the State of refuge or State
of residence shall be protected persons within the meaning of Parts I and III of
the Fourth Convention, in all circumstances and without any adverse
distinction.
Article 74—Reunion of dispersed families
The High Contracting Parties and the Parties to the conflict shall facilitate in
every possible way the reunion of families dispersed as a result of armed
conflicts and shall encourage in particular the work of the humanitarian
organizations engaged in this task in accordance with the provisions of the
Conventions and of this Protocol and in conformity with their respective
security regulations.
Article 75—Fundamental guarantees
1. In so far as they are affected by a situation referred to in Article 1 of
this Protocol, persons who are in the power of a Party to the conflict and who do
not benefit from more favourable treatment under the Conventions or under this
Protocol shall be treated humanely in all circumstances and shall enjoy, as a
minimum, the protection provided by this Article without any adverse
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distinction based upon race, colour, sex, language, religion or belief, political or
other opinion, national or social origin, wealth, birth or other status, or on any
other similar criteria. Each Party shall respect the person, honour, convictions
and religious practices of all such persons.
2. The following acts are and shall remain prohibited at any time and in
any place whatsoever, whether committed by civilian or by military agents:
(a) violence to the life, health, or physical or mental well-being of persons,
in particular:
(i) murder;
(ii) torture of all kinds, whether physical or mental;
(iii) corporal punishment; and
(iv) mutilation;
(b) outrages upon personal dignity, in particular humiliating and degrading
treatment, enforced prostitution and any form of indecent assault;
(c) the taking of hostages;
(d) collective punishments; and
(e) threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related to the
armed conflict shall be informed promptly, in a language he understands, of the
reasons why these measures have been taken. Except in cases of arrest or
detention for penal offences, such persons shall be released with the minimum
delay possible and in any event as soon as the circumstances justifying the
arrest, detention or internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a
person found guilty of a penal offence related to the armed conflict except
pursuant to a conviction pronounced by an impartial and regularly constituted
court respecting the generally recognized principles of regular judicial
procedure, which include the following:
(a) the procedure shall provide for an accused to be informed without delay
of the particulars of the offence alleged against him and shall afford the
accused before and during his trial all necessary rights and means of
defence;
(b) no one shall be convicted of an offence except on the basis of individual
penal responsibility;
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(c) no one shall be accused or convicted of a criminal offence on account of
any act or omission which did not constitute a criminal offence under
the national or international law to which he was subject at the time
when it was committed; nor shall a heavier penalty be imposed than that
which was applicable at the time when the criminal offence was
committed; if, after the commission of the offence, provision is made by
law for the imposition of a lighter penalty, the offender shall benefit
thereby;
(d) anyone charged with an offence is presumed innocent until proved
guilty according to law;
(e) anyone charged with an offence shall have the right to be tried in his
presence;
(f) no one shall be compelled to testify against himself or to confess guilt;
(g) anyone charged with an offence shall have the right to examine, or have
examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
witnesses against him;
(h) no one shall be prosecuted or punished by the same Party for an offence
in respect of which a final judgement acquitting or convicting that
person has been previously pronounced under the same law and judicial
procedure;
(i) anyone prosecuted for an offence shall have the right to have the
judgement pronounced publicly; and
(j) a convicted person shall be advised on conviction of his judicial and
other remedies and of the time-limits within which they may be
exercised.
5. Women whose liberty has been restricted for reasons related to the
armed conflict shall be held in quarters separated from men's quarters. They
shall be under the immediate supervision of women. Nevertheless, in cases
where families are detained or interned, they shall, whenever possible, be held
in the same place and accommodated as family units.
6. Persons who are arrested, detained or interned for reasons related to the
armed conflict shall enjoy the protection provided by this Article until their
final release, repatriation or re-establishment, even after the end of the armed
conflict.
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7. In order to avoid any doubt concerning the prosecution and trial of
persons accused of war crimes or crimes against humanity, the following
principles shall apply:
(a) persons who are accused of such crimes should be submitted for the
purpose of prosecution and trial in accordance with the applicable rules
of international law; and
(b) any such persons who do not benefit from more favourable treatment
under the Conventions or this Protocol shall be accorded the treatment
provided by this Article, whether or not the crimes of which they are
accused constitute grave breaches of the Conventions or of this
Protocol.
8. No provision of this Article may be construed as limiting or infringing
any other more favourable provision granting greater protection, under any
applicable rules of international law, to persons covered by paragraph 1.
Chapter II
MEASURES IN FAVOUR OF WOMEN AND CHILDREN
Article 76—Protection of women
1. Women shall be the object of special respect and shall be protected in
particular against rape, forced prostitution and any other form of indecent
assault.
2. Pregnant women and mothers having dependent infants who are
arrested, detained or interned for reasons related to the armed conflict, shall
have their cases considered with the utmost priority.
3. To the maximum extent feasible, the Parties to the conflict shall
endeavour to avoid the pronouncement of the death penalty on pregnant women
or mothers having dependent infants, for an offence related to the armed
conflict. The death penalty for such offences shall not be executed on such
women.
Article 77—Protection of children
1. Children shall be the object of special respect and shall be protected
against any form of indecent assault. The Parties to the conflict shall provide
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them with the care and aid they require, whether because of their age or for any
other reason.
2. The Parties to the conflict shall take all feasible measures in order that
children who have not attained the age of fifteen years do not take a direct part
in hostilities and, in particular, they shall refrain from recruiting them into their
armed forces. In recruiting among those persons who have attained the age of
fifteen years but who have not attained the age of eighteen years, the Parties to
the conflict shall endeavour to give priority to those who are oldest.
3. If, in exceptional cases, despite the provisions of paragraph 2, children
who have not attained the age of fifteen years take a direct part in hostilities and
fall into the power of an adverse Party, they shall continue to benefit from the
special protection accorded by this Article, whether or not they are prisoners of
war.
4. If arrested, detained or interned for reasons related to the armed
conflict, children shall be held in quarters separate from the quarters of adults,
except where families are accommodated as family units as provided in Article
75, paragraph 5.
5. The death penalty for an offence related to the armed conflict shall not
be executed on persons who had not attained the age of eighteen years at the
time the offence was committed.
Article 78—Evacuation of children
1. No Party to the conflict shall arrange for the evacuation of children,
other than its own nationals, to a foreign country except for a temporary
evacuation where compelling reasons of the health or medical treatment of the
children or, except in occupied territory, their safety, so require. Where the
parents or legal guardians can be found, their written consent to such evacuation
is required. If these persons cannot be found, the written consent to such
evacuation of the persons who by law or custom are primarily responsible for
the care of the children is required. Any such evacuation shall be supervised by
the Protecting Power in agreement with the Parties concerned, namely, the Party
arranging for the evacuation, the Party receiving the children and any Parties
whose nationals are being evacuated. In each case, all Parties to the conflict
shall take all feasible precautions to aviod endangering the evacuation.
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2. Whenever an evacuation occurs pursuant to paragraph 1, each child's
education, including his religious and moral education as his parents desire,
shall be provided while he is away with the greatest possible continuity.
3. With a view to facilitating the return to their families and country of
children evacuated pursuant to this Article, the authorities of the Party arranging
for the evacuation and, as appropriate, the authorities of the receiving country
shall establish for each child a card with photographs, which they shall send to
the Central Tracing Agency of the International Committee of the Red Cross.
Each card shall bear, whenever possible, and whenever it involves no risk of
harm to the child, the following information:
(a) surname(s) of the child;
(b) the child’s first name(s);
(c) the child’s sex;
(d) the place and date of birth (or, if that date is not known, the
approximate age);
(e) the father’s full name;
(f) the mother's full name and her maiden name;
(g) the child’s next-of-kin;
(h) the child’s nationality;
(i) the child’s native language, and any other languages he speaks;
(j) the address of the child’s family;
(k) any identification number for the child;
(l) the child’s state of health;
(m) the child’s blood group;
(n) any distinguishing features;
(o) the date on which and the place where the child was found;
(p) the date on which and the place from which the child left the country;
(q) the child’s religion, if any;
(r) the child’s present address in the receiving country;
(s) should the child die before his return, the date, place and circumstances
of death and place of interment.
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Chapter III
JOURNALISTS
Article 79—Measures of protection for journalists
1. Journalists engaged in dangerous professional missions in areas of
armed conflict shall be considered as civilians within the meaning of Article 50,
paragraph 1.
2. They shall be protected as such under the Conventions and this
Protocol, provided that they take no action adversely affecting their status as
civilians, and without prejudice to the right of war correspondents accredited to
the armed forces to the status provided for in Article 4A (4) of the Third
Convention.
3. They may obtain an identity card similar to the model in Annex II of
this Protocol. This card, which shall be issued by the government of the State of
which the journalist is a national or in whose territory he resides or in which the
news medium employing him is located, shall attest to his status as a journalist.
PART V
EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
SECTION I
GENERAL PROVISIONS
Article 80—Measures for execution
1. The High Contracting Parties and the Parties to the conflict shall
without delay take all necessary measures for the execution of their obligations
under the Conventions and this Protocol.
2. The High Contracting Parties and the Parties to the conflict shall give
orders and instructions to ensure observance of the Conventions and this
Protocol, and shall supervise their execution.
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Article 81—Activities of the Red Cross and other humanitarian organizations
1. The Parties to the conflict shall grant to the International Committee of
the Red Cross all facilities within their power so as to enable it to carry out the
humanitarian functions assigned to it by the Conventions and this Protocol in
order to ensure protection and assistance to the victims of conflicts; the
International Committee of the Red Cross may also carry out any other
humanitarian activities in favour of these victims, subject to the consent of the
Parties to the conflict concerned.
2. The Parties to the conflict shall grant to their respective Red Cross (Red
Crescent, Red Lion and Sun) organizations the facilities necessary for carrying
out their humanitarian activities in favour of the victims of the conflict, in
accordance with the provisions of the Conventions and this Protocol and the
fundamental principles of the Red Cross as formulated by the International
Conferences of the Red Cross.
3. The High Contracting Parties and the Parties to the conflict shall
facilitate in every possible way the assistance which Red Cross (Red Crescent,
Red Lion and Sun) organizations and the League of Red Cross Societies extend
to the victims of conflicts in accordance with the provisions of the Conventions
and this Protocol and with the fundamental principles of the Red Cross as
formulated by the International Conferences of the Red Cross.
4. The High Contracting Parties and the Parties to the conflict shall, as far
as possible, make facilities similar to those mentioned in paragraphs 2 and 3
available to the other humanitarian organizations referred to in the Conventions
and this Protocol which are duly authorized by the respective Parties to the
conflict and which perform their humanitarian activities in accordance with the
provisions of the Conventions and this Protocol.
Article 82—Legal advisers in armed forces
The High Contracting Parties at all times, and the Parties to the conflict in
time of armed conflict, shall ensure that legal advisers are available, when
necessary, to advise military commanders at the appropriate level on the
application of the Conventions and this Protocol and on the appropriate
instruction to be given to the armed forces on this subject.
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Article 83—Dissemination
1. The High Contracting Parties undertake, in time of peace as in time of
armed conflict, to disseminate the Conventions and this Protocol as widely as
possible in their respective countries and, in particular, to include the study
thereof in their programmes of military instruction and to encourage the study
thereof by the civilian population, so that those instruments may become known
to the armed forces and to the civilian population.
2. Any military or civilian authorities who, in time of armed conflict,
assume responsibilities in respect of the application of the Conventions and this
Protocol shall be fully acquainted with the text thereof.
Article 84—Rules of application
The High Contracting Parties shall communicate to one another, as soon as
possible, through the depositary and, as appropriate, through the Protecting
Powers, their official translations of this Protocol, as well as the laws and
regulations which they may adopt to ensure its application.
SECTION II
REPRESSION OF BREACHES OF THE CONVENTIONS AND OF THIS
PROTOCOL
Article 85—Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of breaches
and grave breaches, supplemented by this Section, shall apply to the repression
of breaches and grave breaches of this Protocol.
2. Acts described as grave breaches in the Conventions are grave breaches
of this Protocol if committed against persons in the power of an adverse Party
protected by Articles 44, 45 and 73 of this Protocol, or against the wounded,
sick and shipwrecked of the adverse Party who are protected by this Protocol, or
against those medical or religious personnel, medical units or medical transports
which are under the control of the adverse Party and are protected by this
Protocol.
3. In addition to the grave breaches defined in Article 11, the following
acts shall be regarded as grave breaches of this Protocol, when committed
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wilfully, in violation of the relevant provisions of this Protocol, and causing
death or serious injury to body or health:
(a) making the civilian population or individual civilians the object of
attack;
(b) launching an indiscriminate attack affecting the civilian population or
civilian objects in the knowledge that such attack will cause excessive
loss of life, injury to civilians or damage to civilian objects, as defined
in Article 57, paragraph 2 (a) (iii);
(c) launching an attack against works or installations containing dangerous
forces in the knowledge that such attack will cause excessive loss of
life, injury to civilians or damage to civilian objects, as defined in
Article 57, paragraph 2 (a) (iii);
(d) making non-defended localities and demilitarized zones the object of
attack;
(e) making a person the object of attack in the knowledge that he is hors de
combat;
(f) the perfidious use, in violation of Article 37, of the distinctive emblem
of the red cross, red crescent or red lion and sun or of other protective
signs recognized by the Conventions or this Protocol.
4. In addition to the grave breaches defined in the preceding paragraphs
and in the Conventions, the following shall be regarded as grave breaches of
this Protocol, when committed wilfully and in violation of the Conventions or
the Protocol:
(a) the transfer by the Occupying Power of parts of its own civilian
population into the territory it occupies, or the deportation or transfer of
all or parts of the population of the occupied territory within or outside
this territory, in violation of Article 49 of the Fourth Convention;
(b) unjustifiable delay in the repatriation of prisoners of war or civilians;
(c) practices of apartheid and other inhuman and degrading practices
involving outrages upon personal dignity, based on racial
discrimination;
(d) making the clearly recognized historic monuments, works of art or
places of worship which constitute the cultural or spiritual heritage of
peoples and to which special protection has been given by special
arrangement, for example, within the framework of a competent
international organization, the object of attack, causing as a result
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extensive destruction thereof, where there is no evidence of the
violation by the adverse Party of Article 53, sub-paragraph (b), and
when such historic monuments, works of art and places of worship are
not located in the immediate proximity of military objectives;
(e) depriving a person protected by the Conventions or referred to in
paragraph 2 of this Article of the rights of fair and regular trial.
5. Without prejudice to the application of the Conventions and of this
Protocol, grave breaches of these instruments shall be regarded as war crimes.
Article 86—Failure to act
1. The High Contracting Parties and the Parties to the conflict shall
represss grave breaches, and take measures necessary to suppress all other
breaches, of the Conventions or of this Protocol which result from a failure to
act when under a duty to do so.
2. The fact that a breach of the Conventions or of this Protocol was
committed by a subordinate does not absolve his superiors from penal or
disciplinary responsibility, as the case may be, if they knew, or had information
which should have enabled them to conclude in the circumstances at the time,
that he was committing or was going to commit such a breach and if they did
not take all feasible measures within their power to prevent or repress the
breach.
Article 87—Duty of commanders
1. The High Contracting Parties and the Parties to the conflict shall require
military commanders, with respect to members of the armed forces under their
command and other persons under their control, to prevent and, where
necessary, to suppress and to report to competent authorities breaches of the
Conventions and of this Protocol.
2. In order to prevent and suppress breaches, High Contracting Parties and
Parties to the conflict shall require that, commensurate with their level of
responsibility, commanders ensure that members of the armed forces under their
command are aware of their obligations under the Conventions and this
Protocol.
3. The High Contracting Parties and Parties to the conflict shall require
any commander who is aware that subordinates or other persons under his
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control are going to commit or have committed a breach of the Conventions or
of this Protocol, to initiate such steps as are necessary to prevent such violations
of the Conventions or this Protocol, and, where appropriate, to initiate
disciplinary or penal action against violators thereof.
Article 88—Mutual assistance in criminal matters
1. The High Contracting Parties shall afford one another the greatest
measure of assistance in connexion with criminal proceedings brought in
respect of grave breaches of the Conventions or of this Protocol.
2. Subject to the rights and obligations established in the Conventions and
in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the
High Contracting Parties shall co-operate in the matter of extradition. They
shall give due consideration to the request of the State in whose territory the
alleged offence has occurred.
3. The law of the High Contracting Party requested shall apply in all
cases. The provisions of the preceding paragraphs shall not, however, affect the
obligations arising from the provisions of any other treaty of a bilateral or
multilateral nature which governs or will govern the whole or part of the subject
of mutual assistance in criminal matters.
Article 89—Co-operation
In situations of serious violations of the Conventions or of this Protocol, the
High Contracting Parties undertake to act, jointly or individually, in
co-operation with the United Nations and in conformity with the United Nations
Charter.
Article 90—International Fact-Finding Commission
1. (a) An International Fact-Finding Commission (hereinafter referred to
as “the Commission”) consisting of fifteen members of high moral
standing and acknowledged impartiality shall be established.
(b) When not less than twenty High Contracting Parties have agreed to
accept the competence of the Commission pursuant to paragraph 2,
the depositary shall then, and at intervals of five years thereafter,
convene a meeting of representatives of those High Contracting
Parties for the purpose of electing the members of the Commission.
At the meeting, the representatives shall elect the members of the
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Commission by secret ballot from a list of persons to which each of
those High Contracting Parties may nominate one person.
(c) The members of the Commission shall serve in their personal
capacity and shall hold office until the election of new members at
the ensuing meeting.
(d) At the election, the High Contracting Parties shall ensure that the
persons to be elected to the Commission individually possess the
qualifications required and that, in the Commission as a whole,
equitable geographical representation is assured.
(e) In the case of a casual vacancy, the Commission itself shall fill the
vacancy, having due regard to the provisions of the preceding
sub-paragraphs.
(f) The depositary shall make available to the Commission the
necessary administrative facilities for the performance of its
functions.
2. (a) The High Contracting Parties may at the time of signing, ratifying
or acceding to the Protocol, or at any other subsequent time,
declare that they recognize ipso facto and without special
agreement, in relation to any other High Contracting Party
accepting the same obligation, the competence of the Commission
to enquire into allegations by such other Party, as authorized by
this Article.
(b) The declarations referred to above shall be deposited with the
depositary, which shall transmit copies thereof to the High
Contracting Parties.
(c) The Commission shall be competent to:
(i) enquire into any facts alleged to be a grave breach as defined
in the Conventions and this Protocol or other serious
violation of the Conventions or of this Protocol;
(ii) facilitate, through its good offices, the restoration of an
attitude of respect for the Conventions and this Protocol.
(d) In other situations, the Commission shall institute an enquiry at the
request of a Party to the conflict only with the consent of the other
Party or Parties concerned.
(e) Subject to the foregoing provisions of this paragraph, the
provisions of Article 52 of the First Convention, Article 53 of the
Second Convention, Article 132 of the Third Convention and
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Article 149 of the Fourth Convention shall continue to apply to any
alleged violation of the Conventions and shall extend to any
alleged violation of this Protocol.
3. (a) Unless otherwise agreed by the Parties concerned, all enquiries
shall be undertaken by a Chamber consisting of seven members
appointed as follows:
(i) five members of the Commission, not nationals of any Party
to the conflict, appointed by the President of the Commission
on the basis of equitable representation of the geographical
areas, after consultation with the Parties to the conflict;
(ii) two ad hoc members, not nationals of any Party to the
conflict, one to be appointed by each side.
(b) Upon receipt of the request for an enquiry, the President of the
Commission shall specify an appropriate time-limit for setting up a
Chamber. If any ad hoc member has not been appointed within the
time-limit, the President shall immediately appoint such additional
member or members of the Commission as may be necessary to
complete the membership of the Chamber.
4. (a) The Chamber set up under paragraph 3 to undertake an enquiry
shall invite the Parties to the conflict to assist it and to present
evidence. The Chamber may also seek such other evidence as it
deems appropriate and may carry out an investigation of the
situation in loco.
(b) All evidence shall be fully disclosed to the Parties, which shall
have the right to comment on it to the Commission.
(c) Each Party shall have the right to challenge such evidence.
5. (a) The Commission shall submit to the Parties a report on the findings
of fact of the Chamber, with such recommendations as it may deem
appropriate.
(b) If the Chamber is unable to secure sufficient evidence for factual
and impartial findings, the Commission shall state the reasons for
that inability.
(c) The Commission shall not report its findings publicly, unless all
the Parties to the conflict have requested the Commission to do so.
6. The Commission shall establish its own rules, including rules for the
presidency of the Commission and the presidency of the Chamber. Those rules
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shall ensure that the functions of the President of the Commission are exercised
at all times and that, in the case of an enquiry, they are exercised by a person
who is not a national of a Party to the conflict.
7. The administrative expenses of the Commission shall be met by
contributions from the High Contracting Parties which made declarations under
paragraph 2, and by voluntary contributions. The Party or Parties to the conflict
requesting an enquiry shall advance the necessary funds for expenses incurred
by a Chamber and shall be reimbursed by the Party or Parties against which the
allegations are made to the extent of fifty per cent of the costs of the Chamber.
Where there are counter-allegations before the Chamber each side shall advance
fifty per cent of the necessary funds.
Article 91—Responsibility
A Party to the conflict which violates the provisions of the Conventions or of
this Protocol shall, if the case demands, be liable to pay compensation. It shall
be responsible for all acts committed by persons forming part of its armed
forces.
PART VI
FINAL PROVISIONS
Article 92—Signature
This Protocol shall be open for signature by the Parties to the Conventions
six months after the signing of the Final Act and will remain open for a period
of twelve months.
Article 93—Ratification
This Protocol shall be ratified as soon as possible. The instruments of
ratification shall be deposited with the Swiss Federal Council, depositary of the
Conventions.
Article 94—Accession
This Protocol shall be open for accession by any Party to the Conventions
which has not signed it. The instruments of accession shall be deposited with
the depositary.
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Article 95—Entry into force
1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or acceding to
this Protocol, it shall enter into force six months after the deposit by such Party
of its instrument of ratification or accession.
Article 96—Treaty relations upon entry into force of this Protocol
1. When the Parties to the Conventions are also Parties to this Protocol,
the Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the
Parties to the Protocol shall remain bound by it in their mutual relations. They
shall furthermore be bound by this Protocol in relation to each of the Parties
which are not bound by it, if the latter accepts and applies the provisions
thereof.
3. The authority representing a people engaged against a High Contracting
Party in an armed conflict of the type referred to in Article 1, paragraph 4, may
undertake to apply the Conventions and this Protocol in relation to that conflict
by means of a unilateral declaration addressed to the depositary. Such
declaration shall, upon its receipt by the depositary, have in relation to that
conflict the following effects:
(a) the Conventions and this Protocol are brought into force for the said
authority as a Party to the conflict with immediate effect;
(b) the said authority assumes the same rights and obligations as those
which have been assumed by a High Contracting Party to the
Conventions and this Protocol; and
(c) the Conventions and this Protocol are equally binding upon all Parties
to the conflict.
Article 97—Amendment
1. Any High Contracting Party may propose amendments to this Protocol.
The text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting Parties and
the International Committee of the Red Cross, whether a conference should be
convened to consider the proposed amendment.
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2. The depositary shall invite to that conference all the High Contracting
Parties as well as the Parties to the Conventions, whether or not they are
signatories of this Protocol.
Article 98—Revision of Annex I
1. Not later than four years after the entry into force of this Protocol and
thereafter at intervals of not less than four years, the International Committee of
the Red Cross shall consult the High Contracting Parties concerning Annex I to
this Protocol and, if it considers it necessary, may propose a meeting of
technical experts to review Annex I and to propose such amendments to it as
may appear to be desirable. Unless, within six months of the communication of
a proposal for such a meeting to the High Contracting Parties, one third of them
object, the International Committee of the Red Cross shall convene the meeting,
inviting also observers of appropriate international organizations. Such a
meeting shall also be convened by the International Committee of the Red
Cross at any time at the request of one third of the High Contracting Parties.
2. The depositary shall convene a conference of the High Contracting
Parties and the Parties to the Conventions to consider amendments proposed by
the meeting of technical experts if, after that meeting, the International
Committee of the Red Cross or one third of the High Contracting Parties so
request.
3. Amendments to Annex I may be adopted at such a conference by a
two-thirds majority of the High Contracting Parties present and voting.
4. The depositary shall communicate any amendment so adopted to the
High Contracting Parties and to the Parties to the Conventions. The amendment
shall be considered to have been accepted at the end of a period of one year
after it has been so communicated, unless within that period a declaration of
non-acceptance of the amendment has been communicated to the depositary by
not less than one third of the High Contracting Parties.
5. An amendment considered to have been accepted in accordance with
paragraph 4 shall enter into force three months after its acceptance for all High
Contracting Parties other than those which have made a declaration of
non-acceptance in accordance with that paragraph. Any Party making such a
declaration may at any time withdraw it and the amendment shall then enter into
force for that Party three months thereafter.
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6. The depositary shall notify the High Contracting Parties and the Parties
to the Conventions of the entry into force of any amendment, of the Parties
bound thereby, of the date of its entry into force in relation to each Party, of
declarations of non-acceptance made in accordance with paragraph 4, and of
withdrawals of such declarations.
Article 99—Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in one of the situations referred to in Article 1, the denunciation shall
not take effect before the end of the armed conflict or occupation and not, in any
case, before operations connected with the final release, repatriation or
re-establishment of the persons protected by the Conventions or this Protocol
have been terminated.
2. The denunciation shall be notified in writing to the depositary, which
shall transmit it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing
Party.
4. Any denunciation under paragraph 1 shall not affect the obligations
already incurred, by reason of the armed conflict, under this Protocol by such
denouncing Party in respect of any act committed before this denunciation
becomes effective.
Article 100—Notifications
The depositary shall inform the High Contracting Parties as well as the
Parties to the Conventions, whether or not they are signatories of this Protocol,
of:
(a) signatures affixed to this Protocol and the deposit of instruments of
ratification and accession under Articles 93 and 94;
(b) the date of entry into force of this Protocol under Article 95;
(c) communications and declarations received under Articles 84, 90 and 97;
(d) declarations received under Article 96, paragraph 3, which shall be
communicated by the quickest methods; and
(e) denunciations under Article 99.
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Article 101—Registration
1. After its entry into force, this Protocol shall be transmitted by the
depositary to the Secretariat of the United Nations for registration and
publication, in accordance with Article 102 of the Charter of the United
Nations.
2. The depositary shall also inform the Secretariat of the United Nations of
all ratifications, accessions and denunciations received by it with respect to this
Protocol.
Article 102—Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
depositary, which shall transmit certified true copies thereof to all the Parties to
the Conventions.
ANNEX I
REGULATIONS CONCERNING IDENTIFICATION
Chapter I
IDENTITY CARDS
Article 1—Identity card for permanent civilian medical and religious personnel
1. The identity card for permanent civilian medical and religious
personnel referred to in Article 18, paragraph 3, of the Protocol should:
(a) bear the distinctive emblem and be of such size that it can be carried in
the pocket;
(b) be as durable as practicable;
(c) be worded in the national or official language (and may in addition be
worded in other languages);
(d) mention the name, the date of birth (or, if that date is not available, the
age at the time of issue) and the identity number, if any, of the holder;
(e) state in what capacity the holder is entitled to the protection of the
Conventions and of the Protocol;
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(f) bear the photograph of the holder as well as his signature or his
thumbprint, or both;
(g) bear the stamp and signature of the competent authority;
(h) state the date of issue and date of expiry of the card.
2. The identity card shall be uniform throughout the territory of each High
Contracting Party and, as far as possible, of the same type for all parties to the
conflict. The Parties to the conflict may be guided by the single-languange
model shown in Figure 1. At the outbreak of hostilities, they shall transmit to
each other a specimen of the model they are using, if such model differs from
that shown in Figure 1. The identity card shall be made out, if possible, in
duplicate, one copy being kept by the issuing authority, which should maintain
control of the cards which it has issued.
3. In no circumstances may permanent civilian medical and religious
personnel be deprived of their identity cards. In the event of the loss of a card,
they shall be entitled to obtain a duplicate copy.
Article 2—Identity card for temporary civilian medical and religious personnel
1. The identity card for temporary civilian medical and religious personnel
should, whenever possible, be similar to that provided for in Article 1 of these
Regulations. The Parties to the conflict may be guided by the model shown in
Figure 1.
2. When circumstances preclude the provision to temporary civilian
medical and religious personnel of identity cards similar to those described in
Article 1 of these Regulations, the said personnel may be provided with a
certificate signed by the competent authority certifying that the person to whom
it is issued is assigned to duty as temporary personnel and stating, if possible,
the duration of such assignment and his right to wear the distinctive emblem.
The certificate should mention the holder's name and date of birth (or if that
date is not available, his age at the time when the certificate was issued), his
function and identity number, if any. It shall bear his signature or his
thumbprint, or both.
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Fig. 1: Model of identity card
(format: 74mm x 105mm)
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Chapter II
THE DISTINCTIVE EMBLEM
Article 3—Shape and nature
1. The distinctive emblem (red on a white ground) shall be as large as
appropriate under the circumstances. For the shapes of the cross, the crescent or
the lion and sun, the High Contracting Parties may be guided by the models
shown in Figure 2.
2. At night or when visibility is reduced, the distinctive emblem may be
lighted or illuminated; it may also be made of materials rendering it
recognizable by technical means of detection.
Fig. 2: Distinctive emblems in red on a white ground
Article 4—Use
1. The distinctive emblem shall, whenever possible, be displayed on a flat
surface or on flags visible from as many directions and from as far away as
possible.
2. Subject to the instructions of the competent authority, medical and
religious personnel carrying out their duties in the battle area shall, as far as
possible, wear headgear and clothing bearing the distinctive emblem.
Chapter III
DISTINCTIVE SIGNALS
Article 5—Optional Use
1. Subject to the provisions of Article 6 of these Regulations, the signals
specified in this Chapter for exclusive use by medical units and transports shall
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not be used for any other purpose. The use of all signals referred to in this
Chapter is optional.
2. Temporary medical aircraft which cannot, either for lack of time or
because of their characteristics, be marked with the distinctive emblem, may use
the distinctive signals authorized in this Chapter. The best method of effective
identification and recognition of medical aircraft is, however, the use of a visual
signal, either the distinctive emblem or the light signal specified in Article 6, or
both, supplemented by the other signals referred to in Articles 7 and 8 of these
Regulations.
Article 6—Light signal
1. The light signal, consisting of a flashing blue light, is established for the
use of medical aircraft to signal their identity. No other aircraft shall use this
signal. The recommended blue colour is obtained by using, as trichromatic
co-ordinates:
green boundary y = 0.065 + 0.805x
white boundary y = 0.400 – x
purple boundary x = 0.133 + 0.600y
The recommended flashing rate of the blue light is between sixty and one
hundred flashes per minute.
2. Medical aircraft should be equipped with such lights as may be
necessary to make the light signal visible in as many directions as possible.
3. In the absence of a special agreement between the Parties to the conflict
reserving the use of flashing blue lights for the identification of medical
vehicles and ships and craft, the use of such signals for other vehicles or ships is
not prohibited.
Article 7—Radio signal
1. The radio signal shall consist of a radiotelephonic or radiotelegraphic
message preceded by a distinctive priority signal to be designated and approved
by a World Administrative Radio Conference of the International
Telecommunication Union. It shall be transmitted three times before the call
sign of the medical transport involved. This message shall be transmitted in
English at appropriate intervals on a frequency or frequencies specified
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pursuant to paragraph 3. The use of the priority signal shall be restricted
exclusively to medical units and transports.
2. The radio message preceded by the distinctive priority signal mentioned
in paragraph 1 shall convey the following data:
(a) call sign of the medical transport;
(b) position of the medical transport;
(c) number and type of medical transports;
(d) intended route;
(e) estimated time en route and of departure and arrival, as appropriate;
(f) any other information such as flight altitude, radio frequencies guarded,
languages and secondary surveillance radar modes and codes.
3. In order to facilitate the communications referred to in paragraphs 1 and
2, as well as the communications referred to in Articles 22, 23, 25, 26, 27, 28,
29, 30 and 31 of the Protocol, the High Contracting Parties, the Parties to a
conflict, or one of the Parties to a conflict, acting in agreement or alone, may
designate, in accordance with the Table of Frequency Allocations in the Radio
Regulations annexed to the International Telecommunication Convention, and
publish selected national frequencies to be used by them for such
communications. These frequencies shall be notified to the International
Telecommunication Union in accordance with procedures to be approved by a
World Administrative Radio Conference.
Article 8—Electronic identification
1. The Secondary Surveillance Radar (SSR) system, as specified in Annex
10 to the Chicago Convention on International Civil Aviation of 7 December
1944, as amended from time to time, may be used to identify and to follow the
course of medical aircraft. The SSR mode and code to be reserved for the
exclusive use of medical aircraft shall be established by the High Contracting
Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in
agreement or alone, in accordance with procedures to be recommended by the
International Civil Aviation Organization.
2. Parties to a conflict may, by special agreement between them, establish
for their use a similar electronic system for the identification of medical
vehicles, and medical ships and craft.
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Chapter IV
COMMUNICATIONS
Article 9—Radiocommunications
The priority signal provided for in Article 7 of these Regulations may
precede appropriate radiocommunications by medical units and transports in the
application of the procedures carried out under Articles 22, 23, 25, 26, 27, 28,
29, 30 and 31 of the Protocol.
Article 10—Use of international codes
Medical units and transports may also use the codes and signals laid down
by the International Telecommunication Union, the International Civil Aviation
Organization and the Inter-Governmental Maritime Consultative Organization.
These codes and signals shall be used in accordance with the standards,
practices and procedures established by these Organizations.
Article 11—Other means of communication
When two-way radiocommunication is not possible, the signals provided for
in the International Code of Signals adopted by the Inter-Governmental
Maritime Consultative Organization or in the appropriate Annex to the Chicago
Convention on International Civil Aviation of 7 December 1944, as amended
from time to time, may be used.
Article 12—Flight plans
The agreements and notifications relating to flight plans provided for in
Article 29 of the Protocol shall as far as possible be formulated in accordance
with procedures laid down by the International Civil Aviation Organization.
Article 13—Signals and procedures for the interception of medical aircraft
If an intercepting aircraft is used to verify the identity of a medical aircraft in
flight or to require it to land in accordance with Articles 30 and 31 of the
Protocol, the standard visual and radio interception procedures prescribed by
Annex 2 to the Chicago Convention on International Civil Aviation of
7 December 1944, as amended from time to time, should be used by the
intercepting and the medical aircraft.
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Chapter V
CIVIL DEFENCE
Article 14—Identity card
1. The identity card of the civil defence personnel provided for in Article
66, paragraph 3, of the Protocol is governed by the relevant provisions of
Article 1 of these Regulations.
2. The identity card for civil defence personnel may follow the model
shown in Figure 3.
3. If civil defence personnel are permitted to carry light individual
weapons, an entry to that effect should be made on the card mentioned.
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FRONT
(space reserved for the name
of the country and authority
issuing this card)
IDENTITY CARD
for civil defence personnel
Name ..................................................................................................................
..........................................................................................................................
Date of birth (or age) ..........................................................................................
Identity No. (if any) ............................................................................................
The holder of this card is protected by the Geneva Conventions of 12 August
1949 and by the Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Protection of Victims of International Armed Conflicts
(Protocol I) in his capacity as .............................................................................
..........................................................................................................................
Date of issue .................................... No. of card ..........................................
Signature of issuing
authority
Date if expiry .................................
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REVERSE SIDE
Height ........................... Eyes.......................... Hair ..............................
Other distinguishing marks or information:
..........................................................................................................................
..........................................................................................................................
Weapons .............................................................................................................
PHOTO OF HOLDER
Stamp Signature of holder or thumbprint or both
Fig. 3: Model of identity card for civil defence personnel
(format: 74mm x 105mm)
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Article 15—International distinctive sign
1. The international distinctive sign of civil defence provided for in Article
66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange
ground. A model is shown in Figure 4:
Fig. 4: Blue triangle on an orange ground
2. It is recommended that:
(a) if the blue triangle is on a flag or armlet or tabard, the ground to the
triangle be the orange flag, armlet or tabard;
(b) one of the angles of the triangle be pointed vertically upwards;
(c) no angle of the triangle touch the edge of the orange ground.
3. The international distinctive sign shall be as large as appropriate under
the circumstances. The distinctive sign shall, whenever possible, be displayed
on flat surfaces or on flags visible from as many directions and from as far away
as possible. Subject to the instructions of the competent authority, civil defence
personnel shall, as far as possible, wear headgear and clothing bearing the
international distinctive sign. At night or when visibility is reduced, the sign
may be lighted or illuminated; it may also be made of materials redering it
recognizable by technical means of detection.
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Chapter VI
WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES
Article 16—International special sign
1. The international special sign for works and installations containing
dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol,
shall be a group of three bright orange circles of equal size, placed on the same
axis, the distance between each circle being one radius, in accordance with
Figure 5 illustrated below.
2. The sign shall be as large as appropriate under the circumstances. When
displayed over an extended surface it may be repeated as often as appropriate
under the circumstances. It shall, whenever possible, be displayed on flat
surfaces or on flags so as to be visible from as many directions and from as far
away as possible.
3. On a flag, the distance between the outer limits of the sign and the
adjacent sides of the flag shall be one radius of a circle. The flag shall be
rectangular and shall have a white ground.
4. At night or when visibility is reduced, the sign may be lighted or
illuminated. It may also be made of materials rendering it recognizable by
technical means of detection.
Fig. 5: International special sign for works and installations containing
dangerous forces
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ANNEX II
IDENTITY CARD FOR JOURNALISTS ON DANGEROUS
PROFESSIONAL MISSIONS
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Schedule 6—Protocol Additional to the
Geneva Conventions of 12 August
1949, and relating to the Adoption of
an Additional Distinctive Emblem
(Protocol III) Section 5
Preamble
The High Contracting Parties,
(PP1) Reaffirming the provisions of the Geneva Conventions of 12 August 1949
(in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and,
where applicable, their Additional Protocols of 8 June 1977 (in particular
Articles 18 and 38 of Additional Protocol I and Article 12 of Additional
Protocol II), concerning the use of distinctive emblems,
(PP2) Desiring to supplement the aforementioned provisions so as to enhance
their protective value and universal character,
(PP3) Noting that this Protocol is without prejudice to the recognized right of
High Contracting Parties to continue to use the emblems they are using in
conformity with their obligations under the Geneva Conventions and, where
applicable, the Protocols additional thereto,
(PP4) Recalling that the obligation to respect persons and objects protected by
the Geneva Conventions and the Protocols additional thereto derives from their
protected status under international law and is not dependent on use of the
distinctive emblems, signs or signals,
(PP5) Stressing that the distinctive emblems are not intended to have any
religious, ethnic, racial, regional or political significance,
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(PP6) Emphasizing the importance of ensuring full respect for the obligations
relating to the distinctive emblems recognized in the Geneva Conventions, and,
where applicable, the Protocols additional thereto,
(PP7) Recalling that Article 44 of the First Geneva Convention makes the
distinction between the protective use and the indicative use of the distinctive
emblems,
(PP8) Recalling further that National Societies undertaking activities on the
territory of another State must ensure that the emblems they intend to use within
the framework of such activities may be used in the country where the activity
takes place and in the country or countries of transit,
(PP9) Recognizing the difficulties that certain States and National Societies may
have with the use of the existing distinctive emblems,
(PP10) Noting the determination of the International Committee of the Red
Cross, the International Federation of Red Cross and Red Crescent Societies
and the International Red Cross and Red Crescent Movement to retain their
current names and emblems,
Have agreed on the following:
Article 1 - Respect for and scope of application of this Protocol
1. The High Contracting Parties undertake to respect and to ensure respect for
this Protocol in all circumstances.
2. This Protocol reaffirms and supplements the provisions of the four Geneva
Conventions of 12 August 1949 (“the Geneva Conventions”) and, where
applicable, of their two Additional Protocols of 8 June 1977 (“the 1977
Additional Protocols”) relating to the distinctive emblems, namely the red cross,
the red crescent and the red lion and sun, and shall apply in the same situations
as those referred to in these provisions.
Article 2 - Distinctive emblems
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Adoption of an Additional Distinctive Emblem (Protocol III) Schedule 6
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1. This Protocol recognizes an additional distinctive emblem in addition to,
and for the same purposes as, the distinctive emblems of the Geneva
Conventions. The distinctive emblems shall enjoy equal status.
2. This additional distinctive emblem, composed of a red frame in the shape of
a square on edge on a white ground, shall conform to the illustration in the
Annex to this Protocol. This distinctive emblem is referred to in this Protocol as
the “third Protocol emblem”.
3. The conditions for use of and respect for the third Protocol emblem are
identical to those for the distinctive emblems established by the Geneva
Conventions and, where applicable, the 1977 Additional Protocols.
4. The medical services and religious personnel of armed forces of High
Contracting Parties may, without prejudice to their current emblems, make
temporary use of any distinctive emblem referred to in paragraph 1 of this
Article where this may enhance protection.
Article 3 - Indicative use of the third Protocol emblem
1. National Societies of those High Contracting Parties which decide to use the
third Protocol emblem may, in using the emblem in conformity with relevant
national legislation, choose to incorporate within it, for indicative purposes:
a) a distinctive emblem recognized by the Geneva Conventions or a
combination of these emblems; or
b) another emblem which has been in effective use by a High Contracting
Party and was the subject of a communication to the other High Contracting
Parties and the International Committee of the Red Cross through the depositary
prior to the adoption of this Protocol.
Incorporation shall conform to the illustration in the Annex to this Protocol.
2. A National Society which chooses to incorporate within the third Protocol
emblem another emblem in accordance with paragraph 1 above, may, in
conformity with national legislation, use the designation of that emblem and
display it within its national territory.
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3. National Societies may, in accordance with national legislation and in
exceptional circumstances and to facilitate their work, make temporary use of
the distinctive emblem referred to in Article 2 of this Protocol.
4. This Article does not affect the legal status of the distinctive emblems
recognized in the Geneva Conventions and in this Protocol, nor does it affect
the legal status of any particular emblem when incorporated for indicative
purposes in accordance with paragraph 1 of this Article.
Article 4 - International Committee of the Red Cross and
International
Federation of Red Cross and Red Crescent Societies
The International Committee of the Red Cross and the International Federation
of Red Cross and Red Crescent Societies, and their duly authorized personnel,
may use, in exceptional circumstances and to facilitate their work, the
distinctive emblem referred to in Article 2 of this Protocol.
Article 5 - Missions under United Nations auspices
The medical services and religious personnel participating in operations under
the auspices of the United Nations may, with the agreement of participating
States, use one of the distinctive emblems mentioned in Articles 1 and 2.
Article 6 - Prevention and repression of misuse
1. The provisions of the Geneva Conventions and, where applicable, the 1977
Additional Protocols, governing prevention and repression of misuse of the
distinctive emblems shall apply equally to the third Protocol emblem. In
particular, the High Contracting Parties shall take measures necessary for the
prevention and repression, at all times, of any misuse of the distinctive emblems
mentioned in Articles 1 and 2 and their designations, including the perfidious
use and the use of any sign or designation constituting an imitation thereof.
2. Notwithstanding paragraph 1 above, High Contracting Parties may permit
prior users of the third Protocol emblem, or of any sign constituting an imitation
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thereof, to continue such use, provided that the said use shall not be such as
would appear, in time of armed conflict, to confer the protection of the Geneva
Conventions and, where applicable, the 1977 Additional Protocols, and
provided that the rights to such use were acquired before the adoption of this
Protocol.
Article 7 - Dissemination
The High Contracting Parties undertake, in time of peace as in time of armed
conflict, to disseminate this Protocol as widely as possible in their respective
countries and, in particular, to include the study thereof in their programmes of
military instruction and to encourage the study thereof by the civilian
population, so that this instrument may become known to the armed forces and
to the civilian population.
Article 8 - Signature
This Protocol shall be open for signature by the Parties to the Geneva
Conventions on the day of its adoption and will remain open for a period of
twelve months.
Article 9 - Ratification
This Protocol shall be ratified as soon as possible. The instruments of
ratification shall be deposited with the Swiss Federal Council, depositary of the
Geneva Conventions and the 1977 Additional Protocols.
Article 10 - Accession
This Protocol shall be open for accession by any Party to the Geneva
Conventions which has not signed it. The instruments of accession shall be
deposited with the depositary.
Article 11 - Entry into force
1. This Protocol shall enter into force six months after two instruments of
ratification or accession have been deposited.
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2. For each Party to the Geneva Conventions thereafter ratifying or acceding to
this Protocol, it shall enter into force six months after the deposit by such Party
of its instrument of ratification or accession.
Article 12 - Treaty relations upon entry into force of this Protocol
1. When the Parties to the Geneva Conventions are also Parties to this
Protocol, the Conventions shall apply as supplemented by this Protocol.
2. When one of the Parties to the conflict is not bound by this Protocol, the
Parties to the Protocol shall remain bound by it in their mutual relations. They
shall furthermore be bound by this Protocol in relation to each of the Parties
which are not bound by it, if the latter accepts and applies the provisions
thereof.
Article 13 - Amendment
1. Any High Contracting Party may propose amendments to this Protocol. The
text of any proposed amendment shall be communicated to the depositary,
which shall decide, after consultation with all the High Contracting Parties, the
International Committee of the Red Cross and the International Federation of
Red Cross and Red Crescent Societies, whether a conference should be
convened to consider the proposed amendment.
2. The depositary shall invite to that conference all the High Contracting
Parties as well as the Parties to the Geneva Conventions, whether or not they are
signatories of this Protocol.
Article 14 - Denunciation
1. In case a High Contracting Party should denounce this Protocol, the
denunciation shall only take effect one year after receipt of the instrument of
denunciation. If, however, on the expiry of that year the denouncing Party is
engaged in a situation of armed conflict or occupation, the denunciation shall
not take effect before the end of the armed conflict or occupation.
2. The denunciation shall be notified in writing to the depositary, which shall
transmit it to all the High Contracting Parties.
3. The denunciation shall have effect only in respect of the denouncing Party.
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4. Any denunciation under paragraph 1 shall not affect the obligations already
incurred, by reason of the armed conflict or occupation, under this Protocol by
such denouncing Party in respect of any act committed before this denunciation
becomes effective.
Article 15 - Notifications
The depositary shall inform the High Contracting Parties as well as the Parties
to the Geneva Conventions, whether or not they are signatories of this Protocol,
of:
a) signatures affixed to this Protocol and the deposit of instruments of
ratification and accession under Articles 8, 9 and 10;
b) the date of entry into force of this Protocol under Article 11 within ten days
of said entry into force;
c) communications received under Article 13;
d) denunciations under Article 14.
Article 16 - Registration
1. After its entry into force, this Protocol shall be transmitted by the depositary
to the Secretariat of the United Nations for registration and publication, in
accordance with Article 102 of the Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by it with respect to this
Protocol.
Article 17 - Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
depositary, which shall transmit certified true copies thereof to all the Parties to
the Geneva Conventions.
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ANNEX
THIRD PROTOCOL EMBLEM
(Article 2, paragraph 2 and Article 3, paragraph 1 of the Protocol)
Article 1 - Distinctive emblem
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Article 2 - Indicative use of the third Protocol emblem
Note: The emblems in the Annex to the Protocol are in red on a white ground.
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Endnotes
Endnote 1—About the endnotes
276 Geneva Conventions Act 1957
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Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnotes
Endnote 1—About the endnotes
Geneva Conventions Act 1957 277
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be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
278 Geneva Conventions Act 1957
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Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced
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Endnotes
Endnote 3—Legislation history
Geneva Conventions Act 1957 279
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Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Geneva Conventions Act
1957
103, 1957 18 Dec
1957
1 Sept 1959 (s 2 and gaz
1959, p 3001)
Statute Law Revision
(Decimal Currency) Act
1966
93, 1966 29 Oct
1966
First Sch: 1 Dec 1966
(s 2(1))
—
Statute Law Revision
Act 1973
216, 1973 19 Dec
1973
s 9(1), 10 and Sch 1:
31 Dec 1973 (s 2)
s 9(1) and 10
Defence Force
(Miscellaneous
Provisions) Act 1982
153, 1982 31 Dec
1982
s 74–77: 3 July 1985 (s 2
and gaz 1985, No S255)
—
Director of Public
Prosecutions
(Consequential
Amendments) Act 1983
114, 1983 14 Dec
1983
s 19: 5 Mar 1984 (s 2(1)) —
Geneva Conventions
Amendment Act 1991
27, 1991 4 Mar 1991 28 Mar 1991 (s 2(1) and
gaz 1991, No S81)
—
as amended by
Statute Law Revision
Act 1996
43, 1996 25 Oct
1996
Sch 3 (item 27): 4 Mar
1991 (s 2(3))
—
Law and Justice
Legislation Amendment
(Application of Criminal
Code) Act 2001
24, 2001 6 Apr 2001 s 4(1), (2) and Sch 30:
24 May 2001 (s 2(1)(a))
s 4(1), (2)
International Criminal
Court (Consequential
Amendments) Act 2002
42, 2002 27 June
2002
Sch 3: 26 Sept 2002
(s 2(1) (item 2)
—
Defence Legislation
(Miscellaneous
Amendments) Act 2009
18, 2009 26 Mar
2009
Sch 1 (items 3–12):
15 Feb 2010
—
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Endnote 3—Legislation history
280 Geneva Conventions Act 1957
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Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Statute Law Revision
Act (No. 1) 2016
4, 2016 11 Feb
2016
Sch 4 (item 393): 10 Mar
2016 (s 2(1) item 6)
—
Statute Update Act 2016 61, 2016 23 Sept
2016
Sch 1 (item 249): 21 Oct
2016 (s 2(1) item 1)
—
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Endnote 4—Amendment history
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Endnote 4—Amendment history
Provision affected How affected
Title ............................................... am No 27, 1991
Part I
s 2 .................................................. am No 27, 1991
s 3 .................................................. rep No 216, 1973
s 4 .................................................. rep No 216, 1973
s 5 .................................................. am No 216, 1973; No 153, 1982; No 27, 1991; No 18, 2009
s 6 .................................................. am No 216, 1973
s 6A ............................................... ad No 24, 2001
Part II heading ............................... am No 27, 1991
rep No 42, 2002
Part II............................................. rep No 42, 2002
s 7 .................................................. am No 216, 1973; No 153, 1982; No 114, 1983; No 27, 1991; No 24,
2001
rep No 42, 2002
s 8 .................................................. am No 216, 1973
rs No 27, 1991
rep No 42, 2002
s 9 .................................................. rep No 153, 1982
s 10 ................................................ am No 216, 1973; No 27, 1991
rep No 42, 2002
Part III
s 10A ............................................. ad No 27, 1991
s 11 ................................................ am No 27, 1991 (as am by No 43, 1996)
s 12 ................................................ am No 27, 1991
s 13 ................................................ am No 153, 1982; No 27, 1991
s 14 ................................................ am No 27, 1991
Part IV
Part IV heading.............................. am No 27, 1991
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Endnote 4—Amendment history
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Provision affected How affected
s 15 ................................................ am No 93, 1966; No 27, 1991; No 24, 2001; No 18, 2009; No 4,
2016; No 61, 2016
Part V
s 16 ................................................ rs No 27, 1991
Schedules
First Schedule heading................... rep No 27, 1991
Schedule 1 heading........................ ad No 27, 1991
Second Schedule heading .............. rep No 27, 1991
Schedule 2 heading........................ ad No 27, 1991
Third Schedule heading ................. rep No 27, 1991
Schedule 3 heading........................ ad No 27, 1991
Fourth Schedule heading ............... rep No 27, 1991
Schedule 4 heading........................ ad No 27, 1991
Schedule 5 ..................................... ad No 27, 1991
Schedule 6 ..................................... ad No 18, 2009
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