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Geneva Conventions Act 1957 (consolidated as of October 21, 2016)

 Geneva Conventions Act 1957 (as consolidated 2016)

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If a provision of the compiled law has been repealed in accordance with a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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ii Geneva Conventions Act 1957

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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

2 Geneva Conventions Act 1957

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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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Preliminary Part I

Section 6

Geneva Conventions Act 1957 3

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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

4 Geneva Conventions Act 1957

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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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Section 11

Geneva Conventions Act 1957 5

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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

6 Geneva Conventions Act 1957

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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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Section 13

Geneva Conventions Act 1957 7

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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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Part III Legal proceedings in respect of protected persons

Section 14

8 Geneva Conventions Act 1957

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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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Geneva Conventions Act 1957 9

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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

10 Geneva Conventions Act 1957

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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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Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and

uniforms Part IV

Section 15

Geneva Conventions Act 1957 11

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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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Part IV Abuse of the Red Cross and other emblems, signs, signals, identity cards,

insignia and uniforms

Section 15

12 Geneva Conventions Act 1957

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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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Abuse of the Red Cross and other emblems, signs, signals, identity cards, insignia and

uniforms Part IV

Section 15

Geneva Conventions Act 1957 13

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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

14 Geneva Conventions Act 1957

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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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Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in

Armed Forces in the Field of August 12, 1949 Schedule 1

Geneva Conventions Act 1957 15

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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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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

16 Geneva Conventions Act 1957

Compilation No. 10 Compilation date: 21/10/16 Registered: 16/11/16

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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Protection of Victims of International Armed Conflicts (Protocol I) Schedule 5

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ANNEX II

IDENTITY CARD FOR JOURNALISTS ON DANGEROUS

PROFESSIONAL MISSIONS

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Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the

Adoption of an Additional Distinctive Emblem (Protocol III) Schedule 6

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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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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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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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Endnote 3—Legislation history

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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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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

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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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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