Geneva Conventions Act (Jersey) Order 1966
Jersey Order in Council 14/1966
ORDRE
DE
SA MAJESTÉ EN CONSEIL
en date du 28 juillet 1966
INTITULÉ
“GENEVA CONVENTIONS ACT (JERSEY)
ORDER, 1966”,
AVEC
ACTES DE LA COUR ROYALE ET DES ÉTATS
Y RELATIFS.
____________
(Enregistré
le 16 septembre 1966).
GENEVA CONVENTIONS ACT (JERSEY)
ORDER, 1966.
____________
STATES
OF JERSEY.
____________
29th June, 1966.
____________
THE STATES –
(a) approved the terms of a draft Order
of Her Most Excellent Majesty in Council entitled “The Geneva Conventions
Act (Jersey) Order, 1966”, the effect of which would be to apply to the
Island, with modifications and adaptions, the Geneva Conventions Act,
1957;
* * * * * *
A.D. LE BROCQ,
Greffier of the States.
À LA COUR ROYALE DE L’ÎLE DE
JERSEY.
____________
L’An 1966, le 16e jour de septembre.
____________
MONSIEUR LE DÉPUTÉ BAILLI ayant présenté à la Cour un
Ordre de Sa Très Excellente Majesté en Conseil en date du 28
juillet 1966, fait en vertu de l’alinéa 8(2)(a) de l’Acte de Parlement intitulé “The Geneva Act, 1957”, ledit Order
intitule : -
“The Geneva Conventions Act (Jersey) Order, 1966”;
Lecture en ayant
été donnée :
LA COUR,
conformément aux conclusions du Procureur Général de la
Reine, a ordonné que ledit Ordre soit enregistré sur les records
de l’Ile et publié par l’Officier au lieu ordinaire à
jour de marché, afin que toutes personnes puissent en avoir
connaissance.
P.E. LE COUTEUR,
Greffier Judiciaire.
GENEVA CONVENTIONS ACT (JERSEY)
ORDER, 1966.
____________
At
the Court at Buckingham
Palace.
____________
The
28th day of July, 1966.
Present,
The
Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY, in pursuance of section
8(2)(a) of the Geneva Conventions Act,
1957, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows : -
1. The
provisions of the Geneva
Conventions Act, 1957 shall extend to Jersey
subject to the exceptions and modifications specified in the Schedule to this
Order.
2.-(1) In this Order “Jersey”
means the Bailiwick of Jersey and the territorial waters adjacent thereto.
(2) The Interpretation Act, 1889
shall apply for the purpose of interpreting this Order as it applies for the
purpose of interpreting an Act of Parliament.
3. This
Order may be cited as the Geneva Conventions Act (Jersey) Order, 1966 and shall
come into operation on 1st
September, 1966.
W.G. AGNEW.
SCHEDULE
EXCEPTIONS AND MODIFICATIONS TO BE MADE IN THE EXTENSION OF THE GENEVA CONVENTIONS ACT,
1957 TO JERSEY
1. For the words
“the United Kingdom”
wherever they occur there shall be substituted the word “Jersey” and any reference to the Geneva Conventions Act,
1957 shall be construed as a reference to that Act as extended to
Jersey by this Order.
2.-(1) In
section 1 (1) for the word “felony” there shall be substituted the
words “an offence triable only on indictment”.
(2) Section 1 (2),
(3) and (5) shall be omitted.
3.-(1) In paragraph (ii) of section 3 (1)
the words from “instructions” to “by whom that” shall
be omitted.
(2) In section 3
(3) the words “a solicitor and” shall be omitted.
(3) For section 3
(4) and (5) there shall be substituted the following subsections : -
“(4) Where
counsel has been assigned in pursuance of subsection (3) of this section, an
order shall be made by the Royal Court directing his costs as fixed by, or
ascertained in accordance with, rules made under this section to be paid out of
the General Revenues of the States.
(5) In
this section ‘counsel’ means an advocate of the Royal Court of
Jersey.
(6) The
power to make rules of court under the Royal Court (Jersey) Law,
1948 shall include power to make rules for the purposes of
subsection (4) of this section.”
4. In
section 4 (1) for the words “the Court of Criminal Appeal, the High Court
of Justiciary, or the Court of Criminal Appeal in Northern Ireland, as the case
may be” there shall be substituted the words “the Court of Appeal
constituted under the Court of Appeal (Jersey) Law, 1961” and for the
words from “in subsection (1) of section six” to the end of the
subsection there shall be substituted the words “Article 29 (1) of
the Court of Appeal
(Jersey) Law, 1961 (which relates to the revesting and
restitution of property on conviction)”.
5.-(1) In section 5 (1)
the words “or, in Northern
Ireland, the Minister of Home Affairs for Northern Ireland”
shall be omitted.
(2) In section 5
(2) the words “or, in Northern
Ireland, the Minister aforesaid” shall
be omitted.
6.-(1) In section 6 (2)
for the words “the Board of Trade” there shall be substituted the
words “the Royal Court of Jersey”.
(2) In section 6
(3) the words “on summary conviction” shall be omitted.
(3) In section 6
(4) for the words “the passing of this Act” wherever they occur
there shall be substituted the words “the coming into operation of this
Act in Jersey”.
(4) For section 6(7),
(8) and (9) there shall be substituted the following subsection : -
“(7) The
Geneva Convention
Act, 1911 and the Geneva Convention Act, 1937 shall cease to have effect
in Jersey.”.
7. In section 7
(1) the definition of “enactment” shall be omitted.
8. Section 8 (2)
shall be omitted.
GENEVA CONVENTIONS ACT, 1957. 5 & 6 Eliz.
2 Ch.
52.
____________
ARRANGEMENT
OF SECTIONS.
____________
Punishment of offenders against conventions
|
Section
|
|
1.
|
Grave breaches of scheduled conventions.
|
Provisions as to certain legal proceedings
|
2.
|
Notice of trial of protected persons to be
served on protecting power, etc.
|
|
3.
|
Legal representation of certain persons.
|
|
4.
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Appeals by protected persons.
|
|
5.
|
Reduction of sentence and custody of protected persons.
|
Prevention of abuse of Red Cross and other emblems
|
6.
|
Use of Red Cross and other emblems.
|
General
|
7.
|
Interpretation.
|
|
8.
|
Short
title and extent.
|
|
|
SCHEDULES :
|
|
|
First Schedule–Geneva Convention for the amelioration of the
condition of the wounded and sick in armed forces in the field.
|
|
|
Second Schedule–Geneva Convention for the amelioration of
the condition of wounded, sick and shipwrecked members of armed forces at
sea.
|
|
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Third Schedule–Geneva Convention relative to the treatment
of prisoners of war.
|
|
|
Fourth Schedule–Geneva Convention relative to
the protection of civilian persons in time of war.
|
CHAPTER 52
|An
Act to enable effect to be given to certain international conventions done at Geneva
on the twelfth day of August, nineteen hundred and forty-nine, and for purposes
connected therewith.
[31st July, 1957].
WHEREAS, with a view to the ratification
by Her Majesty of the conventions set out in the Schedules to this Act, it is
expedient to make certain amendments in the law :
Be it therefore enacted by the Queen’s most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :
-
Punishment of offenders against conventions
GRAVE BREACHES OF SCHEDULED CONVENTIONS
1.-(1) Any person, whatever his nationality,
who, whether in or outside [Jersey], commits, or aids, abets or procures the
commission by any other person of, any such grave breach of any of the
scheduled conventions as is referred to in the following articles respectively
of those conventions, that is to say –
(a) article 50 of the convention set
out in the First Schedule to this Act;
(b) article 51 of the convention set
out in the Second Schedule to this Act;
(c) article 130 of the convention set
out in the Third Schedule to this Act; or
(d) article 147 of the convention set
out in the Fourth Schedule to this Act,
shall be guilty of [an offence triable only on indictment] and on conviction
thereof –
(i) in
the case of such a grave breach as aforesaid involving the wilful
killing of a person protected by the convention in question, shall be sentenced
to imprisonment for life;
(ii) in the case
of any other such grave breach as aforesaid, shall be liable to imprisonment
for a term not exceeding fourteen years.
* * * * * *
(4) If in
proceedings under this section in respect of a grave breach of any of the
scheduled conventions any question arises under article 2 of that convention
(which relates to the circumstances in which the convention applies), that
question shall be determined by the Secretary of State and a certificate
purporting to set out any such determination and to be signed by or on behalf
of the Secretary of State shall be received in evidence and be deemed to be so
signed without further proof, unless the contrary is shown.
* * * * * *
Provisions as to certain legal proceedings
NOTICE OF TRIAL OF PROTECTED PERSONS TO BE SERVED ON PROTECTING
POWER, ETC
2.-(1) The court before which –
(a) a protected prisoner of war is
brought up for trial for any offence; or
(b) a protected internee is brought up
for trial for an offence for which that court has power to sentence him to
death or to imprisonment for a term of two 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
the next following subsection, so far as they are known to the prosecutor, has
been served not less than three weeks previously on the 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 the foregoing subsection are –
(a) the full name and description of
the accused, including the date of his birth and his profession or trade, if
any, and, if the accused is a protected prisoner of war, his rank and army,
regimental, personal or serial number;
(b) his place of detention, internment
or residence;
(c) the offence with which he 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 therein as a notice under this section,
shall, unless the contrary is shown, be sufficient evidence that
the notice required by subsection (1) of this section 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 convention set out in the Third Schedule to this
Act 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) Any 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
enactment, remand the accused for the period of the adjournment.
LEGAL REPRESENTATION OF CERTAIN PERSONS
3.-(1) The court before which –
(a) any person is brought up for trial
for an offence under section one of this Act; or
(b) a protected prisoner of war is
brought up for trial for any offence,
shall not proceed with the trial unless –
(i) the
accused is represented by counsel; and
(ii) it is proved
to the satisfaction of the court that a period of not less than fourteen days
has elapsed since ****** 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 enactment, the court may remand the accused for the
period of the adjournment.
(2) Where the
accused is a protected prisoner of war, in the absence of counsel accepted by
the accused as representing him, counsel instructed for the purpose on behalf
of the protecting power shall, without prejudice to the requirements of
paragraph (ii) of the foregoing subsection, be regarded for the purposes
of that subsection as representing the accused.
(3) If the court
adjourns the trial in pursuance of subsection (1) of this section by reason
that the accused is not represented by counsel, the court shall direct that * *
* counsel be assigned to watch over the interests of the accused at any further
proceedings in connextion with the offence, and at
any such further proceedings, in the absence of counsel either accepted by the
accused as representing him or instructed as mentioned in the last foregoing
subsection, counsel assigned in pursuance of this subsection shall, without
prejudice to the requirements of paragraph (ii) of the said subsection
(1), be regarded for the purposes of that subsection as representing the
accused.
[(4) Where counsel has
been assigned in pursuance of subsection (3) of this section, an order shall be
made by the Royal Court directing his costs as fixed by, or ascertained in
accordance with, rules made under this section to be paid out of the General
Revenues of the States.
(5) In this
section “counsel” means an advocate of the Royal Court of Jersey.
(6) The power to
make rules of court under the Royal Court (Jersey) Law, 1948
shall include power to make rules for the purposes of subsection (4) of this
section.]
APPEALS BY PROTECTED PERSONS
4.-(1) Where a protected prisoner of war or a
protected internee has been sentenced to death or to imprisonment for a term of
two years or more, the time within which he must give notice of appeal or
notice of his application for leave to appeal to [the Court of Appeal
constituted under the Court of Appeal (Jersey) Law, 1961]
shall, notwithstanding anything in the enactments relating to such appeals, be
the period from the date of his conviction or, in the case of an appeal against
sentence, of his sentence to the expiration of ten days after the date on which
he receives a notice given –
(a) in the case of a protected prisoner
of war, by an officer of Her Majesty’s forces;
(b) in the case of a protected
internee, by or on behalf of the governor of the prison in which he is
confined,
that the protecting power has been notified of his conviction and
sentence; and in a case to which the foregoing provisions of this subsection
apply, a reference to the period aforesaid shall be substituted for any
reference to the period of ten days after the date of conviction [in Article 29(1)
of the Court of
Appeal (Jersey) Law, 1961
(which relates to the revesting and restitution of property on conviction)].
(2) Where after an
appeal to the Court of Criminal Appeal or to the Court of Criminal Appeal in
Northern Ireland the sentence on a protected prisoner of war or a protected
internee remains a sentence of death, or remains or has become a sentence of
imprisonment for a term of two years or more, the time within which he must
apply to the Attorney General or, as the case may be, to the Attorney General
for Northern Ireland for a certificate authorizing an appeal to the House of
Lords from the decision of the Court of Criminal Appeal in question shall,
instead of being a period of seven days from the date when the decision of the
court was given, be a period from that date to seven days after the date when
the convicted person receives a notice given as mentioned in paragraph (a) or, as the case may be, paragraph (b) of the foregoing subsection that the
protecting power has been notified of the decision of the court.
(3) In relation to
a protected prisoner of war, the Courts-Martial (Appeals) Act, 1951, shall have effect
as if –
(a) the expression “army
court-martial” therein included a prisoner of war court-martial
constituted under a Royal Warrant governing the maintenance of discipline among
prisoners of war;
(b) a reference to such a Royal Warrant
as aforesaid were substituted –
(i) for
any reference in section six of the said Act of 1951 to the relevant Act;
(ii) for the
reference in subsection (4) of the said section six to section one hundred and
sixteen of the Army
Act, 1955;
(iii) for the
reference in subsection (5) of the said section six to the Army Act, 1955;
and
(iv) for the reference
in section eighteen of the said Act of 1951 to the enactment relating to the
revision of the finding or sentence of an army court-martial; and
(c) the proviso to subsection (1) of
section fourteen of the said Act of 1951 were omitted;
and the last foregoing subsection shall apply in relation to the
Courts-Martial Appeals Court as it applies in relation to the Court of Criminal
Appeal but with the substitution for the words “seven days” in both
places where they occur in that subsection of the words “fourteen
days”.
REDUCTION OF SENTENCE AND CUSTODY OF PROTECTED PERSONS
5.-(1) It shall be lawful for the Secretary of
State * * * * * * in any case in which a protected prisoner of war or a
protected internee is convicted of an offence and sentenced to a term of
imprisonment, to direct that there shall be deducted from that term a period
not exceeding the period, if any, during which that person was in custody in connexion with that offence, either on remand or after
committal for trial (including the period of the trial), before the sentence
began, or is deemed to have begun, to run.
(2) It shall be
lawful for the Secretary of State* * * * * * in a case where he is satisfied
that a protected prisoner of war accused of an offence has been in custody in connexion with that offence, either on remand or after
committal for trial (including the period of the trial), for an aggregate period
of not less than three months, to direct that the prisoner shall be transferred
from that custody to the custody of an officer of Her Majesty’s forces
and thereafter remain in military custody at a camp or place in which protected
prisoners of war are detained, and be brought before the court at the time
appointed by the remand or committal order.
Prevention of abuse of Red Cross and other emblems.
USE OF RED CROSS AND OTHER EMBLEMS
6.-(1) Subject to the provisions of this
section, it shall not be lawful for any person, without the authority of the
Army Council, to use for any purpose whatsoever any of the following emblems or
designations, that is to say –
(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”.
(2) Subject to the
provisions of this section, it shall not be lawful for any person, without the
authority of [the Royal Court of Jersey], to use for any purpose whatsoever
–
(a) any design consisting 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, or any other design so nearly, resembling that design as to be
capable of being mistaken for that heraldic emblem;
(b) any design or wording so nearly
resembling any of the emblems or designations specified in the foregoing
subsection as to be capable of being mistaken for, or, as the case may be,
understood as referring to, one of those emblems.
(3) If any person
contravenes the foregoing provisions of this section he shall be guilty of an
offence and be liable *
* * * * to a fine not exceeding fifty pounds and to forfeit any goods upon or
in connection with which the emblem, designation, design or wording was used.
(4) In the case of
a trade mark registered before [the coming into operation of this Act in
Jersey] the foregoing provisions of this section shall not apply by reason of
its consisting of or containing a design or wording which reproduces or
resembles an emblem or designation specified in paragraph (b) or (c) of subsection (1) of this section; and where a person is charged
with using such a design or wording for any purpose and it is proved that he
used it otherwise than as, or as part of, a trade mark registered as aforesaid,
it shall be a defence for him to prove –
(a) that he lawfully used that design
or wording for that purpose before [the coming into operation of this Act in Jersey]; or
(b) in a case where he is charged with
using the design or wording upon goods, that the design or wording had been
applied to the goods before he acquired them by some other person who had
manufactured or dealt with the goods in the course of trade and who lawfully
used the design or wording upon similar goods before [the coming into operation
of this Act in Jersey].
(5) Where an
offence under this section committed by a body corporate is proved to have been
committed with the consent or connivance of any director, manager, secretary or
other officer of the body corporate, or any person purporting to act in any
such capacity, he, as well as the body corporate, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished
accordingly, and in this subsection the expression “director”, in
relation to any body corporate established by or
under any enactment for the purpose of carrying on under national ownership any
industry or part of an industry or undertaking, being a body corporate whose
affairs are managed by the members thereof, means a member of that body.
(6) It is hereby
declared that this section extends to the use in or outside [Jersey] of any
such emblem, designation, design or wording as is referred to in subsection (1)
or (2) thereof on any British ship or aircraft, not being a ship or aircraft
registered in any country mentioned in subsection (3) of section one of the British Nationality Act,
1948.
[(7) The Geneva Convention Act,
1911 and the Geneva Convention Act, 1937 shall cease to have effect
in Jersey.]
General
INTERPRETATION
7.-(1) In this Act the following expressions
have the following meanings respectively, that is to say –
“court” does not include a court-martial;
* * * * * *
“protected internee” means a person protected by the
convention set out in the Fourth Schedule to this Act and interned in [Jersey];
“protected prisoner of war” means a person protected by
the convention set out in the Third Schedule to this Act;
“the protecting power”, in relation to a protected prisoner
of war or a protected internee, means the power or organisation
which is carrying out, in the interests of the power of which he is a national,
or of whose forces he is, or was at any material time, a member, the duties
assigned to protecting powers under the convention set out in the Third or, as
the case may be, Fourth Schedule to this Act;
“the scheduled conventions” means the conventions set
out in the Schedules to this Act.
(2) Save where the
context otherwise requires, references in this Act to any enactment shall be
construed as references to that enactment as amended by or under any other
enactment.
SHORT TITLE AND EXTENT
8.-(1) This Act may be cited as the Geneva Conventions Act,
1957.
* * * * * * *
SCHEDULES
FIRST SCHEDULE
GENEVA
CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN
ARMED FORCES IN THE FIELD.
Geneva,
12th August, 1949,
The undersigned Plenipotentiaries of the Governments represented at
the Diplomatic Conference held at Geneva
from 21st April to 12th August,
1949, for the purpose of revising the Geneva Convention for the
Relief of the Wounded and Sick in Armies in the Field of 27th July, 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 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 recognised
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 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 recognised as indispensable by civilised 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 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 co-operation 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. 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 organisation 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
organisation 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 organisation provided for
in the first paragraph above, the Detaining Power shall request a neutral
State, or such an organisation, 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 organisation,
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 organisation
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 organisations
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, 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 authorise
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 organised 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 organised 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 recognisable 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
recognised by the Detaining Power;
(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 authorisation 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.
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 of 12th August, 1949, relative to the Treatment of Prisoners of War
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 and 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 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 organise
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 their 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 obligations to give both physical and moral care to the wounded
and sick.
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
of 12th August, 1949,
for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members
of Armed Forces at Sea, 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.
(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 organised as to protect the wounded and
sick from the effects of war, as well as the personnel entrusted with the organisation 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 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 recognised and authorised 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 authorised, under its responsibility, to render assistance
to the regular medical service of its armed forces.
ARTICLE 27
A recognised 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 authorisation 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.
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 of 12th August,
1949, relative to the Treatment of Prisoners of War. 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 authorised
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.
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 12th August, 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.
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.
The right of requisition recognised 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
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 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 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 recognised by the
terms of the present Convention.
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 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.
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 authorised 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 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 organisations
and their duly authorised 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 preceeding
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.
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 12th
August, 1949.
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, whether as
trade-marks or commercial 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 27th July, 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 12th February, 1950, in the name of the Powers represented
at the Conference which opened at Geneva on 21st April, 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 of
Armies in the Field.
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 22nd August, 1864, 6th July, 1906, and 27th July, 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 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 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 civilised 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.]
SECOND SCHEDULE
GENEVA
CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND
SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA
Geneva,
12th August, 1949
The undersigned Plenipotentiaries of the Governments represented at
the Diplomatic Conference held at Geneva
from 21st April to 12th
August, 1949, for the purpose of revising the Xth
Hague Convention of 18th
October, 1907, for the Adaption 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 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 recognised
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 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 recognised as indispensable by civilised 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.
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 of 12th August, 1949, for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field.
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.
ARTICLE 8
The present Convention shall be applied with the co-operation 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. 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 organisation 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
organisation 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 organisation
provided for in the first paragraph above, the Detaining Power shall request a
neutral State, or such an organisation, 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 organisation
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 organisation
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 organisations
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.
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 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 authorise
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 organised 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 organised 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 recognisable 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
recognised by the Detaining Power;
(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 authorisation 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.
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;
(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 12th August, 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 12th August,
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.
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 12th
August, 1949, shall be protected from bombardment or attack from
the sea.
ARTICLE 24
Hospital ships utilised by national Red
Cross societies, by officially recognised 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 of the responsible
authorities, stating that the vessels have been under their control while
fitting out and on departure.
ARTICLE 25
Hospital ships utilised by national Red
Cross societies, officially recognised 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 authorisation 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 utilise, 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 recognised 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.
ARTICLE 29
Any hospital ship in a port which falls into the hands of the enemy
shall be authorised 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 shall be 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
assimilated to warships as regards their stay in a neutral port.
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 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 12th August, 1949.
CHAPTER V–MEDICAL TRANSPORTS
ARTICLE 38
Ships chartered for that purpose shall be authorised
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 nor 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 wounded, sick and shipwrecked, and for the transport of medical
personnel and equipment, may not be the object of attack, but shall be
respected 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, so
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 VI–THE DISTINCTIVE
EMBLEM
ARTICLE 41
Under the direction of the competent military authority, the emblem
of the red cross on 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 recognised 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 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 full name, 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 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 to continue
to fly their own national colours along with a flag
carrying a red cross on a white ground, when away from their base, 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.
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 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.
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 of 12th August, 1949, relative to the Treatment of
Prisoners of War.
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.
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 12th February, 1950, in the name of the Powers represented
at the Conference which opened at Geneva on 21st April, 1949; furthermore, by
Powers not represented at that Conference, but which are parties to the Xth Hague Convention of 18th October, 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 of Armies in the Field.
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 18th
October, 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 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 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 civilised 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.]
THIRD SCHEDULE
GENEVA
CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.
Geneva,
12th August, 1949
The undersigned Plenipotentiaries of the Governments represented at
the Diplomatic Conference held at Geneva
from 21st April, to 12th
August, 1949, for the purpose of revising the Convention concluded
at Geneva on 27th July, 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 recognised
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 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 recognised as indispensable by civilised 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 organised 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 organised 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 recognisable 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
recognised by the Detaining Power;
(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 authorisation 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 had originally liberated them while hostilities
were going on outside the territory it occupies, in particular where such
persons have 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 deem it suitable to make separate provision. No 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 co-operation 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 organisation may,
subject to the consent of the Parties to the conflict concerned, undertake for
the protection of prisoners of war and for their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an
organisation 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 organisation provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an organisation,
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 organisation,
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 organisation
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 organisations
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, 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 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.
PART III.–CAPTIVITY
SECTION
1.–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 any 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 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.
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 prohibiting
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 the
Power 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 these 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.
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. 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 organisation,
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.
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 civil 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.
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 made 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 minature 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 :
(a) They shall be authorised
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 12th August, 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.
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 organisations.
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
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 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, at 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 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 Prisoner
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 recognise
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 rank 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.
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.
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 utilise 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 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 utilising the labour of prisoners of war, shall ensure that in areas in
which 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.
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 surgeons may recommend that the prisoners who are, in their
opinion, unfit for work, be exempted therefrom.
ARTICLE 56
The organisation 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 RESOURCE 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 moneys deposited by them, and shall not be
converted into any other currency without their consent.
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 the camp administration and charged 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.
|
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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 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’ representatives, of his
advisers, if any, and of his assistants, shall be paid out of the fund
maintained by canteen profits. 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 dependants
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 sum thus debited shall be placed by it to the credit of the Power on which
the prisoners depend.
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.
(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 moneys 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 moneys 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 authorised 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 authorised
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.
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.
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 from a prisoner of war for compensation in respect of
personal effects, moneys 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, moneys 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 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 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.
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 organisation 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 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
organisation 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 authorised
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 organisation
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 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 arrangements, the costs occasioned by the
use of such means of transport shall be borne proportionally by the Parties to
the conflict whose nationals are benefitted 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
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.
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 recognised
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.
Chapter II.–Prisoners of War Representatives.
ARTICLE 79
In all places where there are prisoners of war, except in those
where there are officers, the prisoners 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 organisation 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 recognised 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.
In particular, where the prisoners decide to organise
amongst themselves a system of mutual assistance, this organisation
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 with 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 reason therefor shall be communicated to
the Protecting Power.
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 punishment 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 recognised, and, in particular,
the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.
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 penalties 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 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 or 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 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.
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 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.
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.
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 against 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.
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:
(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 terms of appeal or petition has expired.
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 judgement 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 summarised report of any preliminary investigation and of
the trial, emphasising in particular the elements of
the prosecution and the defence;
(3) notification,
where applicable, of the establishment where the sentence will be served.
The communications provided for in the foregoing subparagraphs
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.
Throughout the duration of hostilities, Parties to the conflict
shall endeavour, with the co-operation 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 :
(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 functions 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 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 organisation
duly recognised 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 connexion
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.
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.
ARTICLE 119
Repatriations 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 authorised 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 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.
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 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 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 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 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 organisation
of such an Agency.
The function of the Agency shall be to collect all 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 organisations, relief
societies, or any other organisation 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 organising their leisure time within the camps. Such
societies or organisations 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 organisations 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 recognised 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 organisation
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
1–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.
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.
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 of 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.
ARTICLE 134
The present Convention replaces the Convention of 27th July, 1929, in
relations between the High Contracting Parties.
ARTICLE 135
In the relations between the Powers which are bound by the Hague
Convention relative to the Laws and Customs of War on Land, whether that of
29th July, 1899, or that of 18th October, 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 12th
February, 1950, in the name of the Powers represented at the
Conference which opened at Geneva
on 21st April, 1949;
furthermore, by Powers not represented at that Conference, but which are
parties to the Convention of 27th
July, 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.
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 civilised peoples, from the laws of humanity and the
dictates of the public conscience.
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.]
FOURTH SCHEDULE
GENEVA
CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR
Geneva,
12th August, 1949.
The undersigned Plenipotentiaries of the Governments represented at
the Diplomatic Conference held at Geneva
from 21st April to 12th
August, 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 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 recognised
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 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 recognised as indispensable by civilised 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 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 12th
August, 1949, or by the Geneva Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12th August,
1949, or by the Geneva Convention relative to the Treatment of Prisoners of War
of 12th August, 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.
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 co-operation 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 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 organisation 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
organisation 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 organisation provided for in the first
paragraph above, the Detaining Power shall request a neutral State, or such an organisation, 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 organisation
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 organisation
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 organisations
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.
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 organised 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 organisation, propose to
the adverse Party to establish, in the regions where fighting is taking place, neutralised 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 neutralised zone, a written agreement shall be concluded
and signed by the representatives of the Parties to the conflict. The agreement
shall fix the beginning and the duration of the neutralisation
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 beseiged
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 organised 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 12th August, 1949, but only
if so authorised 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.
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 recognisable 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 12th August,
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 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.
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 12th August, 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 12th August, 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,
(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.
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 co-operation 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 organisations 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 1.–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.
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 organisation
that might assist them.
These several organisations 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 organisations
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 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 determined 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 in connexion 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 authorised
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 from any preferential treatment to the same extent as the nationals of
the State concerned.
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 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 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.
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.
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 co-operation 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 organisations 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.
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 mobilisation of workers in an organisation 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
representative 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.
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 co-operative organisations,
is prohibited, except where such dectruction 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 co-operation of
national and local authorities, the medical and hospital establishments and
services, public health and hygiene in the occupied territory, with particular
reference to the adoption and application of the prophylactic and preventative
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.
Such schemes, which may be undertaken either by States or by
impartial humanitarian organisations 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 satisfied through the Protecting Power
that these consignments are to be used for the relief of 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 co-operation 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.
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) recognised
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 organisations 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 organisation 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
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.
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 are
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 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 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 at any time the right to object to the
interpreter and to ask for his replacement.
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.
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 organised 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.
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.
The Detaining Power shall provide for the support of those dependent
on the internees, if such dependents 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.
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.
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.
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.
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 authorised 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 organisations
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.
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 Article 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 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
sub-ordinate 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 organisations 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.
Moneys, cheques, bonds, etc., and valuables in their possession may not be
taken from 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,
moneys 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 organisations
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 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.
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 victimisation. 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 recognised
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 organisation
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.
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 organise
a system of mutual assistance amongst themselves, this organisation
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 organisations
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 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 recognised to be urgent.
As a rule, internees’ mail shall be written in their own
language. The Parties to the conflict may authorise
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 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 organisation 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 organisation 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 effect, in 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 organisation duly approved by the Parties to the conflict
may undertake to ensure 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 organisation assisting the
internees 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.
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 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.
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 connexion
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.
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 connexion 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 cases 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.
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 punishments 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 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 internees 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 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 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 recognised.
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 deceased internees depended through the
Information Bureaux provided for in Article 136.
Such lists 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.
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 search 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.
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 BUREAU 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 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.
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 organisation 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 12th August, 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 organisations, relief
societies, or any other organisations assisting the
protected persons, shall receive from these Powers, 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 organising their leisure time within the places of
internment. Such societies or organisations 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 organisations 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 recognised 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.
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 12th
August, 1949.
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.
ARTICLE 151
The present Convention, which bears the date of this day, is open
to signature until 12th
February, 1950, in the name of the Powers represented at the
Conference which opened at Geneva
on 21st April, 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 relative to the Laws and Customs of War on Land, whether that of
29th July, 1899, or that of 18th October, 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.
The Swiss Federal Council shall communicate the accession 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 civilised 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.
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.]