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Geneva Conventions Amendment Act 1991

Act No. 27 of 1991 as made
An Act to amend the Geneva Conventions Act 1957
Administered by: Attorney-General's; Defence
Date of Assent 04 Mar 1991
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27, 1991

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - LONG TITLE

An Act to amend the Geneva Conventions Act 1957

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 1
Short title etc.

(Assented to 4 March 1991)
1. (1) This Act may be cited as the Geneva Conventions Amendment Act 1991.
(2) The Geneva Conventions Act 1957*1* is in this Act referred to as the Principal Act.

(Minister's second reading speech made in-
House of Representatives 12 February 1991
Senate on 19 February 1991)
*1* No. 103, 1957, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; No. 37, 1976; No. 153, 1982; and No. 114, 1983.

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 2
Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 3
Title

3. The title of the Principal Act is amended by omitting "the twelfth day of August, One Thousand nine hundred and forty-nine," and substituting "12 August 1949 and to a Protocol additional to those Conventions done at Geneva on 10 June 1977,".

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 4
Interpretation

4. Section 5 of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsection:
"(1A) In this Act:
'Protocol I' means the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5.";
(b) by adding at the end of the definition of "protected prisoner of war" in subsection (2) "or a person who is a prisoner of war for the purposes of Protocol I";
(c) by omitting "or the Fourth Convention" from the definition of "the protecting power" in subsection (2) and substituting ", the Fourth Convention or Protocol I";
(d) by omitting from subsection (3) "Conventions" and "Convention" and substituting "Conventions or of Protocol I" and "Convention or that Protocol" respectively.

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 5
Punishment of grave breaches of Conventions and Protocol I

5. Section 7 of the Principal Act is amended:
(a) by inserting in subsection (1) "or of Protocol I" after "Conventions";
(b) by omitting from paragraph (2) (c) "and";
(c) by adding at the end of subsection (2) the following word and paragraph:
"; and (e) a grave breach of Protocol I is a breach of that
Protocol involving:
(i) an act or omission referred to in paragraph 4 of
Article 11 of that Protocol; or
(ii) an act referred to in paragraph 2 of Article 85 of
that Protocol committed against persons or property referred to in that paragraph; or
(iii) an act referred to in paragraph 3 of Article 85
of that Protocol; or
(iv) an act referred to in paragraph 4 of Article 85 of
that Protocol.";
(d) by inserting in paragraph (4) (a) "or by Protocol I" after "Convention".

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 6

6. Section 8 of the Principal Act is repealed and the following section is substituted:
Proof of application of Convention or Protocol
"8. If, in proceedings under this Part in respect of a grave breach of any of the Conventions or of Protocol I, a question arises under:
(a) Article 2 of that Convention (which relates to the circumstances in which the Convention applies); or
(b) Article 1 of that Protocol (which relates to the circumstances in which the Protocol applies);
a certificate under the hand of the Minister of State for Foreign Affairs and Trade certifying to any matter relevant to that question is prima facie evidence of the matter so certified.".

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 7

7. Before section 11 of the Principal Act the following section is inserted in Part III:

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Court may determine whether person is a protected prisoner of war
"10A. (1) A person referred to in paragraph 1 or 2 of Article 45 of Protocol I may apply to the Supreme Court of the State or Territory in which the person is held in custody for a declaration that he or she has the status of a protected prisoner of war.
"(2) The jurisdiction of a Court for the purposes of this section is constituted by a single Judge.
"(3) Subject to subsection (4), the jurisdiction of the Court is to be exercised in open court.
"(4) The Court may order the exclusion of the public or persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or those persons, as the case may be, would be contrary to the interests of justice or would not be in the public interest.".

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 8
Use of Red Cross and other emblems, signs, signals, identity cards,
insignia and uniforms

8. Section 15 of the Principal Act is amended:
(a) by inserting after paragraph (1) (e) the following paragraph:
"(f) such other emblems, identity cards, signs, signals,
insignia or uniforms as are prescribed for the purpose of giving effect to Protocol I.";
(b) by omitting from subsection (1) "One hundred dollars" and substituting "$1,000";
(c) by adding at the end of subsection (2) "or of Protocol I".

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 9
Schedule 5

9. The Principal Act is amended by adding at the end the Schedule set out in Schedule 1 to this Act.

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SECT 10
Formal amendments

10. The Principal Act is amended as set out in Schedule 2.

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SCHEDULE 1

SCHEDULE 1 Section 9
"SCHEDULE 5 Section 5
PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, AND
RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED
CONFLICTS (PROTOCOL I)
PREAMBLE
The High Contracting Parties,
Proclaiming their earnest wish to see peace prevail among peoples,
Recalling that every State has the duty, in conformity with the
Charter of the United Nations, to refrain in its international
relations from the threat or use of force against the sovereignty,
territorial integrity or political independence of any State, or in
any other manner inconsistent with the purposes of the United
Nations,
Believing it necessary nevertheless to reaffirm and develop the
provisions protecting the victims of armed conflicts and to
supplement measures intended to reinforce their application,
Expressing their conviction that nothing in this Protocol or in
the Geneva Conventions of 12 August 1949 can be construed as
legitimizing or authorizing any act of aggression or any other use
of force inconsistent with the Charter of the United Nations,
Reaffirming further that the provisions of the Geneva Conventions
of 12 August 1949 and of this Protocol must be fully applied in all
circumstances to all persons who are protected by those instruments,
without any adverse distinction based on the nature or origin of the
armed conflict or on the causes espoused by or attributed to the
Parties to the conflict,
Have agreed on the following:
PART I
GENERAL PROVISIONS
Article 1 - General principles and scope of application
1. The High Contracting Parties undertake to respect and to ensure
respect for this Protocol in all circumstances.
2. In cases not covered by this Protocol or by other international
agreements, civilians and combatants remain under the protection and
authority of the principles of international law derived from
established custom, from the principles of humanity and from the
dictates of public conscience.
3. This Protocol, which supplements the Geneva Conventions of 4.
The situations referred to in the preceding paragraph include armed
conflicts in which peoples are fighting against colonial domination
and alien occupation and against racist regimes in the exercise of
their right of self-determination, as enshrined in the Charter of
the United Nations and the Declaration on Principles of
International Law concerning Friendly Relations and Co-operation
among States in accordance with the Charter of the United Nations.
Article 2 - Definitions
For the purposes of this Protocol:

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(a) "First Convention", "Second Convention", "Third
Convention" and "Fourth Convention" mean, respectively, the
Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of 12 August 1949; the
Geneva Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea of 12 August
1949; the Geneva Convention relative to the Treatment of Prisoners
of War of 12 August 1949; the Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949;
"the Conventions" means the four Geneva Conventions of 12 August
1949 for the protection of war victims;
(b) "rules of international law applicable in armed conflict"
means the rules applicable in armed conflict set forth in
international agreements to which the Parties to the conflict are
Parties and the generally recognized principles and rules of
international law which are applicable to armed conflict;
(c) "Protecting Power" means a neutral or other State not a
Party to the conflict which has been designated by a Party to the
conflict and accepted by the adverse Party and has agreed to carry
out the functions assigned to a Protecting Power under the
Conventions and this Protocol;
(d) "substitute" means an organization acting in place of a
Protecting Power in accordance with Article 5.

Article 3 - Beginning and end of application
Without prejudice to the provisions which are applicable at all times:
(a) the Conventions and this Protocol shall apply from the
beginning of any situation referred to in Article 1 of this Protocol;
(b) the application of the Conventions and of this Protocol shall
cease, in the territory of Parties to the conflict, on the general
close of military operations and, in the case of occupied
territories, on the termination of the occupation, except, in either
circumstance, for those persons whose final release, repatriation or
re-establishment takes place thereafter. These persons shall
continue to benefit from the relevant provisions of the Conventions
and of this Protocol until their final release, repatriation or re-establishment.

Article 4 - Legal status of the Parties to the conflict
The application of the Conventions and of this Protocol, as well
as the conclusion of the agreements provided for therein, shall not
affect the legal status of the Parties to the conflict. Neither the
occupation of a territory nor the application of the Conventions and
this Protocol shall affect the legal status of the territory in question.
Article 5 - Appointment of Protecting Powers and of their substitute
1. It is the duty of the Parties to a conflict from the beginning
of that conflict to secure the supervision and implementation of the
Conventions and of this Protocol by the application of the system of
Protecting Powers, including inter alia the designation and
acceptance of those Powers, in accordance with the following
paragraphs. Protecting Powers shall have the duty of safeguarding
the interests of the parties to the conflict.
2. From the beginning of a situation referred to in Article 1,
each Party to the conflict shall without delay designate a
Protecting Power for the purpose of applying the Conventions and
this Protocol and shall, likewise without delay and for the same
purpose, permit the activities of a Protecting Power which has been
accepted by it as such after designation by the adverse Party.
3. If a Protecting Power has not been designated or accepted from
the beginning of a situation referred to in Article 1, the
International Committee of the Red Cross, without prejudice to the
right of any other impartial humanitarian organization to do
likewise, shall offer its good offices to the Parties to the
conflict with a view to the designation without delay of a
Protecting Power to which the Parties to the conflict consent. For
that purpose it may, inter alia, ask each Party to provide it with a
list of at least five States which that Party considers acceptable
to act as Protecting Power on its behalf in relation to an adverse
Party, and ask each adverse Party to provide a list of at least five
States which it would accept as the Protecting Power of the first
Party; these lists shall be communicated to the Committee within two
weeks after the receipt of the request; it shall compare them and
seek the agreement of any proposed State named on both lists.
4. If, despite the foregoing, there is no Protecting Power, the
Parties to the conflict shall accept without delay an offer which
may be made by the International Committee of the Red Cross or by
any other organization which offers all guarantees of impartiality
and efficacy, after due consultations with the said Parties and
taking into account the result of these consultations, to act as a
substitute. The functioning of such a substitute is subject to the
consent of the Parties to the conflict; every effort shall be made
by the Parties to the conflict to facilitate the operations of the

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substitute in the performance of its tasks under the Conventions and
this Protocol.
5. In accordance with Article 4, the designation and acceptance of
Protecting Powers for the purpose of applying the Conventions and
this Protocol shall not affect the legal status of the Parties to
the conflict or of any territory, including occupied territory.
6. The maintenance of diplomatic relations between Parties to the
conflict or the entrusting of the protection of a Party's interests
and those of its nationals to a third State in accordance with the
rules of international law relating to diplomatic relations is no
obstacle to the designation of Protecting Powers for the purpose of
applying the Conventions and this Protocol.
7. Any subsequent mention in this Protocol of a Protecting Power
includes also a substitute.
Article 6 - Qualified persons
1. The High Contracting Parties shall, also in peacetime,
endeavour, with the assistance of the national Red Cross (Red
Crescent, Red Lion and Sun) Societies, to train qualified personnel
to facilitate the application of the Conventions and of this
Protocol, and in particular the activities of the Protecting Powers.
2. The recruitment and training of such personnel are within
domestic jurisdiction.
3. The International Committee of the Red Cross shall hold at the
disposal of the High Contracting Parties the lists of persons so
trained which the High Contracting Parties may have established and
may have transmitted to it for that purpose.
4. The conditions governing the employment of such personnel
outside the national territory shall, in each case, be the subject
of special agreements between the Parties concerned.
Article 7 - Meetings
The depositary of this Protocol shall convene a meeting of the
High Contracting Parties, at the request of one or more of the said
Parties and upon the approval of the majority of the said parties,
to consider general problems concerning the application of the
Conventions and of the Protocol.

PART II
WOUNDED, SICK AND SHIPWRECKED
SECTION I
GENERAL PROTECTION
Article 8 - Terminology
For the purposes of this Protocol:
(a) "wounded" and "sick" mean persons, whether military or
civilian, who, because of trauma, disease or other physical or
mental disorder or disability, are in need of medical assistance or
care and who refrain from any act of hostility. These terms also
cover maternity cases, new-born babies and other persons who may be
in need of immediate medical assistance or care, such as the infirm
or expectant mothers, and who refrain from any act of hostility;
(b) "shipwrecked" means persons, whether military or civilian,
who are in peril at sea or in other waters as a result of misfortune
affecting them or the vessel or aircraft carrying them and who
refrain from any act of hostility. These persons, provided that they
continue to refrain from any act of hostility, shall continue to be
considered shipwrecked during their rescue until they acquire
another status under the Conventions or this Protocol;
(c) "medical personnel" means those persons assigned, by a
Party to the conflict, exclusively to the medical purposes
enumerated under sub-paragraph (e) or to the administration of
medical units or to the operation or administration of medical
transports. Such assignments may be either permanent or temporary.
The term includes:
(i) medical personnel of a Party to the conflict, whether
military or civilian, including those described in the First and
Second Conventions, and those assigned to civil defence organizations;
(ii) medical personnel of national Red Cross (Red Crescent,
Red Lion and Sun) Societies and other national voluntary aid
societies duly recognized and authorized by a Party to the conflict;
(iii) medical personnel of medical units or medical transports
described in Article 9, paragraph 2;
(d) "religious personnel" means military or civilian persons,
such as chaplains, who are exclusively engaged in the work of their
ministry and attached:
(i) to the armed forces of a Party to the conflict;
(ii) to medical units or medical transports of a Party to the
conflict;
(iii) to medical units or medical transports described in
Article 9, paragraph 2; or
(iv) to civil defence organizations of a Party to the
conflict.
The attachment of religious personnel may be either permanent or

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temporary, and the relevant provisions mentioned under sub-paragraph
(k) apply to them;
(e) "medical units" means establishments and other units,
whether military or civilian, organized for medical purposes, namely
the search for, collection, transportation, diagnosis or treatment -
including first aid treatment - of the wounded, sick and
shipwrecked, or for the prevention of disease. The term includes,
for example, hospitals and other similar units, blood transfusion
centres, preventive medicine centres and institutes, medical depots
and the medical and pharmaceutical stores of such units. Medical
units may be fixed or mobile, permanent or temporary;
(f) "medical transportation" means the conveyance by land,
water or air of the wounded, sick, shipwrecked, medical personnel,
religious personnel, medical equipment or medical supplies protected
by the Conventions and by this Protocol;
(g) "medical transports" means any means of transportation,
whether military or civilian, permanent or temporary, assigned
exclusively to medical transportation and under the control of a
competent authority of a Party to the conflict;
(h) "medical vehicles" means any medical transports by land;
(i) "medical ships and craft" means any medical transports by
water;
(j) "medical aircraft" means any medical transports by air;
(k) "permanent medical personnel", "permanent medical units"
and "permanent medical transports" mean those assigned exclusively
to medical purposes for an indeterminate period. "Temporary medical
personnel", "temporary medical units" and "temporary medical
transports" mean those devoted exclusively to medical purposes for
limited periods during the whole of such periods. Unless otherwise
specified, the terms "medical personnel", "medical units" and "medical transports" cover both permanent and temporary categories;
(l) "distinctive emblem" means the distinctive emblem of the
red cross, red crescent or red lion and sun on a white ground when
used for the protection of medical units and transports, or medical
and religious personnel, equipment or supplies;
(m) "distinctive signal" means any signal or message specified
for the identification exclusively of medical units or transports in
Chapter III of Annex I to this Protocol.
Article 9 - Field of application
1. This Part, the provisions of which are intended to ameliorate
the condition of the wounded, sick and shipwrecked, shall apply to
all those affected by a situation referred to in Article 1, without
any adverse distinction founded on race, colour, sex, language,
religion or belief, political or other opinion, national or social
origin, wealth, birth or other status, or on any other similar criteria.
2. The relevant provisions of Articles 27 and 32 of the First
Convention shall apply to permanent medical units and transports
(other than hospital ships, to which Article 25 of the Second
Convention applies) and their personnel made available to a Party to
the conflict for humanitarian purposes:
(a) by a neutral or other State which is not a Party to that conflict;
(b) by a recognized and authorized aid society of such a State;
(c) by an impartial international humanitarian organization.
Article 10 - Protection and care
1. All the wounded, sick and shipwrecked, to whichever Party they
belong, shall be respected and protected.
2. In all circumstances they shall be treated humanely and shall
receive, to the fullest extent practicable and with the least
possible delay, the medical care and attention required by their
condition. There shall be no distinction among them founded on any
grounds other than medical ones.
Article 11 - Protection of persons
1. The physical or mental health and integrity of persons who are
in the power of the adverse Party or who are interned, detained or
otherwise deprived of liberty as a result of a situation referred to
in Article 1 shall not be endangered by any unjustified act or
omission. Accordingly, it is prohibited to subject the persons
described in this Article to any medical procedure which is not
indicated by the state of health of the person concerned and which
is not consistent with generally accepted medical standards which
would be applied under similar medical circumstances to persons who
are nationals of the Party conducting the procedure and who are in
no way deprived of liberty.
2. It is, in particular, prohibited to carry out on such persons,
even with their consent:
(a) physical mutilations;
(b) medical or scientific experiments;
(c) removal of tissue or organs for transplantation,
except where these acts are justified in conformity with the
conditions provided for in paragraph 1.

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3. Exceptions to the prohibition in paragraph 2 (c) may be made
only in the case of donations of blood for transfusion or of skin
for grafting, provided that they are given voluntarily and without
any coercion or inducement, and then only for therapeutic purposes,
under conditions consistent with generally accepted medical
standards and controls designed for the benefit of both the donor
and the recipient.
4. Any wilful act or omission which seriously endangers the
physical or mental health or integrity of any person who is in the
power of a Party other than the one on which he depends and which
either violates any of the prohibitions in paragraphs 1 and 2 or
fails to comply with the requirements of paragraph 3 shall be a
grave breach of this Protocol.
5. The persons described in paragraph 1 have the right to refuse
any surgical operation. In case of refusal, medical personnel shall
endeavour to obtain a written statement to that effect, signed or
acknowledged by the patient.
6. Each Party to the conflict shall keep a medical record for
every donation of blood for transfusion or skin for grafting by
persons referred to in paragraph 1, if that donation is made under
the responsibility of that Party. In addition, each Party to the
conflict shall endeavour to keep a record of all medical procedures
undertaken with respect to any person who is interned, detained or
otherwise deprived of liberty as a result of a situation referred to
in Article 1. These records shall be available at all times for
inspection by the Protecting Power.
Article 12 - Protection of medical units
1. Medical units shall be respected and protected at all times and
shall not be the object of attack.
2. Paragraph 1 shall apply to civilian medical units, provided that they:
(a) belong to one of the Parties to the conflict;
(b) are recognized and authorized by the competent authority of
one of the Parties to the conflict; or
(c) are authorized in conformity with Article 9, paragraph 2, of
this Protocol or Article 27 of the First Convention.
3. The Parties to the conflict are invited to notify each other of
the location of their fixed medical units. The absence of such
notification shall not exempt any of the Parties from the obligation
to comply with the provisions of paragraph 1.
4. Under no circumstances shall medical units be used in an
attempt to shield military objectives from attack. Whenever
possible, the Parties to the conflict shall ensure that medical
units are so sited that attacks against military objectives do not
imperil their safety.
Article 13 - Discontinuance of protection of civilian medical units
1. The protection to which civilian medical units are entitled
shall not cease unless they are used to commit, outside their
humanitarian function, acts harmful to the enemy. Protection may,
however, cease only after a warning has been given setting, whenever
appropriate, a reasonable time-limit, and after such warning has
remained unheeded.
2. The following shall not be considered as acts harmful to the
enemy:
(a) that the personnel of the unit are equipped with light
individual weapons for their own defence or for that of the wounded
and sick in their charge;
(b) that the unit is guarded by a picket or by sentries or by an escort;
(c) that small-arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units;
(d) that members of the armed forces or other combatants are in
the unit for medical reasons.
Article 14 - Limitations on requisition of civilian medical units
1. The Occupying Power has the duty to ensure that the medical
needs of the civilian population in occupied territory continue to
be satisfied.
2. The Occupying Power shall not, therefore, requisition civilian
medical units, their equipment, their material or the services of
their personnel, so long as these resources are necessary for the
provision of adequate medical services for the civilian population
and for the continuing medical care of any wounded and sick already
under treatment.
3. Provided that the general rule in paragraph 2 continues to be
observed, the Occupying Power may requisition the said resources,
subject to the following particular conditions:
(a) that the resources are necessary for the adequate and immediate
medical treatment of the wounded and sick members of the armed forces
of the Occupying Power or of prisoners of war;
(b) that the requisition continues only while such necessity
exists; and
(c) that immediate arrangements are made to ensure that the medical

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needs of the civilian population, as well as those of any wounded and
sick under treatment who are affected by the requisition, continue to
be satisfied.
Article 15-Protection of civilian medical and religious personnel
1. Civilian medical personnel shall be respected and protected.
2. If needed, all available help shall be afforded to civilian
medical personnel in an area where civilian medical services are
disrupted by reason of combat activity.
3. The Occupying Power shall afford civilian medical personnel in
occupied territories every assistance to enable them to perform, to the
best of their ability, their humanitarian functions. The Occupying
Power may not require that, in the performance of those functions,
such personnel shall give priority to the treatment of any person except
on medical grounds. They shall not be compelled to carry out tasks which
are not compatible with their humanitarian mission.
4. Civilian medical personnel shall have access to any place where
their services are essential, subject to such supervisory and safety
measures as the relevant Party to the conflict may deem necessary.
5. Civilian religious personnel shall be respected and protected. The
provisions of the Conventions and of this Protocol concerning the
protection and identification of medical personnel shall apply equally
to such persons.
Article 16-General protection of medical duties
1. Under no circumstances shall any person be punished for carrying
out medical activities compatible with medical ethics, regardless of the
person benefiting therefrom.
2. Persons engaged in medical activities shall not be compelled to
perform acts or to carry out work contrary to the rules of medical
ethics or to other medical rules designed for the benefit of the wounded
and sick or to the provisions of the Conventions or of this Protocol,
or to refrain from performing acts or from carrying out work required by
those rules and provisions.
3. No person engaged in medical activities shall be compelled to
give to anyone belonging either to an adverse Party, or to his own
Party except as required by the law of the latter Party, any information
concerning the wounded and sick who are or who have been, under his
care, if such information would, in his opinion, prove harmful to the
patients concerned or to their families. Regulations for the compulsory
notification of communicable diseases shall, however, be respected.
Article 17-Role of the civilian population and of aid societies
1. The civilian population shall respect the wounded, sick and
shipwrecked, even if they belong to the adverse Party, and shall commit
no act of violence against them. The civilian population and aid
societies, such as national Red Cross (Red Crescent, Red Lion and Sun)
Societies, shall be permitted, even on their own initiative, to collect
and care for the wounded, sick and shipwrecked, even in invaded or
occupied areas. No one shall be harmed, prosecuted, convicted or
punished for such humanitarian acts.
2. The Parties to the conflict may appeal to the civilian population
and the aid societies referred to in paragraph 1 to collect and care
for the wounded, sick and shipwrecked, and to search for the dead and
report their location; they shall grant both protection and the
necessary facilities to those who respond to this appeal. If the
adverse Party gains or regains control of the area, that Party also
shall afford the same protection and facilities for so long as they
are needed.
Article 18-Identification
1. Each Party to the conflict shall endeavour to ensure that medical
and religious personnel and medical units and transports are
identifiable.
2. Each Party to the conflict shall also endeavour to adopt and to
implement methods and procedures which will make it possible to
recognize medical units and transports which use the distinctive
emblem and distinctive signals.
3. In occupied territory and in areas where fighting is taking place
or is likely to take place, civilian medical personnel and civilian
religious personnel should be recognizable by the distinctive emblem
and an identity card certifying their status.
4. With the consent of the competent authority, medical units and
transports shall be marked by the distinctive emblem. The ships and
craft referred to in Article 22 of this Protocol shall be marked in
accordance with the provisions of the Second Convention.
5. In addition to the distinctive emblem, a Party to the conflict
may, as provided in Chapter III of Annex I to this Protocol, authorize
the use of distinctive signals to identify medical units and transports.
Exceptionally, in the special cases covered in that Chapter, medical
transports may use distinctive signals without displaying the
distinctive emblem.
6. The application of the provisions of paragraphs 1 to 5 of this
Article is governed by Chapters I to III of Annex I to this Protocol.

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Signals designated in Chapter III of the Annex for the exclusive use of
medical units and transports shall not, except as provided therein, be
used for any purpose other than to identify the medical units and
transports specified in that Chapter.
7. This Article does not authorize any wider use of the distinctive
emblem in peacetime than is prescribed in Article 44 of the First
Convention.
8. The provisions of the Conventions and of this Protocol relating
to supervision of the use of the distinctive emblem and to the
prevention and repression of any misuse thereof shall be apllicable to
distinctive signals.
Article 19-Neutral and other States not Parties to the conflict
Neutral and other States not Parties to the conflict shall apply the
relevant provisions of this Protocol to persons protected by this Part
who may be received or interned within their territory, and to any
dead of the Parties to that conflict whom they may find.
Article 20-Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are prohibited.
SECTION II
MEDICAL TRANSPORTATION
Article 21 - Medical vehicles
Medical vehicles shall be respected and protected in the same way
as mobile medical units under the Conventions and this Protocol.
Article 22 - Hospital ships and coastal rescue craft
1. The provisions of the Conventions relating to:
(a) vessels described in Articles 22, 24, 25 and 27 of the Second
Convention,
(b) their lifeboats and small craft,
(c) their personnel and crews, and
(d) the wounded, sick and shipwrecked on board,
shall also apply where these vessels carry civilian wounded, sick
and shipwrecked who do not belong to any of the categories mentioned
in Article 13 of the Second Convention. Such civilians shall not,
however, be subject to surrender to any Party which is not their
own, or to capture at sea. If they find themselves in the power of a
Party to the conflict other than their own they shall be covered by
the Fourth Convention and by this Protocol.
2. The protection provided by the Conventions to vessels described
in Article 25 of the Second Convention shall extend to hospital
ships made available for humanitarian purposes to a Party to the conflict:
(a) by a neutral or other State which is not a Party to that conflict; or
(b) by an impartial international humanitarian organization,
provided that, in either case, the requirements set out in that
Article are complied with.
3. Small craft described in Article 27 of the Second Convention
shall be protected even if the notification envisaged by that
Article has not been made. The Parties to the conflict are,
nevertheless, invited to inform each other of any details of such
craft which will facilitate their identification and recognition.
Article 23 - Other medical ships and craft
1. Medical ships and craft other than those referred to in Article
22 of this Protocol and Article 38 of the Second Convention shall,
whether at sea or in other waters, be respected and protected in the
same way as mobile medical units under the Conventions and this
Protocol. Since this protection can only be effective if they can be
identified and recognized as medical ships or craft, such vessels
should be marked with the distinctive emblem and as far as possible
comply with the second paragraph of Article 43 of the Second
Convention.
2. The ships and craft referred to in paragraph 1 shall remain
subject to the laws of war. Any warship on the surface able
immediately to enforce its command may order them to stop, order
them off, or make them take a certain course, and they shall obey
every such command. Such ships and craft may not in any other way be
diverted from their medical mission so long as they are needed for
the wounded, sick and shipwrecked on board.
3. The protection provided in paragraph 1 shall cease only under
the conditions set out in Articles 34 and 35 of the Second
Convention. A clear refusal to obey a command given in accordance
with paragraph 2 shall be an act harmful to the enemy under Article
34 of the Second Convention.
4. A Party to the conflict may notify any adverse Party as far in
advance of sailing as possible of the name, description, expected
time of sailing, course and estimated speed of the medical ship or
craft, particularly in the case of ships of over 2,000 gross tons,
and may provide any other information which would facilitate
identification and recognition. The adverse Party shall acknowledge
receipt of such information.
5. The provisions of Article 37 of the Second Convention shall

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apply to medical and religious personnel in such ships and craft.
6. The provisions of the Second Convention shall apply to the
wounded, sick and shipwrecked belonging to the categories referred
to in Article 13 of the Second Convention and in Article 44 of this
Protocol who may be on board such medical ships and craft. Wounded,
sick and shipwrecked civilians who do not belong to any of the
categories mentioned in Article 13 of the Second Convention shall
not be subject, at sea, either to surrender to any Party which is
not their own, or to removal from such ships or craft; if they find
themselves in the power of a Party to the conflict other than their
own, they shall be covered by the Fourth Convention and by this
Protocol.
Article 24 - Protection of medical aircraft
Medical aircraft shall be respected and protected, subject to the
provisions of this Part.
Article 25 - Medical aircraft in areas not controlled by an adverse
Party
In and over land areas physically controlled by friendly forces,
or in and over sea areas not physically controlled by an adverse
Party, the respect and protection of medical aircraft of a Party to
the conflict is not dependent on any agreement with an adverse
Party. For greater safety, however, a Party to the conflict
operating its medical aircraft in these areas may notify the adverse
Party, as provided in Article 29, in particular when such aircraft
are making flights bringing them within range of surface-to-air
weapons systems of the adverse Party.
Article 26 - Medical aircraft in contact or similar zones
1. In and over those parts of the contact zone which are
physically controlled by friendly forces and in and over those areas
the physical control of which is not clearly established, protection
for medical aircraft can be fully effective only by prior agreement
between the competent military authorities of the Parties to the
conflict, as provided for in Article 29. Although, in the absence of
such an agreement, medical aircraft operate at their own risk, they
shall nevertheless be respected after they have been recognized as
such.
2. "Contact zone" means any area on land where the forward
elements of opposing forces are in contact with each other,
especially where they are exposed to direct fire from the ground.

Article 27 - Medical aircraft in areas controlled by an adverse Party
1. The medical aircraft of a Party to the conflict shall continue
to be protected while flying over land or sea areas physically
controlled by an adverse Party, provided that prior agreement to
such flights has been obtained from the competent authority of that
adverse Party.
2. A medical aircraft which flies over an area physically
controlled by an adverse Party without, or in deviation from the
terms of, an agreement provided for in paragraph 1, either through
navigational error or because of an emergency affecting the safety
of the flight, shall make every effort to identify itself and to
inform the adverse Party of the circumstances. As soon as such
medical aircraft has been recognized by the adverse Party, that
Party shall make all reasonable efforts to give the order to land or
to alight on water, referred to in Article 30, paragraph 1, or to
take other measures to safeguard its own interests, and, in either
case, to allow the aircraft time for compliance, before resorting to
an attack against the aircraft.
Article 28 - Restrictions on operations of medical aircraft
1. The Parties to the conflict are prohibited from using their
medical aircraft to attempt to acquire any military advantage over
an adverse Party. The presence of medical aircraft shall not be used
in an attempt to render military objectives immune from attack.
2. Medical aircraft shall not be used to collect or transmit
intelligence data and shall not carry any equipment intended for
such purposes. They are prohibited from carrying any persons or
cargo not included within the definition in Article 8, sub-paragraph
(f). The carrying on board of the personal effects of the occupants
or of equipment intended solely to facilitate navigation,
communication or identification shall not be considered as
prohibited.
3. Medical aircraft shall not carry any armament except small-arms
and ammunition taken from the wounded, sick and shipwrecked on board
and not yet handed to the proper service, and such light individual
weapons as may be necessary to enable the medical personnel on board
to defend themselves and the wounded, sick and shipwrecked in their
charge.
4. While carrying out the flights referred to in Articles 26 and
27, medical aircraft shall not, except by prior agreement with the
adverse Party, be used to search for the wounded, sick and
shipwrecked.

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Article 29 - Notifications and agreements concerning medical aircraft
1. Notifications under Article 25, or requests for prior agreement
under Articles 26, 27, 28 (paragraph 4), or 31 shall state the
proposed number of medical aircraft, their flight plans and means of
identification, and shall be understood to mean that every flight
will be carried out in compliance with Article 28.
2. A Party which receives a notification given under Article 25
shall at once acknowledge receipt of such notification.
3. A Party which receives a request for prior agreement under
Articles 26, 27, 28 (paragraph 4), or 31 shall, as rapidly as
possible, notify the requesting Party:
(a) that the request is agreed to;
(b) that the request is denied; or
(c) of reasonable alternative proposals to the request. It may
also propose a prohibition or restriction of other flights in the
area during the time involved. If the Party which submitted the
request accepts the alternative proposals, it shall notify the other
Party of such acceptance.
4. The Parties shall take the necessary measures to ensure that
notifications and agreements can be made rapidly.
5. The Parties shall also take the necessary measures to
disseminate rapidly the substance of any such notifications and
agreements to the military units concerned and shall instruct those
units regarding the means of identification that will be used by the
medical aircraft in question.
Article 30 - Landing and inspection of medical aircraft
1. Medical aircraft flying over areas which are physically
controlled by an adverse Party, or over areas the physical control
of which is not clearly established, may be ordered to land or to
alight on water, as appropriate, to permit inspection in accordance
with the following paragraphs. Medical aircraft shall obey any such
order.
2. If such an aircraft lands or alights on water, whether ordered
to do so or for other reasons, it may be subjected to inspection
solely to determine the matters referred to in paragraphs 3 and 4.
Any such inspection shall be commenced without delay and shall be
conducted expeditiously. The inspecting Party shall not require the
wounded and sick to be removed from the aircraft unless their
removal is essential for the inspection. That Party shall in any
event ensure that the condition of the wounded and sick is not
adversely affected by the inspection or by the removal.
3. If the inspection discloses that the aircraft:
(a) is a medical aircraft within the meaning of Article 8,
subparagraph
(j),
(b) is not in violation of the conditions prescribed in Article
28, and
(c) has not flown without or in breach of a prior agreement where
such agreement is required,
the aircraft and those of its occupants who belong to the adverse
Party or to a neutral or other State not a Party to the conflict
shall be authorized to continue the flight without delay.
4. If the inspection discloses that the aircraft:
(a) is not a medical aircraft within the meaning of Article 8,
sub-paragraph (f),
(b) is in violation of the conditions prescribed in Article 28,
or
(c) has flown without or in breach of a prior agreement where
such agreement is required,
the aircraft may be seized. Its occupants shall be treated in
conformity with the relevant provisions of the Conventions and of
this Protocol. Any aircraft seized which had been assigned as a
permanent medical aircraft may be used thereafter only as a medical
aircraft.
Article 31 - Neutral or other States not Parties to the conflict
1. Except by prior agreement, medical aircraft shall not fly over
or land in the territory of a neutral or other State not a Party to
the conflict. However, with such an agreement, they shall be
respected throughout their flight and also for the duration of any
calls in the territory. Nevertheless they shall obey any summons to
land or to alight on water, as appropriate.

2. Should a medical aircraft, in the absence of an agreement or in
deviation from the terms of an agreement, fly over the territory of
a neutral or other State not a Party to the conflict, either through
navigational error or because of an emergency affecting the safety
of the flight, it shall make every effort to give notice of the
flight and to identify itself. As soon as such medical aircraft is
recognized, that State shall make all reasonable efforts to give the
order to land or to alight on water referred to in Article 30,
paragraph 1, or to take other measures to safeguard its own

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interests, and, in either case, to allow the aircraft time for
compliance, before resorting to an attack against the aircraft.
3. If a medical aircraft, either by agreement or in the
circumstances mentioned in paragraph 2, lands or alights on water in
the territory of a neutral or other State not Party to the conflict,
whether ordered to do so or for other reasons, the aircraft shall be
subject to inspection for the purposes of determining whether it is
in fact a medical aircraft. The inspection shall be commenced
without delay and shall be conducted expeditiously. The inspecting
Party shall not require the wounded and sick of the Party operating
the aircraft to be removed from it unless their removal is essential
for the inspection. The inspecting Party shall in any event ensure
that the condition of the wounded and sick is not adversely affected
by the inspection or the removal. If the inspection discloses that
the aircraft is in fact a medical aircraft, the aircraft with its
occupants, other than those who must be detained in accordance with
the rules of international law applicable in armed conflict, shall
be allowed to resume its flight, and reasonable facilities shall be
given for the continuation of the flight. If the inspection
discloses that the aircraft is not a medical aircraft, it shall be
seized and the occupants treated in accordance with paragraph 4.
4. The wounded, sick and shipwrecked disembarked, otherwise than
temporarily, from a medical aircraft with the consent of the local
authorities in the territory of a neutral or other State not a Party
to the conflict shall, unless agreed otherwise between that State
and the Parties to the conflict, be detained by that State where so
required by the rules of international law applicable in armed
conflict, in such a manner that they cannot again take part in the
hostilities. The cost of hospital treatment and internment shall be
borne by the State to which those persons belong.
5. Neutral or other States not Parties to the conflict shall apply
any conditions and restrictions on the passage of medical aircraft
over, or on the landing of medical aircraft in, their territory
equally to all Parties to the conflict.
SECTION III
MISSING AND DEAD PERSONS
Article 32 - General principle
In the implementation of this Section, the activities of the High
Contracting Parties, of the Parties to the conflict and of the
international humanitarian organizations mentioned in the
Conventions and in this Protocol shall be prompted mainly by the
right of families to know the fate of their relatives.
Article 33 - Missing persons
1. As soon as circumstances permit, and at the latest from the end
of active hostilities, each Party to the conflict shall search for
the persons who have been reported missing by an adverse Party. Such
adverse Party shall transmit all relevant information concerning
such persons in order to facilitate such searches.
2. In order to facilitate the gathering of information pursuant to
the preceding paragraph, each Party to the conflict shall, with
respect to persons who would not receive more favourable
consideration under the Conventions and this Protocol:
(a) record the information specified in Article 138 of the Fourth
Convention in respect of such persons who have been detained,
imprisoned or otherwise held in captivity for more than two weeks as
a result of hostilities or occupation, or who have died during any
period of detention;
(b) to the fullest extent possible, facilitate and, if need be,
carry out the search for and the recording of information concerning
such persons if they have died in other circumstances as a result of
hostilities or occupation.
3. Information concerning persons reported missing pursuant to
paragraph 1 and requests for such information shall be transmitted
either directly or through the Protecting Power or the Central
Tracing Agency of the International Committee of the Red Cross or
national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where
the information is not transmitted through the International
Committee of the Red Cross and its Central Tracing Agency, each
Party to the conflict shall ensure that such information is also
supplied to the Central Tracing Agency.
4. The Parties to the conflict shall endeavour to agree on
arrangements for teams to search for, identify and recover the dead
from battlefield areas, including arrangements, if appropriate, for
such teams to be accompanied by personnel of the adverse Party while
carrying out these missions in areas controlled by the adverse
Party. Personnel of such teams shall be respected and protected
while exclusively carrying out these duties.
Article 34 - Remains of deceased
1. The remains of persons who have died for reasons related to
occupation or in detention resulting from occupation or hostilities

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and those of persons not nationals of the country in which they have
died as a result of hostilities shall be respected, and the
gravesites of all such persons shall be respected, maintained and
marked as provided for in Article 130 of the Fourth Convention,
where their remains or gravesites would not receive more favourable
consideration under the Conventions and this Protocol.
2. As soon as circumstances and the relations between the adverse
Parties permit, the High Contracting Parties in whose territories
graves and, as the case may be, other locations of the remains of
persons who have died as a result of hostilities or during
occupation or in detention are situated, shall conclude agreements
in order:
(a) to facilitate access to the gravesites by relatives of the
deceased and by representatives of official graves registration
services and to regulate the practical arrangements for such access;
(b) to protect and maintain such gravesites permanently;
(c) to facilitate the return of the remains of the deceased and
of personal effects to the home country upon its request or, unless
that country objects, upon the request of the next of kin.
3. In the absence of the agreements provided for in paragraph 2
(b) or (c) and if the home country of such deceased is not willing
to arrange at its expense for the maintenance of such gravesites,
the High Contracting Party in whose territory the gravesites are
situated may offer to facilitate the return of the remains of the
deceased to the home country. Where such an offer has not been
accepted the High Contacting Party may, after the expiry of five
years from the date of the offer and upon due notice to the home
country, adopt the arrangements laid down in its own laws relating
to cemeteries and graves.

4. A High Contracting Party in whose territory the gravesites
referred to in this Article are situated shall be permitted to
exhume the remains only:
(a) in accordance with paragraphs 2 (c) and 3, or
(b) where exhumation is a matter of overriding public necessity,
including cases of medical and investigative necessity, in which
case the High Contracting Party shall at all times respect the
remains, and shall give notice to the home country of its intention
to exhume the remains together with details of the intended place of
reinterment.
PART III
METHODS AND MEANS OF WARFARE COMBATANT AND PRISONER-OF-WAR STATUS
SECTION I
METHODS AND MEANS OF WARFARE
Article 35 - Basic rules
1. In any armed conflict, the right of the Parties to the conflict
to choose methods or means of warfare is not unlimited.
2. It is prohibited to employ weapons, projectiles and material
and methods of warfare of a nature to cause superfluous injury or
unnecessary suffering.
3. It is prohibited to employ methods or means of warfare which
are intended, or may be expected, to cause widespread, long-term and
severe damage to the natural environment.
Article 36 - New weapons
In the study, development, acquisition or adoption of a new
weapon, means or method of warfare, a High Contracting Party is
under an obligation to determine whether its employment would, in
some or all circumstances, be prohibited by this Protocol or by any
other rule of international law applicable to the High Contracting
Party.
Article 37 - Prohibition of perfidy
1. It is prohibited to kill, injure or capture an adversary by
resort to perfidy. Acts inviting the confidence of an adversary to
lead him to believe that he is entitled to, or is obliged to accord,
protection under the rules of international law applicable in armed
conflict, with intent to betray that confidence, shall constitute
perfidy. The following acts are examples of perfidy:
(a) the feigning of an intent to negotiate under a flag of truce
or of a surrender;
(b) the feigning of an incapacitation by wounds or sickness;
(c) the feigning of civilian, non-combatant status; and
(d) the feigning of protected status by the use of signs, emblems
or uniforms of the United Nations or of neutral or other States not
Parties to the conflict.
2. Ruses of war are not prohibited. Such ruses are acts which are
intended to mislead an adversary or to induce him to act recklessly
but which infringe no rule of international law applicable in armed
conflict and which are not perfidious because they do not invite the
confidence of an adversary with respect to protection under that
law. The following are examples of such ruses: the use of
camouflage, decoys, mock operations and misinformation.

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Article 38 - Recognized emblems
1. It is prohibited to make improper use of the distinctive emblem
of the red cross, red crescent or red lion and sun or of other
emblems, signs or signals provided for by the Conventions or by this
Protocol. It is also prohibited to misuse deliberately in an armed
conflict other internationally recognized protective emblems, signs
or signals, including the flag of truce, and the protective emblem
of cultural property.
2. It is prohibited to make use of the distinctive emblem of the
United Nations, except as authorized by that Organization.
Article 39 - Emblems of nationality
1. It is prohibited to make use in an armed conflict of the flags
or military emblems, insignia or uniforms of neutral or other States
not Parties to the conflict.
2. It is prohibited to make use of the flags or military emblems,
insignia or uniforms of adverse Parties while engaging in attacks or
in order to shield, favour, protect or impede military operations.
3. Nothing in this Article or in Article 37, paragraph 1 (d),
shall affect the existing generally recognized rules of
international law applicable to espionage or to the use of flags in
the conduct of armed conflict at sea.
Article 40 - Quarter
It is prohibited to order that there shall be no survivors, to
threaten an adversary therewith or to conduct hostilities on this
basis.
Article 41 - Safeguard of an enemy hors de combat
1. A person who is recognized or who, in the circumstances, should
be recognized to be hors de combat shall not be made the object of
attack.
2. A person is hors de combat if:
(a) he is in the power of an adverse Party;
(b) he clearly expresses an intention to surrender; or
(c) he has been rendered unconscious or is otherwise
incapacitated by wounds or sickness, and therefore is incapable of
defending himself;
provided that in any of these cases he abstains from any hostile act
and does not attempt to escape.
3. When persons entitled to protection as prisoners of war have
fallen into the power of an adverse Party under unusual conditions
of combat which prevent their evacuation as provided for in Part
III, Section I, of the Third Convention, they shall be released and
all feasible precautions shall be taken to ensure their safety.
Article 42 - Occupants of aircraft
1. No person parachuting from an aircraft in distress shall be
made the object of attack during his descent.
2. Upon reaching the ground in territory controlled by an adverse
Party, a person who has parachuted from an aircraft in distress
shall be given an opportunity to surrender before being made the
object of attack, unless it is apparent that he is engaging in a
hostile act.
3. Airborne troops are not protected by this Article.
SECTION II
COMBATANT AND PRISONER-OF-WAR STATUS
Article 43 - Armed forces
1. The armed forces of a Party to a conflict consist of all
organized armed forces, groups and units which are under a command
responsible to that Party for the conduct of its subordinates, even
if that Party is represented by a government or an authority not
recognized by an adverse Party. Such armed forces shall be subject
to an internal disciplinary system which, inter alia, shall enforce
compliance with the rules of international law applicable in armed
conflict.
2. Members of the armed forces of a Party to a conflict (other
than medical personnel and chaplains covered by Article 33 of the
Third Convention) are combatants, that is to say, they have the
right to participate directly in hostilities.
3. Whenever a Party to a conflict incorporates a paramilitary or
armed law inforcement agency into its armed forces it shall so
notify the other Parties to the conflict.
Article 44 - Combatants and prisoners of war
1. Any combatant, as defined in Article 43, who falls into the
power of an adverse Party shall be a prisoner of war.
2. While all combatants are obliged to comply with the rules of
international law applicable in armed conflict, violations of these
rules shall not deprive a combatant of his right to be a combatant
or, if he falls into the power of an adverse Party, of his right to
be a prisoner of war, except as provided in paragraphs 3 and 4.
3. In order to promote the protection of the civilian population
from the effects of hostilities, combatants are obliged to
distinguish themselves from the civilian population while they are

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engaged in an attack or in a military operation preparatory to an
attack. Recognizing, however, that there are situations in armed
conflicts where, owing to the nature of the hostilities an armed
combatant cannot so distinguish himself, he shall retain his status
as a combatant, provided that, in such situations, he carries his
arms openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while he
is engaged in a military deployment preceding the launching of an
attack in which he is to participate.
Acts which comply with the requirements of this paragraph shall not
be considered as perfidious within the meaning of Article 37,
paragraph 1 (c).
4. A combatant who falls into the power of an adverse Party while
failing to meet the requirements set forth in the second sentence of
paragraph 3 shall forfeit his right to be a prisoner of war, but he
shall, nevertheless, be given protections equivalent in all respects
to those accorded to prisoners of war by the Third Convention and by
this Protocol. This protection includes protections equivalent to
those accorded to prisoners of war by the Third Convention in the
case where such a person is tried and punished for any offences he
has committed.
5. Any combatant who falls into the power of an adverse Party
while not engaged in an attack or in a military operation
preparatory to an attack shall not forfeit his rights to be a
combatant and a prisoner of war by virtue of his prior activities.
6. This Article is without prejudice to the right of any person to
be a prisoner of war pursuant to Article 4 of the Third Convention.
7. This Article is not intended to change the generally accepted
practice of States with respect to the wearing of the uniform by
combatants assigned to the regular, uniformed armed units of a Party
to the conflict.
8. In addition to the categories of persons mentioned in Article
13 of the First and Second Conventions, all members of the armed
forces of a Party to the conflict, as defined in Article 43 of this
Protocol, shall be entitled to protection under those Conventions if
they are wounded or sick or, in the case of the Second Convention,
shipwrecked at sea or in other waters.
Article 45 - Protection of persons who have taken part in hostilities
1. A person who takes part in hostilities and falls into the power
of an adverse Party shall be presumed to be a prisoner of war, and
therefore shall be protected by the Third Convention, if he claims
the status of prisoner of war, or if he appears to be entitled to
such status, or if the Party on which he depends claims such status
on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such
person is entitled to the status of prisoner of war, he shall
continue to have such status and, therefore, to be protected by the
Third Convention and this Protocol until such time as his status has
been determined by a competent tribunal.
2. If a person who has fallen into the power of an adverse Party
is not held as a prisoner of war and is to be tried by that Party
for an offence arising out of the hostilities, he shall have the
right to assert his entitlement to prisoner-of-war status before a
judicial tribunal and to have that question adjudicated. Whenever
possible under the applicable procedure, this adjudication shall
occur before the trial for the offence. The representatives of the
Protecting Power shall be entitled to attend the proceedings in
which that question is adjudicated, unless, exceptionally, the
proceedings are held in camera in the interest of State security. In
such a case the detaining Power shall advise the Protecting Power
accordingly.

3. Any person who has taken part in hostilities, who is not
entitled to prisoner-of-war status and who does not benefit from
more favourable treatment in accordance with the Fourth Convention
shall have the right at all times to the protection of Article 75 of
this Protocol. In occupied territory, any such person, unless he is
held as a spy, shall also be entitled, notwithstanding Article 5 of
the Fourth Convention, to his rights of communication under that
Convention.
Article 46 - Spies
1. Notwithstanding any other provision of the Conventions or of
this Protocol, any member of the armed forces of a Party to the
conflict who falls into the power of an adverse Party while engaging
in espionage shall not have the right to the status of prisoner of
war and may be treated as a spy.
2. A member of the armed forces of a Party to the conflict who, on
behalf of that Party and in territory controlled by an adverse
Party, gathers or attempts to gather information shall not be
considered as engaging in espionage if, while so acting, he is in

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the uniform of his armed forces.
3. A member of the armed forces of a Party to the conflict who is
a resident of territory occupied by an adverse Party and who, on
behalf of the Party on which he depends, gathers or attempts to
gather information of military value within that territory shall not
be considered as engaging in espionage unless he does so through an
act of false pretences or deliberately in a clandestine manner.
Moreover, such a resident shall not lose his right to the status of
prisoner of war and may not be treated as a spy unless he is
captured while engaging in espionage.
4. A member of the armed forces of a Party to the conflict who is
not a resident of territory occupied by an adverse Party and who has
engaged in espionage in that territory shall not lose his right to
the status of prisoner of war and may not be treated as a spy unless
he is captured before he has rejoined the armed forces to which he
belongs.
Article 47 - Mercenaries
1. A mercenary shall not have the right to be a combatant or a
prisoner of war.
2. A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in
an armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by
the desire for private gain and, in fact, is promised, by or on
behalf of a Party to the conflict, material compensation
substantially in excess of that promised or paid to combatants of
similar ranks and functions in the armed forces of that Party;
(d) is neither a national of a Party to the conflict nor a
resident of territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the
conflict; and
(f) has not been sent by a State which is not a Party to the
conflict on official duty as a member of its armed forces.
PART IV
CIVILIAN POPULATION
SECTION I
GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES
Chapter I
BASIC RULE AND FIELD OF APPLICATION
Article 48 - Basic rule
In order to ensure respect for and protection of the civilian
population and civilian objects, the Parties to the conflict shall
at all times distinguish between the civilian population and
combatants and between civilian objects and military objectives and
accordingly shall direct their operations only against military
objectives.
Article 49 - Definition of attacks and scope of application
1. "Attacks" means acts of violence against the adversary,
whether in offence of in defence.
2. The provisions of this Protocol with respect to attacks apply
to all attacks in whatever territory conducted, including the
national territory belonging to a Party to the conflict but under
the control of an adverse Party.
3. The provisions of this Section apply to any land, air or sea
warfare which may affect the civilian population, individual
civilians or civilian objects on land. They further apply to all
attacks from the sea or from the air against objectives on land but
do not otherwise affect the rules of international law applicable in
armed conflict at sea or in the air.
4. The provisions of this Section are additional to the rules
concerning humanitarian protection contained in the Fourth
Convention, particularly in Part II thereof, and in other
international agreements binding upon the High Contracting Parties,
as well as to other rules of international law relating to the
protection of civilians and civilian objects on land, at sea or in
the air against the effects of hostilities.
Chapter II
CIVILIANS AND CIVILIAN POPULATION
Article 50 - Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the
categories of persons referred to in Article 4A (1), (2), (3) and
(6) of the Third Convention and in Article 43 of this Protocol. In
case of doubt whether a person is a civilian, that person shall be
considered to be a civilian.
2. The civilian population comprises all persons who are
civilians.

3. The presence within the civilian population of individuals who
do not come within the definition of civilians does not deprive the
population of its civilian character.

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Article 51 - Protection of the civilian population
1. The civilian population and individual civilians shall enjoy
general protection against dangers arising from military operations.
To give effect to this protection, the following rules, which are
additional to other applicable rules of international law, shall be
observed in all circumstances.
2. The civilian population as such, as well as individual
civilians, shall not be the object of attack. Acts or threats of
violence the primary purpose of which is to spread terror among the
civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Section,
unless and for such time as they take a direct part in hostilities.
4. Indiscriminate attacks are prohibited. Indiscriminate attacks
are:
(a) those which are not directed at a specific military
objective;
(b) those which employ a method or means of combat which cannot
be directed at a specific military objective; or
(c) those which employ a method or means of combat the effects of
which cannot be limited as required by this Protocol;
and consequently, in each such case, are of a nature to strike
military objectives and civilians or civilian objects without
distinction.
5. Among others, the following types of attacks are to be
considered as indiscriminate:
(a) an attack by bombardment by any methods or means which treats
as a single military objective a number of clearly separated and
distinct military objectives located in a city, town, village or
other area containing a similar concentration of civilians or
civilian objects; and
(b) an attack which may be expected to cause incidental loss of
civilian life, injury to civilians, damage to civilian objects, or a
combination thereof, which would be excessive in relation to the
concrete and direct military advantage anticipated.
6. Attacks against the civilian population or civilians by way of
reprisals are prohibited.
7. The presence or movements of the civilian population or
individual civilians shall not be used to render certain points or
areas immune from military operations, in particular in attempts to
shield military objectives from attacks or to shield, favour or
impede military operations. The Parties to the conflict shall not
direct the movement of the civilian population or individual
civilians in order to attempt to shield military objectives from
attacks or to shield military operations.
8. Any violation of these prohibitions shall not release the
Parties to the conflict from their legal obligations with respect to
the civilian population and civilians, including the obligation to
take the precautionary measures provided for in Article 57.
Chapter III
CIVILIAN OBJECTS
Article 52 - General protection of civilian objects
1. Civilian objects shall not be the object of attack or of
reprisals. Civilian objects are all objects which are not military
objectives as defined in paragraph 2.
2. Attacks shall be limited strictly to military objectives. In so
far as objects are concerned, military objectives are limited to
those objects which by their nature, location, purpose or use make
an effective contribution to military action and whose total or
partial destruction, capture or neutralization, in the circumstances
ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated
to civilian purposes, such as a place of worship, a house or other
dwelling or a school, is being used to make an effective
contribution to military action, it shall be presumed not to be so
used.
Article 53 - Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for
the Protection of Cultural Property in the Event of Armed Conflict
of 14 May 1954, and of other relevant international instruments, it
is prohibited:
(a) to commit any acts of hostility directed against the historic
monuments, works of art or places of worship which constitute the
cultural or spiritual heritage of peoples;
(b) to use such objects in support of the military effort;
(c) to make such objects the object of reprisals.
Article 54 - Protection of objects indispensable to the survival of
the civilian population
1. Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless
objects indispensable to the survival of the civilian population,

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such as foodstuffs, agricultural areas for the production of
foodstuffs, crops, livestock, drinking water installations and
supplies and irrigation works, for the specific purpose of denying
them for their sustenance value to the civilian population or to the
adverse Party, whatever the motive, whether in order to starve out
civilians, to cause them to move away, or for any other motive.
3. The prohibitions in paragraph 2 shall not apply to such of the
objects covered by it as are used by an adverse Party:
(a) as sustenance solely for the members of its armed forces; or
(b) if not as sustenance, then in direct support of military
action, provided, however, that in no event shall actions against
these objects be taken which may be expected to leave the civilian
population with such inadequate food or water as to cause its
starvation or force its movement.
4. These objects shall not be made the object of reprisals.

5. In recognition of the vital requirements of any Party to the
conflict in the defence of its national territory against invasion,
derogation from the prohibitions contained in paragraph 2 may be
made by a Party to the conflict within such territory under its own
control where required by imperative military necessity.
Article 55 - Protection of the natural environment
1. Care shall be taken in warfare to protect the natural
environment against widespread, long-term and severe damage. This
protection includes a prohibition of the use of methods or means of
warfare which are intended or may be expected to cause such damage
to the natural environment and thereby to prejudice the health or
survival of the population.
2. Attacks against the natural environment by way of reprisals are
prohibited.
Article 56 - Protection of works and installations containing
dangerous forces
1. Works or installations containing dangerous forces, namely
dams, dykes and nuclear electrical generating stations, shall not be
made the object of attack, even where these objects are military
objectives, if such attack may cause the release of dangerous forces
and consequent severe losses among the civilian population. Other
military objectives located at or in the vicinity of these works or
installations shall not be made the object of attack if such attack
may cause the release of dangerous forces from the works or
installations and consequent severe losses among the civilian
population.
2. The special protection against attack provided by paragraph 1
shall cease:
(a) for a dam or a dyke only if it is used for other than its
normal function and in regular, significant and direct support of
military operations and if such attack is the only feasible way to
terminate such support;
(b) for a nuclear electrical generating station only if it
provides electric power in regular, significant and direct support
of military operations and if such attack is the only feasible way
to terminate such support;
(c) for other military objectives located at or in the vicinity
of these works or installations only if they are used in regular,
significant and direct support of military operations and if such
attack is the only feasible way to terminate such support.
3. In all cases, the civilian population and individual civilians
shall remain entitled to all the protection accorded them by
international law, including the protection of the precautionary
measures provided for in Article 57. If the protection ceases and
any of the works, installations or military objectives mentioned in
paragraph 1 is attacked, all practical precautions shall be taken to
avoid the release of the dangerous forces.
4. It is prohibited to make any of the works, installations or
military objectives mentioned in paragraph 1 the object of
reprisals.
5. The Parties to the conflict shall endeavour to avoid locating
any military objectives in the vicinity of the works or
installations mentioned in paragraph 1. Nevertheless, installations
erected for the sole purpose of defending the protected works or
installations from attack are permissible and shall not themselves
be made the object of attack, provided that they are not used in
hostilities except for defensive actions necessary to respond to
attacks against the protected works or installations and that their
armament is limited to weapons capable only of repelling hostile
action against the protected works or installations.
6. The High Contracting Parties and the Parties to the conflict
are urged to conclude further agreements among themselves to provide
additional protection for objects containing dangerous forces.
7. In order to facilitate the identification of the objects
protected by this Article, the Parties to the conflict may mark them

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with a special sign consisting of a group of three bright orange
circles placed on the same axis, as specified in Article 16 of Annex
I to this Protocol. The absence of such marking in no way relieves
any Party to the conflict of its obligations under this Article.
Chapter IV
PRECAUTIONARY MEASURES
Article 57 - Precautions in attack
1. In the conduct of military operations, constant care shall be
taken to spare the civilian population, civilians and civilian
objects.
2. With respect to attacks, the following precautions shall be
taken:
(a) those who plan or decide upon an attack shall:
(i) do everything feasible to verify that the objectives to
be attacked are neither civilians nor civilian objects and are not
subject to special protection but are military objectives within the
meaning of paragraph 2 of Article 52 and that it is not prohibited
by the provisions of this Protocol to attack them;
(ii) take all feasible precautions in the choice of means and
methods of attack with a view to avoiding, and in any event to
minimizing, incidental loss of civilian life, injury to civilians
and damage to civilian objects;
(iii) refrain from deciding to launch any attack which may be
expected to cause incidental loss of civilian life, injury to
civilians, damage to civilian objects, or a combination thereof,
which would be excessive in relation to the concrete and direct
military advantage anticipated;
(b) an attack shall be cancelled or suspended if it becomes
apparent that the objective is not a military one or is subject to
special protection or that the attack may be expected to cause
incidental loss of civilian life, injury to civilians, damage to
civilian objects, or a combination thereof, which would be excessive
in relation to the concrete and direct military advantage
anticipated;
(c) effective advance warning shall be given of attacks which may
affect the civilian population, unless circumstances do not permit.
3. When a choice is possible between several military objectives
for obtaining a similar military advantage, the objective to be
selected shall be that the attack on which may be expected to cause
the least danger to civilian lives and to civilian objects.
4. In the conduct of military operations at sea or in the air,
each Party to the conflict shall, in conformity with its rights and
duties under the rules of international law applicable in armed
conflict, take all reasonable precautions to avoid losses of
civilian lives and damage to civilian objects.
5. No provision of this Article may be construed as authorizing
any attacks against the civilian population, civilians or civilian
objects.

Article 58 - Precautions against the effects of attacks
The Parties to the conflict shall, to the maximum extent feasible:
(a) without prejudice to Article 49 of the Fourth Convention,
endeavour to remove the civilian population, individual civilians
and civilian objects under their control from the vicinity of
military objectives;
(b) avoid locating military objectives within or near densely
populated areas;
(c) take the other necessary precautions to protect the civilian
population, individual civilians and civilian objects under their
control against the dangers resulting from military operations.
Chapter V
LOCALITIES AND ZONES UNDER SPECIAL PROTECTION
Article 59 - Non-defended localities
1. It is prohibited for the Parties to the conflict to attack, by
any means whatsoever, non-defended localities.
2. The appropriate authorities of a Party to the conflict may
declare as a non-defended locality any inhabited place near or in a
zone where armed forces are in contact which is open for occupation
by an adverse Party. Such a locality shall fulfil the following
conditions:
(a) all combatants, as well as mobile weapons and mobile military
equipment must have been evacuated;
(b) no hostile use shall be made of fixed military installations
or establishments;
(c) no acts of hostility shall be committed by the authorities or
by the population; and
(d) no activities in support of military operations shall be
undertaken.
3. The presence, in this locality, of persons specially protected
under the Conventions and this Protocol, and of police forces
retained for the sole purpose of maintaining law and order, is not

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contrary to the conditions laid down in paragraph 2.
4. The declaration made under paragraph 2 shall be addressed to
the adverse Party and shall define and describe, as precisely as
possible, the limits of the non-defended locality. The Party to the
conflict to which the declaration is addressed shall acknowledge its
receipt and shall treat the locality as a non-defended locality
unless the conditions laid down in paragraph 2 are not in fact
fulfilled, in which event it shall immediately so inform the Party
making the declaration. Even if the conditions laid down in
paragraph 2 are not fulfilled, the locality shall continue to enjoy
the protection provided by the other provisions of this Protocol and
the other rules of international law applicable in armed conflict.
5. The Parties to the conflict may agree on the establishment of
non-defended localities even if such localities do not fulfil the
conditions laid down in paragraph 2. The agreement should define and
describe, as precisely as possible, the limits of the non-defended
locality; if necessary, it may lay down the methods of supervision.
6. The Party which is in control of a locality governed by such an
agreement shall mark it, so far as possible, by such signs as may be
agreed upon with the other Party, which shall be displayed where
they are clearly visible, especially on its perimeter and limits and
on highways.
7. A locality loses its status as a non-defended locality when it
ceases to fulfil the conditions laid down in paragraph 2 or in the
agreement referred to in paragraph 5. In such an eventuality, the
locality shall continue to enjoy the protection provided by the
other provisions of this Protocol and the other rules of
international law applicable in armed conflict.
Article 60 - Demilitarized zones
1. It is prohibited for the Parties to the conflict to extend
their military operations to zones on which they have conferred by
agreement the status of demilitarized zone, if such extension is
contrary to the terms of this agreement.
2. The agreement shall be an express agreement, may be concluded
verbally or in writing, either directly or through a Protecting
Power or any impartial humanitarian organization, and may consist of
reciprocal and concordant declarations. The agreement may be
concluded in peacetime, as well as after the outbreak of
hostilities, and should define and describe, as precisely as
possible, the limits of the demilitarized zone and, if necessary,
lay down the methods of supervision.
3. The subject of such an agreement shall normally be any zone
which fulfils the following conditions:
(a) all combatants, as well as mobile weapons and mobile military
equipment, must have been evacuated;
(b) no hostile use shall be made of fixed military installations
or establishments;
(c) no acts of hostility shall be committed by the authorities or
by the population; and
(d) any activity linked to the military effort must have ceased.
The Parties to the conflict shall agree upon the interpretation to
be given to the condition laid down in sub-paragraph (d) and upon
persons to be admitted to the demilitarized zone other than those
mentioned in paragraph 4.
4. The presence, in this zone, of persons specially protected
under the Conventions and this Protocol, and of police forces
retained for the sole purpose of maintaining law and order, is not
contrary to the conditions laid down in paragraph 3.
5. The Party which is in control of such a zone shall mark it, so
far as possible, by such signs as may be agreed upon with the other
Party, which shall be displayed where they are clearly visible,
especially on its perimeter and limits and on highways.
6. If the fighting draws near to a demilitarized zone, and if the
Parties to the conflict have so agreed, none of them may use the
zone for purposes related to the conduct of military operations or
unilaterally revoke its status.
7. If one of the Parties to the conflict commits a material breach
of the provisions of paragraphs 3 or 6, the other Party shall be
released from its obligations under the agreement conferring upon
the zone the status of demilitarized zone. In such an eventuality,
the zone loses its status but shall continue to enjoy the protection
provided by the other provisions of this Protocol and the other
rules of international law applicable in armed conflict.

Chapter VI
CIVIL DEFENCE
Article 61 - Definitions and scope
For the purposes of this Protocol:
(a) "civil defence" means the performance of some or all of the
undermentioned humanitarian tasks intended to protect the civilian
population against the dangers, and to help it to recover from the

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immediate effects, of hostilities or disasters and also to provide
the conditions necessary for its survival. These tasks are:
(i) warning;
(ii) evacuation;
(iii) management of shelters;
(iv) management of blackout measures;
(v) rescue;
(vi) medical services, including first aid, and religious assistance;
(vii) fire-fighting;
(viii) detection and marking of danger areas;
(ix) decontamination and similar protective measures;
(x) provision of emergency accommodation and supplies;
(xi) emergency assistance in the restoration and maintenance of
order in distressed areas;
(xii) emergency repair of indispensable public utilities;
(xiii) emergency disposal of the dead;
(xiv) assistance in the preservation of objects essential for
survival;
(xv) complementary activities necessary to carry out any of the
tasks mentioned above, including, but not limited to, planning and
organization;
(b) "civil defence organizations" means those establishments
and other units which are organized or authorized by the competent
authorities of a Party to the conflict to perform any of the tasks
mentioned under sub-paragraph (a), and which are assigned and
devoted exclusively to such tasks;
(c) "personnel" of civil defence organizations means those
persons assigned by a Party to the conflict exclusively to the
performance of the tasks mentioned under sub-paragraph (a),
including personnel assigned by the competent authority of that
Party exclusively to the administration of these organizations;
(d) "mat riel" of civil defence organizations means equipment,
supplies and transports used by these organizations for the
performance of the tasks mentioned under sub-paragraph (a).
Article 62 - General protection
1. Civilian civil defence organizations and their personnel shall
be respected and protected, subject to the provisions of this
Protocol, particularly the provisions of this Section. They shall be
entitled to perform their civil defence tasks except in case of
imperative military necessity.
2. The provisions of paragraph 1 shall also apply to civilians
who, although not members of civilian civil defence organizations,
respond to an appeal from the competent authorities and perform
civil defence tasks under their control.
3. Buildings and mat riel used for civil defence purposes and
shelters provided for the civilian population are covered by Article
52. Objects used for civil defence purposes may not be destroyed or
diverted from their proper use except by the Party to which they
belong.
Article 63 - Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations
shall receive from the authorities the facilities necessary for the
performance of their tasks. In no circumstances shall their
personnel be compelled to perform activities which would interfere
with the proper performance of these tasks. The Occupying Power
shall not change the structure or personnel of such organizations in
any way which might jeopardize the efficient performance of their
mission. These organizations shall not be required to give priority
to the nationals or interests of that Power.
2. The Occupying Power shall not compel, coerce or induce civilian
civil defence organizations to perform their tasks in any manner
prejudicial to the interests of the civilian population.
3. The Occupying Power may disarm civil defence personnel for
reasons of security.
4. The Occupying Power shall neither divert from their proper use
nor requisition buildings or mat riel belonging to or used by civil
defence organizations if such diversion or requisition would be
harmful to the civilian population.
5. Provided that the general rule in paragraph 4 continues to be
observed, the Occupying Power may requisition or divert these
resources, subject to the following particular conditions:
(a) that the buildings or mat riel are necessary for other needs
of the civilian population; and
(b) that the requisition or diversion continues only while such
necessity exists.
6. The Occupying Power shall neither divert nor requisition
shelters provided for the use of the civilian population or needed
by such population.
Article 64 - Civilian civil defence organizations of neutral or
other States not Parties to the conflict and international

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co-ordinating organizations
1. Articles 62, 63, 65 and 66 shall also apply to the personnel
and mat riel of civilian civil defence organizations of neutral or
other States not Parties to the conflict which perform civil defence
tasks mentioned in Article 61 in the territory of a Party to the
conflict, with the consent and under the control of that Party.
Notification of such assistance shall be given as soon as possible
to any adverse Party concerned. In no circumstances shall this
activity be deemed to be an interference in the conflict. This
activity should, however, be performed with due regard to the
security interests of the Parties to the conflict concerned.

2. The Parties to the conflict receiving the assistance referred
to in paragraph 1 and the High Contracting Parties granting it
should facilitate international co-ordination of such civil defence
actions when appropriate. In such cases the relevant international
organizations are covered by the provisions of this Chapter.
3. In occupied territories, the Occupying Power may only exclude
or restrict the activities of civilian civil defence organizations
of neutral or other States not Parties to the conflict and of
international co-ordinating organizations if it can ensure the
adequate performance of civil defence tasks from its own resources
or those of the occupied territory.
Article 65 - Cessation of protection
1. The protection to which civilian civil defence organizations,
their personnel, buildings, shelters and mat riel are entitled shall
not cease unless they commit or are used to commit, outside their
proper tasks, acts harmful to the enemy. Protection may, however,
cease only after a warning has been given setting, whenever
appropriate, a reasonable time-limit, and after such warning has
remained unheeded.
2. The following shall not be considered as acts harmful to the
enemy:
(a) that civil defence tasks are carried out under the direction
or control of military authorities;
(b) that civilian civil defence personnel co-operate with
military personnel in the performance of civil defence tasks, or
that some military personnel are attached to civilian civil defence
organizations;
(c) that the performance of civil defence tasks may incidentally
benefit military victims, particularly those who are hors de combat.
3. It shall also not be considered as an act harmful to the enemy
that civilian civil defence personnel bear light individual weapons
for the purpose of maintaining order or for self-defence. However,
in areas where land fighting is taking place or is likely to take
place, the Parties to the conflict shall undertake the appropriate
measures to limit these weapons to handguns, such as pistols or
revolvers, in order to assist in distinguishing between civil
defence personnel and combatants. Although civil defence personnel
bear other light individual weapons in such areas, they shall
nevertheless be respected and protected as soon as they have been
recognized as such.
4. The formation of civilian civil defence organizations along
military lines, and compulsory service in them, shall also not
deprive them of the protection conferred by this Chapter.
Article 66 - Identification
1. Each Party to the conflict shall endeavour to ensure that its
civil defence organizations, their personnel, buildings and
mat riel, are identifiable while they are exclusively devoted to the
performance of civil defence tasks. Shelters provided for the
civilian population should be similarly identifiable.
2. Each Party to the conflict shall also endeavour to adopt and
implement methods and procedures which will make it possible to
recognize civilian shelters as well as civil defence personnel,
buildings and mat riel on which the international distinctive sign
of civil defence is displayed.
3. In occupied territories and in areas where fighting is taking
place or is likely to take place, civilian civil defence personnel
should be recognizable by the international distinctive sign of
civil defence and by an identity card certifying their status.
4. The international distinctive sign of civil defence is an
equilateral blue triangle on an orange ground when used for the
protection of civil defence organizations, their personnel,
buildings and mat riel and for civilian shelters.
5. In addition to the distinctive sign, Parties to the conflict
may agree upon the use of distinctive signals for civil defence
identification purposes.
6. The application of the provisions of paragraphs 1 to 4 is
governed by Chapter V of Annex I to this Protocol.
7. In time of peace, the sign described in paragraph 4 may, with
the consent of the competent national authorities, be used for civil

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defence identification purposes.
8. The High Contracting Parties and the Parties to the conflict
shall take the measures necessary to supervise the display of the
international distinctive sign of civil defence and to prevent and
repress any misuse thereof.
9. The identification of civil defence medical and religious
personnel, medical units and medical transports is also governed by
Article 18.
Article 67 - Members of the armed forces and military units assigned
to civil defence organizations
1. Members of the armed forces and military units assigned to
civil defence organizations shall be respected and protected,
provided that:
(a) such personnel and such units are permanently assigned and
exclusively devoted to the performance of any of the tasks mentioned
in Article 61;
(b) if so assigned, such personnel do not perform any other
military duties during the conflict;
(c) such personnel are clearly distinguishable from the other
members of the armed forces by prominently displaying the
international distinctive sign of civil defence, which shall be as
large as appropriate, and such personnel are provided with the
identity card referred to in Chapter V of Annex I to this Protocol
certifying their status;
(d) such personnel and such units are equipped only with light
individual weapons for the purpose of maintaining order or for
self-defence.
The provisions of Article 65, paragraph 3 shall also apply
in this case;
(e) such personnel do not participate directly in hostilities,
and do not commit, or are not used to commit, outside their civil
defence tasks, acts harmful to the adverse Party;
(f) such personnel and such units perform their civil defence
tasks only within the national territory of their party.
The non-observance of the conditions stated in (e) above by any
member of the armed forces who is bound by the conditions prescribed
in (a) and (b) above is prohibited.
2. Military personnel serving within civil defence organizations
shall, if they fall into the power of an adverse Party, be prisoners
of war. In occupied territory they may, but only in the interest of
the civilian population of that territory, be employed on civil
defence tasks in so far as the need arises, provided however that,
if such work is dangerous, they volunteer for such tasks.

3. The buildings and major items of equipment and transports of
military units assigned to civil defence organizations shall be
clearly marked with the international distinctive sign of civil
defence. This distinctive sign shall be as large as appropriate.
4. The materiel and buildings of military units permanently
assigned to civil defence organizations and exclusively devoted to
the performance of civil defence tasks shall, if they fall into the
hands of an adverse Party, remain subject to the laws of war. They
may not be diverted from their civil defence purpose so long as they
are required for the performance of civil defence tasks, except in
case of imperative military necessity, unless previous arrangements
have been made for adequate provision for the needs of the civilian
population.
SECTION II
RELIEF IN FAVOUR OF THE CIVILIAN POPULATION
Article 68 - Field of application
The provisions of this Section apply to the civilian population as
defined in this Protocol and are supplementary to Articles 23, 55,
59, 60, 61 and 62 and other relevant provisions of the Fourth
Convention.
Article 69 - Basic needs in occupied territories
1. In addition to the duties specified in Article 55 of the Fourth
Convention concerning food and medical supplies, the Occupying Power
shall, to the fullest extent of the means available to it and
without any adverse distinction, also ensure the provision of
clothing, bedding, means of shelter, other supplies essential to the
survival of the civilian population of the occupied territory and
objects necessary for religious worship.
2. Relief actions for the benefit of the civilian population of
occupied territories are governed by Articles 59, 60, 61, 62, 108,
109, 110 and 111 of the Fourth Convention, and by Article 71 of this
Protocol, and shall be implemented without delay.
Article 70 - Relief actions
1. If the civilian population of any territory under the control
of a Party to the conflict, other than occupied territory, is not
adequately provided with the supplies mentioned in Article 69,
relief actions which are humanitarian and impartial in character and

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conducted without any adverse distinction shall be undertaken,
subject to the agreement of the Parties concerned in such relief
actions. Offers of such relief shall not be regarded as interference
in the armed conflict or as unfriendly acts. In the distribution of
relief consignments, priority shall be given to those persons, such
as children, expectant mothers, maternity cases and nursing mothers,
who, under the Fourth Convention or under this Protocol, are to be
accorded privileged treatment or special protection.
2. The Parties to the conflict and each High Contracting Party
shall allow and facilitate rapid and unimpeded passage of all relief
consignments, equipment and personnel provided in accordance with
this Section, even if such assistance is destined for the civilian
population of the adverse Party.
3. The Parties to the conflict and each High Contracting Party
which allow the passage of relief consignments, equipment and
personnel in accordance with paragraph 2:
(a) shall have the right to prescribe the technical arrangements,
including search, under which such passage is permitted;
(b) may make such permission conditional on the distribution of
this assistance being made under the local supervision of a
Protecting Power;
(c) shall, in no way whatsoever, divert relief consignments from
the purpose for which they are intended nor delay their forwarding,
except in cases of urgent necessity in the interest of the civilian
population concerned.
4. The Parties to the conflict shall protect relief consignments
and facilitate their rapid distribution.
5. The Parties to the conflict and each High Contracting Party
concerned shall encourage and facilitate effective international
coordination
of the relief actions referred to in paragraph 1.
Article 71 - Personnel participating in relief actions
1. Where necessary, relief personnel may form part of the
assistance provided in any relief action, in particular for the
transportation and distribution of relief consignments; the
participation of such personnel shall be subject to the approval of
the Party in whose territory they will carry out their duties.
2. Such personnel shall be respected and protected.
3. Each Party in receipt of relief consignments shall, to the
fullest extent practicable, assist the relief personnel referred to
in paragraph 1 in carrying out their relief mission. Only in case of
imperative military necessity may the activities of the relief
personnel be limited or their movements temporarily restricted.
4. Under no circumstances may relief personnel exceed the terms of
their mission under this Protocol. In particular they shall take
account of the security requirements of the Party in whose territory
they are carrying out their duties. The mission of any of the
personnel who do not respect these conditions may be terminated.
SECTION III
TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT
Chapter I
FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS
Article 72 - Field of application
The provisions of this Section are additional to the rules
concerning humanitarian protection of civilians and civilian objects
in the power of a Party to the conflict contained in the Fourth
Convention, particularly Parts I and III thereof, as well as to
other applicable rules of international law relating to the
protection of fundamental human rights during international armed
conflict.

Article 73 - Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered
as stateless persons or refugees under the relevant international
instruments accepted by the Parties concerned or under the national
legislation of the State of refuge or State of residence shall be
protected persons within the meaning of Parts I and III of the
Fourth Convention, in all circumstances and without any adverse
distinction.
Article 74 - Reunion of dispersed families
The High Contracting Parties and the Parties to the conflict shall
facilitate in every possible way the reunion of families dispersed
as a result of armed conflicts and shall encourage in particular the
work of the humanitarian organizations engaged in this task in
accordance with the provisions of the Conventions and of this
Protocol and in conformity with their respective security
regulations.
Article 75 - Fundamental guarantees
1. In so far as they are affected by a situation referred to in
Article 1 of this Protocol, persons who are in the power of a Party
to the conflict and who do not benefit from more favourable

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treatment under the Conventions or under this Protocol shall be
treated humanely in all circumstances and shall enjoy, as a minimum,
the protection provided by this Article without any adverse
distinction based upon race, colour, sex, language, religion or
belief, political or other opinion, national or social origin,
wealth, birth or other status, or on any other similar criteria.
Each Party shall respect the person, honour, convictions and
religious practices of all such persons.
2. The following acts are and shall remain prohibited at any time
and in any place whatsoever, whether committed by civilian or by
military agents:
(a) violence to the life, health, or physical or mental
well-being
of persons, in particular:
(i) murder;
(ii) torture of all kinds, whether physical or mental;
(iii) corporal punishment; and
(iv) mutilation;
(b) outrages upon personal dignity, in particular humiliating and
degrading treatment, enforced prostitution and any form of indecent
assault;
(c) the taking of hostages;
(d) collective punishments; and
(e) threats to commit any of the foregoing acts.
3. Any person arrested, detained or interned for actions related
to the armed conflict shall be informed promptly, in a language he
understands, of the reasons why these measures have been taken.
Except in cases of arrest or detention for penal offences, such
persons shall be released with the minimum delay possible and in any
event as soon as the circumstances justifying the arrest, detention
or internment have ceased to exist.
4. No sentence may be passed and no penalty may be executed on a
person found guilty of a penal offence related to the armed conflict
except pursuant to a conviction pronounced by an impartial and
regularly constituted court respecting the generally recognized
principles of regular judicial procedure, which include the
following:
(a) the procedure shall provide for an accused to be informed
without delay of the particulars of the offence alleged against him
and shall afford the accused before and during his trial all
necessary rights and means of defence;
(b) no one shall be convicted of an offence except on the basis
of individual penal responsibility;
(c) no one shall be accused or convicted of a criminal offence on
account of any act or omission which did not constitute a criminal
offence under the national or international law to which he was
subject at the time when it was committed; nor shall a heavier
penalty be imposed than that which was applicable at the time when
the criminal offence was committed; if, after the commission of the
offence, provision is made by law for the imposition of a lighter
penalty, the offender shall benefit thereby;
(d) anyone charged with an offence is presumed innocent until
proved guilty according to law;
(e) anyone charged with an offence shall have the right to be
tried in his presence;
(f) no one shall be compelled to testify against himself or to
confess guilt;
(g) anyone charged with an offence shall have the right to
examine, or have examined, the witnesses against him and to obtain
the attendance and examination of witnesses on his behalf under the
same conditions as witnesses against him;
(h) no one shall be prosecuted or punished by the same Party for
an offence in respect of which a final judgement acquitting or
convicting that person has been previously pronounced under the same
law and judicial procedure;
(i) anyone prosecuted for an offence shall have the right to
have the judgement pronounced publicly; and
(j) a convicted person shall be advised on conviction of his
judicial and other remedies and of the time-limits within which they
may be exercised.
5. Women whose liberty has been restricted for reasons related to
the armed conflict shall be held in quarters separated from men's
quarters. They shall be under the immediate supervision of women.
Nevertheless, in cases where families are detained or interned, they
shall, whenever possible, be held in the same place and accommodated
as family units.
6. Persons who are arrested, detained or interned for reasons
related to the armed conflict shall enjoy the protection provided by
this Article until their final release, repatriation or
re-establishment,

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even after the end of the armed conflict.
7. In order to avoid any doubt concerning the prosecution and
trial of persons accused of war crimes or crimes against humanity,
the following principles shall apply:
(a) persons who are accused of such crimes should be submitted
for the purpose of prosecution and trial in accordance with the
applicable rules of international law; and
(b) any such persons who do not benefit from more favourable
treatment under the Conventions or this Protocol shall be accorded
the treatment provided by this Article, whether or not the crimes of
which they are accused constitute grave breaches of the Conventions
or of this Protocol.

8. No provision of this Article may be construed as limiting or
infringing any other more favourable provision granting greater
protection, under any applicable rules of international law, to
persons covered by paragraph 1.
Chapter II
MEASURES IN FAVOUR OF WOMEN AND CHILDREN
Article 76 - Protection of women
1. Women shall be the object of special respect and shall be
protected in particular against rape, forced prostitution and any
other form of indecent assault.
2. Pregnant women and mothers having dependent infants who are
arrested, detained or interned for reasons related to the armed
conflict, shall have their cases considered with the utmost
priority.
3. To the maximum extent feasible, the Parties to the conflict
shall endeavour to avoid the pronouncement of the death penalty on
pregnant women or mothers having dependent infants, for an offence
related to the armed conflict. The death penalty for such offences
shall not be executed on such women.
Article 77 - Protection of children
1. Children shall be the object of special respect and shall be
protected against any form of indecent assault. The Parties to the
conflict shall provide them with the care and aid they require,
whether because of their age or for any other reason.
2. The Parties to the conflict shall take all feasible measures in
order that children who have not attained the age of fifteen years
do not take a direct part in hostilities and, in particular, they
shall refrain from recruiting them into their armed forces. In
recruiting among those persons who have attained the age of fifteen
years but who have not attained the age of eighteen years, the
Parties to the conflict shall endeavour to give priority to those
who are oldest.
3. If, in exceptional cases, despite the provisions of paragraph
2, children who have not attained the age of fifteen years take a
direct part in hostilities and fall into the power of an adverse
Party, they shall continue to benefit from the special protection
accorded by this Article, whether or not they are prisoners of war.
4. If arrested, detained or interned for reasons related to the
armed conflict, children shall be held in quarters separate from the
quarters of adults, except where families are accommodated as family
units as provided in Article 75, paragraph 5.
5. The death penalty for an offence related to the armed conflict
shall not be executed on persons who had not attained the age of
eighteen years at the time the offence was committed.
Article 78 - Evacuation of children
1. No Party to the conflict shall arrange for the evacuation of
children, other than its own nationals, to a foreign country except
for a temporary evacuation where compelling reasons of the health or
medical treatment of the children or, except in occupied territory,
their safety, so require. Where the parents or legal guardians can
be found, their written consent to such evacuation is required. If
these persons cannot be found, the written consent to such
evacuation of the persons who by law or custom are primarily
responsible for the care of the children is required. Any such
evacuation shall be supervised by the Protecting Power in agreement
with the Parties concerned, namely, the Party arranging for the
evacuation, the Party receiving the children and any Parties whose
nationals are being evacuated. In each case, all Parties to the
conflict shall take all feasible precautions to aviod endangering
the evacuation.
2. Whenever an evacuation occurs pursuant to paragraph 1, each
child's education, including his religious and moral education as
his parents desire, shall be provided while he is away with the
greatest possible continuity.
3. With a view to facilitating the return to their families and
country of children evacuated pursuant to this Article, the
authorities of the Party arranging for the evacuation and, as
appropriate, the authorities of the receiving country shall

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establish for each child a card with photographs, which they shall
send to the Central Tracing Agency of the International Committee of
the Red Cross. Each card shall bear, whenever possible, and whenever
it involves no risk of harm to the child, the following information:
(a) surname(s) of the child;
(b) the child's first name(s);
(c) the child's sex;
(d) the place and date of birth (or, if that date is not known,
the approximate age);
(e) the father's full name;
(f) the mother's full name and her maiden name;
(g) the child's next-of-kin;
(h) the child's nationality;
(i) the child's native language, and any other languages he speaks;
(j) the address of the child's family;
(k) any identification number for the child;
(l) the child's state of health;
(m) the child's blood group;
(n) any distinguishing features;
(o) the date on which and the place where the child was found;
(p) the date on which and the place from which the child left the
country;
(q) the child's religion, if any;
(r) the child's present address in the receiving country;
(s) should the child die before his return, the date, place and
circumstances of death and place of interment.

Chapter III
JOURNALISTS
Article 79 - Measures of protection for journalists
1. Journalists engaged in dangerous professional missions in areas
of armed conflict shall be considered as civilians within the
meaning of Article 50, paragraph 1.
2. They shall be protected as such under the Conventions and this
Protocol, provided that they take no action adversely affecting
their status as civilians, and without prejudice to the right of war
correspondents accredited to the armed forces to the status provided
for in Article 4A (4) of the Third Convention.
3. They may obtain an identity card similar to the model in Annex
II of this Protocol. This card, which shall be issued by the
government of the State of which the journalist is a national or in
whose territory he resides or in which the news medium employing him
is located, shall attest to his status as a journalist.
PART V
EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
SECTION I
GENERAL PROVISIONS
Article 80 - Measures for execution
1. The High Contracting Parties and the Parties to the conflict
shall without delay take all necessary measures for the execution of
their obligations under the Conventions and this Protocol.
2. The High Contracting Parties and the Parties to the conflict
shall give orders and instructions to ensure observance of the
Conventions and this Protocol, and shall supervise their execution.
Article 81 - Activities of the Red Cross and other humanitarian
organizations
1. The Parties to the conflict shall grant to the International
Committee of the Red Cross all facilities within their power so as
to enable it to carry out the humanitarian functions assigned to it
by the Conventions and this Protocol in order to ensure protection
and assistance to the victims of conflicts; the International
Committee of the Red Cross may also carry out any other humanitarian
activities in favour of these victims, subject to the consent of the
Parties to the conflict concerned.
2. The Parties to the conflict shall grant to their respective Red
Cross (Red Crescent, Red Lion and Sun) organizations the facilities
necessary for carrying out their humanitarian activities in favour
of the victims of the conflict, in accordance with the provisions of
the Conventions and this Protocol and the fundamental principles of
the Red Cross as formulated by the International Conferences of the
Red Cross.
3. The High Contracting Parties and the Parties to the conflict
shall facilitate in every possible way the assistance which Red
Cross (Red Crescent, Red Lion and Sun) organizations and the League
of Red Cross Societies extend to the victims of conflicts in
accordance with the provisions of the Conventions and this Protocol
and with the fundamental principles of the Red Cross as formulated
by the International Conferences of the Red Cross.
4. The High Contracting Parties and the Parties to the conflict
shall, as far as possible, make facilities similar to those
mentioned in paragraphs 2 and 3 available to the other humanitarian

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organizations referred to in the Conventions and this Protocol which
are duly authorized by the respective Parties to the conflict and
which perform their humanitarian activities in accordance with the
provisions of the Conventions and this Protocol.
Article 82 - Legal advisers in armed forces
The High Contracting Parties at all times, and the Parties to the
conflict in time of armed conflict, shall ensure that legal advisers
are available, when necessary, to advise military commanders at the
appropriate level on the application of the Conventions and this
Protocol and on the appropriate instruction to be given to the armed
forces on this subject.
Article 83 - Dissemination
1. The High Contracting Parties undertake, in time of peace as in
time of armed conflict, to disseminate the Conventions and this
Protocol as widely as possible in their respective countries and, in
particular, to include the study thereof in their programmes of
military instruction and to encourage the study thereof by the
civilian population, so that those instruments may become known to
the armed forces and to the civilian population.
2. Any military or civilian authorities who, in time of armed
conflict, assume responsibilities in respect of the application of
the Conventions and this Protocol shall be fully acquainted with the
text thereof.
Article 84 - Rules of application
The High Contracting Parties shall communicate to one another, as
soon as possible, through the depositary and, as appropriate,
through the Protecting Powers, their official translations of this
Protocol, as well as the laws and regulations which they may adopt
to ensure its application.
SECTION II
REPRESSION OF BREACHES OF THE CONVENTIONS AND OF THIS PROTOCOL
Article 85 - Repression of breaches of this Protocol
1. The provisions of the Conventions relating to the repression of
breaches and grave breaches, supplemented by this Section, shall
apply to the repression of breaches and grave breaches of this
Protocol.
2. Acts described as grave breaches in the Conventions are grave
breaches of this Protocol if committed against persons in the power
of an adverse Party protected by Articles 44, 45 and 73 of this
Protocol, or against the wounded, sick and shipwrecked of the
adverse Party who are protected by this Protocol, or against those
medical or religious personnel, medical units or medical transports
which are under the control of the adverse Party and are protected
by this Protocol.

3. In addition to the grave breaches defined in Article 11, the
following acts shall be regarded as grave breaches of this Protocol,
when committed wilfully, in violation of the relevant provisions of
this Protocol, and causing death or serious injury to body or
health:
(a) making the civilian population or individual civilians the
object of attack;
(b) launching an indiscriminate attack affecting the civilian
population or civilian objects in the knowledge that such attack
will cause excessive loss of life, injury to civilians or damage to
civilian objects, as defined in Article 57, paragraph 2 (a) (iii);
(c) launching an attack against works or installations containing
dangerous forces in the knowledge that such attack will cause
excessive loss of life, injury to civilians or damage to civilian
objects, as defined in Article 57, paragraph 2 (a) (iii);
(d) making non-defended localities and demilitarized zones the
object of attack;
(e) making a person the object of attack in the knowledge that he
is hors de combat;
(f) the perfidious use, in violation of Article 37, of the
distinctive emblem of the red cross, red crescent or red lion and
sun or of other protective signs recognized by the Conventions or
this Protocol.
4. In addition to the grave breaches defined in the preceding
paragraphs and in the Conventions, the following shall be regarded
as grave breaches of this Protocol, when committed wilfully and in
violation of the Conventions or the Protocol:
(a) the transfer by the Occupying Power of parts of its own
civilian population into the territory it occupies, or the
deportation or transfer of all or parts of the population of the
occupied territory within or outside this territory, in violation of
Article 49 of the Fourth Convention;
(b) unjustifiable delay in the repatriation of prisoners of war
or civilians;
(c) practices of apartheid and other inhuman and degrading
practices involving outrages upon personal dignity, based on racial

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discrimination;
(d) making the clearly recognized historic monuments, works of
art or places of worship which constitute the cultural or spiritual
heritage of peoples and to which special protection has been given
by special arrangement, for example, within the framework of a
competent international organization, the object of attack, causing
as a result extensive destruction thereof, where there is no
evidence of the violation by the adverse Party of Article 53,
subparagraph
(b), and when such historic monuments, works of art and
places of worship are not located in the immediate proximity of
military objectives;
(e) depriving a person protected by the Conventions or referred
to in paragraph 2 of this Article of the rights of fair and regular
trial.
5. Without prejudice to the application of the Conventions and of
this Protocol, grave breaches of these instruments shall be regarded
as war crimes.
Article 86 - Failure to act
1. The High Contracting Parties and the Parties to the conflict
shall represss grave breaches, and take measures necessary to
suppress all other breaches, of the Conventions or of this Protocol
which result from a failure to act when under a duty to do so.
2. The fact that a breach of the Conventions or of this Protocol
was committed by a subordinate does not absolve his superiors from
penal or disciplinary responsibility, as the case may be, if they
knew, or had information which should have enabled them to conclude
in the circumstances at the time, that he was committing or was
going to commit such a breach and if they did not take all feasible
measures within their power to prevent or repress the breach.
Article 87 - Duty of commanders
1. The High Contracting Parties and the Parties to the conflict
shall require military commanders, with respect to members of the
armed forces under their command and other persons under their
control, to prevent and, where necessary, to suppress and to report
to competent authorities breaches of the Conventions and of this
Protocol.
2. In order to prevent and suppress breaches, High Contracting
Parties and Parties to the conflict shall require that, commensurate
with their level of responsibility, commanders ensure that members
of the armed forces under their command are aware of their
obligations under the Conventions and this Protocol.
3. The High Contracting Parties and Parties to the conflict shall
require any commander who is aware that subordinates or other
persons under his control are going to commit or have committed a
breach of the Conventions or of this Protocol, to initiate such
steps as are necessary to prevent such violations of the Conventions
or this Protocol, and, where appropriate, to initiate disciplinary
or penal action against violators thereof.
Article 88 - Mutual assistance in criminal matters
1. The High Contracting Parties shall afford one another the
greatest measure of assistance in connexion with criminal
proceedings brought in respect of grave breaches of the Conventions
or of this Protocol.
2. Subject to the rights and obligations established in the
Conventions and in Article 85, paragraph 1, of this Protocol, and
when circumstances permit, the High Contracting Parties shall
co-operate
in the matter of extradition. They shall give due
consideration to the request of the State in whose territory the
alleged offence has occurred.
3. The law of the High Contracting Party requested shall apply in
all cases. The provisions of the preceding paragraphs shall not,
however, affect the obligations arising from the provisions of any
other treaty of a bilateral or multilateral nature which governs or
will govern the whole or part of the subject of mutual assistance in
criminal matters.
Article 89 - Co-operation
In situations of serious violations of the Conventions or of this
Protocol, the High Contracting Parties undertake to act, jointly or
individually, in co-operation with the United Nations and in
conformity with the United Nations Charter.
Article 90 - International Fact-Finding Commission
1. (a) An International Fact-Finding Commission (hereinafter
referred to as "the Commission") consisting of fifteen members of
high moral standing and acknowledged impartiality shall be
established.

(b) When not less than twenty High Contracting Parties have
agreed to accept the competence of the Commission pursuant to
paragraph 2, the depositary shall then, and at intervals of five

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years thereafter, convene a meeting of representatives of those High
Contracting Parties for the purpose of electing the members of the
Commission. At the meeting, the representatives shall elect the
members of the Commission by secret ballot from a list of persons to
which each of those High Contracting Parties may nominate one
person.
(c) The members of the Commission shall serve in their personal
capacity and shall hold office until the election of new members at
the ensuing meeting.
(d) At the election, the High Contracting Parties shall ensure
that the persons to be elected to the Commission individually
possess the qualifications required and that, in the Commission as a
whole, equitable geographical representation is assured.
(e) In the case of a casual vacancy, the Commission itself shall
fill the vacancy, having due regard to the provisions of the
preceding sub-paragraphs.
(f) The depositary shall make available to the Commission the
necessary administrative facilities for the performance of its
functions.
2. (a) The High Contracting Parties may at the time of signing,
ratifying or acceding to the Protocol, or at any other subsequent
time, declare that they recognize ipso facto and without special
agreement, in relation to any other High Contracting Party accepting
the same obligation, the competence of the Commission to enquire
into allegations by such other Party, as authorized by this Article.
(b) The declarations referred to above shall be deposited with
the depositary, which shall transmit copies thereof to the High
Contracting Parties.
(c) The Commission shall be competent to:
(i) enquire into any facts alleged to be a grave breach as
defined in the Conventions and this Protocol or other serious
violation of the Conventions or of this Protocol;
(ii) facilitate, through its good offices, the restoration of
an attitude of respect for the Conventions and this Protocol.
(d) In other situations, the Commission shall institute an
enquiry at the request of a Party to the conflict only with the
consent of the other Party or Parties concerned.
(e) Subject to the foregoing provisions of this paragraph, the
provisions of Article 52 of the First Convention, Article 53 of the
Second Convention, Article 132 of the Third Convention and Article
149 of the Fourth Convention shall continue to apply to any alleged
violation of the Conventions and shall extend to any alleged
violation of this Protocol.
3. (a) Unless otherwise agreed by the Parties concerned, all
enquiries shall be undertaken by a Chamber consisting of seven
members appointed as follows:
(i) five members of the Commission, not nationals of any
Party to the conflict, appointed by the President of the Commission
on the basis of equitable representation of the geographical areas,
after consultation with the Parties to the conflict;
(ii) two ad hoc members, not nationals of any Party to the
conflict, one to be appointed by each side.
(b) Upon receipt of the request for an enquiry, the President of
the Commission shall specify an appropriate time-limit for setting
up a Chamber. If any ad hoc member has not been appointed within the
time-limit, the President shall immediately appoint such additional
member or members of the Commission as may be necessary to complete
the membership of the Chamber.
4. (a) The Chamber set up under paragraph 3 to undertake an
enquiry shall invite the Parties to the conflict to assist it and to
present evidence. The Chamber may also seek such other evidence as
it deems appropriate and may carry out an investigation of the
situation in loco.
(b) All evidence shall be fully disclosed to the Parties, which
shall have the right to comment on it to the Commission.
(c) Each Party shall have the right to challenge such evidence.
5. (a) The Commission shall submit to the Parties a report on the
findings of fact of the Chamber, with such recommendations as it may
deem appropriate.
(b) If the Chamber is unable to secure sufficient evidence for
factual and impartial findings, the Commission shall state the
reasons for that inability.
(c) The Commission shall not report its findings publicly,
unless all the Parties to the conflict have requested the Commission
to do so.
6. The Commission shall establish its own rules, including rules
for the presidency of the Commission and the presidency of the
Chamber. Those rules shall ensure that the functions of the
President of the Commission are exercised at all times and that, in
the case of an enquiry, they are exercised by a person who is not a

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national of a Party to the conflict.
7. The administrative expenses of the Commission shall be met by
contributions from the High Contracting Parties which made
declarations under paragraph 2, and by voluntary contributions. The
Party or Parties to the conflict requesting an enquiry shall advance
the necessary funds for expenses incurred by a Chamber and shall be
reimbursed by the Party or Parties against which the allegations are
made to the extent of fifty per cent of the costs of the Chamber.
Where there are counter-allegations before the Chamber each side
shall advance fifty per cent of the necessary funds.
Article 91 - Responsibility
A Party to the conflict which violates the provisions of the
Conventions or of this Protocol shall, if the case demands, be
liable to pay compensation. It shall be responsible for all acts
committed by persons forming part of its armed forces.

PART VI
FINAL PROVISIONS
Article 92 - Signature
This Protocol shall be open for signature by the Parties to the
Conventions six months after the signing of the Final Act and will
remain open for a period of twelve months.
Article 93 - Ratification
This Protocol shall be ratified as soon as possible. The
instruments of ratification shall be deposited with the Swiss
Federal Council, depositary of the Conventions.
Article 94 - Accession
This Protocol shall be open for accession by any Party to the
Conventions which has not signed it. The instruments of accession
shall be deposited with the depositary.
Article 95 - Entry into force
1. This Protocol shall enter into force six months after two
instruments of ratification or accession have been deposited.
2. For each Party to the Conventions thereafter ratifying or
acceding to this Protocol, it shall enter into force six months
after the deposit by such Party of its instrument of ratification or
accession.
Article 96 - Treaty relations upon entry into force of this Protocol
1. When the Parties to the Conventions are also Parties to this
Protocol, the Conventions shall apply as supplemented by this
Protocol.
2. When one of the Parties to the conflict is not bound by this
Protocol, the Parties to the Protocol shall remain bound by it in
their mutual relations. They shall furthermore be bound by this
Protocol in relation to each of the Parties which are not bound by
it, if the latter accepts and applies the provisions thereof.
3. The authority representing a people engaged against a High
Contracting Party in an armed conflict of the type referred to in
Article 1, paragraph 4, may undertake to apply the Conventions and
this Protocol in relation to that conflict by means of a unilateral
declaration addressed to the depositary. Such declaration shall,
upon its receipt by the depositary, have in relation to that
conflict the following effects:
(a) the Conventions and this Protocol are brought into force for
the said authority as a Party to the conflict with immediate effect;
(b) the said authority assumes the same rights and obligations as
those which have been assumed by a High Contracting Party to the
Conventions and this Protocol; and
(c) the Conventions and this Protocol are equally binding upon
all Parties to the conflict.
Article 97 - Amendment
1. Any High Contracting Party may propose amendments to this
Protocol. The text of any proposed amendment shall be communicated
to the depositary, which shall decide, after consultation with all
the High Contracting Parties and the International Committee of the
Red Cross, whether a conference should be convened to consider the
proposed amendment.
2. The depositary shall invite to that conference all the High
Contracting Parties as well as the Parties to the Conventions,
whether or not they are signatories of this Protocol.
Article 98 - Revision of Annex I
1. Not later than four years after the entry into force of this
Protocol and thereafter at intervals of not less than four years,
the International Committee of the Red Cross shall consult the High
Contracting Parties concerning Annex I to this Protocol and, if it
considers it necessary, may propose a meeting of technical experts
to review Annex I and to propose such amendments to it as may appear
to be desirable. Unless, within six months of the communication of a
proposal for such a meeting to the High Contracting Parties, one
third of them object, the International Committee of the Red Cross
shall convene the meeting, inviting also observers of appropriate

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international organizations. Such a meeting shall also be convened
by the International Committee of the Red Cross at any time at the
request of one third of the High Contracting Parties.
2. The depositary shall convene a conference of the High
Contracting Parties and the Parties to the Conventions to consider
amendments proposed by the meeting of technical experts if, after
that meeting, the International Committee of the Red Cross or one
third of the High Contracting Parties so request.
3. Amendments to Annex I may be adopted at such a conference by a
two-thirds majority of the High Contracting Parties present and
voting.
4. The depositary shall communicate any amendment so adopted to
the High Contracting Parties and to the Parties to the Conventions.
The amendment shall be considered to have been accepted at the end
of a period of one year after it has been so communicated, unless
within that period a declaration of non-acceptance of the amendment
has been communicated to the depositary by not less than one third
of the High Contracting Parties.
5. An amendment considered to have been accepted in accordance
with paragraph 4 shall enter into force three months after its
acceptance for all High Contracting Parties other than those which
have made a declaration of non-acceptance in accordance with that
paragraph. Any Party making such a declaration may at any time
withdraw it and the amendment shall then enter into force for that
Party three months thereafter.
6. The depositary shall notify the High Contracting Parties and
the Parties to the Conventions of the entry into force of any
amendment, of the Parties bound thereby, of the date of its entry
into force in relation to each Party, of declarations of
non-acceptance
made in accordance with paragraph 4, and of withdrawals
of such declarations.
Article 99 - Denunciation
1. In case a High Contracting Party should denounce this Protocol,
the denunciation shall only take effect one year after receipt of
the instrument of denunciation. If, however, on the expiry of that
year the denouncing Party is engaged in one of the situations
referred to in Article 1, the denunciation shall not take effect
before the end of the armed conflict or occupation and not, in any
case, before operations connected with the final release,
repatriation or re-establishment of the persons protected by the
Conventions or this Protocol have been terminated.
2. The denunciation shall be notified in writing to the
depositary, which shall transmit it to all the High Contracting
Parties.
3. The denunciation shall have effect only in respect of the
denouncing Party.
4. Any denunciation under paragraph 1 shall not affect the
obligations already incurred, by reason of the armed conflict, under
this Protocol by such denouncing Party in respect of any act
committed before this denunciation becomes effective.
Article 100 - Notifications
The depositary shall inform the High Contracting Parties as well
as the Parties to the Conventions, whether or not they are
signatories of this Protocol, of:
(a) signatures affixed to this Protocol and the deposit of
instruments of ratification and accession under Articles 93 and 94;
(b) the date of entry into force of this Protocol under Article
95;
(c) communications and declarations received under Articles 84,
90 and 97;
(d) declarations received under Article 96, paragraph 3, which
shall be communicated by the quickest methods; and
(e) denunciations under Article 99.
Article 101 - Registration
1. After its entry into force, this Protocol shall be transmitted
by the depositary to the Secretariat of the United Nations for
registration and publication, in accordance with Article 102 of the
Charter of the United Nations.
2. The depositary shall also inform the Secretariat of the United
Nations of all ratifications, accessions and denunciations received
by it with respect to this Protocol.
Article 102 - Authentic texts
The original of this Protocol, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the depositary, which shall transmit
certified true copies thereof to all the Parties to the Conventions.

ANNEX I
REGULATIONS CONCERNING IDENTIFICATION
Chapter I

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IDENTITY CARDS
Article 1 - Identity card for permanent civilian medical and
religious personnel
1. The identity card for permanent civilian medical and religious
personnel referred to in Article 18, paragraph 3, of the Protocol
should:
(a) bear the distinctive emblem and be of such size that it can
be carried in the pocket;
(b) be as durable as practicable;
(c) be worded in the national or official language (and may in
addition be worded in other languages);
(d) mention the name, the date of birth (or, if that date is not
available, the age at the time of issue) and the identity number, if
any, of the holder;
(e) state in what capacity the holder is entitled to the
protection of the Conventions and of the Protocol;
(f) bear the photograph of the holder as well as his signature or
his thumbprint, or both;
(g) bear the stamp and signature of the competent authority;
(h) state the date of issue and date of expiry of the card.
2. The identity card shall be uniform throughout the territory of
each High Contracting Party and, as far as possible, of the same
type for all parties to the conflict. The Parties to the conflict
may be guided by the single-languange model shown in Figure 1. At
the outbreak of hostilities, they shall transmit to each other a
specimen of the model they are using, if such model differs from
that shown in Figure 1. The identity card shall be made out, if
possible, in duplicate, one copy being kept by the issuing
authority, which should maintain control of the cards which it has
issued.
3. In no circumstances may permanent civilian medical and
religious personnel be deprived of their identity cards. In the
event of the loss of a card, they shall be entitled to obtain a
duplicate copy.
Article 2 - Identity card for temporary civilian medical and
religious personnel
1. The identity card for temporary civilian medical and religious
personnel should, whenever possible, be similar to that provided for
in Article 1 of these Regulations. The Parties to the conflict may
be guided by the model shown in Figure 1.
2. When circumstances preclude the provision to temporary civilian
medical and religious personnel of identity cards similar to those
described in Article 1 of these Regulations, the said personnel may
be provided with a certificate signed by the competent authority
certifying that the person to whom it is issued is assigned to duty
as temporary personnel and stating, if possible, the duration of
such assignment and his right to wear the distinctive emblem. The
certificate should mention the holder's name and date of birth (or
if that date is not available, his age at the time when the
certificate was issued), his function and identity number, if any.
It shall bear his signature or his thumbprint, or both.
(FIGURE 1 - Model of identity card OMITTED)
Chapter II
THE DISTINCTIVE EMBLEM
Article 3 - Shape and nature
1. The distinctive emblem (red on a white ground) shall be as
large as appropriate under the circumstances. For the shapes of the
cross, the crescent or the lion and sun, the High Contracting
Parties may be guided by the models shown in Figure 2.
2. At night or when visibility is reduced, the distinctive emblem
may be lighted or illuminated; it may also be made of materials
rendering it recognizable by technical means of detection.

(Fig. 2: Distinctive emblems in red on a white ground OMITTED)
Article 4 - Use
1. The distinctive emblem shall, whenever possible, be displayed
on a flat surface or on flags visible from as many directions and
from as far away as possible.
2. Subject to the instructions of the competent authority,
medical and religious personnel carrying out their duties in the
battle area shall, as far as possible, wear headgear and clothing
bearing the distinctive emblem.
Chapter III
DISTINCTIVE SIGNALS
Article 5 - Optional Use
1. Subject to the provisions of Article 6 of these Regulations,
the signals specified in this Chapter for exclusive use by medical
units and transports shall not be used for any other purpose. The
use of all signals referred to in this Chapter is optional.
2. Temporary medical aircraft which cannot, either for lack of
time or because of their characteristics, be marked with the

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distinctive emblem, may use the distinctive signals authorized in
this Chapter. The best method of effective identification and
recognition of medical aircraft is, however, the use of a visual
signal, either the distinctive emblem or the light signal specified
in Article 6, or both, supplemented by the other signals referred to
in Articles 7 and 8 of these Regulations.
Article 6 - Light signal
1. The light signal, consisting of a flashing blue light, is
established for the use of medical aircraft to signal their
identity. No other aircraft shall use this signal. The recommended
blue colour is obtained by using, as trichromatic co-ordinates:
green boundary y =
0.065 + 0.805x
white boundary y =
0.400 - x
purple boundary x =
0.133 + 0.600y
The recommended flashing rate of the blue light is between sixty and
one hundred flashes per minute.
2. Medical aircraft should be equipped with such lights as may be
necessary to make the light signal visible in as many directions as
possible.
3. In the absence of a special agreement between the Parties to
the conflict reserving the use of flashing blue lights for the
identification of medical vehicles and ships and craft, the use of
such signals for other vehicles or ships is not prohibited.
Article 7 - Radio signal
1. The radio signal shall consist of a radiotelephonic or
radiotelegraphic message preceded by a distinctive priority signal
to be designated and approved by a World Administrative Radio
Conference of the International Telecommunication Union. It shall be
transmitted three times before the call sign of the medical
transport involved. This message shall be transmitted in English at
appropriate intervals on a frequency or frequencies specified
pursuant to paragraph 3. The use of the priority signal shall be
restricted exclusively to medical units and transports.
2. The radio message preceded by the distinctive priority signal
mentioned in paragraph 1 shall convey the following data:
(a) call sign of the medical transport;
(b) position of the medical transport;
(c) number and type of medical transports;
(d) intended route;
(e) estimated time en route and of departure and arrival, as
appropriate;
(f) any other information such as flight altitude, radio
frequencies guarded, languages and secondary surveillance radar
modes and codes.
3. In order to facilitate the communications referred to in
paragraphs 1 and 2, as well as the communications referred to in
Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol, the
High Contracting Parties, the Parties to a conflict, or one of the
Parties to a conflict, acting in agreement or alone, may designate,
in accordance with the Table of Frequency Allocations in the Radio
Regulations annexed to the International Telecommunication
Convention, and publish selected national frequencies to be used by
them for such communications. These frequencies shall be notified to
the International Telecommunication Union in accordance with
procedures to be approved by a World Administrative Radio
Conference.

Article 8 - Electronic identification
1. The Secondary Surveillance Radar (SSR) system, as specified in
Annex 10 to the Chicago Convention on International Civil Aviation
of 7 December 1944, as amended from time to time, may be used to
identify and to follow the course of medical aircraft. The SSR mode
and code to be reserved for the exclusive use of medical aircraft
shall be established by the High Contracting Parties, the Parties to
a conflict, or one of the Parties to a conflict, acting in agreement
or alone, in accordance with procedures to be recommended by the
International Civil Aviation Organization.
2. Parties to a conflict may, by special agreement between them,
establish for their use a similar electronic system for the
identification of medical vehicles, and medical ships and craft.
Chapter IV
COMMUNICATIONS
Article 9 - Radiocommunications
The priority signal provided for in Article 7 of these Regulations
may precede appropriate radiocommunications by medical units and
transports in the application of the procedures carried out under
Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol.

Article 10 - Use of international codes

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Medical units and transports may also use the codes and signals
laid down by the International Telecommunication Union, the
International Civil Aviation Organization and the Inter-Governmental
Maritime Consultative Organization. These codes and signals shall be
used in accordance with the standards, practices and procedures
established by these Organizations.

Article 11 - Other means of communication
When two-way radiocommunication is not possible, the signals
provided for in the International Code of Signals adopted by the
Inter-Governmental Maritime Consultative Organization or in the
appropriate Annex to the Chicago Convention on International Civil
Aviation of 7 December 1944, as amended from time to time, may be
used.

Article 12 - Flight plans
The agreements and notifications relating to flight plans provided
for in Article 29 of the Protocol shall as far as possible be
formulated in accordance with procedures laid down by the
International Civil Aviation Organization.

Article 13 - Signals and procedures for the interception of medical
aircraft
If an intercepting aircraft is used to verify the identity of a
medical aircraft in flight or to require it to land in accordance
with Articles 30 and 31 of the Protocol, the standard visual and
radio interception procedures prescribed by Annex 2 to the Chicago
Convention on International Civil Aviation of 7 December 1944, as
amended from time to time, should be used by the intercepting and
the medical aircraft.
Chapter V
CIVIL DEFENCE
Article 14 - Identity card
1. The identity card of the civil defence personnel provided for
in Article 66, paragraph 3, of the Protocol is governed by the
relevant provisions of Article 1 of these Regulations.
2. The identity card for civil defence personnel may follow the
model shown in Figure 3.
3. If civil defence personnel are permitted to carry light
individual weapons, an entry to that effect should be made on the
card mentioned.
(FIGURE 3 - Model of identity card OMITTED)
Article 15 - International distinctive sign
1. The international distinctive sign of civil defence provided
for in Article 66, paragraph 4, of the Protocol is an equilateral
blue triangle on an orange ground. A model is shown in Figure 4:
(FIGURE 4 - OMITTED)
2. It is recommended that:
(a) if the blue triangle is on a flag or armlet or tabard, the
ground to the triangle be the orange flag, armlet or tabard;
(b) one of the angles of the triangle be pointed vertically
upwards;
(c) no angle of the triangle touch the edge of the orange ground.
3. The international distinctive sign shall be as large as
appropriate under the circumstances. The distinctive sign shall,
whenever possible, be displayed on flat surfaces or on flags visible
from as many directions and from as far away as possible. Subject to
the instructions of the competent authority, civil defence personnel
shall, as far as possible, wear headgear and clothing bearing the
international distinctive sign. At night or when visibility is
reduced, the sign may be lighted or illuminated; it may also be made
of materials redering it recognizable by technical means of
detection.
Chapter VI
WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES
Article 16 - International special sign
1. The international special sign for works and installations
containing dangerous forces, as provided for in Article 56,
paragraph 7, of the Protocol, shall be a group of three bright
orange circles of equal size, placed on the same axis, the distance
between each circle being one radius, in accordance with Figure 5
illustrated below.
2. The sign shall be as large as appropriate under the
circumstances. When displayed over an extended surface it may be
repeated as often as appropriate under the circumstances. It shall,
whenever possible, be displayed on flat surfaces or on flags so as
to be visible from as many directions and from as far away as
possible.
3. On a flag, the distance between the outer limits of the sign
and the adjacent sides of the flag shall be one radius of a circle.
The flag shall be rectangular and shall have a white ground.
4. At night or when visibility is reduced, the sign may be lighted
or illuminated. It may also be made of materials rendering it

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recognizable by technical means of detection.

(FIGURE 5 OMITTED)
ANNEX II
IDENTITY CARD FOR JOURNALISTS ON DANGEROUS PROFESSIONAL MISSIONS
(ANNEX II OMITTED)

GENEVA CONVENTIONS AMENDMENT ACT 1991 No. 27 of 1991 - SCHEDULE 2

SCHEDULE 2
Section 10
FORMAL AMENDMENTS OF PRINCIPAL ACT
Section 2:
Omit "six", substitute "6".
Subsection 5 (1) (definitions of "the First Convention", "the Second Convention", "the Third Convention" and "the Fourth Convention"):
Omit "the twelfth day of August, One Thousand nine hundred and
forty-nine", substitute "12 August 1949".
Subsection 5 (1) (definition of "the First Convention"):
Omit "the First Schedule to this Act", substitute "Schedule 1".
Subsection 5 (1) (definition of "the Second Convention"):
Omit "the Second Schedule to this Act", substitute "Schedule 2".
Subsection 5 (1) (definition of "the Third Convention"):
Omit "the Third Schedule to this Act", substitute "Schedule 3".
Subsection 5 (1) (definition of "the Fourth Convention"):
Omit "the Fourth Schedule to this Act", substitute "Schedule 4".
Subsection 5 (2) (definition of "the protecting power"):
After "he" (wherever occurring), insert "or she".
Heading to Part II:
After "CONVENTIONS" insert "AND PROTOCOL I".
Paragraph 7 (4) (b):
Omit "fourteen", substitute "14".
Subsection 7 (7):
Omit "twelve of this Act (other than subsection (2))", substitute "12 (other than subsection 12 (2))".

Subsection 10 (1):
Omit "the succeeding provisions of this section", substitute "this section".
Paragraphs 10 (1) (a) and (b):
Omit "seven of this Act", substitute "7".
Subsection 10 (3):
Omit "(a) and (c) of subsection (2) of section thirty-nine of the
Judiciary Act 1903-1955", substitute "39 (2) (a) and (c) of the Judiciary Act 1903".
Subsection 10 (4):
Omit "Judiciary Act 1903-1955", substitute "Judiciary Act 1903".
Paragraph 11 (1) (b):
(a) Omit "to death or", substitute "or her".
(b) Omit "two", substitute "2".
Subsection 11 (1):
(a) Omit "the next succeeding subsection", substitute "subsection (2)".
(b) Omit "three", substitute "3".
Subsection 11 (2):
Omit "the last preceding subsection", substitute "subsection (1)".
Paragraph 11 (2) (a):
Omit the paragraph, substitute the following paragraphs:
"(a) the full name, date of birth and description of the
accused, including his or her profession or trade;
(ab) where the accused is a protected prisoner of war - the
accused's rank and his or her army, regimental, personal and serial number;".
Paragraph 11 (2) (b):
Omit "his", substitute "the accused's".
Paragraph 11 (2) (c):
Omit "he", substitute "the accused".
Subsection 11 (3):
Omit "of this section".
Paragraph 12 (1) (b):
Omit "fourteen", substitute "14".
Subsection 12 (2):
(a) After "him", insert "or her".
(b) Omit "(b) of the last preceding subsection", substitute "(1) (b)".
Subsection 12 (3):
(a) Omit "of this section" (first occurring).
(b) Omit "connexion", substitute "connection".
(c) After "him", insert "or her".
(d) Omit "the last preceding subsection", substitute "subsection (2)".
(e) Omit "(b) of subsection (1) of this section", substitute "(1) (b)".
(f) Omit "that last-mentioned subsection", substitute "subsection (1)".
Subsection 12 (4):
(a) Omit "the foregoing provisions of this section", substitute
"subsections (1), (2) and (3)".
(b) Omit "the last preceding subsection", substitute "subsection (3)".
Subsection 12 (5):
Omit "of this section".
Subsection 13 (1):
(a) Omit "two", substitute "2".
(b) After "he", insert "or she".
(c) After "his", insert "or her".
Subsection 13 (2):
(a) Omit "two", substitute "2".
(b) Omit "(a) or (b) of the last preceding subsection", substitute "(1) (a) or (b)".
Subsection 13 (3):
(a) Omit "of this section".
(b) After "his", insert "or her".
(c) Omit "the last preceding subsection", substitute "subsection (2)".

Subsection 13 (5):
Omit "of this section".
Paragraph 14 (1) (a):
Omit "connexion", substitute "connection".
Subsection 14 (2):
(a) Omit "Minister" (wherever occurring), substitute "Attorney-General".
(b) Omit "connexion", substitute "connection".
(c) Omit "three", substitute "3".
(d) After "his", insert "or her".
Heading to Part IV:
Omit "EMBLEMS", substitute "EMBLEMS, SIGNS, SIGNALS, IDENTITY CARDS, INSIGNIA AND UNIFORMS".
Paragraph 15 (1) (e):
Omit "the preceding paragraphs of this subsection", substitute
"paragraph (a), (b), (c) or (d)".
Subsection 15 (3):
Omit "four of the Geneva Convention Act 1938", substitute "4 of the Geneva Convention Act 1938".
Subsection 15 (4):
Omit the subsection, substitute the following subsection:
"(4) Where a court convicts a person of an offence against
subsection (1), the court may order the forfeiture to the
Commonwealth of:
(a) any goods upon or in connection with which an emblem,
designation, design, wording or sign was used by that person; and
(b) any identity cards, insignia or uniforms used in the commission of the offence.".
Subsection 15 (5):
(a) Omit "the preceding provisions of this section", substitute
"subsections (1), (2), (3) and (4)".
(b) Omit "(b) or (c) of subsection (1) of this section",
substitute "(1) (b) or (c)".
(c) Omit "he" (wherever occurring), substitute "the person".
(d) Omit "him", substitute "the person".
Subsection 15 (6):
After "he", insert "or she".
Subsection 15 (7):
(a) Omit "or wording", substitute ", wording, sign, signal,
identity card, insignia or uniform".
(b) Omit "of this section".
Section 16:
Repeal the section, substitute the following section:
Regulations
"16. The Governor-General may make regulations, not inconsistent
with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.".
First Schedule
Omit "FIRST SCHEDULE", substitute "SCHEDULE 1".
Second Schedule
Omit "SECOND SCHEDULE", substitute "SCHEDULE 2".
Third Schedule
Omit "THIRD SCHEDULE", substitute "SCHEDULE 3".
Fourth Schedule
Omit "FOURTH SCHEDULE", substitute "SCHEDULE 4".