GENEVA CONVENTIONS ACT 1957
- Reprinted as at 20 March 1991 (HISTACT CHAP 1257 #DATE 20:03:1991)
*1*The Geneva Conventions Act 1957 as shown in this reprint comprises Act No.
103, 1957 amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Geneva Conventions Act 1957
103, 1957 18 Dec 1957 1 Sept 1959 (see Gazette
1959, p. 3001)
Statute Law Revision (Decimal Currency) Act 1966
93, 1966 29 Oct 1966 1 Dec 1966 -
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Defence Force (Miscellaneous Provisions) Act 1982
153, 1982 31 Dec 1982 3 July 1985 (see s. 2 and -
Gazette 1985, No. S255)
Director of Public Prosecutions (Consequential Amendments) Act 1983
114, 1983 14 Dec 1983 Part IX (ss. 18 and 19): -
5 Mar 1984 (see Gazette 1984,
No. S55) (a)
Geneva Conventions Amendment Act 1991
27, 1991 4 Mar 1991 (see Note 2)-
______________________________________________________________________________
__ (a) The Geneva Conventions Act 1957 was amended by Part IX (sections 18 and
19) only of the Director of Public Prosecutions (Consequential Amendments) Act
1983, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation, or shall
be deemed to have come into operation, as the case requires, on the day on
which the Director of Public Prosecutions Act 1983 comes into operation.'
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Ss. 3, 4
rep. No. 216, 1973
S. 5
am. No. 216, 1973; No. 153, 1982
S. 6
am. No. 216, 1973
S. 7
am. No. 216, 1973; No. 153, 1982; No. 114, 1983
S. 8
am. No. 216, 1973
S. 9
rep. No. 153, 1982
S. 10
am. No. 216, 1973
S. 13
am. No. 153, 1982
S. 15
am. No. 93, 1966
GENEVA CONVENTIONS ACT 1957 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
5. Interpretation
6. Application of Act
PART II-PUNISHMENT OF OFFENDERS AGAINST THE CONVENTIONS
7. Punishment of grave breaches of Conventions
8. Proof of application of Convention
10. Jurisdiction of courts
PART III-LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS
10A. (Not in operation-see Note 2)
11. Notice of trial of protected prisoners of war and internees to be
served on protecting power etc.
12. Legal representation of prisoners of war 12. protecting power etc.
13. Appeals by protected prisoners of war and internees
14. Reduction of sentence and custody of protected prisoners of war and
internees
PART IV-ABUSE OF THE RED CROSS AND OTHER EMBLEMS
15. Use of Red Cross and other emblems
PART V-REGULATIONS
16. Regulations
THE SCHEDULES
FIRST SCHEDULE
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE
WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF AUGUST 12, 1949
SECOND SCHEDULE
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED,
SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF
AUGUST 12, 1949
THIRD SCHEDULE
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF
WAR OF AUGUST 12, 1949
FOURTH SCHEDULE
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN
PERSONS IN TIME OF WAR OF AUGUST 12, 1949
SCHEDULE 5 (Not in operation-see Note 2)
GENEVA CONVENTIONS ACT 1957 - LONG TITLE
SECT
An Act to enable effect to be given to certain Conventions done at Geneva on
the twelfth day of August, One thousand nine hundred and forty-nine, and for
related purposes*2*
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - PART I
PART I-PRELIMINARY
GENEVA CONVENTIONS ACT 1957 - SECT 1
Short title
SECT
1. This Act may be cited as the Geneva Conventions Act 1957.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
GENEVA CONVENTIONS ACT 1957 - SECT 2
Commencement
SECT
2.*2* This Act shall come into operation on a date to be fixed by
Proclamation, not being earlier than six months after the deposit on behalf of
Australia of instruments of ratification of the Conventions referred to in
this Act.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 5
Interpretation
SECT
5.*2* (1) In this Act:
'the First Convention' means the Geneva Convention for the Amelioration of
the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at
Geneva on the twelfth day of August, One thousand nine hundred and forty-nine,
a copy of which Convention (not including the annexes to that Convention) is
set out in the First Schedule to this Act;
'the Second Convention' means the Geneva Convention for the Amelioration of
the Condition oof Wounded, Sick and Shipwrecked Members of Armed Forces at
Sea, adopted at Geneva on the twelfth day of August, One thousand nine hundred
and forty-nine, a copy of which Convetion (not including the annex to that
Convention) is set out in the Second Schedule to this Act;
'the Third Convention' means the Geneva Convention relative to the Treatment
of Prisoners of War, adopted at Geneva on the twelfth day of August, One
thousand nine hundred and forty-nine, a copy of which Convention (not
including the annexes to that Convention) is set out in the Third Schedule to
this Act;
'the Fourth Convention' means the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, adopted at Geneva on the
twelfth day of August, One thousand nine hundred and forty-nine, a copy of
which Convention (not including the annexes to that Convention) is set out in
the Fourth Schedule to this Act;
'the Conventions' means the First Convention, the Second Convention, the
Third Convention and the Fourth Convention.
(2) In this Act, unless the contrary intention appears:
'Australia' includes the Territories;
'court' does not include:
(a) a service tribunal within the meaning of the Defence Force Discipline
Act 1982; or
(b) a military court;
'protected internee' means a person protected by the Fourth Convention and
interned in Australia;
'protected prisoner of war' means a person protected by the Third
Convention;
'the protecting power', in relation to a protected prisoner of war or a
protected internee, means the power or organization which is carrying out, in
the interests of the power of which he is a national, or of whose forces he
is, or was at any material time, a member, the duties assigned to protecting
powers under the Third Convention or the Fourth Convention, as the case may
be.
(3) If the ratification on behalf of Australia of any of the Conventions is
subject to a reservation or is accompanied by a declaration, that Convention
shall, for the purposes of this Act, have effect and be construed subject to
and in accordance with that reservation or declaration.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 6
Application of Act
SECT
6.(1) This Act extends to every Territory.
(2) This Act has extra-territorial operation according to its tenor.
GENEVA CONVENTIONS ACT 1957 - PART II
PART II-PUNISHMENT OF OFFENDERS AGAINST THE CONVENTIONS*2*
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 7
Punishment of grave breaches of Conventions
SECT
7.*2* (1) A person who, in Australia or elsewhere, commits, or aids,
abets or procures the commission by another person of, a grave breach of any
of the Conventions is guilty of an indictable offence.
(2) For the purposes of this section:
(a) a grave breach of the First Convention is a breach of that Convention
involving an act referred to in Article 50 of that Convention committed
against persons or property protected by that Convention;
(b) a grave breach of the Second Convention is a breach of that Convention
involving an act referred to in Article 51 of that Convention committed
against persons or property protected by that Convention;
(c) a grave breach of the Third Convention is a breach of that Convention
involving an act referred to in Article 130 of that Convention committed
against persons or property protected by that Convention; and
(d) a grave breach of the Fourth Convention is a breach of that Convention
involving an act referred to in Article 147 of that Convention committed
against persons or property protected by that Convention.
(3) This section applies to persons regardless of their nationality or
citizenship.
(4) The punishment for an offence against this section is:
(a) where the offence involves the wilful killing of a person protected by
the relevant Convention-imprisonment for life or for any less term; and
(b) in any other case-imprisonment for a term not exceeding fourteen
years.
(6) An offence against this section shall not be prosecuted in a court
except by indictment in the name of the Attorney-General or of the Director of
Public Prosecutions.
(7) The provisions of section twelve of this Act (other than subsection (2))
apply in relation to the trial of a person for an offence against this section
in like manner as they apply in relation to the trial of a protected prisoner
of war.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 8
Proof of application of Convention
SECT
8.*2* If, in proceedings under this Part in respect of a grave breach of
any of the Conventions, a question arises under Article 2 of that Convention
(which relates to the circumstances in which the Convention applies), a
certificate under the hand of the Minister of State for Foreign Affairs
certifying to any matter relevant to that question is evidence of the matter
so certified.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 10
Jurisdiction of courts
SECT
10.*2* (1) Subject to the succeeding provisions of this section and
without prejudice to the original jurisdiction of the High Court:
(a) the Supreme Court of each State is invested with federal jurisdiction
in
trials of offences against section seven of this Act, other than offences
committed in another State; and
(b) jurisdiction is conferred on the Supreme Court of each Territory in
trials of offences against section seven of this Act committed in that
Territory.
(2) The trial on indictment of an offence against this Act, not being an
offence committed within Australia, may be held in any State and the trial on
indictment of such an offence committed in a Territory may be held in any
State or in that Territory.
(3) The jurisdiction with which the Supreme Court of a State is invested by
this section is subject to the conditions and restrictions specified in
paragraphs (a) and (c) of subsection (2) of section thirty-nine of the
Judiciary Act 1903-1955.
(4) Subject to this section and to the regulations, the Judiciary Act
1903-1955 applies in relation to offences against section 7.
(5) A person shall not be tried for an offence against section 7 by a court
other than the High Court or a Supreme Court referred to in this section.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - PART III
PART III-LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS
GENEVA CONVENTIONS ACT 1957 - SECT 10A
SECT
10A.*2* * * * * *
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 11
Notice of trial of protected prisoners of war and internees to be served on
protecting power etc.
SECT
11.*2* (1) The court before which:
(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which
that court has power to sentence him to death or to imprisonment for a term of
two years or more; shall not proceed with the trial until it is proved to the
satisfaction of the court that a notice containing the particulars mentioned
in the next succeeding subsection, so far as they are known to the prosecutor,
has been served not less than three weeks previously on the protecting power
(if there is a protecting power) and, if the accused is a protected prisoner
of war, on the accused and the prisoners' representative.
(2) The particulars referred to in the last preceding subsection are:
(a) the full name and description of the accused, including the date of
his
birth and his profession or trade, if any, and, if the accused is a protected
prisoner of war, his rank and his army, regimental, personal or serial
number;
(b) his place of detention, internment or residence;
(c) the offence with which he is charged; and
(d) the court before which the trial is to take place and the time and
place
appointed for the trial.
(3) For the purposes of this section, a document purporting:
(a) to be signed on behalf of the protecting power or by the prisoners'
representative or by the person accused, as the case may be; and
(b) to be an acknowledgment of the receipt by that power, representative
or
person on a specified day of a notice described in the document as a notice
under this section;
shall, unless the contrary is shown, be sufficient evidence that the notice
required by subsection (1) of this section was served on that power,
representative or person on that day.
(4) In this section, the expression 'prisoners' representative', in relation
to a particular protected prisoner of war at a particular time, means the
person by whom the functions of prisoners' representative within the meaning
of Article 79 of the Third Convention were exercisable in relation to that
prisoner at the camp or place at which that prisoner was, at or last before
that time, detained as a protected prisoner of war.
(5) A court which adjourns a trial for the purpose of enabling the
requirements of this section to be complied with may, notwithstanding anything
in any other law, remand the accuseed for the period of the adjournment.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 12
Legal representation of prisoners of war
SECT
12.*2* (1) The court before which a protected prisoner of war is brought
up fr trial for an offence shall not proceed with the trial unless:
(a) the accused is represented by counsel; and
(b) it is proved to the satisfaction of the court that a period of not
less
than fourteen days has elapsed since instructions for the representation of
the accused at the trial were first given to the solicitor by whom that
counsel was instructed;
and if the court adjourns the trial for the purpose of enabling the
requirements of this subsection to be complied with, then, notwithstanding
anything in any other law, the court may remand the accused for the period of
the adjournment.
(2) In the absence of counsel accepted by the accused as representing him,
counsel instructed for the purpose on behalf of the protecting power shall,
without prejudice to the requirements of paragraph (b) of the last preceding
subsection, be regarded for the purposes of that subsection as representing
the accused.
(3) If the court adjourns the trial in pursuance of subsection (1) of this
section by reason that the accused is not represented by counsel, the court
shall direct that a solicitor and counsel be assigned to watch over the
interests of the accused at any further proceedings in connexion with the
offence, and at any such further proceedings, in the absence of counsel either
accepted by the accused as representing him or instructed as mentioned in the
last preceding subsection, counsel assigned in pursuance of this subsection
shall, without prejudice to the requirements of paragraph (b) of subsection
(1) of this section, be regarded for the purposes of that last-mentioned
subsection as representing the accused.
(4) In relation to any proceedings before a court before which the accused
may be represented by a solicitor, the foregoing provisions of this section
shall be construed, with any necessary modifications, as if references in
those provisions to counsel were references to counsel or a solicitor;
and for the purposes of any such proceedings the court, in giving a direction
under the last preceding subsection, may, if the court is satisfied that the
nature of the charge and the interests of justice do not require that the
interests of the accused should be watched over by counsel, direct that a
solicitor only shall be assigned as mentioned in that subsection.
(5) A solicitor or counsel shall be assigned in pursuance of subsection (3)
of this section in such manner as is provided by the regulations or, in the
absence of provision in the regulations, as the court directs, and the fees
and costs of any solicitor or counsel so assigned shall be paid by the
Commonwealth.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 13
Appeals by protected prisoners of war and internees
SECT
13.*2* (1) Where a protected prisoner of war or a protected internee has
been sentenced by a court to imprisonment for a term of two years or more, any
time allowed in relation to the institution of an appeal against the
conviction or sentence shall be deemed to continue to run until the day on
which the convicted person receives a notice given:
(a) in the case of a protected prisoner of war-by an officer in the
Defence
Force; or
(b) in the case of a protected internee-by or on behalf of the governor or
other person in charge of the prison or place in which he is confined;
that the protecting power has been notified of his conviction and sentence,
and for such further time as would have been within the time allowed if the
conviction or sentence had taken place or been pronounced on that day.
(2) Where, after an appeal against the conviction or sentence by a court of
a protected prisoner of war or a protected internee has been determined, the
sentence remains or has become a sentence of imprisonment for a term of two
years or more, any time allowed in relation to a further appeal in respect of
the conviction or sentence as confirmed or varied upon the previous appeal
shall be deemed to continue to run until the day on which the convicted person
receives a notice given by a person referred to in paragraph (a) or (b) of the
last preceding subsection, as the case may require, that the protecting power
has been notified of the decision of the court upon the previous appeal, and
for such further time as would have been within the time allowed if that
decision had been pronounced on that day.
(3) Where subsection (1) of this section applies in relation to a convicted
person, then, unless the court otherwise orders, an order of the court
relating to the restitution of property or the payment of compensation to an
aggrieved person shall not take effect, and a provision of a law relating to
the revesting of property on conviction shall not take effect in relation to
the conviction, while an appeal by the convicted person against his conviction
or sentence is possible without an extension of time other than the extension
provided by the last preceding subsection.
(5) Subsections (1), (2) and (3) of this section do not apply in relation to
an appeal against a conviction or sentence, or against the decision of a court
upon a previous appeal, if, at the time of the conviction or sentence, or of
the decision of the court upon the previous appeal, as the case may be, there
is no protecting power.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 14
Reduction of sentence and custody of protected prisoners of war and internees
SECT
14.*2* (1) When a protected prisoner of war or a protected internee is
convicted of an offence, the court shall:
(a) in fixing a term of imprisonment in respect of the offence, deduct
from
the term which it would otherwise have fixed any period during which the
convicted person has been in custody in connexion with that offence before the
trial; and
(b) in fixing any penalty other than imprisonment in respect of the
offence,
take that period of custody into account.
(2) Where the Minister is satisfied that a protected prisoner of war accused
of an offence has been in custody in connexion with that offence, while
awaiting trial, in a place other than a camp or place in which protected
prisoners of war are detained, for an aggregate period of not less than three
months, the Minister may direct that the prisoner shall be transferred from
that custody to the custody of an officer of the Defence Force and thereafter
remain in military custody at a camp or place in which protected prisoners of
war are detained, and be brought before the court at the time appointed for
his trial.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - PART IV
PART IV-ABUSE OF THE RED CROSS AND OTHER EMBLEMS*2*
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SECT 15
Use of Red Cross and other emblems
SECT
15.*2* (1) Subject to this section, a person shall not, without the
consent in writing of the Minister or of a person authorized in writing by the
Minister to give consents under this section, use for any purpose whatsoever
any of the following:
(a) the emblem of a red cross with vertical and horizontal arms of the
same
length on, and completely surrounded by, a white ground, or the designation
'Red Cross' or 'Geneva Cross';
(b) the emblem of a red crescent moon on, and completely surrounded by, a
white ground, or the designation ' Red Crescent';
(c) the following emblem in red on, and completely surrounded by, a white
ground, that is to say, a lion passing from right to left of, and with its
face turned towards, the observer, holding erect in its raised right forepaw a
scimitar, with, appearing above the lion's back, the upper half of the sun
shooting forth rays, or the designation 'Red Lion and Sun';
(d) the emblem of a white or silver cross with vertical and horizontal
arms
of the same length on, and completely surrounded by, a red ground, being the
heraldic emblem of the Swiss Confederation;
(e) a design or wording so nearly resembling any of the emblems or
designations specified in the preceding paragraphs of this subsection as to be
capable of being mistaken for, or, as the case may be, understood as referring
to, one of those emblems.
Penalty: One hundred dollars.
(2) The Minister or a person authorized by the Minister to give consents
under this section shall not refuse to give such a consent, and shall not
withdraw such a consent, except for the purpose of giving effect to the
provisions of the Conventions.
(3) An authority given under section four of the Geneva Convention Act 1938
and in force immediately before the commencement of this section shall be
deemed to be a consent to the like effect given by the Minister under this
section.
(4) Where a person is convicted of an offence against subsection (1) of this
section, the court may, in addition to any fine, order the forfeiture to the
Commonwealth of any goods upon or in connexion with which the emblem,
designation, design or wordding was used by that person.
(5) In the case of a trade mark registered before the day on which this Act
received the Royal Assent, the preceding provisions of this section do not
apply by reason only of its conssting of or containing an emblem or
designation specified in paragraph (b) or (c) of subsection (1) of this
section or a design or wording resembling such an emblem or designation; and
where a person is charged with using such an emblem, designation, design or
wording for any purpose and it is proved that he used it otherwise than as, or
as part of, a trade mark so registered, it is a defence for him to prove:
(a) that he lawfully used that emblem, designation, design or wording for
that purpose before the day on which this Act received the Royal Assent; or
(b) in a case where he is charged with using the emblem, designation,
design
or wording upon goods, that the emblem, designation, design or wording had
been applied to the goods before he acquired them by some other person who had
manufactured or dealt with the goods in the course of trade and who lawfully
used the emblem, designation, design or wording upon similar goods before the
day on which this Act received the Royal Assent.
(6) Where an offence against this section committed by a body corporate is
proved to have been committed with the consent or connivance of a director,
manager, secretary or other officer of the body corporate, or a person
purporting to act in any such capacity, he, as well as the body corporate,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
(7) This section extends to the use in or outside Australia of an emblem,
designation, design or wording referred to in subsection (1) of this section
on any ship or aircraft registered in Australia.
(8) Proceedings under this section shall not be instituted without the
consent in writing of the Attorney-General.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - PART V
PART V-REGULATIONS
GENEVA CONVENTIONS ACT 1957 - SECT 16
Regulations
SECT
16.*2* The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed or which are necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SCHEDULE 1
SCH
THE SCHEDULES
FIRST SCHEDULE*2* Section 5
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE
WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF AUGUST 12, 1949
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the
purpose of revising the Geneva Convention for the Relief of the Wounded and
Sick in Armies in the Field of July 27, 1929, have agreed as follows:
CHAPTER I-GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for
the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of the territory of a High Contracting Party, even if the said occupation
meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in
their mutual relations. They shall furthermore be bound by the Convention in
relation to the said Power, if the latter accepts and applies the provisions
thereof.
Article 3
In the case of armed conflict not of an international character occurring
in
the territory of one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances
be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any
time
and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and
degrading
treatment;
(d) the passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court, affording all
the
judicial guarantees which are recognized as indispensable by civilized
peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force,
by
means of special agreements, all or part of the other provisions of the
present
Convention.
The application of the preceding provisions shall not affect the legal
status
of the Parties to the conflict.
Article 4
Neutral Powers shall apply by analogy the provisions of the present
Convention to the wounded and sick, and to members of the medical personnel
and to
chaplains of the armed forces of the Parties to the conflict, received or
interned in their territory, as well as to dead persons found.
Article 5
For the protected persons who have fallen into the hands of the enemy, the
present Convention shall apply until their final repatriation.
Article 6
In addition to the agreements expressly provided for in Articles 10, 15,
23,
28, 31, 36, 37 and 52, the High Contracting Parties may conclude other
special
agreements for all matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect the situation
of the wounded and sick, of members of the medical personnel or of chaplains,
as defined by the present Convention, nor restrict the rights which it
confers
upon them.
Wounded and sick, as well as medical personnel and chaplains,shall continue
to have the benefit of such agreements as long as the Convention is applicable
to
them, except where express provisions to the contrary are contained in the
aforesaid or in subsequent agreements, or where more favourable measures have
been taken with regard to them by one or other of the Parties to the
conflict.
Article 7
Wounded and sick, as well as members of the medical personnel and
chaplains,
may in no circumstances renounce in part or in entirety the rights secured to
them by the present Convention, and by the special agreements referred to in
the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from
amongst
their own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which they are
to
carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent
possible,
the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by
imperative
military necessities.
Article 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of
the Parties to the conflict concerned, undertake for the protection of
wounded
and sick, medical personnel and chaplains, and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present
Convention.
When wounded and sick, or medical personnel and chaplains do not benefit or
cease to benefit, no matter for what reason, by the activities of a
Protecting
Power or of an organization provided for in the first paragraph above, the
Detaining Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a
Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly,the Detaining Power shall
request or shall accept, subject to the provisions of this Article, the offer
of the
services of a humanitarian organization, such as the International Committee
of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected
by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions
and
to discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreement between Powers one of which is restricted, even temporarily, in its
freedom to
negotiate with the other Power or its allies by reason of military events,
more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power,
such mention also applies to substitute organizations in the sense of the
present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as
to
the application or interpretation of the provisions of the present
Convention,
the Protecting Powers shall lend their good offices with a view to settling
the
disagreement.
For this purpose, each of the Protecting Powers may, either at the
invitation
of one Party or on its own initiative, propose to the Parties to the conflict
a
meeting of their representatives, in particular of the authorities
responsible
for the wounded and sick, members of medical personnel and chaplains,
possibly
on neutral territory suitably chosen. The Parties to the conflict shall be
bound to give effect to the proposals made to them for this purpose. The
Protecting Powers may, if necessary, propose for approval by the Parties to
the
conflict, a person belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who shall be invited to take part
in
such a meeting.
CHAPTER II-WOUNDED AND SICK
Article 12
Members of the armed forces and other persons mentioned in the following
Article, who are wounded or sick, shall be respected and protected in all
circumstances.
They shall be treated humanely and cared for by the Party to the conflict
in
whose power they may be, without any adverse distinction founded on sex,
race,
nationality, religion, political opinions, or any other similar criteria. Any
attempts upon their lives, or violence to their persons, shall be strictly
prohibited; in particular, they shall not be murdered or exterminated,
subjected to torture or to biological experiments; they shall not wilfully be
left without medical assistance and care, nor shall conditions exposing them
to
contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of
treatment
to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick to
the enemy shall, as far as military considerations permit, leave with them a
part
of its medical personnel and material to assist in their care.
Article 13
The present Convention shall apply to the wounded and sick belonging to the
following categories:
(1) Members of the armed forces of a Party to the conflict,
as well as members
of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps,
including those of organized resistance movements, belonging to a Party to the
conflict
and operating in or outside their own territory, even if this territory is
occupied, provided that such militias or volunteer corps, including such
organized resistance movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for his
subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and
customs of war.
(3) Members of regular armed forces who profess allegiance to a Government
or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members
thereof, such as civil members of military aircraft crews, war
correspondents,
supply contractors, members of labour units or of services responsible for
the
welfare of the armed forces, provided that they have received authorization
from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to the
conflict, who do
not benefit by more favourable treatment under any other provisions in
international law.
(6) Inhabitants of a non-occupied territory who, on the approach of the
enemy, spontaneously take up arms to resist the invading forces, without
having had
time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war.
Article 14
Subject to the provisions of Article 12, the wounded and sick of a
belligerent who fall into enemy hands shall be prisoners of war, and the
provisions of
international law concerning prisoners of war shall apply to them.
Article 15
At all times, and particularly after an engagement, Parties to the conflict
shall, without delay, take all possible measures to search for and collect
the
wounded and sick, to protect them against pillage and ill-treatment, to
ensure
their adequate care, and to search for the dead and prevent their being
despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall
be
arranged, or local arrangements made, to permit the removal, exchange and
transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the
conflict
for the removal or exchange of wounded and sick from a besieged or encircled
area, and for the passage of medical and religious personnel and equipment on
their way to that area.
Article 16
Parties to the conflict shall record as soon as possible, in respect of each
wounded, sick or dead person of the adverse Party falling into their hands,
any
particulars which may assist in his identification.
These records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the
Information Bureau described in Article 122 of the Geneva Convention relative
to the Treatment of Prisoners of War of August 12, 1949, which shall transmit
this information to the Power on which these persons depend through the
intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the
same bureau, certificates of death or duly authenticated lists of the dead.
They shall likewise collect and forward through the same bureau one half of a
double identity disc, last wills or other documents of importance to the next
of kin, money and in general all articles of an intrinsic or sentimental
value,
which are found on the dead. These articles, together with unidentified
articles, shall be sent in sealed packets, accompanied by statements giving
all
particulars necessary for the identification of the deceased owners, as well
as
by a complete list of the contents of the parcel.
Article 17
Parties to the conflict shall ensure that burial or cremation of the dead,
carried out individually as far as circumstances permit, is preceded by a
careful examination, if possible by a medical examination, of the bodies,
with
a view to confirming death, establishing identity and enabling a report to be
made. One half of the double identity disc, or the identity disc itself if it
is a single disc, should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for
motives based on the religion of the deceased. In case of cremation, the
circumstances and reasons for cremation shall be stated in detail in the
death
certificate or on the authenticated list of the dead.
They shall further ensure that the dead are honourably interred, if possible
according to the rites of the religion to which they belonged, that their
graves are respected, grouped if possible according to the nationality of the
deceased, properly maintained and marked so that they may always be found.
For
this purpose, they shall organize at the commencement of hostilities an
Official Graves Registration Service, to allow subsequent exhumations and to
ensure the identification of bodies, whatever the site of the graves, and the
possible transportation to the home country. These provisions shall likewise
apply to the ashes, which shall be kept by the Graves Registration Service
until proper disposal thereof in accordance with the wishes of the home
country.
As soon as circumstances permit, and at latest at the end of hostilities,
these
Services shall exchange, through the Information Bureau mentioned in the
second
paragraph of Article 16, lists showing the exact location and markings of the
graves, together with particulars of the dead interred therein.
Article 18
The military authorities may appeal to the charity of the inhabitants
voluntarily to collect and care for, under their direction, the wounded and
sick, granting persons who have responded to this appeal the necessary
protection and facilities. Should the adverse Party take or retake control of
the area, he shall likewise grant these persons the same protection and the
same facilities.
The military authorities shall permit the inhabitants and relief societies,
even in invaded or occupied areas, spontaneously to collect and care for
wounded or sick of whatever nationality. The civilian population shall
respect
these wounded and sick, and in particular abstain from offering them
violence.
No one may ever be molested or convicted for having nursed the wounded or
sick.
The provisions of the present Article do not relieve the occupying Power of
its
obligation to give both physical and moral care to the wounded and sick.
CHAPTER III-MEDICAL UNITS AND ESTABLISHMENTS
Article 19
Fixed establishments and mobile medical units of the Medical Service may in
no
circumstances be attacked, but shall at all times be respected and protected
by
the Parties to the conflict. Should they fall into the hands of the adverse
Party, their personnel shall be free to pursue their duties, as long as the
capturing Power has not itself ensured the necessary care of the wounded and
sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments
and units are, as far as possible, situated in such a manner that attacks
against military objectives cannot imperil their safety.
Article 20
Hospital ships entitled to the protection of the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed
Forces at Sea of August 12, 1949, shall not be attacked from the land.
Article 21
The protection to which fixed establishments and mobile medical units of the
Medical Service are entitled shall not cease unless they are used to commit,
outside their humanitarian duties, acts harmful to the enemy. Protection may,
however, cease only after a due warning has been given, naming, in all
appropriate cases, a reasonable time limit, and after such warning has
remained
unheeded.
Article 22
The following conditions shall not be considered as depriving a medical unit
or
establishment of the protection guaranteed by Article 19:
(1) That the personnel of the unit or establishment are armed, and that
they
use the arms in their own defence, or in that of the wounded and sick in
their
charge.
(2) That in the absence of armed orderlies, the unit or establishment is
protected by a picket or by sentries or by an escort.
(3) That small arms and ammunition taken from the wounded and sick and not
yet handed to the proper service, are found in the unit or establishment.
(4) That personnel and material of the veterinary service are found in the
unit
or establishment, without forming an integral part thereof.
(5) That the humanitarian activities of medical units and establishments
or
of their personnel extend to the care of civilian wounded or sick.
Article 23
In time of peace, the High Contracting Parties and, after the outbreak of
hostilities, the Parties thereto, may establish in their own territory and,
if
the need arises, in occupied areas, hospital zones and localities so
organized
as to protect the wounded and sick from the effects of war, as well as the
personnel entrusted with the organization and administration of these zones
and
localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned
may conclude agreements on mutual recognition of the hospital zones and
localities they have created. They may for this purpose implement the
provisions of the Draft Agreement annexed to the present Convention, with
such
amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are
invited to lend their good offices in order to facilitate the institution and
recognition of these hospital zones and localities. CHAPTER IV-PERSONNEL
Article 24
Medical personnel exclusively engaged in the search for, or the collection,
transport or treatment of the wounded or sick, or in the prevention of
disease,
staff exclusively engaged in the administration of medical units and
establishments, as well as chaplains attached to the armed forces, shall be
respected and protected in all circumstances.
Article 25
Members of the armed forces specially trained for employment, should the need
arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the
search for or the collection, transport or treatment of the wounded and sick
shall likewise be respected and protected if they are carrying out these
duties
at the time when they come into contact with the enemy or fall into his
hands.
Article 26
The staff of National Red Cross Societies and that of other Voluntary Aid
Societies, duly recognized and authorized by their Governments, who may be
employed on the same duties as the personnel named in Article 24, are placed
on
the same footing as the personnel named in the said Article, provided that
the
staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of
peace,
or at the commencement of or during hostilities, but in any case before
actually employing them, the names of the societies which it has authorized,
under its responsibility, to render assistance to the regular medical service
of its armed forces.
Article 27
A recognized Society of a neutral country can only lend the assistance of its
medical personnel and units to a Party to the conflict with the previous
consent of its own Government and the authorization of the Party to the
conflict concerned. That personnel and those units shall be placed under the
control of that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the
State
which accepts such assistance. The Party to the conflict who accepts such
assistance is bound to notify the adverse Party thereof before making any use
of it.
In no circumstances shall this assistance be considered as interference in
the
conflict.
The members of the personnel named in the first paragraph shall be duly
furnished with the identity cards provided for in Article 40 before leaving
the
neutral country to which they belong.
Article 28
Personnel designated in Articles 24 and 26 who fall into the hands of the
adverse Party, shall be retained only in so far as the state of health, the
spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless
they
shall at least benefit by all the provisions of the Geneva Convention
relative
to the Treatment of Prisoners of War of August 12, 1949. Within the framework
of the military laws and regulations of the Detaining Power, and under the
authority of its competent service, they shall continue to carry out, in
accordance with their professional ethics, their medical and spiritual duties
on behalf of prisoners of war, preferably those of the armed forces to which
they themselves belong. They shall further enjoy the following facilities for
carrying out their medical or spiritual duties:
(a) They shall be authorized to visit periodically the prisoners of war
in
labour units or hospitals outside the camp. The Detaining Power shall put at
their disposal the means of transport required.
(b) In each camp the senior medical officer of the highest rank shall be
responsible to the military authorities of the camp for the professional
activity of the retained medical personnel. For this purpose, from the
outbreak
of hostilities, the Parties to the conflict shall agree regarding the
corresponding seniority of the ranks of their medical personnel, including
those of the societies designated in Article 26. In all questions arising out
of their duties, this medical officer, and the chaplains, shall have direct
access to the military and medical authorities of the camp who shall grant
them
the facilities they may require for correspondence relating to these
questions.
(c) Although retained personnel in a camp shall be subject to its
internal
discipline, they shall not, however, be required to perform any work outside
their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements for
relieving where possible retained personnel, and shall settle the procedure
of
such relief.
None of the preceding provisions shall relieve the Detaining Power of the
obligations imposed upon it with regard to the medical and spiritual welfare
of
the prisoners of war.
Article 29
Members of the personnel designated in Article 25 who have fallen into the
hands of the enemy, shall be prisoners of war, but shall be employed on their
medical duties in so far as the need arises.
Article 30
Personnel whose retention is not indispensable by virtue of the provisions of
Article 28 shall be returned to the Party to the conflict to whom they
belong,
as soon as a road is open for their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war. Nevertheless
they shall at least benefit by all the provisions of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949. They shall
continue to fulfil their duties under the orders of the adverse Party and
shall
preferably be engaged in the care of the wounded and sick of the Party to the
conflict to which they themselves belong.
On their departure, they shall take with them the effects, personal
belongings,
valuables and instruments belonging to them.
Article 31
The selection of personnel for return under Article 30 shall be made
irrespective of any consideration of race, religion or political opinion, but
preferably according to the chronological order of their capture and their
state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by
special agreement the percentage of personnel to be retained, in proportion
to
the number of prisoners and the distribution of the said personnel in the
camps.
Article 32
Persons designated in Article 27 who have fallen into the hands of the
adverse
Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their
country,
or if this is not possible, to the territory of the Party to the conflict in
whose service they were, as soon as a route for their return is open and
military considerations permit.
Pending their release, they shall continue their work under the direction of
the adverse Party; they shall preferably be engaged in the care of the
wounded
and sick of the Party to the conflict in whose service they were.
On their departure, they shall take with them their effects, personal
articles
and valuables and the instruments, arms and if possible the means of
transport
belonging to them.
The Parties to the conflict shall secure to this personnel, while in their
power, the same food, lodging, allowances and pay as are granted to the
corresponding personnel of their armed forces. The food shall in any case be
sufficient as regards quantity, quality and variety to keep the said
personnel
in a normal state of health.
CHAPTER V-BUILDINGS AND MATERIAL
Article 33
The material of mobile medical units of the armed forces which fall into the
hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establishments of the
armed
forces shall remain subject to the laws of war, but may not be diverted from
their purpose as long as they are required for the care of wounded and sick.
Nevertheless, the commanders of forces in the field may make use of them, in
case of urgent military necessity, provided that they make previous
arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be
intentionally destroyed.
Article 34
The real and personal property of aid societies which are admitted to the
privileges of the Convention shall be regarded as private property.
The right of requisition recognized for belligerents by the laws and customs
of
war shall not be exercised except in case of urgent necessity, and only after
the welfare of the wounded and sick has been ensured.
CHAPTER VI-MEDICAL TRANSPORTS
Article 35
Transports of wounded and sick or of medical equipment shall be respected and
protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party,
they shall be subject to the laws of war, on condition that the Party to the
conflict who captures them shall in all cases ensure the care of the wounded
and sick they contain.
The civilian personnel and all means of transport obtained by requisition
shall
be subject to the general rules of international law.
Article 36
Medical aircraft, that is to say, aircraft exclusively employed for the
removal
of wounded and sick and for the transport of medical personnel and equipment,
shall not be attacked, but shall be respected by the belligerents, while
flying
at heights, times and on routes specifically agreed upon between the
belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article
38, together with their national colours, on their lower, upper and lateral
surfaces. They shall be provided with any other markings or means of
identification that may be agreed upon between the belligerents upon the
outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are
prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing
thus imposed, the aircraft with its occupants may continue its flight after
examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied territory,
the wounded and sick, as well as the crew of the aircraft shall be prisoners
of
war. The medical personnel shall be treated according to Article 24 and the
Articles following.
Article 37
Subject to the provisions of the second paragraph, medical aircraft of
Parties
to the conflict may fly over the territory of neutral Powers, land on it in
case of necessity, or use it as a port of call. They shall give the neutral
Powers previous notice of their passage over the said territory and obey all
summons to alight, on land or water. They will be immune from attack only
when
flying on routes, at heights and at times specifically agreed upon between
the
Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the
passage or landing of medical aircraft on their territory. Such possible
conditions or restrictions shall be applied equally to all Parties to the
conflict.
Unless agreed otherwise between the neutral Power and the Parties to the
conflict, the wounded and sick who are disembarked, with the consent of the
local authorities, on neutral territory by medical aircraft, shall be
detained
by the neutral Power, where so required by international law, in such a
manner
that they cannot again take part in operations of war. The cost of their
accommodation and internment shall be borne by the Power on which they
depend.
CHAPTER VII-THE DISTINCTIVE EMBLEM
Article 38
As a compliment to Switzerland, the heraldic emblem of the red cross on a
white
ground, formed by reversing the Federal colours, is retained as the emblem
and
distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as emblem, in place
of
the red cross, the red crescent or the red lion and sun on a white ground,
those emblems are also recognized by the terms of the present Convention.
Article 39
Under the direction of the competent military authority, the emblem shall be
displayed on the flags, armlets and on all equipment employed in the Medical
Service.
Article 40
The personnel designated in Article 24 and in Articles 26 and 27 shall wear,
affixed to the left arm, a water-resistant armlet bearing the distinctive
emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article
16, shall also carry a special identity card bearing the distinctive emblem.
This card shall be water-resistant and of such size that it can be carried in
the pocket. It shall be worded in the national language, shall mention at
least
the surname and first names, the date of birth, the rank and the service
number
of the bearer, and shall state in what capacity he is entitled to the
protection of the present Convention. The card shall bear the photograph of
the
owner and also either his signature or his finger-prints or both. It shall be
embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as
far
as possible, of a similar type in the armed forces of the High Contracting
Parties. The Parties to the conflict may be guided by the model which is
annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity
cards should be made out, if possible, at least in duplicate, one copy being
kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss, they
shall
be entitled to receive duplicates of the cards and to have the insignia
replaced.
Article 41
The personnel designated in Article 25 shall wear, but only while carrying
out
medical duties, a white armlet bearing in its centre the distinctive sign in
miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of personnel shall
specify what special training they have received, the temporary character of
the duties they are engaged upon, and their authority for wearing the armlet.
Article 42
The distinctive flag of the Convention shall be hoisted only over such
medical
units and establishments as are entitled to be respected under the
Convention,
and only with the consent of the military authorities.
In mobile units, as in fixed establishments, it may be accompanied by the
national flag of the Party to the conflict to which the unit or establishment
belongs.
Nevertheless, medical units which have fallen into the hands of the enemy
shall
not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as military
considerations permit, to make the distinctive emblems indicating medical
units
and establishments clearly visible to the enemy land, air or naval forces, in
order to obviate the possibility of any hostile action.
Article 43
The medical units belonging to neutral countries, which may have been
authorized to lend their services to a belligerent under the conditions laid
down in Article 27, shall fly, along with the flag of the Convention, the
national flag of that belligerent, wherever the latter makes use of the
faculty
conferred on him by Article 42.
Subject to orders to the contrary by the responsible military authorities,
they
may, on all occasions, fly their national flag, even if they fall into the
hands of the adverse Party.
Article 44
With the exception of the cases mentioned in the following paragraphs of the
present Article, the emblem of the Red Cross on a white ground and the words
'Red Cross', or 'Geneva Cross' may not be employed, either in time of peace or
in time of war, except to indicate or to protect the medical units and
establishments, the personnel and material protected by the present
Convention
and other Conventions dealing with similar matters. The same shall apply to
the
emblems mentioned in Article 38, second paragraph, in respect of the countries
which use them.
The National Red Cross Societies and other Societies designated in Article 26
shall have the right to use the distinctive emblem conferring the protection
of
the Convention only within the framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies
may,
in time of peace, in accordance with their national legislation, make use of
the name and emblem of the Red Cross for their other activities which are in
conformity with the principles laid down by the International Red Cross
Conferences. When those activities are carried out in time of war, the
conditions for the use of the emblem shall be such that it cannot be
considered
as conferring the protection of the Convention; the emblem shall be
comparatively small in size and may not be placed on armlets or on the roofs
of
buildings.
The international Red Cross organizations and their duly authorized personnel
shall be permitted to make use, at all times, of the emblem of the Red Cross
on
a white ground.
As an exceptional measure, in conformity with national legislation and with
the
express permission of one of the National Red Cross (Red Crescent, Red Lion
and
Sun) Societies, the emblem of the Convention may be employed in time of peace
to identify vehicles used as ambulances and to mark the position of aid
stations exclusively assigned to the purpose of giving free treatment to the
wounded or sick.
CHAPTER VIII-EXECUTION OF THE CONVENTION
Article 45
Each Party to the conflict, acting through its commanders-in-chief, shall
ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
Article 46
Reprisals against the wounded, sick, personnel, buildings or equipment
protected by the Convention are prohibited.
Article 47
The High Contracting Parties undertake, in time of peace as in time of war,
to
disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in
their
programmes of military and, if possible, civil instruction, so that the
principles thereof may become known to the entire population, in particular
to
the armed fighting forces, the medical personnel and the chaplains.
Article 48
The High Contracting Parties shall communicate to one another through the
Swiss
Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and
regulations which they may adopt to ensure the application thereof.
CHAPTER IX-REPRESSION OF ABUSES AND INFRACTIONS
Article 49
The High Contracting Parties undertake to enact any legislation necessary to
provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality,
before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to
another
High Contracting Party concerned, provided such High Contracting Party has
made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than
the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper
trial and defence, which shall not be less favourable than those provided by
Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
Article 50
Grave breaches to which the preceding Article relates shall be those
involving
any of the following acts, if committed against persons or property protected
by the Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
Article 51
No High Contracting Party shall be allowed to absolve itself or any other
High
Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding
Article.
Article 52
At the request of a Party to the conflict, an enquiry shall be instituted, in
a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry,
the
Parties should agree on the choice of an umpire who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties to the conflict shall
put
an end to it and shall repress it with the least possible delay.
Article 53
The use by individuals, societies, firms or companies either public or
private,
other than those entitled thereto under the present Convention, of the emblem
or the designation 'Red Cross' or 'Geneva Cross', or any sign or designation
constituting an imitation thereof, whatever the object of such use, and
irrespective of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of the reversed
Federal colours, and of the confusion which may arise between the arms of
Switzerland and the distinctive emblem of the Convention, the use by private
individuals, societies or firms, of the arms of the Swiss Confederation, or
of
marks constituting an imitation thereof, whether as trade-marks or commercial
marks, or as parts of such marks, or for a purpose contrary to commercial
honesty, or in circumstances capable of wounding Swiss national sentiment,
shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to the Geneva
Convention of July 27, 1929, may grant to prior users of the emblems,
designations, signs or marks designated in the first paragraph, a time limit
not to exceed three years from the coming into force of the present
Convention
to discontinue such use, provided that the said use shall not be such as
would
appear, in time of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present Article shall
also apply, without effect on any rights acquired through prior use, to the
emblems and marks mentioned in the second paragraph of Article 38.
Article 54
The High Contracting Parties shall, if their legislation is not already
adequate, take measures necessary for the prevention and repression, at all
times, of the abuses referred to under Article 53.
FINAL PROVISIONS
Article 55
The present Convention is established in English and in French. Both texts
are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
Article 56
The present Convention, which bears the date of this day, is open to
signature
until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not
represented at that Conference, but which are parties to the Geneva
Conventions
of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the
Field.
Article 57
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Article 58
The present Convention shall come into force six months after not less than
two
instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months
after the deposit of the instrument of ratification.
Article 59
The present Convention replaces the Conventions of August 22, 1864, July 6,
1906, and July 27, 1929, in relations between the High Contracting Parties.
Article 60
From the date of its coming into force, it shall be open to any Power in
whose
name the present Convention has not been signed, to accede to this
Convention.
Article 61
Accessions shall be notified in writing to the Swiss Federal Council, and
shall
take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers
in
whose name the Convention has been signed, or whose accession has been
notified.
Article 62
The situations provided for in Articles 2 and 3 shall give immediate effect
to
ratifications deposited and accessions notified by the Parties to the
conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Article 63
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting
Parties.
The denunciation shall take effect one year after the notification thereof
has
been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a
conflict shall not take effect until peace has been concluded, and until
after
operations connected with the release and repatriation of the persons
protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power.
It
shall in no way impair the obligations which the Parties to the conflict
shall
remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the
laws
of humanity and the dictates of the public conscience.
Article 64
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also
inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August, 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies
thereof to each of the signatory and acceding States.
(Here follow the signatures and Annexes.)
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SCHEDULE 2
SCH
SECOND SCHEDULE*2* Section 5
GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF
WOUNDED, SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT
SEA OF AUGUST 12, 1949
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the
purpose of revising the Xth Hague Convention of October 18, 1907, for the
Adaptation to Maritime Warfare of the Principles of the Geneva Convention of
1906, have agreed as follows:
CHAPTER I-GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for
the
present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of
the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in
their mutual relations. They shall furthermore be bound by the Convention in
relation to the said Power, if the latter accepts and applies the provisions
thereof.
Article 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the following provisions:
(1)Persons taking no active part in the hostilities, including members of
armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances
be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time
and
in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and
degrading treatment;
(d) the passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court, affording all
the
judicial guarantees which are recognized as indispensable by civilized
peoples.
(2)The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the
present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
Article 4
In case of hostilities between land and naval forces of Parties to the
conflict, the provisions of the present Convention shall apply only to forces
on board ship.
Forces put ashore shall immediately become subject to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick
in Armed Forces in the Field of August 12, 1949.
Article 5
Neutral Powers shall apply by analogy the provisions of the present
Convention
to the wounded, sick and shipwrecked, and to members of the medical personnel
and to chaplains of the armed forces of the Parties to the conflict received
or
interned in their territory, as well as to dead persons found.
Article 6
In addition to the agreements expressly provided for in Articles 10, 18, 31,
38, 39, 40, 43 and 53, the High Contracting Parties may conclude other
special
agreements for all matters concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely affect the situation
of wounded, sick and shipwrecked persons, of members of the medical personnel
or of chaplains, as defined by the present Convention, nor restrict the
rights
which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and
chaplains, shall continue to have the benefit of such agreements as long as
the
Convention is applicable to them, except where express provisions to the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other
of
the Parties to the conflict.
Article 7
Wounded, sick and shipwrecked persons, as well as members of the medical
personnel and chaplains, may in no circumstances renounce in part or in
entirety the rights secured to them by the present Convention, and by the
special agreements referred to in the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from
amongst
their own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which they are
to
carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible
the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not on any
case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by
imperative
military necessities.
Article 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of
the Parties to the conflict concerned, undertake for the protection of
wounded,
sick and shipwrecked persons, medical personnel and chaplains, and for their
relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present
Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not
benefit or cease to benefit, no matter for what reason, by the activities of
a
Protecting Power or of an organization provided for in the first paragraph
above, the Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the present
Convention
by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request
or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee
of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected
by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions
and
to discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements
between Powers one of which is restricted, even temporarily, in its freedom
to
negotiate with the other Power or its allies by reason of military events,
more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power,
such mention also applies to substitute organizations in the sense of the
present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as
to
the application or interpretation of the provisions of the present
Convention,
the Protecting Powers shall lend their good offices with a view to settling
the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict
a
meeting of their representatives, in particular of the authorities
responsible
for the wounded, sick and shipwrecked, medical personnel and chaplains,
possibly on neutral territory suitably chosen. The Parties to the conflict
shall be bound to give effect to the proposals made to them for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties
to
the conflict, a person belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who shall be invited to take part
in
such a meeting.
CHAPTER II-WOUNDED, SICK AND SHIPWRECKED
Article 12
Members of the armed forces and other persons mentioned in the following
Article, who are at sea and who are wounded, sick or shipwrecked, shall be
respected and protected in all circumstances, it being understood that the
term
"shipwreck" means shipwreck from any cause and includes forced landings at
sea
by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the
conflict in whose power they may be, without any adverse distinction founded
on
sex, race, nationality, religion, political opinions, or any other similar
criteria. Any attempts upon their lives, or violence to their persons, shall
be
strictly prohibited; in particular, they shall not be murdered or
exterminated,
subjected to torture or to biological experiments; they shall not wilfully be
left without medical assistance and care, nor shall conditions exposing them
to
contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment
to be administered.
Women shall be treated with all consideration due to their sex.
Article 13
The present Convention shall apply to the wounded, sick and shipwrecked at
sea
belonging to the following categories:
(1)Members of the armed forces of a Party to the conflict, as well as members
of militias or volunteer corps forming part of such armed forces.
(2)Members of other militias and members of other volunteer corps, including
those of organized resistance movements, belonging to a Party to the conflict
and operating in or outside their own territory, even if this territory is
occupied, provided that such militias or volunteer corps, including such
organized resistance movements, fulfil the following conditions:
(a)that of being commanded by a person responsible for his subordinates;
(b)that of having a fixed distinctive sign recognizable at a distance;
(c)that of carrying arms openly;
(d)that of conducting their operations in accordance with the laws and
customs
of war.
(3)Members of regular armed forces who profess allegiance to a Government or
an
authority not recognized by the Detaining Power.
(4)Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war
correspondents, supply contractors, members of labour units or of services
responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany.
(5)Members of crews, including masters, pilots and apprentices, of the
merchant
marine and the crews of civil aircraft of the Parties to the conflict, who do
not benefit by more favourable treatment under any other provisions of
international law.
(6)Inhabitants of a non-occupied territory who, on the approach of the enemy,
spontaneously take up arms to resist the invading forces, without having had
time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war.
Article 14
All warships of a belligerent Party shall have the right to demand that the
wounded, sick or shipwrecked on board military hospital ships, and hospital
ships belonging to relief societies or to private individuals, as well as
merchant vessels, yachts and other craft shall be surrendered, whatever their
nationality, provided that the wounded and sick are in a fit state to be
moved
and that the warship can provide adequate facilities for necessary medical
treatment.
Article 15
If wounded, sick or shipwrecked persons are taken on board a neutral warship
or
a neutral military aircraft, it shall be ensured, where so required by
international law, that they can take no further part in operations of war.
Article 16
Subject to the provisions of Article 12, the wounded, sick and shipwrecked of
a
belligerent who fall into enemy hands shall be prisoners of war, and the
provisions of international law concerning prisoners of war shall apply to
them. The captor may decide, according to circumstances, whether it is
expedient to hold them, or to convey them to a port in the captor's own
country, to a neutral port or even to a port in enemy territory. In the last
case, prisoners of war thus returned to their home country may not serve for
the duration of the war.
Article 17
Wounded, sick or shipwrecked persons who are landed in neutral ports with the
consent of the local authorities, shall, failing arrangements to the contrary
between the neutral and the belligerent Powers, be so guarded by the neutral
Power, where so required by international law, that the said persons cannot
again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the
Power
on whom the wounded, sick or shipwrecked persons depend.
Article 18
After each engagement, Parties to the conflict shall, without delay, take all
possible measures to search for and collect the shipwrecked, wounded and
sick,
to protect them against pillage and ill-treatment, to ensure their adequate
care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude
local
arrangements for the removal of the wounded and sick by sea from a besieged
or
encircled area and for the passage of medical and religious personnel and
equipment on their way to that area.
Article 19
The Parties to the conflict shall record as soon as possible, in respect of
each shipwrecked, wounded, sick or dead person of the adverse Party falling
into their hands, any particulars which may assist in his identification.
These
records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the
information bureau described in Article 122 of the Geneva Convention relative
to the Treatment of Prisoners of War of August 12, 1949, which shall transmit
this information to the Power on which these persons depend through the
intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the
same bureau, certificates of death or duly authenticated lists of the dead.
They shall likewise collect and forward through the same bureau one half of
the
double identity disc, or the identity disc itself if it is a single disc,
last
wills or other documents of importance to the next of kin, money and in
general
all articles of an intrinsic or sentimental value, which are found on the
dead.
These articles, together with unidentified articles, shall be sent in sealed
packets, accompanied by statements giving all particulars necessary for the
identification of the deceased owners, as well as by a complete list of the
contents of the parcel.
Article 20
Parties to the conflict shall ensure that burial at sea of the dead, carried
out individually as far as circumstances permit, is preceded by a careful
examination, if possible by a medical examination, of the bodies, with a view
to confirming death, establishing identity and enabling a report to be made.
Where a double identity disc is used, one half of the disc should remain on
the
body.
If dead persons are landed, the provisions of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949, shall be applicable.
Article 21
The Parties to the conflict may appeal to the charity of commanders of
neutral
merchant vessels, yachts or other craft, to take on board and care for
wounded,
sick or shipwrecked persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own
accord collected wounded, sick or shipwrecked persons, shall enjoy special
protection and facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in
the
absence of any promise to the contrary, they shall remain liable to capture
for
any violations of neutrality they may have committed.
CHAPTER III-HOSPITAL SHIPS
Article 22
Military hospital ships, that is to say, ships built or equipped by the
Powers
specially and solely with a view to assisting the wounded, sick and
shipwrecked, to treating them and to transporting them, may in no
circumstances
be attacked or captured, but shall at all times be respected and protected,
on
condition that their names and descriptions have been notified to the Parties
to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include
registered gross tonnage, the length from stem to stern and the number of
masts
and funnels.
Article 23
Establishments ashore entitled to the protection of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949, shall be protected from bombardment or attack
from the sea.
Article 24
Hospital ships utilized by National Red Cross Societies, by officially
recognized relief societies or by private persons shall have the same
protection as military hospital ships and shall be exempt from capture, if
the
Party to the conflict on which they depend has given them an official
commission and in so far as the provisions of Article 22 concerning
notification have been complied with.
These ships must be provided with certificates from the responsible
authorities, stating that the vessels have been under their control while
fitting out and on departure.
Article 25
Hospital ships utilized by National Red Cross Societies, officially
recognized
relief societies, or private persons of neutral countries shall have the same
protection as military hospital ships and shall be exempt from capture, on
condition that they have placed themselves under the control of one of the
Parties to the conflict, with the previous consent of their own governments
and
with the authorization of the Party to the conflict concerned, in so far as
the
provisions of Article 22 concerning notification have been complied with.
Article 26
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital
ships of any tonnage and to their lifeboats, wherever they are operating.
Nevertheless, to ensure the maximum comfort and security, the Parties to the
conflict shall endeavour to utilize, for the transport of wounded, sick and
shipwrecked over long distances and on the high seas, only hospital ships of
over 2,000 tons gross.
Article 27
Under the same conditions as those provided for in Articles 22 and 24, small
craft employed by the State or by the officially recognized lifeboat
institutions for coastal rescue operations, shall also be respected and
protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used
exclusively by these craft for their humanitarian missions.
Article 28
Should fighting occur on board a warship, the sick-bays shall be respected
and
spared as far as possible. Sick-bays and their equipment shall remain subject
to the laws of warfare, but may not be diverted from their purpose so long as
they are required for the wounded and sick. Nevertheless, the commander into
whose power they have fallen may, after ensuring the proper care of the
wounded
and sick who are accommodated therein, apply them to other purposes in case
of
urgent military necessity.
Article 29
Any hospital ship in a port which falls into the hands of the enemy shall be
authorized to leave the said port.
Article 30
The vessels described in Articles 22, 24, 25 and 27 shall afford relief and
assistance to the wounded, sick and shipwrecked without distinction of
nationality.
The High Contracting Parties undertake not to use these vessels for any
military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Article 31
The Parties to the conflict shall have the right to control and search the
vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance
from these vessels, order them off, make them take a certain course, control
the use of their wireless and other means of communication, and even detain
them for a period not exceeding seven days from the time of interception, if
the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to
see that orders given in virtue of the provisions of the preceding paragraph
are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the
hospital ship, in a language he can understand, the orders they have given
the
captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements,
put on board their ships neutral observers who shall verify the strict
observation of the provisions contained in the present Convention.
Article 32
Vessels described in Articles 22, 24, 25 and 27 are not classed as warships
as
regards their stay in a neutral port.
Article 33
Merchant vessels which have been transformed into hospital ships cannot be
put
to any other use throughout the duration of hostilities.
Article 34
The protection to which hospital ships and sick-bays are entitled shall not
cease unless they are used to commit, outside their humanitarian duties, acts
harmful to the enemy. Protection may, however, cease only after due warning
has
been given, naming in all appropriate cases a reasonable time limit, and
after
such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their
wireless or other means of communication.
Article 35
The following conditions shall not be considered as depriving hospital ships
or
sick-bays of vessels of the protection due to them:
(1)The fact that the crews of ships or sick-bays are armed for the
maintenance
of order, for their own defence or that of the sick and wounded.
(2)The presence on board of apparatus exclusively intended to facilitate
navigation or communication.
(3)The discovery on board hospital ships or in sick-bays of portable arms and
ammunition taken from the wounded, sick and shipwrecked and not yet handed to
the proper service.
(4)The fact that the humanitarian activities of hospital ships and sick-bays
of
vessels or of the crews extend to the care of wounded, sick or shipwrecked
civilians.
(5)The transport of equipment and of personnel intended exclusively for
medical
duties, over and above the normal requirements.
CHAPTER IV-PERSONNEL
Article 36
The religious, medical and hospital personnel of hospital ships and their
crews
shall be respected and protected; they may not be captured during the time
they
are in the service of the hospital ship, whether or not there are wounded and
sick on board.
Article 37
The religious, medical and hospital personnel assigned to the medical or
spiritual care of the persons designated in Articles 12 and 13 shall, if they
fall into the hands of the enemy, be respected and protected; they may
continue
to carry out their duties as long as this is necessary for the care of the
wounded and sick. They shall afterwards be sent back as soon as the
Commander-in-Chief, under whose authority they are, considers it practicable.
They may take with them, on leaving the ship, their personal property.
If, however, it prove necessary to retain some of this personnel owing to the
medical or spiritual needs of prisoners of war, everything possible shall be
done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick
in Armed Forces in the Field of August 12, 1949. CHAPTER
V-MEDICAL TRANSPORTS
Article 38
Ships chartered for that purpose shall be authorized to transport equipment
exclusively intended for the treatment of wounded and sick members of armed
forces or for the prevention of disease, provided that the particulars
regarding their voyage have been notified to the adverse Power and approved
by
the latter. The adverse Power shall preserve the right to board the carrier
ships, but not to capture them or seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be
placed on board such ships to verify the equipment carried. For this purpose,
free access to the equipment shall be given.
Article 39
Medical aircraft, that is to say, aircraft exclusively employed for the
removal
of the wounded, sick and shipwrecked, and for the transport of medical
personnel and equipment, may not be the object of attack, but shall be
respected by the Parties to the conflict, while flying at heights, at times
and
on routes specifically agreed upon between the Parties to the conflict
concerned.
They shall be clearly marked with the distinctive emblem prescribed in
Article
41, together with their national colours, on their lower, upper and lateral
surfaces. They shall be provided with any other markings or means of
identification which may be agreed upon between the Parties to the conflict
upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are
prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the
event of having thus to alight, the aircraft with its occupants may continue
its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or
enemy-occupied territory, the wounded, sick and shipwrecked, as well as the
crew of the aircraft shall be prisoners of war. The medical personnel shall
be
treated according to Articles 36 and 37.
Article 40
Subject to the provisions of the second paragraph, medical aircraft of
Parties
to the conflict may fly over the territory of neutral Powers, land thereon in
case of necessity, or use it as a port of call. They shall give neutral
Powers
prior notice of their passage over the said territory, and obey every summons
to alight, on land or water. They will be immune from attack only when flying
on routes, at heights and at times specifically agreed upon between the
Parties
to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the
passage or landing of medical aircraft on their territory. Such possible
conditions or restrictions shall be applied equally to all Parties to the
conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the
conflict, the wounded, sick or shipwrecked who are disembarked with the
consent
of the local authorities on neutral territory by medical aircraft shall be
detained by the neutral Power, where so required by international law, in
such
a manner that they cannot again take part in operations of war. The cost of
their accommodation and internment shall be borne by the Power on which they
depend.
CHAPTER VI-THE DISTINCTIVE EMBLEM
Article 41
Under the direction of the competent military authority, the emblem of the
red
cross on a white ground shall be displayed on the flags, armlets and on all
equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place
of
the red cross, the red crescent or the red lion and sun on a white ground,
these emblems are also recognized by the terms of the present Convention.
Article 42
The personnel designated in Articles 36 and 37 shall wear, affixed to the
left
arm, a water-resistant armlet bearing the distinctive emblem, issued and
stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article
19, shall also carry a special identity card bearing the distinctive emblem.
This card shall be water-resistant and of such size that it can be carried in
the pocket. It shall be worded in the national language, shall mention at
least
the surname and first names, the date of birth, the rank and the service
number
of the bearer, and shall state in what capacity he is entitled to the
protection of the present Convention. The card shall bear the photograph of
the
owner and also either his signature or his fingerprints or both. It shall be
embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as
far
as possible, of a similar type in the armed forces of the High Contracting
Parties. The Parties to the conflict may be guided by the model which is
annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity
cards should be made out, if possible, at least in duplicate, one copy being
kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss they
shall
be entitled to receive duplicates of the cards and to have the insignia
replaced.
Article 43
The ships designated in Articles 22, 24, 25 and 27 shall be distinctively
marked as follows:
(a)All exterior surfaces shall be white.
(b)One or more dark red crosses, as large as possible, shall be painted and
displayed on each side of the hull and on the horizontal surfaces, so placed
as
to afford the greatest possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national
flag
and further, if they belong to a neutral state, the flag of the Party to the
conflict whose direction they have accepted. A white flag with a red cross
shall be flown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by
the
Medical Service shall be painted white with dark red crosses prominently
displayed and shall, in general, comply with the identification system
prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night and in
times of reduced visibility the protection to which they are entitled, must,
subject to the assent of the Party to the conflict under whose power they
are,
take the necessary measures to render their painting and distinctive emblems
sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally
detained
by the enemy, must haul down the flag of the Party to the conflict in whose
service they are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the
Occupying Power from a base which is occupied, may be allowed, when away from
their base, to continue to fly their own national colours along with a flag
carrying a red cross on a white ground, subject to prior notification to all
the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply
equally to the other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual
agreements in order to use the most modern methods available to facilitate
the
identification of hospital ships.
Article 44
The distinguishing signs referred to in Article 43 can only be used, whether
in
time of peace or war, for indicating or protecting the ships therein
mentioned,
except as may be provided in any other international Convention or by
agreement
between all the Parties to the conflict concerned.
Article 45
The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at
all
times, of any abuse of the distinctive signs provided for under Article 43.
CHAPTER VII-EXECUTION OF THE CONVENTION
Article 46
Each Party to the conflict, acting through its Commanders-in-Chief, shall
ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
Article 47
Reprisals against the wounded, sick and shipwrecked persons, the personnel,
the
vessels or the equipment protected by the Convention are prohibited.
Article 48
The High Contracting Parties undertake, in time of peace as in time of war,
to
disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in
their
programmes of military and, if possible, civil instruction, so that the
principles thereof may become known to the entire population, in particular
to
the armed fighting forces, the medical personnel and the chaplains.
Article 49
The High Contracting Parties shall communicate to one another through the
Swiss
Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and
regulations which they may adopt to ensure the application thereof.
CHAPTER VIII-REPRESSION OF ABUSES AND INFRACTIONS
Article 50
The High Contracting Parties undertake to enact any legislation necessary to
provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality,
before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to
another
High Contracting Party concerned, provided such High Contracting Party has
made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than
the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper
trial and defence, which shall not be less favourable than those provided by
Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
Article 51
Grave breaches to which the preceding Article relates shall be those
involving
any of the following acts, if committed against persons or property protected
by the Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious injury to
body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
Article 52
No High Contracting Party shall be allowed to absolve itself or any other
High
Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding
Article.
Article 53
At the request of a Party to the conflict, an enquiry shall be instituted, in
a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry,
the
Parties should agree on the choice of an umpire, who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties to the conflict shall
put
an end to it and shall repress it with the least possible delay.
FINAL PROVISIONS
Article 54
The present Convention is established in English and in French. Both texts
are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
Article 55
The present Convention, which bears the date of this day, is open to
signature
until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not
represented at that Conference, but which are parties to the Xth Hague
Convention of October 18, 1907, for the adaptation to Maritime Warfare of the
principles of the Geneva Convention of 1906, or to the Geneva Conventions of
1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the
Field.
Article 56
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Article 57
The present Convention shall come into force six months after not less than
two
instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months
after the deposit of the instrument of ratification.
Article 58
The present Convention replaces the Xth Hague Convention of October 18, 1907,
for the adaptation to Maritime Warfare of the principles of the Geneva
Convention of 1906, in relations between the High Contracting Parties.
Article 59
From the date of its coming into force, it shall be open to any Power in
whose
name the present Convention has not been signed, to accede to this
Convention.
Article 60
Accessions shall be notified in writing to the Swiss Federal Council, and
shall
take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers
in
whose name the Convention has been signed, or whose accession has been
notified.
Article 61
The situations provided for in Articles 2 and 3 shall give immediate effect
to
ratifications deposited and accessions notified by the Parties to the
conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Article 62
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting
Parties.
The denunciation shall take effect one year after the notification thereof
has
been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a
conflict shall not take effect until peace has been concluded, and until
after
operations connected with the release and repatriation of the persons
protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power.
It
shall in no way impair the obligations which the Parties to the conflict
shall
remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the
laws
of humanity and the dictates of the public conscience.
Article 63
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also
inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies
thereof to each of the signatory and acceding States.
(Here follow the signatures and Annex.)
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SCHEDULE 3
SCH
THIRD SCHEDULE*2* Section 5
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF
WAR OF AUGUST 12, 1949
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the
purpose of revising the Convention concluded at Geneva on July 27, 1929,
relative to the Treatment of Prisoners of War, have agreed as follows:
PART I-GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for
the
present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peace time, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of
the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in
their mutual relations. They shall furthermore be bound by the Convention in
relation to the said Power, if the latter accepts and applies the provisions
thereof.
Article 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the following provisions:
(1)Persons taking no active part in the hostilities, including members of
armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances
be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time
and
in any place whatsoever with respect to the above-mentioned persons:
(a)violence to life and person, in particular murder of all kinds,
mutilation,
cruel treatment and torture;
(b)taking of hostages;
(c)outrages upon personal dignity, in particular, humiliating and degrading
treatment;
(d)the passing of sentences and the carrying out of executions without
previous
judgment pronounced by a regularly constituted court affording all the
judicial
guarantees which are recognized as indispensable by civilized peoples.
(2)The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the
present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
Article 4
A. Prisoners of war, in the sense of the present Convention, are persons
belonging to one of the following categories, who have fallen into the power
of
the enemy:
(1)Members of the armed forces of a Party to the conflict, as well as members
of militias or volunteer corps forming part of such armed forces.
(2)Members of other militias and members of other volunteer corps, including
those of organized resistance movements, belonging to a Party to the conflict
and operating in or outside their own territory, even if this territory is
occupied, provided that such militias or volunteer corps, including such
organized resistance movements, fulfil the following conditions:
(a)that of being commanded by a person responsible for his subordinates;
(b)that of having a fixed distinctive sign recognizable at a distance;
(c)that of carrying arms openly;
(d)that of conducting their operations in accordance with the laws and
customs
of war.
(3)Members of regular armed forces who profess allegiance to a government or
an
authority not recognized by the Detaining Power.
(4)Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war
correspondents, supply contractors, members of labour units or of services
responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany, who shall
provide them for that purpose with an identity card similar to the annexed
model.
(5)Members of crews, including masters, pilots and apprentices, of the
merchant
marine and the crews of civil aircraft of the Parties to the conflict, who do
not benefit by more favourable treatment under any other provisions of
international law.
(6)Inhabitants of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without having had
time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the
present Convention:
(1)Persons belonging, or having belonged, to the armed forces of the occupied
country, if the occupying Power considers it necessary by reason of such
allegiance to intern them, even though it has originally liberated them while
hostilities were going on outside the territory it occupies, in particular
where such persons have made an unsuccessful attempt to rejoin the armed
forces
to which they belong and which are engaged in combat, or where they fail to
comply with a summons made to them with a view to internment.
(2)The persons belonging to one of the categories enumerated in the present
Article, who have been received by neutral or non-belligerent Powers on their
territory and whom these Powers are required to intern under international
law,
without prejudice to any more favourable treatment which these Powers may
choose to give and with the exception of Articles 8, 10, 15, 30, fifth
paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the
Parties to the conflict and the neutral or non-belligerent Power concerned,
those Articles concerning the Protecting Power. Where such diplomatic
relations
exist, the Parties to a conflict on whom these persons depend shall be
allowed
to perform towards them the functions of a Protecting Power as provided in
the
present Convention, without prejudice to the functions which these Parties
normally exercise in conformity with diplomatic and consular usage and
treaties.
C. This Article shall in no way affect the status of medical personnel and
chaplains as provided for in Article 33 of the present Convention.
Article 5
The present Convention shall apply to the persons referred to in Article 4
from
the time they fall into the power of the enemy and until their final release
and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent
act and having fallen into the hands of the enemy, belong to any of the
categories enumerated in Article 4, such persons shall enjoy the protection
of
the present Convention until such time as their status has been determined by
a
competent tribunal.
Article 6
In addition to the agreements expressly provided for in Articles 10, 23, 28,
33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High
Contracting Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate provision. No
special agreement shall adversely affect the situation of prisoners of war,
as
defined by the present Convention, nor restrict the rights which it confers
upon them.
Prisoners of war shall continue to have the benefit of such agreements as
long
as the Convention is applicable to them, except where express provisions to
the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other
of
the Parties to the conflict.
Article 7
Prisoners of war may in no circumstances renounce in part or in entirety the
rights secured to them by the present Convention, and by the special
agreements
referred to in the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from
amongst
their own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which they are
to
carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible
the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties.
Article 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of
the Parties to the conflict concerned, undertake for the protection of
prisoners of war and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present
Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an organization
provided
for in the first paragraph above, the Detaining Power shall request a neutral
State, or such an organization, to undertake the functions performed under
the
present Convention by a Protecting Power designated by the Parties to a
conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request
or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee
of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected
by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions
and
to discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements
between Powers one of which is restricted, even temporarily, in its freedom
to
negotiate with the other Power or its allies by reason of military events,
more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power,
such
mention applies to substitute organizations in the sense of the present
Article.
Article 11
In cases where they deem it advisable in the interest of protected persons
particularly in cases of disagreement between the Parties to the conflict as
to
the application or interpretation of the provisions of the present
Convention,
the Protecting Powers shall lend their good offices with a view to settling
the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict
a
meeting of their representatives, and in particular of the authorities
responsible for prisoners of war, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers may, if
necessary, propose for approval by the Parties to the conflict a person
belonging to a neutral Power, or delegated by the International Committee of
the Red Cross, who shall be invited to take part in such a meeting.
PART II-GENERAL PROTECTION OF PRISONERS OF WAR
Article 12
Prisoners of war are in the hands of the enemy Power, but not of the
individuals or military units who have captured them. Irrespective of the
individual responsibilities that may exist, the Detaining Power is
responsible
for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power
which is a party to the Convention and after the Detaining Power has
satisfied
itself of the willingness and ability of such transferee Power to apply the
Convention. When prisoners of war are transferred under such circumstances,
responsibility for the application of the Convention rests on the Power
accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the
Convention
in any important respect, the Power by whom the prisoners of war were
transferred shall, upon being notified by the Protecting Power, take
effective
measures to correct the situation or shall request the return of the
prisoners
of war. Such requests must be complied with.
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or
omission by the Detaining Power causing death or seriously endangering the
health of a prisoner of war in its custody is prohibited, and will be
regarded
as a serious breach of the present Convention. In particular, no prisoner of
war may be subjected to physical mutilation or to medical or scientific
experiments of any kind which are not justified by the medical, dental or
hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly
against
acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 14
Prisoners of war are entitled in all circumstances to respect for their
persons
and their honour.
Women shall be treated with all the regard due to their sex and shall in all
cases benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at
the
time of their capture. The Detaining Power may not restrict the exercise,
either within or without its own territory, of the rights such capacity
confers
except in so far as the captivity requires.
Article 15
The Power detaining prisoners of war shall be bound to provide free of charge
for their maintenance and for the medical attention required by their state
of
health.
Article 16
Taking into consideration the provisions of the present Convention relating
to
rank and sex, and subject to any privileged treatment which may be accorded
to
them by reason of their state of health, age or professional qualifications,
all prisoners of war shall be treated alike by the Detaining Power, without
any
adverse distinction based on race, nationality, religious belief or political
opinions, or any other distinction founded on similar criteria.
PART III-CAPTIVITY SECTION I-BEGINNING OF CAPTIVITY
Article 17
Every prisoner of war, when questioned on the subject, is bound to give only
his surname, first names and rank, date of birth, and army, regimental,
personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a
restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its
jurisdiction who are liable to become prisoners of war, with an identity card
showing the owner's surname, first names, rank, army, regimental, personal or
serial number or equivalent information, and date of birth. The identity card
may, furthermore, bear the signature or the fingerprints, or both, of the
owner, and may bear, as well, any other information the Party to the conflict
may wish to add concerning persons belonging to its armed forces. As far as
possible the card shall measure 6.5 x 10 cm. and shall be issued in
duplicate.
The identity card shall be shown by the prisoner of war upon demand, but may
in
no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be
inflicted
on prisoners of war to secure from them information of any kind whatever.
Prisoners of war who refuse to answer may not be threatened, insulted, or
exposed to unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable
to state their identity, shall be handed over to the medical service. The
identity of such prisoners shall be established by all possible means,
subject
to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which
they understand.
Article 18
All effects and articles of personal use, except arms, horses, military
equipment and military documents, shall remain in the possession of prisoners
of war, likewise their metal helmets and gas masks and like articles issued
for
personal protection. Effects and articles used for their clothing or feeding
shall likewise remain in their possession, even if such effects and articles
belong to their regulation military equipment.
At no time should prisoners of war be without identity documents. The
Detaining
Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a
personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them
except by order of an officer, and after the amount and particulars of the
owner have been recorded in a special register and an itemized receipt has
been
given, legibly inscribed with the name, rank and unit of the person issuing
the
said receipt. Sums in the currency of the Detaining Power, or which are
changed
into such currency at the prisoner's request, shall be placed to the credit
of
the prisoner's account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only
for reasons of security; when such articles are withdrawn, the procedure laid
down for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the
owners, shall be kept in the custody of the Detaining Power and shall be
returned in their initial shape to prisoners of war at the end of their
captivity.
Article 19
Prisoners of war shall be evacuated, as soon as possible after their capture,
to camps situated in an area far enough from the combat zone for them to be
out
of danger.
Only those prisoners of war who, owing to wounds or sickness, would run
greater
risks by being evacuated than by remaining where they are, may be temporarily
kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting
evacuation from a fighting zone.
Article 20
The evacuation of prisoners of war shall always be effected humanely and in
conditions similar to those for the forces of the Detaining Power in their
changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated
with
sufficient food and potable water, and with the necessary clothing and
medical
attention. The Detaining Power shall take all suitable precautions to ensure
their safety during evacuation, and shall establish as soon as possible a
list
of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps,
their
stay in such camps shall be as brief as possible.
SECTION II-INTERNMENT OF PRISONERS OF WAR CHAPTER I-GENERAL OBSERVATIONS
Article 21
The Detaining Power may subject prisoners of war to internment. It may impose
on them the obligation of not leaving, beyond certain limits, the camp where
they are interned, or if the said camp is fenced in, of not going outside its
perimeter. Subject to the provisions of the present Convention relative to
penal and disciplinary sanctions, prisoners of war may not be held in close
confinement except where necessary to safeguard their health and then only
during the continuation of the circumstances which make such confinement
necessary.
Prisoners of war may be partially or wholly released on parole or promise, in
so far as is allowed by the laws of the Power on which they depend. Such
measures shall be taken particularly in cases where this may contribute to
the
improvement of their state of health. No prisoner of war shall be compelled
to
accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the
adverse Party of the laws and regulations allowing or forbidding its own
nationals to accept liberty on parole or promise. Prisoners of war who are
paroled or who have given their promise in conformity with the laws and
regulations so notified, are bound on their personal honour scrupulously to
fulfil, both towards the Power on which they depend and towards the Power
which
has captured them, the engagements of their paroles or promises. In such
cases,
the Power on which they depend is bound neither to require nor to accept from
them any service incompatible with the parole or promise given.
Article 22
Prisoners of war may be interned only in premises located on land and
affording
every guarantee of hygiene and healthfulness. Except in particular cases
which
are justified by the interest of the prisoners themselves, they shall not be
interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is
injurious
for them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp
compounds
according to their nationality, language and customs, provided that such
prisoners shall not be separated from prisoners of war belonging to the armed
forces with which they were serving at the time of their capture, except with
their consent.
Article 23
No prisoner of war may at any time be sent to, or detained in areas where he
may be exposed to the fire of the combat zone, nor may his presence be used
to
render certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other
hazards
of war, to the same extent as the local civilian population. With the
exception
of those engaged in the protection of their quarters against the aforesaid
hazards, they may enter such shelters as soon as possible after the giving of
the alarm. Any other protective measure taken in favour of the population
shall
also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of
the Protecting Powers, all useful information regarding the geographical
location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be
indicated in the day-time by the letters PW or PG, placed so as to be clearly
visible from the air. The Powers concerned may, however, agree upon any other
system of marking. Only prisoner of war camps shall be marked as such.
Article 24
Transit or screening camps of a permanent kind shall be fitted out under
conditions similar to those described in the present Section, and the
prisoners
therein shall have the same treatment as in other camps.
CHAPTER II-QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR
Article 25
Prisoners of war shall be quartered under conditions as favourable as those
for
the forces of the Detaining Power who are billeted in the same area. The said
conditions shall make allowance for the habits and customs of the prisoners
and
shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of
prisoners of war as regards both total surface and minimum cubic space, and
the
general installations, bedding and blankets.
The premises provided for the use of prisoners of war individually or
collectively, shall be entirely protected from dampness and adequately heated
and lighted, in particular between dusk and lights out. All precautions must
be
taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are
accommodated,
separate dormitories shall be provided for them.
Article 26
The basic daily food rations shall be sufficient in quantity, quality and
variety to keep prisoners of war in good health and to prevent loss of weight
or the development of nutritional deficiencies. Account shall also be taken
of
the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such
additional
rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of
tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the
preparation
of their meals; they may be employed for that purpose in the kitchens.
Furthermore, they shall be given the means of preparing, themselves, the
additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
Article 27
Clothing, underwear and footwear shall be supplied to prisoners of war in
sufficient quantities by the Detaining Power, which shall make allowance for
the climate of the region where the prisoners are detained. Uniforms of enemy
armed forces captured by the Detaining Power should, if suitable for the
climate, be made available to clothes prisoners of war.
The regular replacement and repair of the above articles shall be assured by
the Detaining Power. In addition, prisoners of war who work shall receive
appropriate clothing, wherever the nature of the work demands.
Article 28
Canteens shall be installed in all camps, where prisoners of war may procure
foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff
shall never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the
prisoners; a special fund shall be created for this purpose. The prisoners'
representative shall have the right to collaborate in the management of the
canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be
handed to an international welfare organization, to be employed for the
benefit
of prisoners of war of the same nationality as those who have contributed to
the fund. In case of a general repatriation, such profits shall be kept by
the
Detaining Power subject to any agreement to the contrary between the Powers
concerned.
CHAPTER III-HYGIENE AND MEDICAL ATTENTION
Article 29
The Detaining Power shall be bound to take all sanitary measures necessary to
ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which
conform to the rules of hygiene and are maintained in a constant state of
cleanliness. In any camps in which women prisoners of war are accommodated,
separate conveniences shall be provided for them.
Also, apart from the baths and showers with which the camps shall be
furnished,
prisoners of war shall be provided with sufficient water and soap for their
personal toilet and for washing their personal laundry; the necessary
installations, facilities and time shall be granted them for that purpose.
Article 30
Every camp shall have an adequate infirmary where prisoners of war may have
the
attention they require, as well as appropriate diet. Isolation wards shall,
if
necessary, be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition
necessitates special treatment, a surgical operation or hospital care, must
be
admitted to any military or civilian medical unit where such treatment can be
given, even if their repatriation is contemplated in the near future. Special
facilities shall be afforded for the care to be given to the disabled, in
particular to the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel
of
the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the
medical
authorities for examination. The detaining authorities shall, upon request,
issue to every prisoner who has undergone treatment, an official certificate
indicating the nature of his illness or injury, and the duration and kind of
treatment received. A duplicate of this certificate shall be forwarded to the
Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary for the
maintenance of prisoners of war in good health, particularly dentures and
other
artificial appliances, and spectacles, shall be borne by the Detaining Power.
Article 31
Medical inspections of prisoners of war shall be held at least once a month.
They shall include the checking and the recording of the weight of each
prisoner of war. Their purpose shall be, in particular, to supervise the
general state of health, nutrition and cleanliness of prisoners and to detect
contagious diseases, especially tuberculosis, malaria and venereal disease.
For
this purpose the most efficient methods available shall be employed, e.g.
periodic mass miniature radiography for the early detection of tuberculosis.
Article 32
Prisoners of war who, though not attached to the medical service of their
armed
forces, are physicians, surgeons, dentists, nurses or medical orderlies, may
be
required by the Detaining Power to exercise their medical functions in the
interests of prisoners of war dependent on the same Power. In that case they
shall continue to be prisoners of war, but shall receive the same treatment
as
corresponding medical personnel retained by the Detaining Power. They shall
be
exempted from any other work under Article 49.
CHAPTER IV-MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST
PRISONERS OF WAR
Article 33
Members of the medical personnel and chaplains while retained by the
Detaining
Power with a view to assisting prisoners of war, shall not be considered as
prisoners of war. They shall, however, receive as a minimum the benefits and
protection of the present Convention, and shall also be granted all
facilities
necessary to provide for the medical care of, and religious ministration to
prisoners of war.
They shall continue to exercise their medical and spiritual functions for the
benefit of prisoners of war, preferably those belonging to the armed forces
upon which they depend, within the scope of the military laws and regulations
of the Detaining Power and under the control of its competent services, in
accordance with their professional etiquette. They shall also benefit by the
following facilities in the exercise of their medical or spiritual functions:
(a)They shall be authorized to visit periodically prisoners of war situated
in
working detachments or in hospitals outside the camp. For this purpose, the
Detaining Power shall place at their disposal the necessary means of
transport.
(b)The senior medical officer in each camp shall be responsible to the camp
military authorities for everything connected with the activities of retained
medical personnel. For this purpose, Parties to the conflict shall agree at
the
outbreak of hostilities on the subject of the corresponding ranks of the
medical personnel, including that of societies mentioned in Article 26 of the
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick
in Armed Forces in the Field of August 12, 1949. This senior medical officer,
as well as chaplains, shall have the right to deal with the competent
authorities of the camp on all questions relating to their duties. Such
authorities shall afford them all necessary facilities for correspondence
relating to these questions.
(c)Although they shall be subject to the internal discipline of the camp in
which they are retained, such personnel may not be compelled to carry out any
work other than that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the
possible relief of retained personnel and shall settle the procedure to be
followed.
None of the preceding provisions shall relieve the Detaining Power of its
obligations with regard to prisoners of war from the medical or spiritual
point
of view.
CHAPTER V-RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 34
Prisoners of war shall enjoy complete latitude in the exercise of their
religious duties, including attendance at the service of their faith, on
condition that they comply with the disciplinary routine prescribed by the
military authorities.
Adequate premises shall be provided where religious services may be held.
Article 35
Chaplains who fall into the hands of the enemy Power and who remain or are
retained with a view to assisting prisoners of war, shall be allowed to
minister to them and to exercise freely their ministry amongst prisoners of
war
of the same religion, in accordance with their religious conscience. They
shall
be allocated among the various camps and labour detachments containing
prisoners of war belonging to the same forces, speaking the same language or
practising the same religion. They shall enjoy the necessary facilities,
including the means of transport provided
for in Article 33, for visiting the prisoners of war outside their camp. They
shall be free to correspond, subject to censorship, on matters concerning
their
religious duties with the ecclesiastical authorities in the country of
detention and with international religious organizations. Letters and cards
which they may send for this purpose shall be in addition to the quota
provided
for in Article 71.
Article 36
Prisoners of war who are ministers of religion, without having officiated as
chaplains to their own forces, shall be at liberty, whatever their
denomination, to minister freely to the members of their community. For this
purpose, they shall receive the same treatment as the chaplains retained by
the
Detaining Power. They shall not be obliged to do any other work.
Article 37
When prisoners of war have not the assistance of a retained chaplain or of a
prisoner of war minister of their faith, a minister belonging to the
prisoners'
or a similar denomination, or in his absence a qualified layman, if such a
course is feasible from a confessional point of view, shall be appointed, at
the request of the prisoners concerned, to fill this office. This
appointment,
subject to the approval of the Detaining Power, shall take place with the
agreement of the community of prisoners concerned and, wherever necessary,
with
the approval of the local religious authorities of the same faith. The person
thus appointed shall comply with all regulations established by the Detaining
Power in the interests of discipline and military security.
Article 38
While respecting the individual preferences of every prisoner, the Detaining
Power shall encourage the practice of intellectual, educational, and
recreational pursuits, sports and games amongst prisoners, and shall take the
measures necessary to ensure the exercise thereof by providing them with
adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including
sports and games, and for being out of doors. Sufficient open spaces shall be
provided for this purpose in all camps.
CHAPTER VI-DISCIPLINE
Article 39
Every prisoner of war camp shall be put under the immediate authority of a
responsible commissioned officer belonging to the regular armed forces of the
Detaining Power. Such officer shall have in his possession a copy of the
present Convention; he shall ensure that its provisions are known to the camp
staff and the guard and shall be responsible, under the direction of his
government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all
officers of the Detaining Power the external marks of respect provided for by
the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank
of
the Detaining Power; they must, however, salute the camp commander regardless
of his rank.
Article 40
The wearing of badges of rank and nationality, as well as of decorations,
shall
be permitted.
Article 41
In every camp the text of the present Convention and its Annexes and the
contents of any special agreement provided for in Article 6, shall be posted,
in the prisoners' own language, in places where all may read them. Copies
shall
be supplied, on request, to the prisoners who cannot have access to the copy
which has been posted.
Regulations, orders, notices and publications of every kind relating to the
conduct of prisoners of war shall be issued to them in a language which they
understand. Such regulations, orders and publications shall be posted in the
manner described above and copies shall be handed to the prisoners'
representative. Every order and command addressed to prisoners of war
individually must likewise be given in a language which they understand.
Article 42
The use of weapons against prisoners of war, especially against those who are
escaping or attempting to escape, shall constitute an extreme measure, which
shall always be preceded by warnings appropriate to the circumstances.
CHAPTER VII-RANK OF PRISONERS OF WAR
Article 43
Upon the outbreak of hostilities, the parties to the conflict shall
communicate
to one another the titles and ranks of all the persons mentioned in Article 4
of the present Convention, in order to ensure equality of treatment between
prisoners of equivalent rank. Titles and ranks which are subsequently created
shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been
accorded
to prisoners of war and which have been duly notified by the Power on which
these prisoners depend.
Article 44
Officers and prisoners of equivalent status shall be treated with the regard
due to their rank and age.
In order to ensure service in officers' camps, other ranks of the same armed
forces who, as far as possible, speak the same language, shall be assigned in
sufficient numbers, account being taken of the rank of officers and prisoners
of equivalent status. Such orderlies shall not be required to perform any
other
work.
Supervision of the mess by the officers themselves shall be facilitated in
every way.
Article 45
Prisoners of war other than officers and prisoners of equivalent status shall
be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in
every way.
CHAPTER VIII-TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP
Article 46
The Detaining Power, when deciding upon the transfer of prisoners of war,
shall
take into account the interests of the prisoners themselves, more especially
so
as not to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in
conditions not less favourable than those under which the forces of the
Detaining Power are transferred. Account shall always be taken of the
climatic
conditions to which the prisoners of war are accustomed and the conditions of
transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with
sufficient food and drinking water to keep them in good health, likewise with
the necessary clothing, shelter and medical attention. The Detaining Power
shall take adequate precautions especially in case of transport by sea or by
air, to ensure their safety during transfer, and shall draw up a complete
list
of all transferred prisoners before their departure.
Article 47
Sick or wounded prisoners of war shall not be transferred as long as their
recovery may be endangered by the journey, unless their safety imperatively
demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said
camp shall not be transferred unless their transfer can be carried out in
adequate conditions of safety, or unless they are exposed to greater risks by
remaining on the spot than by being transferred.
Article 48
In the event of transfer, prisoners of war shall be officially advised of
their
departure and of their new postal address. Such notifications shall be given
in
time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited, if the conditions of transfer so require, to what
each
prisoner can reasonably carry, which shall in no case be more than
twenty-five
kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them
without delay. The camp commander shall take, in agreement with the
prisoners'
representative, any measures needed to ensure the transport of the prisoners'
community property and of the luggage they are unable to take with them in
consequence of restrictions imposed by virtue of the second paragraph of this
Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III-LABOUR OF PRISONERS OF WAR
Article 49
The Detaining Power may utilize the labour of prisoners of war who are
physically fit, taking into account their age, sex, rank and physical
aptitude,
and with a view particularly to maintaining them in a good state of physical
and mental health.
Non-commissioned officers who are prisoners of war shall only be required to
do
supervisory work. Those not so required may ask for other suitable work which
shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall
be
found for them, so far as possible, but they may in no circumstances be
compelled to work.
Article 50
Besides work connected with camp administration, installation or maintenance,
prisoners of war may be compelled to do only such work as is included in the
following classes:
(a)agriculture;
(b)industries connected with the production or the extraction of raw
materials,
and manufacturing industries, with the exception of metallurgical, machinery
and chemical industries; public works and building operations which have no
military character or purpose;
(c)transport and handling of stores which are not military in character or
purpose;
(d)commercial business, and arts and crafts;
(e)domestic service;
(f)public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall be allowed
to
exercise their right of complaint, in conformity with Article 78.
Article 51
Prisoners of war must be granted suitable working conditions, especially as
regards accommodation, food, clothing and equipment; such conditions shall
not
be inferior to those enjoyed by nationals of the Detaining Power employed in
similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall
ensure
that in areas in which such prisoners are employed, the national legislation
concerning the protection of labour, and, more particularly, the regulations
for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of
protection suitable to the work they will have to do and similar to those
accorded to the nationals of the Detaining Power. Subject to the provisions
of
Article 52, prisoners may be submitted to the normal risks run by these
civilian workers.
Conditions of labour shall in no case be rendered more arduous by
disciplinary
measures.
Article 52
Unless he be a volunteer, no prisoner of war may be employed on labour which
is
of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as
humiliating for a member of the Detaining Power's own forces.
The removal of mines or similar devices shall be considered as dangerous
labour.
Article 53
The duration of the daily labour of prisoners of war, including the time of
the
journey to and fro, shall not be excessive, and must in no case exceed that
permitted for civilian workers in the district, who are nationals of the
Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day's work, a rest of
not less than one hour. This rest will be the same as that to which workers
of
the Detaining Power are entitled, if the latter is of longer duration. They
shall be allowed in addition a rest of twenty-four consecutive hours every
week, preferably on Sunday or the day of rest in their country of origin.
Furthermore, every prisoner who has worked for one year shall be granted a
rest
of eight consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the
working
period shall not be rendered excessive thereby.
Article 54
The working pay due to prisoners of war shall be fixed in accordance with the
provisions of Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who
contract
a disease in the course, or in consequence of their work, shall receive all
the
care their condition may require. The Detaining Power shall furthermore
deliver
to such prisoners of war a medical certificate enabling them to submit their
claims to the Power on which they depend, and shall send a duplicate to the
Central Prisoners of War Agency provided for in Article 123.
Article 55
The fitness of prisoners of war for work shall be periodically verified by
medical examinations at least once a month. The examinations shall have
particular regard to the nature of the work which prisoners of war are
required
to do.
If any prisoner of war considers himself incapable of working, he shall be
permitted to appear before the medical authorities of his camp. Physicians or
surgeons may recommend that the prisoners who are, in their opinion, unfit
for
work, be exempted therefrom.
Article 56
The organization and administration of labour detachments shall be similar to
those of prisoner of war camps.
Every labour detachment shall remain under the control of and
administratively
part of a prisoner of war camp. The military authorities and the commander of
the said camp shall be responsible, under the direction of their government,
for the observance of the provisions of the present Convention in labour
detachments.
The camp commander shall keep an up-to-date record of the labour detachments
dependent on his camp, and shall communicate it to the delegates of the
Protecting Power, of the International Committee of the Red Cross, or of
other
agencies giving relief to prisoners of war, who may visit the camp.
Article 57
The treatment of prisoners of war who work for private persons, even if the
latter are responsible for guarding and protecting them, shall not be
inferior
to that which is provided for by the present Convention. The Detaining Power,
the military authorities and the commander of the camp to which such
prisoners
belong shall be entirely responsible for the maintenance, care, treatment,
and
payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with
the
prisoners' representatives in the camps on which they depend.
SECTION IV-FINANCIAL RESOURCES OF PRISONERS OF WAR
Article 58
Upon the outbreak of hostilities, and pending an arrangement on this matter
with the Protecting Power, the Detaining Power may determine the maximum
amount
of money in cash or in any similar form, that prisoners may have in their
possession. Any amount in excess, which was properly in their possession and
which has been taken or withheld from them, shall be placed to their account,
together with any monies deposited by them, and shall not be converted into
any
other currency without their consent.
If prisoners of war are permitted to purchase services or commodities outside
the camp against payment in cash, such payments shall be made by the prisoner
himself or by the camp administration who will charge them to the accounts of
the prisoners concerned. The Detaining Power will establish the necessary
rules
in this respect.
Article 59
Cash which was taken from prisoners of war, in accordance with Article 18, at
the time of their capture, and which is in the currency of the Detaining
Power,
shall be placed to their separate accounts, in accordance with the provisions
of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of
sums in other currencies that are taken from the prisoners of war at the same
time, shall also be credited to their separate accounts.
Article 60
The Detaining Power shall grant all prisoners of war a monthly advance of
pay,
the amount of which shall be fixed by conversion, into the currency of the
said
Power, of the following amounts:
Category I: Prisoners ranking below sergeants: eight Swiss francs.
Category II: Sergeants and other non-commissioned officers, or prisoners of
equivalent rank: twelve Swiss francs.
Category III:Warrant officers and commissioned officers below the rank of
major or prisoners of equivalent rank: fifty Swiss francs.
Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent
rank: sixty Swiss francs.
Category V:General officers or prisoners of war of equivalent
rank:seventy-five
Swiss francs.
However, the Parties to the conflict concerned may by special agreement
modify
the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be
unduly high compared with the pay of the Detaining Power's armed forces or
would, for any reason, seriously embarrass the Detaining Power, then, pending
the conclusion of a special agreement with the Power on which the prisoners
depend to vary the amounts indicated above, the Detaining Power:
(a)shall continue to credit the accounts of the prisoners with the amounts
indicated in the first paragraph above;
(b)may temporarily limit the amount made available from these advances of pay
to prisoners of war for their own use, to sums which are reasonable, but
which,
for Category I, shall never be inferior to the amount that the Detaining
Power
gives to the members of its own armed forces.
The reasons for any limitation will be given without delay to the Protecting
Power.
Article 61
The Detaining Power shall accept for distribution as supplementary pay to
prisoners of war sums which the Power on which the prisoners depend may
forward
to them, on condition that the sums to be paid shall be the same for each
prisoner of the same category, shall be payable to all prisoners of that
category depending on that Power, and shall be placed in their separate
accounts, at the earliest opportunity, in accordance with the provisions of
Article 64. Such supplementary pay shall not relieve the Detaining Power of
any
obligation under this Convention.
Article 62
Prisoners of war shall be paid a fair working rate of pay by the detaining
authorities direct. The rate shall be fixed by the said authorities, but
shall
at no time be less than one-fourth of one Swiss franc for a full working day.
The Detaining Power shall inform prisoners of war, as well as the Power on
which they depend, through the intermediary of the Protecting Power, of the
rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners
of
war permanently detailed to duties or to a skilled or semi-skilled occupation
in connection with the administration, installation or maintenance of camps,
and to the prisoners who are required to carry out spiritual or medical
duties
on behalf of their comrades.
The working pay of the prisoners' representative, of his advisers, if any,
and
of his assistants, shall be paid out of the fund maintained by canteen
profits.
The scale of this working pay shall be fixed by the prisoners' representative
and approved by the camp commander. If there is no such fund, the detaining
authorities shall pay these prisoners a fair working rate of pay.
Article 63
Prisoners of war shall be permitted to receive remittances of money addressed
to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his
account as provided for in the following Article, within the limits fixed by
the Detaining Power, which shall make such payments as are requested. Subject
to financial or monetary restrictions which the Detaining Power regards as
essential, prisoners of war may also have payments made abroad. In this case
payments addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend,
prisoners may have payments made in their own country, as follows: the
Detaining Power shall send to the aforesaid Power through the Protecting
Power,
a notification giving all the necessary particulars concerning the prisoners
of
war, the beneficiaries of the payments, and the amount of the sums to be
paid,
expressed in the Detaining Power's currency. The said notification shall be
signed by the prisoners and countersigned by the camp commander. The
Detaining
Power shall debit the prisoners' account by a corresponding amount; the sums
thus debited shall be placed by it to the credit of the power on which the
prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult
the
Model Regulations in Annex V of the present Convention.
Article 64
The Detaining Power shall hold an account for each prisoner of war, showing
at
least the following:
(1)The amounts due to the prisoner or received by him as advances of pay, as
working pay or derived from any other source; the sums in the currency of the
Detaining Power which were taken from him; the sums taken from him and
converted at his request into the currency of the said Power.
(2)The payments made to the prisoner in cash, or in any other similar form;
the
payments made on his behalf and at his request; the sums transferred under
Article 63, third paragraph.
Article 65
Every item entered in the account of a prisoner of war shall be countersigned
or initialled by him, or by the prisoners' representative acting on his
behalf.
Prisoners of war shall at all times be afforded reasonable facilities for
consulting and obtaining copies of their accounts, which may likewise be
inspected by the representatives of the Protecting Powers at the time of
visits
to the camp.
When prisoners of war are transferred from one camp to another, their
personal
accounts will follow them. In case of transfer from one Detaining Power to
another, the monies which are their property and are not in the currency of
the
Detaining Power will follow them. They shall be given certificates for any
other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at
specific intervals through the Protecting Power, the amount of the accounts
of
the prisoners of war.
Article 66
On the termination of captivity, through the release of a prisoner of war or
his repatriation, the Detaining Power shall give him a statement, signed by
an
authorized officer of that Power, showing the credit balance then due to him.
The Detaining Power shall also send through the Protecting Power to the
government upon which the prisoner of war depends, lists giving all
appropriate
particulars of all prisoners of war whose captivity has been terminated by
repatriation, release, escape, death or any other means, and showing the
amount
of their credit balances. Such lists shall be certified on each sheet by an
authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement
between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for
settling with him any credit balance due to him from the Detaining Power on
the
termination of his captivity.
Article 67
Advances of pay, issued to prisoners of war in conformity with Article 60,
shall be considered as made on behalf of the Power on which they depend. Such
advances of pay, as well as all payments made by the said Power under Article
63, third paragraph, and Article 68, shall form the subject of arrangements
between the Powers concerned, at the close of hostilities.
Article 68
Any claim by a prisoner of war for compensation in respect of any injury or
other disability arising out of work shall be referred to the Power on which
he
depends, through the Protecting Power. In accordance with Article 54, the
Detaining Power will, in all cases, provide the prisoner of war concerned
with
a statement showing the nature of the injury or disability, the circumstances
in which it arose and particulars of medical or hospital treatment given for
it. This statement will be signed by a responsible officer of the Detaining
Power and the medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal
effects
monies or valuables impounded by the Detaining Power under Article 18 and not
forthcoming on his repatriation, or in respect of loss alleged to be due to
the
fault of the Detaining Power or any of its servants, shall likewise be
referred
to the Power on which he depends. Nevertheless, any such personal effects
required for use by the prisoners of war whilst in captivity shall be
replaced
at the expense of the Detaining Power. The Detaining Power will, in all
cases,
provide the prisoner of war with a statement, signed by a responsible
officer,
showing all available information regarding the reasons why such effects,
monies or valuables have not been restored to him. A copy of this statement
will be forwarded to the Power on which he depends through the Central
Prisoners of War Agency provided for in Article 123.
SECTION V-RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
Article 69
Immediately upon prisoners of war falling into its power, the Detaining Power
shall inform them and the Powers on which they depend, through the Protecting
Power, of the measures taken to carry out the provisions of the present
Section. They shall likewise inform the parties concerned of any subsequent
modifications of such measures.
Article 70
Immediately upon capture, or not more than one week after arrival at a camp,
even if it is a transit camp, likewise in case of sickness or transfer to
hospital or to another camp, every prisoner of war shall be enabled to write
direct to his family, on the one hand, and to the Central Prisoners of War
Agency provided for in Article 123, on the other hand, a card similar, if
possible, to the model annexed to the present Convention, informing his
relatives of his capture, address and state of health. The said cards shall
be
forwarded as rapidly as possible and may not be delayed in any manner.
Article 71
Prisoners of war shall be allowed to send and receive letters and cards. If
the
Detaining Power deems it necessary to limit the number of letters and cards
sent by each prisoner of war, the said number shall not be less than two
letters and four cards monthly, exclusive of the capture cards provided for
in
Article 70, and conforming as closely as possible to the models annexed to
the
present Convention. Further limitations may be imposed only if the Protecting
Power is satisfied that it would be in the interests of the prisoners of war
concerned to do so owing to difficulties of translation caused by the
Detaining
Power's inability to find sufficient qualified linguists to carry out the
necessary censorship. If limitations must be placed on the correspondence
addressed to prisoners of war, they may be ordered only by the Power on which
the prisoners depend, possibly at the request of the Detaining Power. Such
letters and cards must be conveyed by the most rapid method at the disposal
of
the Detaining Power; they may not be delayed or retained for disciplinary
reasons.
Prisoners of war who have been without news for a long period, or who are
unable to receive news from their next of kin or to give them news by the
ordinary postal route, as well as those who are at a great distance from
their
homes, shall be permitted to send telegrams, the fees being charged against
the
prisoners of war's accounts with the Detaining Power or paid in the currency
at
their disposal. They shall likewise benefit by this measure in cases of
urgency.
As a general rule, the correspondence of prisoners of war shall be written in
their native language. The Parties to the conflict may allow correspondence
in
other languages.
Sacks containing prisoner of war mail must be securely sealed and labelled so
as clearly to indicate their contents, and must be addressed to offices of
destination.
Article 72
Prisoners of war shall be allowed to receive by post or by any other means
individual parcels or collective shipments containing, in particular,
foodstuffs, clothing, medical supplies and articles of a religious,
educational
or recreational character which may meet their needs, including books,
devotional articles, scientific equipment, examination papers, musical
instruments, sports outfits and materials allowing prisoners of war to pursue
their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those
proposed
by the Protecting Power in the interest of the prisoners themselves, or by
the
International Committee of the Red Cross or any other organization giving
assistance to the prisoners, in respect of their own shipments only, on
account
of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief
shall, if necessary, be the subject of special agreements between the Powers
concerned, which may in no case delay the receipt by the prisoners of relief
supplies. Books may not be included in parcels of clothing and foodstuffs.
Medical supplies shall, as a rule, be sent in collective parcels.
Article 73
In the absence of special agreements between the Powers concerned on the
conditions for the receipt and distribution of collective relief shipments,
the
rules and regulations concerning collective shipments, which are annexed to
the
present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right
of
prisoners' representatives to take possession of collective relief shipments
intended for prisoners of war, to proceed to their distribution or to dispose
of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the
Protecting Power, the International Committee of the Red Cross or any other
organization giving assistance to prisoners of war and responsible for the
forwarding of collective shipments, to supervise their distribution to the
recipients.
Article 74
All relief shipments for prisoners of war shall be exempt from import,
customs
and other dues.
Correspondence, relief shipments and authorized remittances of money
addressed
to prisoners of war or despatched by them through the post office, either
direct or through the Information Bureaux provided for in Article 122 and the
Central Prisoners of War Agency provided for in Article 123, shall be exempt
from any postal dues, both in the countries of origin and destination, and in
intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the
post office by reason of weight or for any other cause, the cost of
transportation shall be borne by the Detaining Power in all the territories
under its control. The other Powers party to the Convention shall bear the
cost
of transport in their respective territories.
In the absence of special agreements between the Parties concerned, the costs
connected with transport of such shipments, other than costs covered by the
above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible,
the
rates charged for telegrams sent by prisoners of war, or addressed to them.
Article 75
Should military operations prevent the Powers concerned from fulfilling their
obligation to assure the transport of the shipments referred to in Articles
70,
71, 72 and 77, the Protecting Powers concerned, the International Committee
of
the Red Cross or any other organization duly approved by the Parties to the
conflict may undertake to ensure the conveyance of such shipments by suitable
means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavour to supply them with
such
transport and to allow its circulation, especially by granting the necessary
safe-conducts.
Such transport may also be used to convey:
(a)correspondence, lists and reports exchanged between the Central
Information
Agency referred to in Article 123 and the National Bureaux referred to in
Article 122;
(b)correspondence and reports relating to prisoners of war which the
Protecting
Powers, the International Committee of the Red Cross or any other body
assisting the prisoners, exchange either with their own delegates or with the
Parties to the conflict.
These provisions in no way detract from the right of any Party to the
conflict
to arrange other means of transport, if it should so prefer, nor preclude the
granting of safe-conducts, under mutually agreed conditions, to such means of
transport.
In the absence of special agreements, the costs occasioned by the use of such
means of transport shall be borne proportionally by the Parties to the
conflict
whose nationals are benefited thereby.
Article 76
The censoring of correspondence addressed to prisoners of war or despatched
by
them shall be done as quickly as possible. Mail shall be censored only by the
despatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be
carried out under conditions that will expose the goods contained in them to
deterioration; except in the case of written or printed matter, it shall be
done in the presence of the addressee, or of a fellow-prisoner duly delegated
by him. The delivery to prisoners of individual or collective consignments
shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either
for military or political reasons, shall be only temporary and its duration
shall be as short as possible.
Article 77
The Detaining Powers shall provide all facilities for the transmission,
through
the Protecting Power or the Central Prisoners of War Agency provided for in
Article 123, of instruments, papers or documents intended for prisoners of
war
or despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such
documents on behalf of prisoners of war; in particular, they shall allow them
to consult a lawyer and shall take what measures are necessary for the
authentication of their signatures.
SECTION VI-RELATIONS BETWEEN PRISONERS OF
WAR AND THE AUTHORITIES CHAPTER I-COMPLAINTS OF PRISONERS OF WAR RESPECTING
THE
CONDITIONS OF CAPTIVITY
Article 78
Prisoners of war shall have the right to make known to the military
authorities
in whose power they are, their requests regarding the conditions of captivity
to which they are subjected.
They shall also have the unrestricted right to apply to the representatives
of
the Protecting Powers either through their prisoners' representative or, if
they consider it necessary, direct, in order to draw their attention to any
points on which they may have complaints to make regarding their conditions
of
captivity.
These requests and complaints shall not be limited nor considered to be a
part
of the correspondence quota referred to in Article 71. They must be
transmitted
immediately. Even if they are recognized to be unfounded, they may not give
rise to any punishment.
Prisoners' representatives may send periodic reports on the situation in the
camps and the needs of the prisoners of war to the representatives of the
Protecting Powers.
CHAPTER II-PRISONER OF WAR REPRESENTATIVES
Article 79
In all places where there are prisoners of war, except in those where there
are
officers, the prisoner shall freely elect by secret ballot, every six months,
and also in case of vacancies, prisoners' representatives entrusted with
representing them before the military authorities, the Protecting Powers, the
International Committee of the Red Cross and any other organization which may
assist them. These prisoners' representatives shall be eligible for
re-election.
In camps for officers and persons of equivalent status or in mixed camps, the
senior officer among the prisoners of war shall be recognized as the camp
prisoners' representative. In camps for officers, he shall be assisted by one
or more advisers chosen by the officers; in mixed camps, his assistants shall
be chosen from among the prisoners of war who are not officers and shall be
elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour
camps for prisoners of war, for the purpose of carrying out the camp
administration duties for which the prisoners of war are responsible. These
officers may be elected as prisoners' representatives under the first
paragraph
of this Article. In such a case the assistants to the prisoners'
representatives shall be chosen from among those prisoners of war who are not
officers.
Every representative elected must be approved by the Detaining Power before
he
has the right to commence his duties. Where the Detaining Power refuses to
approve a prisoner of war elected by his fellow prisoners of war, it must
inform the Protecting Power of the reason for such refusal.
In all cases the prisoners' representative must have the same nationality,
language and customs as the prisoners of war whom he represents. Thus,
prisoners of war distributed in different sections of a camp, according to
their nationality, language or customs, shall have for each section their own
prisoners' representative, in accordance with the foregoing paragraphs.
Article 80
Prisoners' representatives shall further the physical, spiritual and
intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a
system of mutual assistance, this organization will be within the province of
the prisoners' representative, in addition to the special duties entrusted to
him by other provisions of the present Convention.
Prisoners' representatives shall not be held responsible, simply by reason of
their duties, for any offences committed by prisoners of war.
Article 81
Prisoners' representatives shall not be required to perform any other work,
if
the accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners such
assistants as they may require. All material facilities shall be granted
them,
particularly a certain freedom of movement necessary for the accomplishment
of
their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where
prisoners
of war are detained, and every prisoner of war shall have the right to
consult
freely his prisoners' representative.
All facilities shall likewise be accorded to the prisoners' representatives
for
communication by post and telegraph with the detaining authorities, the
Protecting Powers, the International Committee of the Red Cross and their
delegates, the Mixed Medical Commissions and the bodies which give assistance
to prisoners of war. Prisoners' representatives of labour detachments shall
enjoy the same facilities for communication with the prisoners'
representatives
of the principal camp. Such communications shall not be restricted, nor
considered as forming a part of the quota mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed a reasonable
time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the
Protecting Power.
CHAPTER III-PENAL AND DISCIPLINARY SANCTIONS
I. General Provisions
Article 82
A prisoner of war shall be subject to the laws, regulations and orders in
force
in the armed forces of the Detaining Power; the Detaining Power shall be
justified in taking judicial or disciplinary measures in respect of any
offence
committed by a prisoner of war against such laws, regulations or orders.
However, no proceedings or punishments contrary to the provisions of this
Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts
committed by a prisoner of war to be punishable, whereas the same acts would
not be punishable if committed by a member of the forces of the Detaining
Power, such acts shall entail disciplinary punishments only.
Article 83
In deciding whether proceedings in respect of an offence alleged to have been
committed by a prisoner of war shall be judicial or disciplinary, the
Detaining
Power shall ensure that the competent authorities exercise the greatest
leniency and adopt, wherever possible, disciplinary rather than judicial
measures.
Article 84
A prisoner of war shall be tried only by a military court, unless the
existing
laws of the Detaining Power expressly permit the civil courts to try a member
of the armed forces of the Detaining Power in respect of the particular
offence
alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of
any
kind which does not offer the essential guarantees of independence and
impartiality as generally recognized, and, in particular, the procedure of
which does not afford the accused the rights and means of defence provided
for
in Article 105.
Article 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts
committed prior to capture shall retain, even if convicted, the benefits of
the
present Convention.
Article 86
No prisoner of war may be punished more than once for the same act or on the
same charge.
Article 87
Prisoners of war may not be sentenced by the military authorities and courts
of
the Detaining Power to any penalities except those provided for in respect of
members of the armed forces of the said Power who have committed the same
acts.
When fixing the penalty, the courts or authorities of the Detaining Power
shall
take into consideration, to the widest extent possible, the fact that the
accused, not being a national of the Detaining Power, is not bound to it by
any
duty of allegiance, and that he is in its power as the result of
circumstances
independent of his own will. The said courts or authorities shall be at
liberty
to reduce the penalty provided for the violation of which the prisoner of war
is accused, and shall therefore not be bound to apply the minimum penalty
prescribed.
Collective punishment for individual acts, corporal punishment, imprisonment
in
premises without daylight and, in general, any form of torture or cruelty,
are
forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or
prevented from wearing his badges.
Article 88
Officers, non-commissioned officers and men who are prisoners of war
undergoing
a disciplinary or judicial punishment, shall not be subjected to more severe
treatment than that applied in respect of the same punishment to members of
the
armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment
more
severe, or treated whilst undergoing punishment more severely, than a woman
member of the armed forces of the Detaining Power dealt with for a similar
offence.
In no case may a woman prisoner of war be awarded or sentenced to a
punishment
more severe, or treated whilst undergoing punishment more severely, than a
male
member of the armed forces of the Detaining Power dealt with for a similar
offence.
Prisoners of war who have served disciplinary or judicial sentences may not
be
treated differently from other prisoners of war.
II. Disciplinary Sanctions
Article 89
The disciplinary punishments applicable to prisoners of war are the
following:
(1)A fine which shall not exceed 50 per cent of the advances of pay and
working
pay which the prisoner of war would otherwise receive under the provisions of
Articles 60 and 62 during a period of not more than thirty days.
(2)Discontinuance of privileges granted over and above the treatment provided
for by the present Convention.
(3)Fatigue duties not exceeding two hours daily.
(4)Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to
the health of prisoners of war.
Article 90
The duration of any single punishment shall in no case exceed thirty days.
Any
period of confinement awaiting the hearing of a disciplinary offence or the
award of disciplinary punishment shall be deducted from an award pronounced
against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the
prisoner of war is answerable for several acts at the same time when he is
awarded punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and
its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period
of at least three days shall elapse between the execution of any two of the
punishments, if the duration of one of these is ten days or more.
Article 91
The escape of a prisoner of war shall be deemed to have succeeded when:
(1)he has joined the armed forces of the Power on which he depends, or those
of
an allied Power;
(2)he has left the territory under the control of the Detaining Power, or of
an
ally of the said Power;
(3)he has joined a ship flying the flag of the Power on which he depends, or
of
an allied Power, in the territorial waters of the Detaining Power, the said
ship not being under the control of the last named Power.
Prisoners of war who have made good their escape in the sense of this Article
and who are recaptured, shall not be liable to any punishment in respect of
their previous escape.
Article 92
A prisoner of war who attempts to escape and is recaptured before having made
good his escape in the sense of Article 91 shall be liable only to a
disciplinary punishment in respect of this act, even if it is a repeated
offence.
A prisoner of war who is recaptured shall be handed over without delay to the
competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a
result of an unsuccessful escape may be subjected to special surveillance.
Such
surveillance must not affect the state of their health, must be undergone in
a
prisoner of war camp, and must not entail the suppression of any of the
safeguards granted them by the present Convention.
Article 93
Escape or attempt to escape, even if it is a repeated offence, shall not be
deemed an aggravating circumstance if the prisoner of war is subjected to
trial
by judicial proceedings in respect of an offence committed during his escape
or
attempt to escape.
In conformity with the principle stated in Article 83, offences committed by
prisoners of war with the sole intention of facilitating their escape and
which
do not entail any violence against life or limb, such as offences against
public property, theft without intention of self-enrichment, the drawing up
or
use of false papers, or the wearing of civilian clothing, shall occasion
disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be
liable on this count to disciplinary punishment only.
Article 94
If an escaped prisoner of war is recaptured, the Power on which he depends
shall be notified thereof in the manner defined in Article 122, provided
notification of his escape has been made.
Article 95
A prisoner of war accused of an offence against discipline shall not be kept
in
confinement pending the hearing unless a member of the armed forces of the
Detaining Power would be so kept if he were accused of a similar offence, or
if
it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of
an offence against discipline shall be reduced to an absolute minimum and
shall
not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners
of war who are in confinement awaiting the disposal of offences against
discipline.
Article 96
Acts which constitute offences against discipline shall be investigated
immediately.
Without prejudice to the competence of courts and superior military
authorities, disciplinary punishment may be ordered only by an officer having
disciplinary powers in his capacity as camp commander, or by a responsible
officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised
by
a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given
precise
information regarding the offences of which he is accused, and given an
opportunity of explaining his conduct and of defending himself. He shall be
permitted, in particular, to call witnesses and to have recourse, if
necessary,
to the services of a qualified interpreter. The decision shall be announced
to
the accused prisoner of war and to the prisoners' representative.
A record of disciplinary punishments shall be maintained by the camp
commander
and shall be open to inspection by representatives of the Protecting Power.
Article 97
Prisoners of war shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to undergo
disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to
the sanitary requirements set forth in Article 25. A prisoner of war
undergoing
punishment shall be enabled to keep himself in a state of cleanliness, in
conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same
quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined
in
separate quarters from male prisoners of war and shall be under the immediate
supervision of women.
Article 98
A prisoner of war undergoing confinement as a disciplinary punishment, shall
continue to enjoy the benefits of the provisions of this Convention except in
so far as these are necessarily rendered inapplicable by the mere fact that
he
is confined. In no case may he be deprived of the benefits of the provisions
of
Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the
prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise
and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical
inspections. They shall receive the attention which their state of health
requires and, if necessary, shall be removed to the camp infirmary or to a
hospital.
They shall have permission to read and write, likewise to send and receive
letters. Parcels and remittances of money however, may be withheld from them
until the completion of the punishment; they shall meanwhile be entrusted to
the prisoners' representative, who will hand over to the infirmary the
perishable goods contained in such parcels.
III. Judicial Proceedings
Article 99
No prisoner of war may be tried or sentenced for an act which is not
forbidden
by the law of the Detaining Power or by international law, in force at the
time
the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to
induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to
present his defence and the assistance of a qualified advocate or counsel.
Article 100
Prisoners of war and the Protecting Powers shall be informed as soon as
possible of the offences which are punishable by the death sentence under the
laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty
without the concurrence of the Power upon which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the
attention of the court has, in accordance with Article 87, second paragraph,
been particularly called to the fact that since the accused is not a national
of the Detaining Power, he is not bound to it by any duty of allegiance, and
that he is in its power as the result of circumstances independent of his own
will.
Article 101
If the death penalty is pronounced on a prisoner of war, the sentence shall
not
be executed before the expiration of a period of at least six months from the
date when the Protecting Power receives, at an indicated address, the
detailed
communication provided for in Article 107.
Article 102
A prisoner of war can be validly sentenced only if the sentence has been
pronounced by the same courts according to the same procedure as in the case
of
members of the armed forces of the Detaining Power, and if, furthermore, the
provisions of the present Chapter have been observed.
Article 103
Judicial investigations relating to a prisoner of war shall be conducted as
rapidly as circumstances permit and so that his trial shall take place as
soon
as possible. A prisoner of war shall not be confined while awaiting trial
unless a member of the armed forces of the Detaining Power would be so
confined
if he were accused of a similar offence, or if it is essential to do so in
the
interests of national security. In no circumstances shall this confinement
exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be
deducted from any sentence of imprisonment passed upon him and taken into
account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a
prisoner
of war whilst in confinement awaiting trial.
Article 104
In any case in which the Detaining Power has decided to institute judicial
proceedings against a prisoner of war, it shall notify the Protecting Power
as
soon as possible and at least three weeks before the opening of the trial.
This
period of three weeks shall run as from the day on which such notification
reaches the Protecting Power at the address previously indicated by the
latter
to the Detaining Power.
The said notification shall contain the following information:
(1)Surname and first names of the prisoner of war, his rank, his army,
regimental, personal or serial number, his date of birth, and his profession
or
trade, if any;
(2)Place of internment or confinement;
(3)Specification of the charge or charges on which the prisoner of war is to
be
arraigned, giving the legal provisions applicable;
(4)Designation of the court which will try the case, likewise the date and
place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners'
representative.
If no evidence is submitted, at the opening of a trial, that the notification
referred to above was received by the Protecting Power, by the prisoner of
war
and by the prisoners' representative concerned, at least three weeks before
the
opening of the trial, then the latter cannot take place and must be
adjourned.
Article 105
The prisoner of war shall be entitled to assistance by one of his prisoner
comrades, to defence by a qualified advocate or counsel of his own choice, to
the calling of witnesses and, if he deems necessary, to the services of a
competent interpreter. He shall be advised of these rights by the Detaining
Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him
an
advocate or counsel, and shall have at least one week at its disposal for the
purpose. The Detaining Power shall deliver to the said Power, on request, a
list of persons qualified to present the defence. Failing a choice of an
advocate or counsel by the prisoner of war or the Protecting Power, the
Detaining Power shall appoint a competent advocate or counsel to conduct the
defence.
The advocate or counsel conducting the defence on behalf of the prisoner of
war
shall have at his disposal a period of two weeks at least before the opening
of
the trial, as well as the necessary facilities to prepare the defence of the
accused. He may, in particular, freely visit the accused and interview him in
private. He may also confer with any witnesses for the defence, including
prisoners of war. He shall have the benefit of these facilities until the
term
of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be
arraigned, as well as the documents which are generally communicated to the
accused by virtue of the laws in force in the armed forces of the Detaining
Power, shall be communicated to the accused prisoner of war in a language
which
he understands, and in good time before the opening of the trial. The same
communication in the same circumstances shall be made to the advocate or
counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the
trial of the case, unless, exceptionally, this is held in camera in the
interest of State security. In such a case the Detaining Power shall advise
the
Protecting Power accordingly.
Article 106
Every prisoner of war shall have, in the same manner as the members of the
armed forces of the Detaining Power, the right of appeal or petition from any
sentence pronounced upon him, with a view to the quashing or revising of the
sentence or the reopening of the trial. He shall be fully informed of his
right
to appeal or petition and of the time limit within which he may do so.
Article 107
Any judgment and sentence pronounced upon a prisoner of war shall be
immediately reported to the Protecting Power in the form of a summary
communication, which shall also indicate whether he has the right of appeal
with a view to the quashing of the sentence or the reopening of the trial.
This
communication shall likewise be sent to the prisoners' representative
concerned. It shall also be sent to the accused prisoner of war in a language
he understands, if the sentence was not pronounced in his presence. The
Detaining Power shall also immediately communicate to the Protecting Power
the
decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence
pronounced on a prisoner of war in the first instance is a death sentence,
the
Detaining Power shall as soon as possible address to the Protecting Power a
detailed communication containing:
(1)the precise wording of the finding and sentence;
(2)a summarized report of any preliminary investigation and of the trial,
emphasising in particular the elements of the prosecution and the defence;
(3)notification, where applicable, of the establishment where the sentence
will
be served.
The communications provided for in the foregoing sub-paragraphs shall be sent
to the Protecting Power at the address previously made known to the Detaining
Power.
Article 108
Sentences pronounced on prisoners of war after a conviction has become duly
enforceable, shall be served in the same establishments and under the same
conditions as in the case of members of the armed forces of the Detaining
Power. These conditions shall in all cases conform to the requirements of
health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be
confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their
liberty shall retain the benefit of the provisions of Articles 78 and 126 of
the present Convention. Furthermore, they shall be entitled to receive and
despatch correspondence, to receive at least one relief parcel monthly, to
take
regular exercise in the open air, to have the medical care required by their
state of health, and the spiritual assistance they may desire. Penalties to
which they may be subjected shall be in accordance with the provisions of
Article 87, third paragraph.
PART IV-TERMINATION OF CAPTIVITY SECTION I-DIRECT
REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
Article 109
Subject to the provisions of the third paragraph of this Article, Parties to
the conflict are bound to send back to their own country, regardless of
number
or rank, seriously wounded and seriously sick prisoners of war, after having
cared for them until they are fit to travel, in accordance with the first
paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall
endeavour, with the cooperation of the neutral Powers concerned, to make
arrangements for the accommodation in neutral countries of the sick and
wounded
prisoners of war referred to in the second paragraph of the following
Article.
They may, in addition, conclude agreements with a view to the direct
repatriation or internment in a neutral country of able-bodied prisoners of
war
who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the
first paragraph of this Article, may be repatriated against his will during
hostilities.
Article 110
The following shall be repatriated direct:
(1)Incurably wounded and sick whose mental or physical fitness seems to have
been gravely diminished.
(2)Wounded and sick who, according to medical opinion, are not likely to
recover within one year, whose condition requires treatment and whose mental
or
physical fitness seems to have been gravely diminished.
(3)Wounded and sick who have recovered, but whose mental or physical fitness
seems to have been gravely and permanently diminished.
The following may be accommodated in a neutral country:
(1)Wounded and sick whose recovery may be expected within one year of the
date
of the wound or the beginning of the illness, if treatment in a neutral
country
might increase the prospects of a more certain and speedy recovery.
(2)Prisoners of war whose mental or physical health, according to medical
opinion, is seriously threatened by continued captivity, but whose
accommodation in a neutral country might remove such a threat.
The conditions which prisoners of war accommodated in a neutral country must
fulfil in order to permit their repatriation shall be fixed, as shall
likewise
their status, by agreement between the Powers concerned. In general,
prisoners
of war who have been accommodated in a neutral country, and who belong to the
following categories, should be repatriated:
(1)Those whose state of health has deteriorated so as to fulfil the
conditions
laid down for direct repatriation;
(2)Those whose mental or physical powers remain, even after treatment,
considerably impaired.
If no special agreements are concluded between the Parties to the conflict
concerned, to determine the cases of disablement or sickness entailing direct
repatriation or accommodation in a neutral country, such cases shall be
settled
in accordance with the principles laid down in the Model Agreement concerning
direct repatriation and accommodation in neutral countries of wounded and
sick
prisoners of war and in the Regulations concerning Mixed Medical Commissions
annexed to the present Convention.
Article 111
The Detaining Power, the Power on which the prisoners of war depend, and a
neutral Power agreed upon by these two Powers, shall endeavour to conclude
agreements which will enable prisoners of war to be interned in the territory
of the said neutral Power until the close of hostilities.
Article 112
Upon the outbreak of hostilities, Mixed Medical Commissions shall be
appointed
to examine sick and wounded prisoners of war, and to make all appropriate
decisions regarding them. The appointment, duties and functioning of these
Commissions shall be in conformity with the provisions of the Regulations
annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of
the
Detaining Power, are manifestly seriously injured or seriously sick, may be
repatriated without having to be examined by a Mixed Medical Commission.
Article 113
Besides those who are designated by the medical authorities of the Detaining
Power, wounded or sick prisoners of war belonging to the categories listed
below shall be entitled to present themselves for examination by the Mixed
Medical Commissions provided for in the foregoing Article:
(1)Wounded and sick proposed by a physician or surgeon who is of the same
nationality, or a national of a Party to the conflict allied with the Power
on
which the said prisoners depend, and who exercises his functions in the camp.
(2)Wounded and sick proposed by their prisoners' representative.
(3)Wounded and sick proposed by the Power on which they depend, or by an
organization duly recognized by the said Power and giving assistance to the
prisoners.
Prisoners of war who do not belong to one of the three foregoing categories
may
nevertheless present themselves for examination by Mixed Medical Commissions,
but shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present
themselves for examination by the Mixed Medical Commission, likewise the
prisoners' representative of the said prisoners, shall have permission to be
present at the examination.
Article 114
Prisoners of war who meet with accidents shall, unless the injury is
self-inflicted, have the benefit of the provisions of this Convention as
regards repatriation or accommodation in a neutral country.
Article 115
No prisoner of war on whom a disciplinary punishment has been imposed and who
is eligible for repatriation or for accommodation in a neutral country, may
be
kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judical prosecution or
conviction and who are designated for repatriation or accommodation in a
neutral country, may benefit by such measures before the end of the
proceedings
or the completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those
who
will be detained until the end of the proceedings or the completion of the
punishment.
Article 116
The costs of repatriating prisoners of war or of transporting them to a
neutral
country shall be borne, from the frontiers of the Detaining Power, by the
Power
on which the said prisoners depend.
Article 117
No repatriated person may be employed on active military service.
SECTION II-RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF
HOSTILITIES
Article 118
Prisoners of war shall be released and repatriated without delay after the
cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded
between the Parties to the conflict with a view to the cessation of
hostilities, or failing any such agreement, each of the Detaining Powers
shall
itself establish and execute without delay a plan of repatriation in
conformity
with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the
prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably
apportioned between the Detaining Power and the Power on which the prisoners
depend. This apportionment shall be carried out on the following basis:
(a)If the two Powers are contiguous, the Power on which the prisoners of war
depend shall bear the costs of repatriation from the frontiers of the
Detaining
Power.
(b)If the two Powers are not contiguous, the Detaining Power shall bear the
costs of transport of prisoners of war over its own territory as far as its
frontier or its port of embarkation nearest to the territory of the Power on
which the prisoners of war depend. The Parties concerned shall agree between
themselves as to the equitable apportionment of the remaining costs of the
repatriation. The conclusion of this agreement shall in no circumstances
justify any delay in the repatriation of the prisoners of war.
Article 119
Repatriation shall be effected in conditions similar to those laid down in
Articles 46 to 48 inclusive of the present Convention for the transfer of
prisoners of war, having regard to the provisions of Article 118 and to those
of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under
Article 18, and any foreign currency which has not been converted into the
currency of the Detaining Power, shall be restored to them. Articles of value
and foreign currency which, for any reason whatever, are not restored to
prisoners of war on repatriation, shall be despatched to the Information
Bureau
set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects,
and
any correspondence and parcels which have arrived for them. The weight of
such
baggage may be limited, if the conditions of repatriation so require, to what
each prisoner can reasonably carry. Each prisoner shall in all cases be
authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the
charge of the Detaining Power which shall have them forwarded to him as soon
as
it has concluded an agreement to this effect, regulating the conditions of
transport and the payment of the costs involved, with the Power on which the
prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence
are pending may be detained until the end of such proceedings, and, if
necessary, until the completion of the punishment. The same shall apply to
prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any
prisoners of war who are detained until the end of the proceedings or until
punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be
established for the purpose of searching for dispersed prisoners of war and
of
assuring their repatriation with the least possible delay.
SECTION III-DEATH OF PRISONERS OF WAR
Article 120
Wills of prisoners of war shall be drawn up so as to satisfy the conditions
of
validity required by the legislation of their country of origin, which will
take steps to inform the Detaining Power of its requirements in this respect.
At the request of the prisoner of war and, in all cases, after death, the
will
shall be transmitted without delay to the Protecting Power; a certified copy
shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists
certified by a responsible officer, of all persons who die as prisoners of
war
shall be forwarded as rapidly as possible to the Prisoner of War Information
Bureau established in accordance with Article 122. The death certificates or
certified lists shall show particulars of identity as set out in the third
paragraph of Article 17, and also the date and place of death, the cause of
death, the date and place of burial and all particulars necessary to identify
the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical
examination of the body with a view to confirming death and enabling a report
to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in
captivity are honourably buried, if possible according to the rites of the
religion to which they belonged, and that their graves are respected,
suitably
maintained and marked so as to be found at any time. Wherever possible,
deceased prisoners of war who depended on the same Power shall be interred in
the same place.
Deceased prisoners of war shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves. Bodies may be
cremated only for imperative reasons of hygiene, on account of the religion
of
the deceased or in accordance with his express wish to this effect. In case
of
cremation, the fact shall be stated and the reasons given in the death
certificate of the deceased.
In order that graves may always be found, all particulars of burials and
graves
shall be recorded with a Graves Registration Service established by the
Detaining Power. Lists of graves and particulars of the prisoners of war
interred in cemeteries and elsewhere shall be transmitted to the Power on
which
such prisoners of war depended. Responsibility for the care of these graves
and
for records of any subsequent moves of the bodies shall rest on the Power
controlling the territory, if a Party to the present Convention. These
provisions shall also apply to the ashes, which shall be kept by the Graves
Registration Service until proper disposal thereof in accordance with the
wishes of the home country.
Article 121
Every death or serious injury of a prisoner of war caused or suspected to
have
been caused by a sentry, another prisoner of war, or any other person, as
well
as any death the cause of which is unknown, shall be immediately followed by
an
official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting
Power. Statements shall be taken from witnesses, especially from those who
are
prisoners of war, and a report including such statements shall be forwarded
to
the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining
Power
shall take all measures for the prosecution of the person or persons
responsible.
PART V-INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR
Article 122
Upon the outbreak of a conflict and in all cases of occupation, each of the
Parties to the conflict shall institute an official Information Bureau for
prisoners of war who are in its power. Neutral or non-belligerent Powers who
may have received within their territory persons belonging to one of the
categories referred to in Article 4, shall take the same action with respect
to
such persons. The Power concerned shall ensure that the Prisoners of War
Information Bureau is provided with the necessary accommodation, equipment
and
staff to ensure its efficient working. It shall be at liberty to employ
prisoners of war in such a Bureau under the conditions laid down in the
Section
of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict
shall
give its Bureau the information referred to in the fourth, fifth and sixth
paragraphs of this Article regarding any enemy person belonging to one of the
categories referred to in Article 4, who has fallen into its power. Neutral
or
non-belligerent Powers shall take the same action with regard to persons
belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means
to the Powers concerned, through the intermediary of the Protecting Powers
and
likewise of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin
concerned. Subject to the provisions of Article 17, the information shall
include, in so far as available to the Information Bureau, in respect of each
prisoner of war, his surname, first names, rank, army, regimental, personal
or
serial number, place and full date of birth, indication of the Power on which
he depends, first name of the father and maiden name of the mother, name and
address of the person to be informed and the address to which correspondence
for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned
information regarding transfers, releases, repatriations, escapes, admissions
to hospital, and deaths, and shall transmit such information in the manner
described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who
are
seriously ill or seriously wounded shall be supplied regularly, every week if
possible.
The Information Bureau shall also be responsible for replying to all
enquiries
sent to it concerning prisoners of war, including those who have died in
captivity; it will make any enquiries necessary to obtain the information
which
is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a
signature or a seal.
The Information Bureau shall furthermore be charged with collecting all
personal valuables, including sums in currencies other than that of the
Detaining Power and documents of importance to the next of kin, left by
prisoners of war who have been repatriated or released, or who have escaped
or
died, and shall forward the said valuables to the Powers concerned. Such
articles shall be sent by the Bureau in sealed packets which shall be
accompanied by statements giving clear and full particulars of the identity
of
the person to whom the articles belonged, and by a complete list of the
contents of the parcel. Other personal effects of such prisoners of war shall
be transmitted under arrangements agreed upon between the Parties to the
conflict concerned.
Article 123
A Central Prisoners of War Information Agency shall be created in a neutral
country. The International Committee of the Red Cross shall, if it deems
necessary, propose to the Powers concerned the organization of such an
Agency.
The function of the Agency shall be to collect all the information it may
obtain through official or private channels respecting prisoners of war, and
to
transmit it as rapidly as possible to the country of origin of the prisoners
of
war or to the Power on which they depend. It shall receive from the Parties
to
the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit
by the services of the Central Agency, are requested to give the said Agency
the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the
humanitarian activities of the International Committee of the Red Cross, or
of
the relief societies provided for in Article 125.
Article 124
The national Information Bureaux and the Central Information Agency shall
enjoy
free postage for mail, likewise all the exemptions provided for in Article
74,
and further, so far as possible, exemption from telegraphic charges or, at
least, greatly reduced rates.
Article 125
Subject to the measures which the Detaining Powers may consider essential to
ensure their security or to meet any other reasonable need, the
representatives
of religious organizations, relief societies, or any other organization
assisting prisoners of war, shall receive from the said Powers, for
themselves
and their duly accredited agents, all necessary facilities for visiting the
prisoners, for distributing relief supplies and material, from any source,
intended for religious, educational or recreative purposes, and for assisting
them in organizing their leisure time within the camps. Such societies or
organizations may be constituted in the territory of the Detaining Power or
in
any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and
under
its supervision, on condition, however, that such limitation shall not hinder
the effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this
field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned
purposes are handed over to prisoners of war, or very shortly afterwards,
receipts for each consignment, signed by the prisoners' representative, shall
be forwarded to the relief society or organization making the shipment. At
the
same time, receipts for these consignments shall be supplied by the
administrative authorities responsible for guarding the prisoners.
PART VI-EXECUTION OF THE CONVENTION SECTION I-GENERAL PROVISIONS
Article 126
Representatives or delegates of the Protecting Powers shall have permission
to
go to all places where prisoners of war may be, particularly to places of
internment, imprisonment and labour, and shall have access to all premises
occupied by prisoners of war; they shall also be allowed to go to the places
of
departure, passage and arrival of prisoners who are being transferred. They
shall be able to interview the prisoners, and in particular the prisoners'
representatives, without witnesses, either personally or through an
interpreter.
Representatives and delegates of the Protecting Powers shall have full
liberty
to select the places they wish to visit. The duration and frequency of these
visits shall not be restricted. Visits may not be prohibited except for
reasons
of imperative military necessity, and then only as an exceptional and
temporary
measure.
The Detaining Power and the Power on which the said prisoners of war depend
may
agree, if necessary, that compatriots of these prisoners of war be permitted
to
participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the
same prerogatives. The appointment of such delegates shall be submitted to
the
approval of the Power detaining the prisoners of war to be visited.
Article 127
The High Contracting Parties undertake, in time of peace as in time of war,
to
disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in
their
programmes of military and, if possible, civil instruction, so that the
principles thereof may become known to all their armed forces and to the
entire
population.
Any military or other authorities, who in time of war assume responsibilities
in respect of prisoners of war, must possess the text of the Convention and
be
specially instructed as to its provisions.
Article 128
The High Contracting Parties shall communicate to one another through the
Swiss
Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and
regulations which they may adopt to ensure the application thereof.
Article 129
The High Contracting Parties undertake to enact any legislation necessary to
provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality,
before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to
another
High Contracting Party concerned, provided such High Contracting Party has
made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than
the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper
trial and defence, which shall not be less favourable than those provided by
Article 105 and those following of the present Convention.
Article 130
Grave breaches to which the preceding Article relates shall be those
involving
any of the following acts, if committed against persons or property protected
by the Convention: wilful killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering or serious injury to
body or health, compelling a prisoner of war to serve in the forces of the
hostile Power, or wilfully depriving a prisoner of war of the rights of fair
and regular trial prescribed in this Convention.
Article 131
No High Contracting Party shall be allowed to absolve itself or any other
High
Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding
Article.
Article 132
At the request of a Party to the conflict, an enquiry shall be instituted, in
a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry,
the
Parties should agree on the choice of an umpire who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties to the conflict shall
put
an end to it and shall repress it with the least possible delay.
SECTION II-FINAL PROVISIONS
Article 133
The present Convention is established in English and in French. Both texts
are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
Article 134
The present Convention replaces the Convention of July 27, 1929, in relations
between the High Contracting Parties.
Article 135
In the relations between the Powers which are bound by the Hague Convention
respecting the Laws and Customs of War on Land, whether that of July 29,
1899,
or that of October 18, 1907, and which are parties to the present Convention,
this last Convention shall be complementary to Chapter II of the Regulations
annexed to the above-mentioned Conventions of the Hague.
Article 136
The present Convention, which bears the date of this day, is open to
signature
until February 12, 1950, in the name of the Powers represented at the
conference which opened at Geneva on April 21, 1949; furthermore, by Powers
not
represented at that Conference, but which are parties to the Convention of
July
27, 1929.
Article 137
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Article 138
The present Convention shall come into force six months after not less than
two
instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months
after the deposit of the instrument of ratification.
Article 139
From the date of its coming into force, it shall be open to any Power in
whose
name the present Convention has not been signed, to accede to this
Convention.
Article 140
Accessions shall be notified in writing to the Swiss Federal Council, and
shall
take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers
in
whose name the Convention has been signed, or whose accession has been
notified.
Article 141
The situations provided for in Articles 2 and 3 shall give immediate effect
to
ratifications deposited and accessions notified by the Parties to the
conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Article 142
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting
Parties.
The denunciation shall take effect one year after the notification thereof
has
been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a
conflict shall not take effect until peace has been concluded, and until
after
operations connected with release and repatriation of the persons protected
by
the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power.
It
shall in no way impair the obligations which the Parties to the conflict
shall
remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the
laws
of humanity and the dictates of the public conscience.
Article 143
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also
inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies
thereof to each of the signatory and acceding States.
(Here follow the signatures and Annexes.)
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SCHEDULE 4
SCH
FOURTH SCHEDULE*2* Section 5
GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN
PERSONS IN TIME OF WAR OF AUGUST 12, 1949
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for
the
purpose of establishing a Convention for the Protection of Civilian Persons
in
Time of War, have agreed as follows:
PART I-GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for
the
present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the
present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation
of
the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in
their mutual relations. They shall furthermore be bound by the Convention in
relation to the said Power, if the latter accepts and applies the provisions
thereof.
Article 3
In the case of armed conflict not of an international character occurring in
the territory of one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the following provisions:
(1)Persons taking no active part in the hostilities, including members of
armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances
be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time
and
in any place whatsoever with respect to the above-mentioned persons:
(a)violence to life and person, in particular murder of all kinds,
mutilation,
cruel treatment and torture;
(b)taking of hostages;
(c)outrages upon personal dignity, in particular humiliating and degrading
treatment;
(d)the passing of sentences and the carrying out of executions without
previous
judgment pronounced by a regularly constituted court, affording all the
judicial guarantees which are recognized as indispensable by civilized
peoples.
(2)The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or part of the other provisions of the
present
Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
Article 4
Persons protected by the Convention are those who, at a given moment and in
any
manner whatsoever, find themselves, in case of a conflict or occupation, in
the
hands of a Party to the conflict or Occupying Power of which they are not
nationals.
Nationals of a State which is not bound by the Convention are not protected
by
it. Nationals of a neutral State who find themselves in the territory of a
belligerent State, and nationals of a co-belligerent State, shall not be
regarded as protected persons while the State of which they are nationals has
normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in
Article 13.
Persons protected by the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12,
1949, or by the Geneva Convention for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12,
1949, or by the Geneva Convention relative to the Treatment of Prisoners of
War
of August 12, 1949, shall not be considered as protected persons within the
meaning of the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter is satisfied
that an individual protected person is definitely suspected of or engaged in
activities hostile to the security of the State, such individual person shall
not be entitled to claim such rights and privileges under the present
Convention as would, if exercised in the favour of such individual person, be
prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a
spy
or saboteur, or as a person under definite suspicion of activity hostile to
the
security of the Occupying Power, such person shall, in those cases where
absolute military security so requires, be regarded as having forfeited
rights
of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and
in
case of trial, shall not be deprived of the rights of fair and regular trial
prescribed by the present Convention. They shall also be granted the full
rights and privileges of a protected person under the present Convention at
the
earliest date consistent with the security of the State or Occupying Power,
as
the case may be.
Article 6
The present Convention shall apply from the outset of any conflict or
occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the present
Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention
shall cease one year after the general close of military operations; however,
the Occupying Power shall be bound, for the duration of the occupation, to
the
extent that such Power exercises the functions of government in such
territory,
by the provisions of the following Articles of the present Convention: 1 to
12,
27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establishment may take
place after such dates shall meanwhile continue to benefit by the present
Convention.
Article 7
In addition to the agreements expressly provided for in Articles 11, 14, 15,
17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude
other special agreements for all matters concerning which they may deem it
suitable to make separate provision. No special agreement shall adversely
affect the situation of protected persons, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as
long
as the Convention is applicable to them, except where express provisions to
the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other
of
the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce in part or in entirety the
rights secured to them by the present Convention, and by the special
agreements
referred to in the foregoing Article, if such there be.
Article 9
The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests
of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from
amongst
their own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which they are
to
carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible
the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any
case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties.
Article 10
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of
the Parties to the conflict concerned, undertake for the protection of
civilian
persons and for their relief.
Article 11
The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present
Convention.
When persons protected by the present Convention do not benefit or cease to
benefit, no matter for what reason, by the activities of a Protecting Power
or
of an organization provided for in the first paragraph above, the Detaining
Power shall request a neutral State, or such an organization, to undertake
the
functions performed under the present Convention by a Protecting Power
designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall
request
or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee
of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected
by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions
and
to discharge them impartially.
No derogation from the preceding provisions shall be made by special
agreements
between Powers one of which is restricted, even temporarily, in its freedom
to
negotiate with the other Power or its allies by reason of military events,
more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power,
such
mention applies to substitute organizations in the sense of the present
Article.
The provisions of this Article shall extend and be adapted to cases of
nationals of a neutral State who are in occupied territory or who find
themselves in the territory of a belligerent State in which the State of
which
they are nationals has not normal diplomatic representation.
Article 12
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as
to
the application or interpretation of the provisions of the present
Convention,
the Protecting Powers shall lend their good offices with a view to settling
the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict
a
meeting of their representatives, and in particular of the authorities
responsible for protected persons, possibly on neutral territory suitably
chosen. The Parties to the conflict shall be bound to give effect to the
proposals made to them for this purpose. The Protecting Powers may, if
necessary, propose for approval by the Parties to the conflict, a person
belonging to a neutral Power or delegated by the International Committee of
the
Red Cross, who shall be invited to take part in such a meeting.
PART II-GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR
Article 13
The provisions of Part II cover the whole of the populations of the countries
in conflict, without any adverse distinction based, in particular, on race,
nationality, religion or political opinion, and are intended to alleviate the
sufferings caused by war.
Article 14
In time of peace, the High Contracting Parties and, after the outbreak of
hostilities, the Parties thereto, may establish in their own territory and,
if
the need arises, in occupied areas, hospital and safety zones and localities
so
organized as to protect from the effects of war, wounded, sick and aged
persons, children under fifteen, expectant-mothers and mothers of children
under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned
may conclude agreements on mutual recognition of the zones and localities
they
have created. They may for this purpose implement the provisions of the Draft
Agreement annexed to the present Convention, with such amendments as they may
consider necessary.
The Protecting Powers and the International Committee of the Red Cross are
invited to lend their good offices in order to facilitate the institution and
recognition of these hospital and safety zones and localities.
Article 15
Any Party to the conflict may, either direct or through a neutral State or
some
humanitarian organization, propose to the adverse Party to establish, in the
regions where fighting is taking place, neutralized zones intended to shelter
from the effects of war the following persons, without distinction:
(a)wounded and sick combatants or non-combatants;
(b)civilian persons who take no part in hostilities, and who, while they
reside
in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geographical position,
administration, food supply and supervision of the proposed neutralized zone,
a
written agreement shall be concluded and signed by the representatives of the
Parties to the conflict. The agreement shall fix the beginning and the
duration
of the neutralization of the zone.
Article 16
The wounded and sick, as well as the infirm, and expectant mothers, shall be
the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall
facilitate the steps taken to search for the killed and wounded, to assist
the
shipwrecked and other persons exposed to grave danger, and to protect them
against pillage and ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local agreements for
the removal from besieged or encircled areas, of wounded, sick, infirm, and
aged persons, children and maternity cases, and for the passage of ministers
of
all religions, medical personnel and medical equipment on their way to such
areas.
Article 18
Civilian hospitals organized to give care to the wounded and sick, the infirm
and maternity cases, may in no circumstances be the object of attack, but
shall
at all times be respected and protected by the Parties to the conflict.
States which are parties to a conflict shall provide all civilian hospitals
with certificates showing that they are civilian hospitals and that the
buildings which they occupy are not used for any purpose which would deprive
these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but
only
if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations
permit,
take the necessary steps to make the distinctive emblems indicating civilian
hospitals clearly visible to the enemy land, air and naval forces in order to
obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to
military objectives, it is recommended that such hospitals be situated as far
as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall not cease
unless
they are used to commit, outside their humanitarian duties, acts harmful to
the
enemy. Protection may, however, cease only after due warning has been given,
naming, in all appropriate cases, a reasonable time limit, and after such
warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in these
hospitals, or the presence of small arms and ammunition taken from such
combatants and not yet handed to the proper service, shall not be considered
to
be acts harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and administration of
civilian hospitals, including the personnel engaged in the search for,
removal
and transporting of and caring for wounded and sick civilians, the infirm and
maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above
personnel
shall be recognizable by means of an identity card certifying their status,
bearing the photograph of the holder and embossed with the stamp of the
responsible authority, and also by means of a stamped, water-resistant armlet
which they shall wear on the left arm while carrying out their duties. This
armlet shall be issued by the State and shall bear the emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of
civilian
hospitals shall be entitled to respect and protection and to wear the armlet,
as provided in and under the conditions prescribed in this Article, while
they
are employed on such duties. The identity card shall state the duties on
which
they are employed.
The management of each hospital shall at all times hold at the disposal of
the
competent national or occupying authorities an up-to-date list of such
personnel.
Article 21
Convoys of vehicles or hospital trains on land or specially provided vessels
on
sea, conveying wounded and sick civilians, the infirm and maternity cases,
shall be respected and protected in the same manner as the hospitals provided
for in Article 18, and shall be marked, with the consent of the State, by the
display of the distinctive emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949.
Article 22
Aircraft exclusively employed for the removal of wounded and sick civilians,
the infirm and maternity cases, or for the transport of medical personnel and
equipment, shall not be attacked, but shall be respected while flying at
heights, times and on routes specifically agreed upon between all the Parties
to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of
the Geneva Convention for the Amelioration of the Condition of the Wounded
and
Sick in Armed Forces in the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are
prohibited.
Such aircraft shall obey every summons to land. In the event of a landing
thus
imposed, the aircraft with its occupants may continue its flight after
examination, if any.
Article 23
Each High Contracting Party shall allow the free passage of all consignments
of
medical and hospital stores and objects necessary for religious worship
intended only for civilians of another High Contracting Party, even if the
latter is its adversary. It shall likewise permit the free passage of all
consignments of essential foodstuffs, clothing and tonics intended for
children
under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the
consignments indicated in the preceding paragraph is subject to the condition
that this Party is satisfied that there are no serious reasons for fearing:
(a)that the consignments may be diverted from their destination,
(b)that the control may not be effective, or
(c)that a definite advantage may accrue to the military efforts or economy of
the enemy through the substitution of the above-mentioned consignments for
goods which would otherwise be provided or produced by the enemy or through
the
release of such material, services or facilities as would otherwise be
required
for the production of such goods.
The Power which allows the passage of the consignments indicated in the first
paragraph of this Article may make such permission conditional on the
distribution to the persons benefited thereby being made under the local
supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power
which permits their free passage shall have the right to prescribe the
technical arrangements under which such passage is allowed.
Article 24
The Parties to the conflict shall take the necessary measures to ensure that
children under fifteen, who are orphaned or are separated from their families
as a result of the war, are not left to their own resources, and that their
maintenance, the exercise of their religion and their education are
facilitated
in all circumstances. Their education shall, as far as possible, be entrusted
to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children
in
a neutral country for the duration of the conflict with the consent of the
Protecting Power, if any, and under due safeguards for the observance of the
principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve
to
be identified by the wearing of identity discs, or by some other means.
Article 25
All persons in the territory of a Party to the conflict, or in a territory
occupied by it, shall be enabled to give news of a strictly personal nature
to
members of their families, wherever they may be, and to receive news from
them.
This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to
exchange family correspondence by the ordinary poost, the Parties to the
conflict concerned shall apply to a neutral intermediary, such as the Central
Agency provided for in Article 140, andshall decide in consultation with it
how
to ensure the fulfilment of their obligations under the best possible
conditions, in particular with the cooperation of the National Red Cross (Red
Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family
correspondence, such restrictions shall be confined to the compulsory use of
standard forms containing twenty-five freely chosen words, and to the
limitation of the number of these forms despatched to one each month.
Article 26
Each Party to the conflict shall facilitate enquiries made by members of
families dispersed owing to the war, with the object of renewing contact with
one another and of meeting, if possible. It shall encourage, in particular,
the
work of organizations engaged on this task provided they are acceptable to it
and conform to its security regulations.
PART III-STATUS AND TREATMENT OF
PROTECTED PERSONS SECTION I-PROVISIONS COMMON TO THE TERRITORIES OF THE
PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for their
persons, their honour, their family rights, their religious convictions and
practices, and their manners and customs. They shall at all times be humanely
treated, and shall be protected especially against all acts of violence or
threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in
particular against rape, enforced prostitution, or any form of indecent
assault.
Without prejudice to the provisions relating to their state of health, age
and
sex, all protected persons shall be treated with the same consideration by
the
Party to the conflict in whose power they are, without any adverse
distinction
based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and
security in regard to protected persons as may be necessary as a result of
the
war.
Article 28
The presence of a protected person may not be used to render certain points
or
areas immune from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be, is
responsible for the treatment accorded to them by its agents, irrespective of
any individual responsibility which may be incurred.
Article 30
Protected persons shall have every facility for making application to the
Protecting Powers, the International Committee of the Red Cross, the National
Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they
may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose
by
the authorities, within the bounds set by military or security
considerations.
Apart from the visits of the delegates of the Protecting Powers and of the
International Committee of the Red Cross, provided for by Article 143, the
Detaining or Occupying Powers shall facilitate as much as possible visits to
protected persons by the representatives of other organizations whose object
is
to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons,
in
particular to obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is
prohibited
from taking any measure of such a character as to cause the physical
suffering
or extermination of protected persons in their hands. This prohibition
applies
not only to murder, torture, corporal punishment, mutilation and medical or
scientific experiments not necessitated by the medical treatment of a
protected
person, but also to any other measures of brutality whether applied by
civilian
or military agents.
Article 33
No protected person may be punished for an offence he or she has not
personally
committed. Collective penalties and likewise all measures of intimidation or
of
terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Article 34
The taking of hostages is prohibited.
SECTION II-ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
Article 35
All protected persons who may desire to leave the territory at the outset of,
or during a conflict, shall be entitled to do so, unless their departure is
contrary to the national interests of the State. The applications of such
persons to leave shall be decided in accordance with regularly established
procedures and the decision shall be taken as rapidly as possible. Those
persons permitted to leave may provide themselves with the necessary funds
for
their journey and take with them a reasonable amount of their effects and
articles of personal use.
If any such person is refused permission to leave the territory, he shall be
entitled to have such refusal reconsidered as soon as possible by an
appropriate court or administrative board designated by the Detaining Power
for
that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons
of
security prevent it, or the persons concerned object, be furnished with the
reasons for refusal of any request for permission to leave the territory and
be
given, as expeditiously as possible, the names of all persons who have been
denied permission to leave.
Article 36
Departures permitted under the foregoing Article shall be carried out in
satisfactory conditions as regards safety, hygiene, sanitation and food. All
costs in connection therewith, from the point of exit in the territory of the
Detaining Power, shall be borne by the country of destination, or, in the
case
of accommodation in a neutral country, by the Power whose nationals are
benefited. The practical details of such movements may, if necessary, be
settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded
between Parties to the conflict concerning the exchange and repatriation of
their nationals in enemy hands.
Article 37
Protected persons who are confined pending proceedings or serving a sentence
involving loss of liberty, shall during their confinement be humanely
treated.
As soon as they are released, they may ask to leave the territory in
conformity
with the foregoing Articles.
Article 38
With the exception of special measures authorized by the present Convention,
in
particular by Articles 27 and 41 thereof, the situation of protected persons
shall continue to be regulated, in principle, by the provisions concerning
aliens in time of peace. In any case, the following rights shall be granted
to
them:
(1)They shall be enabled to receive the individual or collective relief that
may be sent to them.
(2)They shall, if their state of health so requires, receive medical
attention
and hospital treatment to the same extent as the nationals of the State
concerned.
(3)They shall be allowed to practise their religion and to receive spiritual
assistance from ministers of their faith.
(4)If they reside in an area particularly exposed to the dangers of war, they
shall be authorised to move from that area to the same extent as the
nationals
of the State concerned.
(5)Children under fifteen years, pregnant women and mothers of children under
seven years shall benefit by any preferential treatment to the same extent as
the nationals of the State concerned.
Article 39
Protected persons who, as a result of the war, have lost their gainful
employment, shall be granted the opportunity to find paid employment. That
opportunity shall, subject to security considerations and to the provisions
of
Article 40, be equal to that enjoyed by the nationals of the Power in whose
territory they are.
Where a Party to the conflict applies to a protected person methods of
control
which result in his being unable to support himself, and especially if such a
person is prevented for reasons of security from finding paid employment on
reasonable conditions, the said Party shall ensure his support and that of
his
dependants.
Protected persons may in any case receive allowances from their home country,
the Protecting Power, or the relief societies referred to in Article 30.
Article 40
Protected persons may be compelled to work only to the same extent as
nationals
of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to
do
work which is normally necessary to ensure the feeding, sheltering, clothing,
transport and health of human beings and which is not directly related to the
conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons
compelled to work shall have the benefit of the same working conditions and
of
the same safeguards as national workers, in particular as regards wages,
hours
of labour, clothing and equipment, previous training and compensation for
occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to
exercise their right of complaint in accordance with Article 30.
Article 41
Should the Power in whose hands protected persons may be consider the
measures
of control mentioned in the present Convention to be inadequate, it may not
have recourse to any other measure of control more severe than that of
assigned
residence or internment, in accordance with the provisions of Articles 42 and
43.
In applying the provisions of Article 39, second paragraph, to the cases of
persons required to leave their usual places of residence by virtue of a
decision placing them in assigned residence elsewhere, the Detaining Power
shall be guided as closely as possible by the standards of welfare set forth
in
Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be
ordered only if the security of the Detaining Power makes it absolutely
necessary.
If any person, acting through the representatives of the Protecting Power,
voluntarily demands internment, and if his situation renders this step
necessary, he shall be interned by the Power in whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence
shall be entitled to have such action reconsidered as soon as possible by an
appropriate court or administrative board designated by the Detaining Power
for
that purpose. If the internment or placing in assigned residence is
maintained,
the court or administrative board shall periodically, and at least twice
yearly, give consideration to his or her case, with a view to the favourable
amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as
rapidly as possible, give the Protecting Power the names of any protected
persons who have been interned or subjected to assigned residence, or who
have
been released from internment or assigned residence. The decisions of the
courts or boards mentioned in the first paragraph of the present Article
shall
also, subject to the same conditions, be notified as rapidly as possible to
the
Protecting Power.
Article 44
In applying the measures of control mentioned in the present Convention, the
Detaining Power shall not treat as enemy aliens exclusively on the basis of
their nationality de jure of an enemy State, refugees who do not, in fact,
enjoy the protection of any government.
Article 45
Protected persons shall not be transferred to a Power which is not a party to
the convention.
This provision shall in no way constitute an obstacle to the repatriation of
protected persons, or to their return to their country of residence after the
cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power
which is a party to the present Convention and after the Detaining Power has
satisfied itself of the willingness and ability of such transferee Power to
apply the present Convention. If protected persons are transferred under such
circumstances, responsibility for the application of the present Convention
rests on the Power accepting them, while they are in its custody.
Nevertheless,
if that Power fails to carry out the provisions of the present Convention in
any important respect, the Power by which the protected persons were
transferred shall, upon being so notified by the Protecting Power, take
effective measures to correct the situation or shall request the return of
the
protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country
where
he or she may have reason to fear persecution for his or her political
opinions
or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before the
outbreak
of hostilities, of protected persons accused of offences against ordinary
criminal law.
Article 46
In so far as they have not been previously withdrawn, restrictive measures
taken regarding protected persons shall be cancelled as soon as possible
after
the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in
accordance
with the law of the Detaining Power, as soon as possible after the close of
hostilities.
SECTION III-OCCUPIED TERRITORIES
Article 47
Protected persons who are in occupied territory shall not be deprived, in any
case or in any manner whatsoever, of the benefits of the present Convention
by
any change introduced, as the result of the occupation of a territory, into
the
institutions or government of the said territory, nor by any agreement
concluded between the authorities of the occupied territories and the
Occupying
Power, nor by any annexation by the latter of the whole or part of the
occupied
territory.
Article 48
Protected persons who are not nationals of the Power whose territory is
occupied, may avail themselves of the right to leave the territory subject to
the provisions of Article 35, and decisions thereon shall be taken according
to
the procedure which the Occupying Power shall establish in accordance with
the
said Article.
Article 49
Individual or mass forcible transfers, as well as deportations of protected
persons from occupied territory to the territory of the Occupying Power or
to
that of any other country, occupied or not, are prohibited, regardless of
their
motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation
of
a given area if the security of the population or imperative military reasons
so demand. Such evacuations may not involve the displacement of protected
persons outside the bounds of the occupied territory except when for material
reasons it is impossible to avoid such displacement. Persons thus evacuated
shall be transferred back to their homes as soon as hostilities in the area
in
question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure,
to
the greatest practicable extent, that proper accommodation is provided to
receive the protected persons, that the removals are effected in satisfactory
conditions of hygiene, health, safety and nutrition, and that members of the
same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as
soon
as they have taken place.
The Occupying Power shall not detain protected persons in an area
particularly
exposed to the dangers of war unless the security of the population or
imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian
population into the territory it occupies.
Article 50
The Occupying Power shall, with the cooperation of the national and local
authorities, facilitate the proper working of all institutions devoted to the
care and education of children.
The Occupying Power shall take all necessary steps to facilitate the
identification of children and the registration of their parentage. It may
not,
in any case, change their personal status, nor enlist them in formations or
organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying
Power shall make arrangements for the maintenance and education, if possible
by
persons of their own nationality, language and religion, of children who are
orphaned or separated from their parents as a result of the war and who
cannot
be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall
be
responsible for taking all necessary steps to identify children whose
identity
is in doubt. Particulars of their parents or other near relatives should
always
be recorded if available.
The Occupying Power shall not hinder the application of any preferential
measures in regard to food, medical care and protection against the effects
of
war, which may have been adopted prior to the occupation in favour of
children
under fifteen years, expectant mothers, and mothers of children under seven
years.
Article 51
The Occupying Power may not compel protected persons to serve in its armed or
auxiliary forces. No pressure or propaganda which aims at securing voluntary
enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are
over eighteen years of age, and then only on work which is necessary either
for
the needs of the army of occupation, or for the public utility services, or
for
the feeding, sheltering, clothing, transportation or health of the population
of the occupied country. Protected persons may not be compelled to undertake
any work which would involve them in the obligation of taking part in
military
operations. The Occupying Power may not compel protected persons to employ
forcible means to ensure the security of the installations where they are
performing compulsory labour.
The work shall be carried out only in the occupied territory where the
persons
whose services have been requisitioned are. Every such person shall, so far
as
possible, be kept in his usual place of employment. Workers shall be paid a
fair wage and the work shall be proportionate to their physical and
intellectual capacities. The legislation in force in the occupied country
concerning working conditions, and safeguards as regards, in particular, such
matters as wages, hours of work, equipment, preliminary training and
compensation for occupational accidents and diseases, shall be applicable to
the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in
an
organization of a military or semi-military character.
Article 52
No contract, agreement or regulation shall impair the right of any worker,
whether voluntary or not and wherever he may be, to apply to the
representatives of the Protecting Power in order to request the said Power's
intervention.
All measures aiming at creating unemployment or at restricting the
opportunities offered to workers in an occupied territory, in order to induce
them to work for the Occupying Power, are prohibited.
Article 53
Any destruction by the Occupying Power of real or personal property belonging
individually or collectively to private persons, or to the State, or to other
public authorities, or to social or cooperative organizations, is prohibited,
except where such destruction is rendered absolutely necessary by military
operations.
Article 54
The Occupying Power may not alter the status of public officials or judges in
the occupied territories, or in any way apply sanctions to or take any
measures
of coercion or discrimination against them, should they abstain from
fulfilling
their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph
of
Article 51. It does not affect the right of the Occupying Power to remove
public officials from their posts.
Article 55
To the fullest extent of the means available to it, the Occupying Power has
the
duty of ensuring the food and medical supplies of the population; it should,
in
particular, bring in the necessary foodstuffs, medical stores and other
articles if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical
supplies available in the occupied territory, except for use by the
occupation
forces and administration personnel, and then only if the requirements of the
civilian population have been taken into account. Subject to the provisions
of
other international Conventions, the Occupying Power shall make arrangements
to
ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of
the food and medical supplies in occupied territories, except where temporary
restrictions are made necessary by imperative military requirements.
Article 56
To the fullest extent of the means available to it, the Occupying Power has
the
duty of ensuring and maintaining, with the cooperation of national and local
authorities, the medical and hospital establishments and services, public
health and hygiene in the occupied territory, with particular reference to
the
adoption and application of the prophylactic and preventive measures
necessary
to combat the spread of contagious diseases and epidemics. Medical personnel
of
all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs
of the occupied State are not operating there, the occupying authorities
shall,
if necessary, grant them the recognition provided for in Article 18. In
similar
circumstances, the occupying authorities shall also grant recognition to
hospital personnel and transport vehicles under the provisions of Articles 20
and 21.
In adopting measures of health and hygiene and in their implementation, the
Occupying Power shall take into consideration the moral and ethical
susceptibilities of the population of the occupied territory.
Article 57
The Occupying Power may requisition civilian hospitals only temporarily and
only in cases of urgent necessity for the care of military wounded and sick,
and then on condition that suitable arrangements are made in due time for the
care and treatment of the patients and for the needs of the civilian
population
for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long
as they are necessary for the needs of the civilian population.
Article 58
The Occupying Power shall permit ministers of religion to give spiritual
assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles
required for religious needs and shall facilitate their distribution in
occupied territory.
Article 59
If the whole or part of the population of an occupied territory is
inadequately
supplied, the Occupying Power shall agree to relief schemes on behalf of the
said population, and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial
humanitarian organizations such as the International Committee of the Red
Cross, shall consist, in particular, of the provision of consignments of
foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments
and
shall guarantee their protection.
A Power granting free passage to consignments on their way to territory
occupied by an adverse Party to the conflict shall, however, have the right
to
search the consignments, to regulate their passage according to prescribed
times and routes, and to be reasonably satisfied through the Protecting Power
that these consignments are to be used for the relief of the needy population
and are not to be used for the benefit of the Occupying Power.
Article 60
Relief consignments shall in no way relieve the Occupying Power of any of its
responsibilities under Articles 55, 56 and 59. The Occupying Power shall in
no
way whatsoever divert relief consignments from the purpose for which they are
intended, except in cases of urgent necessity, in the interests of the
population of the occupied territory and with the consent of the Protecting
Power.
Article 61
The distribution of the relief consignments referred to in the foregoing
Articles shall be carried out with the cooperation and under the supervision
of
the Protecting Power. This duty may also be delegated, by agreement between
the
Occupying Power and the Protecting Power, to a neutral Power, to the
International Committee of the Red Cross or to any other impartial
humanitarian
body.
Such consignments shall be exempt in occupied territory from all charges,
taxes
or customs duties unless these are necessary in the interests of the economy
of
the territory. The Occupying Power shall facilitate the rapid distribution of
these consignments.
All Contracting Parties shall endeavour to permit the transit and transport,
free of charge, of such relief consignments on their way to occupied
territories.
Article 62
Subject to imperative reasons of security, protected persons in occupied
territories shall be permitted to receive the individual relief consignments
sent to them.
Article 63
Subject to temporary and exceptional measures imposed for urgent reasons of
security by the Occupying Power:
(a)recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies
shall be able to pursue their activities in accordance with Red Cross
principles, as defined by the International Red Cross Conferences. Other
relief
societies shall be permitted to continue their humanitarian activities under
similar conditions;
(b)the Occupying Power may not require any changes in the personnel or
structure of these societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special
organizations of a non-military character, which already exist or which may
be
established, for the purpose of ensuring the living conditions of the
civilian
population by the maintenance of the essential public utility services, by
the
distribution of relief and by the organization of rescues.
Article 64
The penal laws of the occupied territory shall remain in force, with the
exception that they may be repealed or suspended by the Occupying Power in
cases where they constitute a threat to its security or an obstacle to the
application of the present Convention. Subject to the latter consideration
and
to the necessity for ensuring the effective administration of justice, the
tribunals of the occupied territory shall continue to function in respect of
all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied
territory to provisions which are essential to enable the Occupying Power to
fulfil its obligations under the present Convention, to maintain the orderly
government of the territory, and to ensure the security of the Occupying
Power,
of the members and property of the occupying forces or administration, and
likewise of the establishments and lines of communication used by them.
Article 65
The penal provisions enacted by the Occupying Power shall not come into force
before they have been published and brought to the knowledge of the
inhabitants
in their own language. The effect of these penal provisions shall not be
retroactive.
Article 66
In case of a breach of the penal provisions promulgated by it by virtue of
the
second paragraph of Article 64, the Occupying Power may hand over the accused
to its properly constituted, non-political military courts, on condition that
the said courts sit in the occupied country. Courts of appeal shall
preferably
sit in the occupied country.
Article 67
The courts shall apply only those provisions of law which were applicable
prior
to the offence, and which are in accordance with general principles of law,
in
particular the principle that the penalty shall be proportionate to the
offence. They shall take into consideration the fact that the accused is not
a
national of the Occupying Power.
Article 68
Protected persons who commit an offence which is solely intended to harm the
Occupying Power, but which does not constitute an attempt on the life or limb
of members of the occupying forces or administration, nor a grave collective
danger, nor seriously damage the property of the occupying forces or
administration or the installations used by them, shall be liable to
internment
or simple imprisonment, provided the duration of such internment or
imprisonment is proportionate to the offence committed. Furthermore,
internment
or imprisonment shall, for such offences, be the only measure adopted for
depriving protected persons of liberty. The courts provided for under Article
66 of the present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with
Articles 64 and 65 may impose the death penalty on a protected person only in
cases where the person is guilty of espionage, of serious acts of sabotage
against the military installations of the Occupying Power or of intentional
offences which have caused the death of one or more persons, provided that
such
offences were punishable by death under the law of the occupied territory in
force before the occupation began.
The death penalty may not be pronounced against a protected person unless the
attention of the court has been particularly called to the fact that since
the
accused is not a national of the Occupying Power, he is not bound to it by
any
duty of allegiance.
In any case, the death penalty may not be pronounced against a protected
person
who was under eighteen years of age at the time of the offence.
Article 69
In all cases, the duration of the period during which a protected person
accused of an offence is under arrest awaiting trial or punishment shall be
deducted from any period of imprisonment awarded.
Article 70
Protected persons shall not be arrested, prosecuted or convicted by the
Occupying Power for acts committed or for opinions expressed before the
occupation, or during a temporary interruption thereof, with the exception of
breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities,
have
sought refuge in the territory of the occupied State, shall not be arrested,
prosecuted, convicted or deported from the occupied territory, except for
offences committed after the outbreak of hostilities, or for offences under
common law committed before the outbreak of hostilities which, according to
the
law of the occupied State, would have justified extradition in time of peace.
Article 71
No sentence shall be pronounced by the competent courts of the Occupying
Power
except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly
informed, in writing, in a language which they understand, of the particulars
of the charges preferred against them, and shall be brought to trial as
rapidly
as possible. The Protecting Power shall be informed of all proceedings
instituted by the Occupying Power against protected persons in respect of
charges involving the death penalty or imprisonment for two years or more; it
shall be enabled, at any time, to obtain information regarding the state of
such proceedings. Furthermore, the Protecting Power shall be entitled, on
request, to be furnished with all particulars of these and of any other
proceedings instituted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second
paragraph above, shall be sent immediately, and shall in any case reach the
Protecting Power three weeks before the date of the first hearing. Unless, at
the opening of the trial, evidence is submitted that the provisions of this
Article are fully complied with, the trial shall not proceed. The
notification
shall include the following particulars:
(a)description of the accused;
(b)place of residence or detention;
(c)specification of the charge or charges (with mention of the penal
provisions
under which it is brought);
(d)designation of the court which will hear the case;
(e)place and date of the first hearing.
Article 72
Accused persons shall have the right to present evidence necessary to their
defence and may, in particular, call witnesses. They shall have the right to
be
assisted by a qualified advocate or counsel of their own choice, who shall be
able to visit them freely and shall enjoy the necessary facilities for
preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an
advocate or counsel. When an accused person has to meet a serious charge and
the Protecting Power is not functioning, the Occupying Power, subject to the
consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by
an
interpreter, both during preliminary investigation and during the hearing in
court. They shall have the right at any time to object to the interpreter and
to ask for his replacement.
Article 73
A convicted person shall have the right of appeal provided for by the laws
applied by the court. He shall be fully informed of his right to appeal or
petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it
is applicable, to appeals. Where the laws applied by the Court make no
provision for appeals, the convicted person shall have the right to petition
against the finding and sentence to the competent authority of the Occupying
Power.
Article 74
Representatives of the Protecting Power shall have the right to attend the
trial of any protected person, unless the hearing has, as an exceptional
measure, to be held in camera in the interests of the security of the
Occupying
Power, which shall then notify the Protecting Power. A notification in
respect
of the date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or
more, shall be communicated, with the relevant grounds, as rapidly as
possible
to the Protecting Power. The notification shall contain a reference to the
notification made under Article 71, and, in the case of sentences of
imprisonment, the name of the place where the sentence is to be served. A
record of judgments other than those referred to above shall be kept by the
court and shall be open to inspection by representatives of the Protecting
Power. Any period allowed for appeal in the case of sentences involving the
death penalty, or imprisonment of two years or more, shall not run until
notification of judgment has been received by the Protecting Power.
Article 75
In no case shall persons condemned to death be deprived of the right of
petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of
at
least six months from the date of receipt by the Protecting Power of the
notification of the final judgment confirming such death sentence, or of an
order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed
may
be reduced in individual cases in circumstances of grave emergency involving
an
organized threat to the security of the Occupying Power or its forces,
provided
always that the Protecting Power is notified of such reduction and is given
reasonable time and opportunity to make representations to the competent
occupying authorities in respect of such death sentences.
Article 76
Protected persons accused of offences shall be detained in the occupied
country, and if convicted they shall serve their sentences therein. They
shall,
if possible, be separated from other detainees and shall enjoy conditions of
food and hygiene which will be sufficient to keep them in good health, and
which will be at least equal to those obtaining in prisons in the occupied
country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they
may require.
Women shall be confined in separate quarters and shall be under the direct
supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by
delegates of the Protecting Power and of the International Committee of the
Red
Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel
monthly.
Article 77
Protected persons who have been accused of offences or convicted by the
courts
in occupied territory, shall be handed over at the close of occupation, with
the relevant records, to the authorities of the liberated territory.
Article 78
If the Occupying Power considers it necessary, for imperative reasons of
security, to take safety measures concerning protected persons, it may, at
the
most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made
according to a regular procedure to be prescribed by the Occupying Power in
accordance with the provisions of the present Convention. This procedure
shall
include the right of appeal for the parties concerned. Appeals shall be
decided
with the least possible delay. In the event of the decision being upheld, it
shall be subject to periodical review, if possible every six months, by a
competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to
leave
their homes shall enjoy the full benefit of Article 39 of the present
Convention.
SECTION IV-REGULATIONS FOR THE TREATMENT OF INTERNEES CHAPTER I
-GENERAL PROVISIONS
Article 79
The Parties to the conflict shall not intern protected persons, except in
accordance with the provisions of Articles 41, 42, 43, 68 and 78.
Article 80
Internees shall retain their full civil capacity and shall exercise such
attendant rights as may be compatible with their status.
Article 81
Parties to the conflict who intern protected persons shall be bound to
provide
free of charge for their maintenance, and to grant them also the medical
attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees
shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the
internees, if such dependants are without adequate means of support or are
unable to earn a living.
Article 82
The Detaining Power shall, as far as possible, accommodate the internees
according to their nationality, language and customs. Internees who are
nationals of the same country shall not be separated merely because they have
different languages.
Throughout the duration of their internment, members of the same family, and
in
particular parents and children, shall be lodged together in the same place
of
internment, except when separation of a temporary nature is necessitated for
reasons of employment or health or for the purposes of enforcement of the
provisions of Chapter IX of the present Section. Internees may request that
their children who are left at liberty without parental care shall be
interned
with them.
Wherever possible, interned members of the same family shall be housed in the
same premises and given separate accommodation from other internees, together
with facilities for leading a proper family life.
CHAPTER II-PLACES OF INTERNMENT
Article 83
The Detaining Power shall not set up places of internment in areas
particularly
exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of
the Protecting Powers, all useful information regarding the geographical
location of places of internment.
Whenever military considerations permit, internment camps shall be indicated
by
the letters IC, placed so as to be clearly visible in the daytime from the
air.
The powers concerned may, however, agree upon any other system of marking. No
place other than an internment camp shall be marked as such.
Article 84
Internees shall be accommodated and administered separately from prisoners of
war and from persons deprived of liberty for any other reason.
Article 85
The Detaining Power is bound to take all necessary and possible measures to
ensure that protected persons shall, from the outset of their internment, be
accommodated in buildings or quarters which afford every possible safeguard
as
regards hygiene and health, and provide efficient protection against the
rigours of the climate and the effects of the war. In no case shall permanent
places of internment be situated in unhealthy areas, or in districts the
climate of which is injurious to the internees. In all cases where the
district, in which a protected person is temporarily interned, is in an
unhealthy area or has a climate which is harmful to his health, he shall be
removed to a more suitable place of internment as rapidly as circumstances
permit.
The premises shall be fully protected from dampness, adequately heated and
lighted, in particular between dusk and lights out. The sleeping quarters
shall
be sufficiently spacious and well ventilated, and the internees shall have
suitable bedding and sufficient blankets, account being taken of the climate,
and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences
which
conform to the rules of hygiene and are constantly maintained in a state of
cleanliness. They shall be provided with sufficient water and soap for their
daily personal toilet and for washing their personal laundry; installations
and
facilities necessary for this purpose shall be granted to them. Showers or
baths shall also be available. The necessary time shall be set aside for
washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to
accommodate women internees who are not members of a family unit in the same
place of internment as men, the provision of separate sleeping quarters and
sanitary conveniences for the use of such women internees shall be
obligatory.
Article 86
The Detaining Power shall place at the disposal of interned persons, of
whatever denomination, premises suitable for the holding of their religious
services.
Article 87
Canteens shall be installed in every place of internment, except where other
suitable facilities are available. The purpose shall be to enable internees
to
make purchases, at prices not higher than local market prices, of foodstuffs
and articles of everyday use, including soap and tobacco, such as would
increase their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for
each place of internment, and administered for the benefit of the internees
attached to such place of internment. The Internee Committee provided for in
Article 102 shall have the right to check the management of the canteen and
of
the said fund.
When a place of internment is closed down, the balance of the welfare fund
shall be transferred to the welfare fund of a place of internment for
internees
of the same nationality, or, if such a place does not exist, to a central
welfare fund which shall be administered for the benefit of all internees
remaining in the custody of the Detaining Power. In case of a general
release,
the said profits shall be kept by the Detaining Power, subject to any
agreement
to the contrary between the Powers concerned.
Article 88
In all places of internment exposed to air raids and other hazards of war,
shelters adequate in number and structure to ensure the necessary protection
shall be installed. In case of alarms, the internees shall be free to enter
such shelters as quickly as possible, excepting those who remain for the
protection of their quarters against the aforesaid hazards. Any protective
measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger
of
fire.
CHAPTER III-FOOD AND CLOTHING
Article 89
Daily food rations for internees shall be sufficient in quantity, quality and
variety to keep internees in a good state of health and prevent the
development
of nutritional deficiencies. Account shall also be taken of the customary
diet
of the internees.
Internees shall also be given the means by which they can prepare for
themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco
shall be permitted.
Internees who work shall receive additional rations in proportion to the kind
of labour which they perform.
Expectant and nursing mothers, and children under fifteen years of age, shall
be given additional food, in proportion to their physiological needs.
Article 90
When taken into custody, internees shall be given all facilities to provide
themselves with the necessary clothing, footwear and change of underwear, and
later on, to procure further supplies if required. Should any internees not
have sufficient clothing, account being taken of the climate, and be unable
to
procure any, it shall be provided free of charge to them by the Detaining
Power.
The clothing supplied by the Detaining Power to internees and the outward
markings placed on their own clothes shall not be ignominious nor expose them
to ridicule.
Workers shall receive suitable working outfits, including protective
clothing,
whenever the nature of their work so requires.
CHAPTER IV-HYGIENE AND MEDICAL ATTENTION
Article 91
Every place of internment shall have an adequate infirmary, under the
direction
of a qualified doctor, where internees may have the attention they require,
as
well as an appropriate diet. Isolation wards shall be set aside for cases of
contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose
condition requires special treatment, a surgical operation or hospital care,
must be admitted to any institution where adequate treatment can be given and
shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of
their own nationality.
Internees may not be prevented from presenting themselves to the medical
authorities for examination. The medical authorities of the Detaining Power
shall, upon request, issue to every internee who has undergone treatment an
official certificate showing the nature of his illness or injury, and the
duration and nature of the treatment given. A duplicate of this certificate
shall be forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the
maintenance of internees in good health, particularly dentures and other
artificial appliances and spectacles, shall be free of charge to the
internee.
Article 92
Medical inspections of internees shall be made at least once a month. Their
purpose shall be, in particular, to supervise the general state of health,
nutrition and cleanliness of internees, and to detect contagious diseases,
especially tuberculosis, malaria, and venereal diseases. Such inspections
shall
include, in particular, the checking of weight of each internee and, at least
once a year, radioscopic examination.
CHAPTER V-RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 93
Internees shall enjoy complete latitude in the exercise of their religious
duties, including attendance at the services of their faith, on condition
that
they comply with the disciplinary routine prescribed by the detaining
authorities.
Ministers of religion who are interned shall be allowed to minister freely to
the members of their community. For this purpose, the Detaining Power shall
ensure their equitable allocation amongst the various places of internment in
which there are internees speaking the same language and belonging to the
same
religion. Should such ministers be too few in number, the Detaining Power
shall
provide them with the necessary facilities, including means of transport, for
moving from one place to another, and they shall be authorized to visit any
internees who are in hospital. Ministers of religion shall be at liberty to
correspond on matters concerning their ministry with the religious
authorities
in the country of detention and, as far as possible, with the international
religious organizations of their faith. Such correspondence shall not be
considered as forming a part of the quota mentioned in Article 107. It shall,
however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of
their faith, or should these latter be too few in number, the local religious
authorities of the same faith may appoint, in agreement with the Detaining
Power, a minister of the internees' faith or, if such a course is feasible
from
a denominational point of view, a minister of similar religion or a qualified
layman. The latter shall enjoy the facilities granted to the ministry he has
assumed. Persons so appointed shall comply with all regulations laid down by
the Detaining Power in the interests of discipline and security.
Article 94
The Detaining Power shall encourage intellectual, educational and
recreational
pursuits, sports and games amongst internees, whilst leaving them free to
take
part in them or not. It shall take all practicable measures to ensure the
exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their
studies
or to take up new subjects. The education of children and young people shall
be
ensured; they shall be allowed to attend schools either within the place of
internment or outside.
Internees shall be given opportunities for physical exercise, sports and
outdoor games. For this purpose, sufficient open spaces shall be set aside in
all places of internment. Special playgrounds shall be reserved for children
and young people.
Article 95
The Detaining Power shall not employ internees as workers, unless they so
desire. Employment which, if undertaken under compulsion by a protected
person
not in internment, would involve a breach of Articles 40 or 51 of the present
Convention, and employment on work which is of a degrading or humiliating
character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work
at
any moment, subject to eight days' notice.
These provisions constitute no obstacle to the right of the Detaining Power
to
employ interned doctors, dentists and other medical personnel in their
professional capacity on behalf of their fellow internees, or to employ
internees for administrative and maintenance work in places of internment and
to detail such persons for work in the kitchens or for other domestic tasks,
or
to require such persons to undertake duties connected with the protection of
internees against aerial bombardment or other war risks. No internee may,
however, be required to perform tasks for which he is, in the opinion of a
medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working
conditions, for medical attention, for the payment of wages, and for ensuring
that all employed internees receive compensation for occupational accidents
and
diseases. The standards prescribed for the said working conditions and for
compensation shall be in accordance with the national laws and regulations,
and
with the existing practice; they shall in no case be inferior to those
obtaining for work of the same nature in the same district. Wages for work
done
shall be determined on an equitable basis by special agreements between the
internees, the Detaining Power, and, if the case arises, employers other than
the Detaining Power, due regard being paid to the obligation of the Detaining
Power to provide for free maintenance of internees and for the medical
attention which their state of health may require. Internees permanently
detailed for categories of work mentioned in the third paragraph of this
Article, shall be paid fair wages by the Detaining Power. The working
conditions and the scale of compensation for occupational accidents and
diseases to internees thus detailed, shall not be inferior to those
applicable
to work of the same nature in the same district.
Article 96
All labour detachments shall remain part of and dependent upon a place of
internment. The competent authorities of the Detaining Power and the
commandant
of a place of internment shall be responsible for the observance in a labour
detachment of the provisions of the present Convention. The commandant shall
keep an up-to-date list of the labour detachments subordinate to him and
shall
communicate it to the delegates of the Protecting Power, of the International
Committee of the Red Cross and of other humanitarian organizations who may
visit the places of internment.
CHAPTER VI-PERSONAL PROPERTY AND FINANCIAL RESOURCES
Article 97
Internees shall be permitted to retain articles of personal use. Monies,
cheques, bonds, etc., and valuables in their possession may not be taken from
them except in accordance with established procedure. Detailed receipts shall
be given therefor.
The amounts shall be paid into the account of every internee as provided for
in
Article 98. Such amounts may not be converted into any other currency unless
legislation in force in the territory in which the owner is interned so
requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be
taken
away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or
other valuables taken from them during internment and shall receive in
currency
the balance of any credit to their accounts kept in accordance with Article
98,
with the exception of any articles or amounts withheld by the Detaining Power
by virtue of its legislation in force. If the property of an internee is so
withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken
away without a receipt being given. At no time shall internees be left
without
identity documents. If they have none, they shall be issued with special
documents drawn up by the detaining authorities, which will serve as their
identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in
the shape of purchase coupons, to enable them to make purchases.
Article 98
All internees shall receive regular allowances, sufficient to enable them to
purchase goods and articles, such as tobacco, toilet requisites, etc. Such
allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they
owe
allegiance, the Protecting Powers, the organizations which may assist them,
or
their families, as well as the income on their property in accordance with
the
law of the Detaining Power. The amount of allowances granted by the Power to
which they owe allegiance shall be the same for each category of internees
(infirm, sick, pregnant women, etc.), but may not be allocated by that Power
or
distributed by the Detaining Power on the basis of discriminations between
internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which
shall be credited the allowances named in the present Article, the wages
earned
and the remittances received, together with such sums taken from him as may
be
available under the legislation in force in the territory in which he is
interned. Internees shall be granted all facilities consistent with the
legislation in force in such territory to make remittances to their families
and to other dependants. They may draw from their accounts the amounts
necessary for their personal expenses, within the limits fixed by the
Detaining
Power. They shall at all times be afforded reasonable facilities for
consulting
and obtaining copies of their accounts. A statement of accounts shall be
furnished to the Protecting Power on request, and shall accompany the
internee
in case of transfer.
CHAPTER VII-ADMINISTRATION AND DISCIPLINE
Article 99
Every place of internment shall be put under the authority of a responsible
officer, chosen from the regular military forces or the regular civil
administration of the Detaining Power. The officer in charge of the place of
internment must have in his possession a copy of the present Convention in
the
official language, or one of the official languages, of his country and shall
be responsible for its application. The staff in control of internees shall
be
instructed in the provisions of the present Convention and of the
administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements
concluded under the said Convention shall be posted inside the place of
internment, in a language which the internees understand, or shall be in the
possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be
communicated to the internees and posted inside the places of internment, in
a
language which they understand.
Every order and command addressed to internees individually, must likewise,
be
given in a language which they understand.
Article 100
The disciplinary regime in places of internment shall be consistent with
humanitarian principles, and shall in no circumstances include regulations
imposing on internees any physical exertion dangerous to their health or
involving physical or moral victimization. Identification by tattooing or
imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military
drill and manoeuvres, or the reduction of food rations, are prohibited.
Article 101
Internees shall have the right to present to the authorities in whose power
they are, any petition with regard to the conditions of internment to which
they are subjected.
They shall also have the right to apply without restriction through the
Internee Committee or, if they consider it necessary, direct to the
representatives of the Protecting Power, in order to indicate to them any
points on which they may have complaints to make with regard to the
conditions
of internment.
Such petitions and complaints shall be transmitted forthwith and without
alteration, and even if the latter are recognized to be unfounded, they may
not
occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs
of the internees, may be sent by the Internee Committees to the
representatives
of the Protecting Powers.
Article 102
In every place of internment, the internees shall freely elect by secret
ballot
every six months, the members of a Committee empowered to represent them
before
the Detaining and the Protecting Powers, the International Committee of the
Red
Cross and any other organization which may assist them. The members of the
Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has
been approved by the detaining authorities. The reasons for any refusals or
dismissals shall be communicated to the Protecting Powers concerned.
Article 103
The Internee Committees shall further the physical, spiritual and
intellectual
well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual
assistance amongst themselves, this organization would be within the
competence
of the Committees in addition to the special duties entrusted to them under
other provisions of the present Convention.
Article 104
Members of Internee Committees shall not be required to perform any other
work,
if the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such
assistants as they may require. All material facilities shall be granted to
them, particularly a certain freedom of movement necessary for the
accomplishment of their duties (visits to labour detachments, receipt of
supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees
for
communication by post and telegraph with the detaining authorities, the
Protecting Powers, the International Committee of the Red Cross and their
delegates, and with the organizations which give assistance to internees.
Committee members in labour detachments shall enjoy similar facilities for
communication with their Internee Committee in the principal place of
internment. Such communications shall not be limited, nor considered as
forming
a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a
reasonable time to acquaint their successors with current affairs.
CHAPTER VIII-RELATIONS WITH THE EXTERIOR
Article 105
Immediately upon interning protected persons, the Detaining Powers shall
inform
them, the Power to which they owe allegiance and their Protecting Power of
the
measures taken for executing the provisions of the present Chapter. The
Detaining Powers shall likewise inform the Parties concerned of any
subsequent
modifications of such measures.
Article 106
As soon as he is interned, or at the latest not more than one week after his
arrival in a place of internment, and likewise in cases of sickness or
transfer
to another place of internment or to a hospital, every internee shall be
enabled to send direct to his family, on the one hand, and to the Central
Agency provided for by Article 140, on the other, an internment card similar,
if possible, to the model annexed to the present Convention, informing his
relatives of his detention, address and state of health. The said cards shall
be forwarded as rapidly as possible and may not be delayed in any way.
Article 107
Internees shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards
sent by each internee, the said number shall not be less than two letters and
four cards monthly; these shall be drawn up so as to conform as closely as
possible to the models annexed to the present Convention. If limitations must
be placed on the correspondence addressed to internees, they may be ordered
only by the Power to which such internees owe allegiance, possibly at the
request of the Detaining Power. Such letters and cards must be conveyed with
reasonable despatch; they may not be delayed or retained for disciplinary
reasons.
Internees who have been a long time without news, or who find it impossible
to
receive news from their relatives, or to give them news by the ordinary
postal
route, as well as those who are at a considerable distance from their homes,
shall be allowed to send telegrams, the charges being paid by them in the
currency at their disposal. They shall likewise benefit by this provision in
cases which are recognized to be urgent.
As a rule, internees' mail shall be written in their own language. The
Parties
to the conflict may authorize correspondence in other languages.
Article 108
Internees shall be allowed to receive, by post or by any other means,
individual parcels or collective shipments containing in particular
foodstuffs,
clothing, medical supplies, as well as books and objects of a devotional,
educational or recreational character which may meet their needs. Such
shipments shall in no way free the Detaining Power from the obligations
imposed
upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be
limited,
due notice thereof shall be given to the Protecting Power and to the
International Committee of the Red Cross, or to any other organization giving
assistance to the internees and responsible for the forwarding of such
shipments.
The conditions for the sending of individual parcels and collective shipments
shall, if necessary, be the subject of special agreements between the Powers
concerned, which may in no case delay the receipt by the internees of relief
supplies. Parcels of clothing and foodstuffs may not include books. Medical
relief supplies shall, as a rule, be sent in collective parcels.
Article 109
In the absence of special agreements between Parties to the conflict
regarding
the conditions for the receipt and distribution of collective relief
shipments,
the regulations concerning collective relief which are annexed to the present
Convention shall be applied.
The special agreements provided for above shall in no case restrict the right
of Internee Committees to take possession of collective relief shipments
intended for internees, to undertake their distribution and to dispose of
them
in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the
Protecting Powers, the International Committee of the Red Cross, or any other
organization giving assistance to internees and responsible for the
forwarding
of collective shipments, to supervise their distribution to the recipients.
Article 110
All relief shipments for internees shall be exempt from import, customs and
other dues.
All matter sent by mail, including relief parcels sent by parcel post and
remittances of money, addressed from other countries to internees or
despatched
by them through the post office, either direct or through the Information
Bureaux provided for in Article 136 and the Central Information Agency
provided
for in Article 140, shall be exempt from all postal dues both in the
countries
of origin and destination and in intermediate countries. To this end, in
particular, the exemption provided by the Universal Postal Convention of 1947
and by the agreements of the Universal Postal Union in favour of civilians of
enemy nationality detained in camps or civilian prisons, shall be extended to
the other interned persons protected by the present Convention. The countries
not signatory to the above-mentioned agreements shall be bound to grant
freedom
from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees
and
which, by reason of their weight or any other cause, cannot be sent through
the
post office, shall be borne by the Detaining Power in all the territories
under
its control. Other Powers which are Parties to the present Convention shall
bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered
by
the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible,
the
charges for telegrams sent by internees, or addressed to them.
Article 111
Should military operations prevent the Powers concerned from fulfilling their
obligation to ensure the conveyance of the mail and relief shipments provided
for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the
International Committee of the Red Cross or any other organization duly
approved by the Parties to the conflict may undertake the conveyance of such
shipments by suitable means (rail, motor vehicles, vessels or aircraft,
etc.).
For this purpose, the High Contracting Parties shall endeavour to supply them
with such transport, and to allow its circulation, especially by granting the
necessary safe-conducts.
Such transport may also be used to convey:
(a)correspondence, lists and reports exchanged between the Central
Information
Agency referred to in Article 140 and the National Bureaux referred to in
Article 136;
(b)correspondence and reports relating to internees which the Protecting
Powers, the International Committee of the Red Cross or any other
organization
assisting the internees exchange either with their own delegates or with the
Parties to the conflict.
These provisions in no way detract from the right of any Party to the
conflict
to arrange other means of transport if it should so prefer, nor preclude the
granting of safe-conducts, under mutually agreed conditions, to such means of
transport.
The costs occasioned by the use of such means of transport shall be borne, in
proportion to the importance of the shipments, by the Parties to the conflict
whose nationals are benefited thereby.
Article 112
The censoring of correspondence addressed to internees or despatched by them
shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried
out
under conditions that will expose the goods contained in them to
deterioration.
It shall be done in the presence of the addressee, or of a fellow-internee
duly
delegated by him. The delivery to internees of individual or collective
consignments shall not be delayed under the pretext of difficulties of
censorship.
Any prohibition of correspondence ordered by the Parties to the conflict
either
for military or political reasons, shall be only temporary and its duration
shall be as short as possible.
Article 113
The Detaining Powers shall provide all reasonable facilities for the
transmission, through the Protecting Power or the Central Agency provided for
in Article 140, or as otherwise required, of wills, powers of attorney,
letters
of authority, or any other documents intended for internees or despatched by
them.
In all cases the Detaining Powers shall facilitate the execution and
authentication in due legal form of such documents on behalf of internees, in
particular by allowing them to consult a lawyer.
Article 114
The Detaining Power shall afford internees all facilities to enable them to
manage their property, provided this is not incompatible with the conditions
of
internment and the law which is applicable. For this purpose, the said Power
may give them permission to leave the place of internment in urgent cases and
if circumstances allow.
Article 115
In all cases where an internee is a party to proceedings in any court, the
Detaining Power shall, if he so requests, cause the court to be informed of
his
detention and shall, within legal limits, ensure that all necessary steps are
taken to prevent him from being in any way prejudiced, by reason of his
internment, as regards the preparation and conduct of his case or as regards
the execution of any judgment of the court.
Article 116
Every internee shall be allowed to receive visitors, especially near
relatives,
at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in
urgent cases, particularly in cases of death or serious illness of relatives.
CHAPTER IX-PENAL AND DISCIPLINARY SANCTIONS
Article 117
Subject to the provisions of the present Chapter, the laws in force in the
territory in which they are detained will continue to apply to internees who
commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to
be punishable, whereas the same acts are not punishable when committed by
persons who are not internees, such acts shall entail disciplinary
punishments
only.
No internee may be punished more than once for the same act, or on the same
count.
Article 118
The courts or authorities shall in passing sentence take as far as possible
into account the fact that the defendant is not a national of the Detaining
Power. They shall be free to reduce the penalty prescribed for the offence
with
which the internee is charged and shall not be obliged, to this end, to apply
the minimum sentence prescribed.
Imprisonment in premises without daylight and, in general, all forms of
cruelty
without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be
treated differently from other internees.
The duration of preventive detention undergone by an internee shall be
deducted
from any disciplinary or judicial penalty involving confinement to which he
may
be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted
against internees whom they represent, and of their result.
Article 119
The disciplinary punishments applicable to internees shall be the following:
(1)A fine which shall not exceed 50 per cent of the wages which the internee
would otherwise receive under the provisions of Article 95 during a period of
not more than thirty days.
(2)Discontinuance of privileges granted over and above the treatment provided
for by the present Convention.
(3)Fatigue duties, not exceeding two hours daily, in connection with the
maintenance of the place of internment.
(4)Confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for
the
health of internees. Account shall be taken of the internee's age, sex and
state of health.
The duration of any single punishment shall in no case exceed a maximum of
thirty consecutive days, even if the internee is answerable for several
breaches of discipline when his case is dealt with, whether such breaches are
connected or not.
Article 120
Internees who are recaptured after having escaped or when attempting to
escape,
shall be liable only to disciplinary punishment in respect of this act, even
if
it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of
escape or attempt to escape, may be subjected to special surveillance, on
condition that such surveillance does not affect the state of their health,
that it is exercised in a place of internment and that it does not entail the
abolition of any of the safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable on
this count to disciplinary punishment only.
Article 121
Escape, or attempt to escape, even if it is a repeated offence, shall not be
deemed an aggravating circumstance in cases where an internee is prosecuted
for
offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities
exercise leniency in deciding whether punishment inflicted for an offence
shall
be of a disciplinary or judicial nature, especially in respect of acts
committed in connection with an escape, whether successful or not.
Article 122
Acts which constitute offences against discipline shall be investigated
immediately. This rule shall be applied, in particular, in cases of escape or
attempt to escape. Recaptured internees shall be handed over to the competent
authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial shall be
reduced to an absolute minimum for all internees, and shall not exceed
fourteen
days. Its duration shall in any case be deducted from any sentence of
confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in
confinement awaiting trial for offences against discipline.
Article 123
Without prejudice to the competence of courts and higher authorities,
disciplinary punishment may be ordered only by the commandant of the place of
internment, or by a responsible officer or official who replaces him, or to
whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be
given precise information regarding the offences of which he is accused, and
given an opportunity of explaining his conduct and of defending himself. He
shall be permitted, in particular, to call witnesses and to have recourse, if
necessary, to the services of a qualified interpreter. The decision shall be
announced in the presence of the accused and of a member of the Internee
Committee.
The period elapsing between the time of award of a disciplinary punishment
and
its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at
least three days shall elapse between the execution of any two of the
punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishment shall be maintained by the commandant of
the place of internment and shall be open to inspection by representatives of
the Protecting Power.
Article 124
Internees shall not in any case be transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary
punishment therein.
The premises in which disciplinary punishments are undergone shall conform to
sanitary requirements; they shall in particular be provided with adequate
bedding. Internees undergoing punishment shall be enabled to keep themselves
in
a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in
separate quarters from male internees and shall be under the immediate
supervision of women.
Article 125
Internees awarded disciplinary punishment shall be allowed to exercise and to
stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical
inspections. They shall receive the attention which their state of health
requires and, if necessary, shall be removed to the infirmary of the place of
internment or to a hospital.
They shall have permission to read and write, likewise to send and receive
letters. Parcels and remittances of money, however, may be withheld from them
until the completion of their punishment; such consignments shall meanwhile
be
entrusted to the Internee Committee, who will hand over to the infirmary the
perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of
the provisions of Articles 107 and 143 of the present Convention.
Article 126
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to
proceedings against internees who are in the national territory of the
Detaining Power.
CHAPTER X-TRANSFERS OF INTERNEES
Article 127
The transfer of internees shall always be effected humanely. As a general
rule,
it shall be carried out by rail or other means of transport, and under
conditions at least equal to those obtaining for the forces of the Detaining
Power in their changes of station. If, as an exceptional measure, such
removals
have to be effected on foot, they may not take place unless the internees are
in a fit state of health, and may not in any case expose them to excessive
fatigue.
The Detaining Power shall supply internees during transfer with drinking
water
and food sufficient in quantity, quality and variety to maintain them in good
health, and also with the necessary clothing, adequate shelter and the
necessary medical attention. The Detaining Power shall take all suitable
precautions to ensure their safety during transfer, and shall establish
before
their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be
transferred
if the journey would be seriously detrimental to them, unless their safety
imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the
said place shall not be transferred unless their removal can be carried out
in
adequate conditions of safety, or unless they are exposed to greater risks by
remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining
Power
shall take their interests into account and, in particular, shall not do
anything to increase the difficulties of repatriating them or returning them
to
their own homes.
Article 128
In the event of transfer, internees shall be officially advised of their
departure and of their new postal address. Such notification shall be given
in
time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited if the conditions of transfer so require, but in no
case
to less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be
forwarded to them without delay.
The commandant of the place of internment shall take, in agreement with the
Internee Committee, any measures needed to ensure the transport of the
internees' community property and of the luggage the internees are unable to
take with them in consequence of restrictions imposed by virtue of the second
paragraph.
CHAPTER XI-DEATHS
Article 129
The wills of internees shall be received for safe-keeping by the responsible
authorities; and in the event of the death of an internee his will shall be
transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death
certificate shall be made out, showing the causes of death and the conditions
under which it occurred.
An official record of the death, duly registered, shall be drawn up in
accordance with the procedure relating thereto in force in the territory
where
the place of internment is situated, and a duly certified copy of such record
shall be transmitted without delay to the Protecting Power as well as to the
Central Agency referred to in Article 140.
Article 130
The detaining authorities shall ensure that internees who die while interned
are honourably buried, if possible according to the rites of the religion to
which they belonged, and that their graves are respected, properly
maintained,
and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable
circumstances require the use of collective graves. Bodies may be cremated
only
for imperative reasons of hygiene, on account of the religion of the deceased
or in accordance with his expressed wish to this effect. In case of
cremation,
the fact shall be stated and the reasons given in the death certificate of
the
deceased. The ashes shall be retained for safe-keeping by the detaining
authorities and shall be transferred as soon as possible to the next of kin
on
their request.
As soon as circumstances permit, and not later than the close of hostilities,
the Detaining Power shall forward lists of graves of deceased internees to
the
Powers on whom the deceased internees depended, through the Information
Bureaux
provided for in Article 136. Such lists shall include all particulars
necessary
for the identification of the deceased internees, as well as the exact
location
of their graves.
Article 131
Every death or serious injury of an internee, caused or suspected to have
been
caused by a sentry, another internee or any other person, as well as any
death
the cause of which is unknown, shall be immediately followed by an official
enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting
Power. The evidence of any witnesses shall be taken, and a report including
such evidence shall be prepared and forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining
Power
shall take all necessary steps to ensure the prosecution of the person or
persons responsible.
CHAPTER XII-RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
Article 132
Each interned person shall be released by the Detaining Power as soon as the
reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of
hostilities, to conclude agreements for the release, the repatriation, the
return to places of residence or the accommodation in a neutral country of
certain classes of internees, in particular children, pregnant women and
mothers with infants and young children, wounded and sick, and internees who
have been detained for a long time.
Article 133
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal
proceedings are pending for offences not exclusively subject to disciplinary
penalties, may be detained until the close of such proceedings and, if
circumstances require, until the completion of the penalty. The same shall
apply to internees who have been previously sentenced to a punishment
depriving
them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees
may be set up after the close of hostilities, or of the occupation of
territories, to seach for dispersed internees.
Article 134
The High Contracting Parties shall endeavour, upon the close of hostilities
or
occupation, to ensure the return of all internees to their last place of
residence, or to facilitate their repatriation.
Article 135
The Detaining Power shall bear the expense of returning released internees to
the places where they were residing when interned, or, if it took them into
custody while they were in transit or on the high seas, the cost of
completing
their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a
released internee who previously had his permanent domicile therein, such
Detaining Power shall pay the cost of the said internee's repatriation. If,
however, the internee elects to return to his country on his own
responsibility
or in obedience to the Government of the Power to which he owes allegiance,
the
Detaining Power need not pay the expenses of his journey beyond the point of
his departure from its territory. The Detaining Power need not pay the costs
of
repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring
and receiving Powers shall agree on the portion of the above costs to be
borne
by each.
The foregoing shall not prejudice such special agreements as may be concluded
between Parties to the conflict concerning the exchange and repatriation of
their nationals in enemy hands.
SECTION V-INFORMATION BUREAUX AND CENTRAL AGENCY
Article 136
Upon the outbreak of a conflict and in all cases of occupation, each of the
Parties to the conflict shall establish an official Information Bureau
responsible for receiving and transmitting information in respect of the
protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest possible
period,
give its Bureau information of any measure taken by it concerning any
protected
persons who are kept in custody for more than two weeks, who are subjected to
assigned residence or who are interned. It shall, furthermore, require its
various departments concerned with such matters to provide the aforesaid
Bureau
promptly with information concerning all changes pertaining to these
protected
persons, as, for example, transfers, releases, repatriations, escapes,
admittances to hospitals, births and deaths.
Article 137
Each national Bureau shall immediately forward information concerning
protected
persons by the most rapid means to the Powers of whom the aforesaid persons
are
nationals, or to Powers in whose territory they resided, through the
intermediary of the Protecting Powers and likewise through the Central Agency
provided for in Article 140. The Bureaux shall also reply to all enquiries
which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person
unless its transmission might be detrimental to the person concerned or to
his
or her relatives. Even in such a case, the information may not be withheld
from
the Central Agency which, upon being notified of the circumstances, will take
the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a
signature or a seal.
Article 138
The information received by the national Bureau and transmitted by it shall
be
of such a character as to make it possible to identify the protected person
exactly and to advise his next of kin quickly. The information in respect of
each person shall include at least his surname, first names, place and date
of
birth, nationality, last residence and distinguishing characteristics, the
first name of the father and the maiden name of the mother, the date, place
and
nature of the action taken with regard to the individual, the address at
which
correspondence may be sent to him and the name and address of the person to
be
informed.
Likewise, information regarding the state of health of internees who are
seriously ill or seriously wounded shall be supplied regularly and if
possible
every week.
Article 139
Each national Information Bureau shall, furthermore, be responsible for
collecting all personal valuables left by protected persons mentioned in
Article 136, in particular those who have been repatriated or released, or
who
have escaped or died; it shall forward the said valuables to those concerned,
either direct, or, if necessary, through the Central Agency. Such articles
shall be sent by the Bureau in sealed packets which shall be accompanied by
statements giving clear and full identity particulars of the person to whom
the
articles belonged, and by a complete list of the contents of the parcel.
Detailed records shall be maintained of the receipt and despatch of all such
valuables.
Article 140
A Central Information Agency for protected persons, in particular for
internees, shall be created in a neutral country. The International Committee
of the Red Cross shall, if it deems necessary, propose to the Powers
concerned
the organization of such an Agency, which may be the same as that provided
for
in Article 123 of the Geneva Convention relative to the Treatment of
Prisoners
of War of August 12, 1949.
The function of the Agency shall be to collect all information of the type
set
forth in Article 136 which it may obtain through official or private channels
and to transmit it as rapidly as possible to the countries of origin or of
residence of the persons concerned, except in cases where such transmissions
might be detrimental to the persons whom the said information concerns, or to
their relatives. It shall receive from the Parties to the conflict all
reasonable facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit
by the services of the Central Agency, are requested to give the said Agency
the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the
humanitarian activities of the International Committee of the Red Cross and
of
the relief societies described in Article 142.
Article 141
The national Information Bureaux and the Central Information Agency shall
enjoy
free postage for all mail, likewise the exemptions provided for in Article
110,
and further, so far as possible, exemption from telegraphic charges or, at
least, greatly reduced rates.
PART IV-EXECUTION OF THE CONVENTION SECTION I-GENERAL PROVISIONS
Article 142
Subject to the measures which the Detaining Powers may consider essential to
ensure their security or to meet any other reasonable need, the
representatives
of religious organizations, relief societies, or any other organizations
assisting the protected persons, shall receive from these Powers, for
themselves or their duly accredited agents, all facilities for visiting the
protected persons, for distributing relief supplies and material from any
source, intended for educational, recreational or religious purposes, or for
assisting them in organizing their leisure time within the places of
internment. Such societies or organizations may be constituted in the
territory
of the Detaining Power, or in any other country, or they may have an
international character.
The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and
under
its supervision, on condition, however, that such limitation shall not hinder
the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this
field shall be recognized and respected at all times.
Article 143
Representatives or delegates of the Protecting Powers shall have permission
to
go to all places where protected persons are, particularly to places of
internment, detention and work.
They shall have access to all premises occupied by protected persons and
shall
be able to interview the latter without witnesses, personally or through an
interpreter.
Such visits may not be prohibited except for reasons of imperative military
necessity, and then only as an exceptional and temporary measure. Their
duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the
places
they wish to visit. The Detaining or Occupying Power, the Protecting Power
and
when occasion arises the Power of origin of the persons to be visited, may
agree that compatriots of the internees shall be permitted to participate in
the visits.
The delegates of the International Committee of the Red Cross shall also
enjoy
the above prerogatives. The appointment of such delegates shall be submitted
to
the approval of the Power governing the territories where they will carry out
their duties.
Article 144
The High Contracting Parties undertake, in time of peace as in time of war,
to
disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in
their
programmes of military and, if possible, civil instruction, so that the
principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war
assume
responsibilities in respect of protected persons, must possess the text of
the
Convention and be specially instructed as to its provisions.
Article 145
The High Contracting Parties shall communicate to one another through the
Swiss
Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and
regulations which they may adopt to ensure the application thereof.
Article 146
The High Contracting Parties undertake to enact any legislation necessary to
provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for
persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality,
before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to
another
High Contracting Party concerned, provided such High Contracting Party has
made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than
the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of
proper
trial and defence, which shall not be less favourable than those provided by
Article 105 and those following of the Geneva Convention relative to the
Treatment of Prisoners of War of August 12, 1949.
Article 147
Grave breaches to which the preceding Article relates shall be those
involving
any of the following acts, if committed against persons or property protected
by the present Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great suffering or serious
injury to body or health, unlawful deportation or transfer or unlawful
confinement of a protected person, compelling a protected person to serve in
the forces of a hostile Power, or wilfully depriving a protected person of
the
rights of fair and regular trial prescribed in the present Convention, taking
of hostages and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
Article 148
No High Contracting Party shall be allowed to absolve itself or any other
High
Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding
Article.
Article 149
At the request of a Party to the conflict, an enquiry shall be instituted, in
a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry,
the
Parties should agree on the choice of an umpire who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties to the conflict shall
put
an end to it and shall repress it with the least possible delay.
SECTION II-FINAL PROVISIONS
Article 150
The present Convention is established in English and in French. Both texts
are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
Article 151
The present Convention, which bears the date of this day, is open to
signature
until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949.
Article 152
The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Article 153
The present Convention shall come into force six months after not less than
two
instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six
months
after the deposit of the instrument of ratification.
Article 154
In the relations between the Powers who are bound by The Hague Conventions
respecting the Laws and Customs of War on Land, whether that of July 29,
1899,
or that of October 18, 1907, and who are parties to the present Convention,
this last Convention shall be supplementary to Sections II and III of the
Regulations annexed to the above mentioned Conventions of The Hague.
Article 155
From the date of its coming into force, it shall be open to any Power in
whose
name the present Convention has not been signed, to accede to this
Convention.
Article 156
Accessions shall be notified in writing to the Swiss Federal Council, and
shall
take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers
in
whose name the Convention has been signed, or whose accession has been
notified.
Article 157
The situations provided for in Articles 2 and 3 shall give immediate effect
to
ratifications deposited and accessions notified by the Parties to the
conflict
before or after the beginning of hostilities or occupation. The Swiss Federal
Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Article 158
Each of the High Contracting Parties shall be at liberty to denounce the
present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting
Parties.
The denunciation shall take effect one year after the notification thereof
has
been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in
a
conflict shall not take effect until peace has been concluded, and until
after
operations connected with the release, repatriation and re-establishment of
the
persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power.
It
shall in no way impair the obligations which the Parties to the conflict
shall
remain bound to fulfil by virtue of the principles of the law of nations, as
they result from the usages established among civilized peoples, from the
laws
of humanity and the dictates of the public conscience.
Article 159
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also
inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August, 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies
thereof to each of the signatory and acceding States.
(Here follow the signatures and Annexes.)
*2* Title and sections 2,5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
"(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."
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading,
"EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991."
GENEVA CONVENTIONS ACT 1957 - SCHEDULE 5
SCH
SCHEDULE 5*2*
* * * *
*2* Title and sections 2, 5, 7, 8, 10, 10A, 11-16, Headings to Parts II and IV
and Headings to First-Fourth Schedules are amended by sections 3-10 and the
Schedules of the Geneva Conventions Amendment Act 1991, section 2 of which
provides as follows:
'(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.'
As at 31 March 1991 no date had been fixed and the amendments are not
incorporated in this reprint. They are set out below under the heading
'EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1981'.
GENEVA CONVENTIONS ACT 1957 - EXTRACT
SECT
EXTRACT FROM GENEVA CONVENTIONS AMENDMENT ACT 1991
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,".
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.
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".
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.".
7. Before section 11 of the Principal Act the following section is inserted
in Part III:
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.".
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".
Schedule 5
9. The Principal Act is amended by adding at the end the Schedule set out in
Schedule 1 to this Act.
Formal amendments
10. The Principal Act is amended as set out in Schedule 2.
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:
(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
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
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.
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
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. 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 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.
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 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 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.
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 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 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.
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, 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 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 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 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
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 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 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 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, 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 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 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 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 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 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
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
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 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
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 recognizable by
technical means of detection.
(FIGURE 5 OMITTED)
ANNEX II
IDENTITY CARD FOR JOURNALISTS ON DANGEROUS PROFESSIONAL MISSIONS
(ANNEX II OMITTED)
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".