The Geneva Conventions Act, 1960

THE GENEVA CONVENTIONS ACT, 1960

Source page 1

THE GENEVA CONVENTIONS ACT, 1960 ____________ ARRANGEMENT OF SECTIONS ___________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. CHAPTER II PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS 3. Punishment of grave breaches of conventions. Liability of persons for offences committed outside India. Proof of application of Convention.

THE GENEVA CONVENTIONS ACT, 1960

Source page 2

Section 1 — Short title, extent and commencement

Section 2 — Definitions

Section 3 — Punishment of grave breaches of conventions

THE GENEVA CONVENTIONS ACT, 1960 ACT NO. 6 OF 1960 [12th March, 1960.] An Act to enable effect to be given to certain international Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Short title, extent and commencement.—(1) This Act may be called the Geneva Conventions Act, 1960. (2) It extends to the whole of India. Definitions.—In this Act, unless the context otherwise requires,— (a) “Conventions” means the Conventions set out in the Schedules; and the First Convention, the Second Convention, the Third Convention and the Fourth Convention mean the Conventions set out in the First, Second, Third and Fourth Schedules, respectively; (b) “court” does not include a court-martial or military court; (c) “protected internee” means a person protected by the Fourth Convention and interned in India; (d) “protecting power”, in relation to a protected internee or a protected prisoner of war, means the power or organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the Third Convention or, as the case may be, the Fourth Convention; (e) “protected prisoner of war” means a person protected by the Third Convention. CHAPTER II PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS 3. Punishment of grave breaches of conventions.—(1) If any person within or without India commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the Conventions he shall be punished,— (a) Where the offence involves the wilful killing of a person protected by any of the Conventions, with death or with imprisonment for life; and (b) in any other case, with imprisonment for a term which may extend to fourteen years. (2) Sub-section (1) applies to persons regardless of their nationality or citizenship. (3) 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; 1.

(b) a grave breach of the Second Convention is a breach of that Convention involving an act

Source page 3

Section 4 — Liability of persons for offences committed outside India

Section 5 — Jurisdiction of court

Section 6 — Proof of application of Convention

Section 7 — Jurisdiction of courts martial

Section 8 — Notice of trial of protected persons to be served on protecting power, etc

(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. Liability of persons for offences committed outside India.—When an offence under this Chapter is committed by any person outside India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. Jurisdiction of court.—No court inferior to that of a chief presidency magistrate or a Court of Session shall try any offence punishable under this Chapter. Proof of application of Convention.—If in any proceeding under this Chapter 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 a Secretary to the Government of India certifying to any matter relevant to that question shall be conclusive evidence of the matter so certified. Jurisdiction of courts martial.—The Army Act, 1950 (46 of 1950), the Air Force Act, 1950 (45 of 1950), or the Navy Act, 1957 (62 of 1957), relating to trial by court-martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial as if this Chapter had not been passed. CHAPTER III LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS 8.

shall, unless the contrary is shown, be sufficient evidence that the notice required by sub-section (1)

Source page 4

Section 9 — Legal re-presentation of certain persons

Section 10 — Appeals by protected prisoners of war and internees

shall, unless the contrary is shown, be sufficient evidence that the notice required by sub-section (1) was served on that power, representative or person on that day. (4) In this section, the expression “prisoners‟ representative” in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners‟ representative within the meaning of article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war. (5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other law, authorise the detention of the accused in such custody as it may think fit for the period of the adjournment. Legal re-presentation of certain persons.—(1) The court before which— (a) any person is brought up for trial for an offence under section 3 of this Act; or (b) a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless— (i) the accused is represented by a legal practitioner; and (ii) 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 legal practitioner, and if the court adjourns the trial for the purpose of enabling the requirements of this sub-section to be complied with, then, notwithstanding anything in any other law, the Court may authorise the detention of the accused in such custody as it may think fit for the period of the adjournment. (2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by the accused as representing him, the legal practitioner instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of clause (ii) of the foregoing sub-section, be regarded for the purposes of that sub-section as representing the accused. (3) If the court adjourns the trial in pursuance of sub-section (1) by reason that the accused is not represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner either accepted by the accused as representing him or instructed as mentioned in the last foregoing sub-section, the legal practitioner assigned in pursuance of this sub-section shall, without prejudice to the requirements of clause (ii) of sub-section (1), be regarded for the purposes of that sub-section as representing the accused. (4) A legal practitioner shall be assigned in pursuance of sub-section (3) in such manner as may be provided in the rules made under this Act or, in the absence of provisions in the rules, as the court directs, and the legal practitioner so assigned shall be entitled to such fees as may be provided in the rules made under this Act. Appeals by protected prisoners of war and internees.—(1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or 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 Armed Forces; 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 decided, the sentence remains a sentence of death, or remains or has 4

become a sentence of imprisonment for a term of two years or more, any time allowed in relation to a

Source page 5

Section 11 — Reduction of sentence and custody of protected prisoners of war and internees

Section 12 — Prohibition of use of Red Cross and other emblems

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 clause (a) or clause (b) of the last preceding sub-section, 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 sub-section (1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of any 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 sub-section. (4) Sub-sections (1), (2) and (3) shall 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. Reduction of sentence and custody of protected prisoners of war and internees.—(1) When a protected prisoner of war or a protected internee is convicted of an offence, the court shall,— (a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and (b) in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account. (2) Where the Central Government is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than three months, the Central Government may direct that the prisoner shall be transferred from that custody to the custody of an officer of the Armed Forces of the Union 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. CHAPTER IV ABUSE OF THE RED CROSS AND OTHER EMBLEMS 12. Prohibition of use of Red Cross and other emblems.—No person shall, without the approval of the Central Government, use for any purpose whatsoever— (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; or 5

(e) any design or wording so nearly resembling any of the emblems or designations specified in

Source page 6

Section 13 — Penalty

Section 14 — Offences by companies

Section 15 — Saving

Section 16 — Use of „Red Cross‟ and other emblems on Indian ship or aircraft

Section 17 — Cognizance of offences

Section 18 — Power to make rules

Section 19 — Rules to be laid before Parliament

(e) any design or wording so nearly resembling any of the emblems or designations specified in the preceding clauses of this section as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems. Penalty.—If any person contravenes any of the provisions of section 12, he shall be punishable with fine which may extend to five hundred rupees, and be liable to forfeit any goods upon or in connection with which the emblem, designation, design or wording was used by that person. Offences by companies.—(1) If the person committing an offence under this Chapter is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals, and (b) “director” in relation to a firm means a partner in the firm. Saving.—In the case of a trade mark registered before the coming into force of this Act, the foregoing provisions of this Chapter shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in clause (b) or clause (c) of section 12; and where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark so registered, it shall be a defence for him to prove— (a) that he lawfully used that design or wording for that purpose before the coming into force of this Act; or (b) in a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the coming into force of this Act. Use of „Red Cross‟ and other emblems on Indian ship or aircraft.—The provisions of this Chapter extend to the use in or outside India of any emblem, designation, design or wording as is referred to in section 12 on any Indian ship or aircraft.

in session for a total period of thirty days which may be comprised in one session or in two successive

Source page 7

Section 20 — Repeal

in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Repeal.—(1) The Geneva Convention Implementing Act, 1936 (14 of 1936), is hereby repealed. (2) The Geneva Convention Act, 1911 (1 and 2 Geo. 20), shall cease to have effect as part of the law of India.

THE FIRST SCHEDULE

Source page 8

THE FIRST SCHEDULE (See section 2) GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD 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 GENREAL PROVISIONS Article 1 Respect for the Convention.—The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 Application of the Convention.—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 4

Source page 9

Article 4 Application by neutral Powers.—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 Duration of application.—For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation. Article 6 Special agreements.—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. Article 7 Non-renunciation of rights.—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 Protesting Powers.—The present Convention shall be applied with the co-operation and under the scrutiny of the Protecting powers whose duty it is to safeguard the interests of the Parties to the conflict. Article 9 Activities of the International committee of the Red Cross.—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.

When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, no

Source page 10

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. 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. CHAPTER II WOUNDED AND SICK Article 12 Protection and care.—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. 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. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military consideration permits, leave with them a part of its medical personnel and material to assist in their care.

Article 13

Source page 11

Article 13 Protected persons.—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 favorable 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 Status.—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. Evacuation.—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 Recording and forwarding of information.—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—

Source page 12

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. Graves Registration Service.—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. They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organise at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country.

The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied

Source page 13

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. 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 23 Hospital zones and localities.—In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties to the conflict, 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 13

effects of war, as well as the personnel entrusted with the organisation and administration of these zones

Source page 14

effects of war, as well as the personnel entrusted with the organisation and administration of these zones and localities and with the care of the persons therein assembled. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. 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 Protection of permanent personnel.—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 Protection of auxiliary personnel.—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 28 Retained personnel.—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

Source page 15

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 according with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:— (a) They shall be authorised to visit periodically the prisoners of war in labour units or hospitals outside the camp. 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.

Unless otherwise agreed, they shall have permission to return to their country, or if this is not

Source page 16

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 valuable and the instruments, arms and if possible the means of transport belonging to them. The Parties to the conflict shall secure to these personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. 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 that 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.

They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their

Source page 17

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 give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. The cost of their accommodation and internment shall be borne by the Power on which they depend. CHAPTER VII THE DISTINCTIVE EMBLEM Article 38 Emblem of the Convention.—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. Article 40 Identification of medical and religious personnel.—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.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a

Source page 18

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. 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. 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. 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. The same shall apply to the emblems mentioned in Article 38 second paragraph, in respect of the countries which use them.

emblem shall be such that it cannot be considered as conferring the protection of the Convention; the

Source page 19

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 Detailed execution. Unforeseen cases.—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 Prohibition of reprisals.—Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence,

Source page 20

In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favorable 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. Grave breaches.—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. Responsibilities of the Contracting parties.—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 Enquiry procedure.—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. 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.

Article 56

Source page 21

Article 56 Signature.—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 Ratification.—The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. Article 58 Coming into force.—The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Article 59 Relation to previous conventions.—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 Accession.—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 Notification of accessions.—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 law of nations, as they result from the usages established among civilized peoples, from the laws of

Source page 22

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 Registration with the United Nations.—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. It 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 SECOND SCHEDULE

Source page 23

THE SECOND SCHEDULE (See section 2) 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 Application of the Convention.—In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 Conflicts not of an international character.—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, color, 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 judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded, sick and shipwrecked shall be collected and cared for.

The Parties to the conflict should further endeavor to bring into force, by means of special

Source page 24

The Parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the proceeding provision shall not affect the legal status of the Parties to the conflict. Article 4 Field of application.—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. Article 5 Application by neutral powers.—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 Special agreements.—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 favorable measures have been taken with regard to them by one or other of the Parties to the conflict.

Article 9

Source page 25

Article 9 Activities of the International Committee of the Red Cross.—The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief. Article 10 Substitutes for Protecting Powers.—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. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by protecting powers under the present Convention. Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organisations in the sense of the present Article. Article 11 Conciliation procedure.—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 setting the disagreement. CHAPTER II WOUNDED, SICK AND SHIPWRECKED Article 12 Protection and care.—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 air-craft.

Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power

Source page 26

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 Protected persons.—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 militaries or volunteer corps, including such organized resistance movements, fulfill the following conditions:— (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance. (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war; (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power; (4) Persons who accompany the armed forces without actually being member 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 merchants marine and the crews of civil aircraft of the parties to the conflict who do not benefit by more favorable 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 15 Wounded taken on board a neutral warship.—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

Source page 27

Article 16 Wounded falling into enemy hands.—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. Article 17 Wounded landed in a neutral port.—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. Article 18 Search for causalities after an engagement.—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. Article 19 Recording and forwarding of information.—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. 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.

Article 20

Source page 28

Article 20 Prescriptions regarding the dead.—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. Article 21 Appeals to neutral vessels.—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. CHAPTER III HOSPITAL SHIPS Article 22 Notification and protection of military hospital ships.—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. Article 23 Protection of medical establishments ashore.—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 relief societies and private individuals of I. Parties to the conflict.—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.

Article 26

Source page 29

Article 26 Tonnage.—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. Article 27 Coastal rescue craft.—Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the State or by the officially recognised lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit. Article 28 Protection of sick-bays.—Should fighting occur on board a warship, the sick-bays shall be respected and spared as far as possible. Article 29 Hospital ships in occupied ports.—Any hospital ship in a port which falls into the hands of the enemy shall be authorised to leave the said port. Article 30 Employment of Hospital ships and small craft.—The vessels described in Article 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality. Article 31 Right of control and search.—The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27.

Article 34

Source page 30

Article 34 Discontinuance of protection.—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 cease a reasonable time limit, and after such warning has remained unheeded. Article 35 Conditions not depriving hospital ships of protection.—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 defense 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 Protection of the personnel of hospital ships.—The religious, medical and hospital personnel or 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 Medical and religious personnel of other ships.—The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Article 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. CHAPTER V MEDICAL TRANSPORTS Article 38 Ships used for the conveyance of medical equipment.—Ships chartered for that purpose shall be authorised to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter.

By agreement amongst the Parties to the conflict, neutral observers may be placed on board such

Source page 31

By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. Article 39 Medical aircrafts.—Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routes specially agreed upon between the Parties to the conflict concerned. Landing of wounded.—Subject to the provisions of the second paragraph, medical air-craft 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 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. 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.

Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a

Source page 32

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. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41. Article 44 Limitation in the use of markings.—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

Source page 33

Article 45 Prevention of misuse.—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 Detailed execution. Article 47 Prohibition of reprisals.—Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited. Article 48 Dissemination of the Convention.—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. CHAPTER VIII REPRESSION OF ABUSES AND INFRACTIONS Article 50 Penal sanctions. General observations.—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.

Article 52

Source page 34

Responsibilities of the Contracting Parties.—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 Enquiry procedure.—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. FINAL PROVISIONS Article 54 Languages.—The present Convention is established in English and in French. Article 55 Signature.—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 Ratification.—The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. Article 57 Coming into force.—The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the

Source page 35

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. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. 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. Article 63 Registration with the United Nations.—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.

THE THIRD SCHEDULE

Source page 36

THE THIRD SCHEDULE (See section 2) 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 Respect for the Convention.—The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 Application of the Convention.—In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. 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.

The Parties to the conflict should further endeavor to bring into force, by means of special

Source page 37

The Parties to the conflict should further endeavor 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. 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 militaries 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 organised resistance movements, fulfil the following conditions:— (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign 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 authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable 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. 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 favorable 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 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

Source page 38

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 Beginning and end of application.—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 Special agreements.—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. Article 7 Non-renunciation rights.—Prisoners of war may in no circumstances renounce in part or of in entirely the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,

Source page 39

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to provisions of this Article, the offer of the services of humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present convention. PART II GENERAL PROTECTION OF PRISONERS OF WAR Article 12 Responsibility for the treatment of prisoners.—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. 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. 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.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence or

Source page 40

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 Respect for the person of prisoners.—Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. Article 15 Maintenance of prisoners.—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.

Article 18

Source page 41

Article 18 Property of prisoners.—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. 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. Article 19 Evacuation of prisoners.—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. Article 20 Conditions of evacuation.—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. SECTION II INTERNMENT OF PRISONERS OF WAR CHAPTER I GENERAL OBSERVATIONS Article 21 Restriction of liberty of movement.—The Detaining Power may subject prisoners of war to internment.

Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by

Source page 42

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. 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 honor scrupulously to fulfill, 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 Places and conditions of internment.—Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness.

The premises provided for the use of prisoners of war individually or collectively, shall be entirely

Source page 43

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. In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. Article 26 Food.—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. Article 28 Canteens.—Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. 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

Source page 44

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 Medical attention.—Every camp shall have an adequate infirmary where prisoners of war may have the attention they require as well as appropriate diet. 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. Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. 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 44

accordance with their professional etiquette. They shall also benefit by the following facilities in the

Source page 45

accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:— (a) They shall be authorised to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. 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. CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES Article 34 Religious duties.—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 prescribe by the military authorities. Article 35 Retained chaplains.—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 enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp.

confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office.

Source page 46

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 Recreation study, sports and games.—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. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.

CHAPTER VII

Source page 47

CHAPTER VII RANK OF PRISONERS OF WAR Article 43 Notification of ranks.—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 from 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 Treatment of officers.—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.

Article 48

Source page 48

Article 48 Procedure for transfer.—In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. 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. SECTION III LABOUR OF PRISONERS OF WAR Article 49 General observations.—The Detaining Power may utilize the lab our 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. Article 50 Authorized work.—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 Working conditions.—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.

Prisoners of war shall receive training and be provided with the means of protection suitable to the

Source page 49

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. Article 53 Duration of lab our.—The duration of the daily lab our 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. Article 54 Working pay, occupational accidents and diseases.—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.

The camp commander shall keep an up-to-date record of the labour detachments dependent on his

Source page 50

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 Prisoners working for private employers.—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 Ready money.—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. If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or the camp administration who will charge them to the accounts of the prisoners concerned.

However, the Parties to the conflict concerned may by special agreement modify the amount of

Source page 51

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 limitations will be given without delay the Protecting Power. Article 61 Supplementary pay.—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. 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, currency.

amount; the sums thus debited shall be placed by it to the credit of the Power on which the

Source page 52

amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. Article 64 Prisoners‟ accounts.—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. 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. 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. 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. 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.

prisoner of war concerned with a statement showing the nature of the injury or disability, the

Source page 53

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. 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. 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 Agency for Prisoners of War provided for in Article 123. Article 70 Capture card.—Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. 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.

Article 72

Source page 54

General principles.—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. Article 74 Exemption from postal and transport charges.—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 dispatched 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. Article 75 Special means of transport.—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, 54

the Protecting Powers concerned, the International Committee of the Red Cross or any other organization

Source page 55

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 aircraft, etc). For this purpose, the High Contracting Parties shall endeavor 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. Article 77 Preparation, execution and transmission of legal documents.—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 dispatched by them, especially powers of attorney and wills. 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 55

attention to any points on which they may have complaints to make regarding their conditions

Source page 56

attention to any points on which they may have complaints to make regarding their conditions of captivity. They 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. CHAPTER II PRISONERS OF WAR REPRESENTATIVES Article 79 Election.—In all places where there are prisoners of war, excepting those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners‟ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist 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.

Prisoners‟ representatives shall be permitted to visit premises where prisoners of war are detained,

Source page 57

Prisoners‟ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners‟ representative. All facilities shall likewise be accorded to the prisoners‟ representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners‟ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners‟ representatives same facilities for communication with the prisoners‟ representatives of the principal camp. Prisoners‟ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. General provisions Article 82 Applicable legislation.—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. Article 85 Offences committed before capture.—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 87

Source page 58

Article 87 Penalties.—Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. Article 88 Execution of Penalties.—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. Disciplinary Sanctions Article 89 General observations.—The disciplinary punishment applicable to prisoners of war are the following:— I.

The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is

Source page 59

The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the some time when he is awarded punishment, whether such acts are related or not. 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 or the punishments, if the duration of one of these is ten days or more. Successful escape.—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 a 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. Unsuccessful escape.—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. Connected offences.—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. Notification of recapture.—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.

the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the

Source page 60

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. 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. 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. Essential safeguards.—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.

shall meanwhile be entrusted to the prisoners‟ representative, who will hand over to the infirmary the

Source page 61

shall meanwhile be entrusted to the prisoners‟ representative, who will hand over to the infirmary the perishable goods contained in such parcels. Judicial proceedings Article 99 Essential rules. General principles.—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. Death penalty.—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 on 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 and duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.

which such notification reaches the Protecting Power at the address previously indicated by the latter to

Source page 62

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 or 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. 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. 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. In such a case the Detaining Power shall advise the Protecting Power accordingly. Notification of findings and sentence.—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 62

of the sentence or the re-opening of the trial. This communication shall likewise be sent to the prisoner‟s

Source page 63

of the sentence or the re-opening of the trial. This communication shall likewise be sent to the prisoner‟s 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, emphasizing in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment where the sentence will be served. 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.

Article 110

Source page 64

Article 110 Cases of repatriation and accommodation.—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 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 fulfill in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. Article 111 International in a neutral country.—The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavor 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 Mixed Medical Commissions.—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. Article 113 Prisoners entitled to examination by Mixed Medical Commissions.—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.

Source page 65

(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 meeting with accidents.—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 Prisoners serving a sentence.—No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.

(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of

Source page 66

(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. 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. 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. SECTION III DEATH OF PRISONERS OF WAR Article 120 Wills, death certificates, burial, cremation.—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.

respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased

Source page 67

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. Incase 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 grave shall be recorded with a Graves Registration Service established by the Detaining Power.

The Information Bureau shall receive from the various departments concerned information regarding

Source page 68

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.

As soon as relief supplies or material intended for the above mentioned purposes are handed over to

Source page 69

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 Supervision.—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.

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to

Source page 70

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 beaches 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 favorable than those provided by Article 105 and those following of the present Convention. Grave breaches.—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: willful 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. Responsibilities of the Contracting Parties.—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 Enquiry procedure.—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. Article 134 Relation to the 1929 Convention.—The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties.

Article 137

Source page 71

Article 137 Ratification.—The present Convention shall be ratified as soon as possible and the ratification shall be deposited at Berne. Article 138 Coming into force.—The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Article 139 Accession.—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 Notification of accession.—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. Article 141 Immediate effect.—The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accounts notified by the Parties to the conflict before or after the beginning of hostilities or occupation. Article 142 Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the present Convention.

THE FOURTH SCHEDULE

Source page 72

THE FOURTH SCHEDULE (See section 2) GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF AUGUST 12, 1949 The undersigned Plenipotentiaries of the Government represented at the Diplomatic Conference held at Geneva from April 21 to August12, 1949, for the purpose establishing a Convention for the Protection of Civilian persons in Time of War, have agreed as follows: PART I GENERAL PROVISIONS Article 1 Respect for the Convention.—The High contracting parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 Application of the Convention.—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 further more be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 Conflicts not of an international character.—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, color, religion or faith, sex, birth or wealth, or any other similar criteria.

The application of the preceding provisions shall not affect the legal status of the Parties

Source page 73

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. The provisions of Part II are, however, wider in application, as defined in Article 13. Article 6 Beginning and end of application.—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. Article 7 Special agreements.—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.

shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict

Source page 74

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 Non-renunciation of rights.—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 10 Activities of the International Committee of the Red Cross.—The provision 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. 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. 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.

Whenever in the present Convention mention is made of a Protecting Power, such mention applies to

Source page 75

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 12 Conciliation Procedure.—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. 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.

When the Parties concerned have agreed upon the geographical position, administration, food supply

Source page 76

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. Evacuation.—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. Protection of Hospitals.—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. 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. Hospital staff.—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.

bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the

Source page 77

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. Land and sea transport.—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. 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. Article 23 Consignment of medical supplies, food and clothing.—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. 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.

Article 24

Source page 78

Article 24 Measures relating to child welfare.—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. Article 25 Family news.—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. If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in Consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. Article 26 Dispersed families.—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. 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 Treatment I.

Article 28

Source page 79

Article 30 Application to Protecting Powers and relief organisations.—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 organisations that might assist them. Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organisations whose object is to give spiritual aid or material relief to such persons. Article 31 Prohibition of coercion.—No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. Article 32 Prohibition of corporal punishment, torture, etc.—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. Article 33 Individual responsibility, collective penalties, pillage, reprisals.—No protected person may be punished for an offence he or she has not personally committed. Article 34 Hostages.—The taking of hostages is prohibited.

If any such person is refused permission to leave the territory, he shall be entitled to have such refusal

Source page 80

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. 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 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. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. 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 dependents.

Article 40

Source page 81

Employment.—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 land 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. 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. 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.

Protected persons may be transferred by the Detaining Power only to a Power which is a party to the

Source page 82

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. SECTION III OCCUPIED TERRITORIES Article 47 Inviolability of rights.—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 Special cases of repatriation.—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 Deportations, transfers, evacuations.—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.

Article 50

Source page 83

Article 50 Children.—The Occupying Power shall, with the co-operation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. 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. Article 51 Enlistment Labour.—The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. 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. Article 52 Protection of workers.—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. Article 53 Prohibited destruction.—Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.

Article 54

Source page 84

Article 54 Judges and public officials.—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. Article 55 Food and medical supplies for the population.—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. Article 56 Hygiene and public health.—To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the co-operation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. 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. Article 57 Requisition of hospitals.—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 an 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 Occupying Power shall not deport or transfer parts of its own civilian population into the territory

Source page 85

The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Collective relief.—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. 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. Responsibilities of the Occupying Power.—Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Powers 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. 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.

The same principles shall apply to the activities and personnel of special organizations of a

Source page 86

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. General observations.—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 fulfill 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 communications used by them. Applicable provisions.—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 proportional to the offence. 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.

In any case, the death penalty may not be pronounced against a protected person who was under

Source page 87

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. Deduction from sentence of period spent under arrest.—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. Offences committed before occupation.—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. 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.

Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both

Source page 88

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. Assistance by the protecting Power.—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. Death sentence.—In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. Article 76 Treatment of detainees.—Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall also have the right to receive any spiritual assistance which they may require.

Such persons shall have the right to receive at least one relief parcel monthly.

Source page 89

Such persons shall have the right to receive at least one relief parcel monthly. Article 77 Handing over of detainees at the close of occupation.—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. 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. Right of appeal.—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.

Wherever possible, interned members of the same family shall be housed in the same premises and

Source page 90

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. Article 85 Accommodation, hygiene.—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 all cases where the district, in which a protected person is temporarily interned, is 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. 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 Premises for religious services.—The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.

Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment,

Source page 91

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. Protective measures.—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. CHAPTER IV HYGIENE AND MEDICAL ATTENTION Article 91 Medical attention.—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 appropriate diet.

Maternity cases and internees suffering from serious diseases, or whose conditions require special

Source page 92

Maternity cases and internees suffering from serious diseases, or whose conditions require 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. 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.—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 general diseases.

Internees shall be given opportunities for physical exercise, sports and outdoor games. For this

Source page 93

Internees shall be given opportunities for physical exercise, sports and outdoor games. Article 95 Working conditions.—The Detaining Power shall not employ internees as workers, unless they so desire. 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. 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. 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 the free maintenance of internees and for the medical attention which their state of health may require.

On release or repatriation, internees shall be given all articles, monies or other valuables taken from

Source page 94

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 an articles or amounts withheld by the Detaining Power by virtue of its legislation in force. 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. Article 98 Financial resources and individual accounts.—All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependents. Every order and command addressed to internees individually must. likewise be given in a language which they understand.

Article 100

Source page 95

Article 100 General discipline.—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 tatooing 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 Complaints and petitions—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 communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107.

CHAPTER VIII

Source page 96

CHAPTER VIII RELATIONS WITH THE EXTERIOR Article 105 Notification of measures taken.—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 Internment card.—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 Correspondence.—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.

The special agreements provided for above shall in no case restrict the right of Internee Committees

Source page 97

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. 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. Article 111 Special means of transport.—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.

Censorship and examination.—The censoring of correspondence addressed to internees or

Source page 98

Censorship and examination.—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. 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 Execution and transmission of legal documents.—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 document 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.

prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply

Source page 99

prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed. 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 Disciplinary punishments.—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 if 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. Account shall be taken of the internee‟s age, sex and state of health. Article 121 Connected offences.—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.

Investigations. Confinement awaiting hearing.—Acts which constitute offences against discipline

Source page 100

Confinement awaiting hearing.—Acts which constitute offences against discipline shall be investigated immediately. 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. 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. The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding.

Article 126

Source page 101

Article 126 Provisions applicable to judicial proceedings.—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 Conditions.—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 attentions. Article 128 Method.—In the event of transfer, internees shall be officially advised of their departure and of their new postal address.

CHAPTER XI

Source page 102

CHAPTER XI DEATHS Article 129 Wills. Death certificates.—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 Burial Cremation.—The detaining authorities shall ensure that internees who die while interned are honourably buried, it 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.

neutral country of certain classes of internees, in particular children, pregnant women and mothers with

Source page 103

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. Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty. By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees. Article 134 Repatriation and return to last place of residence.—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 Costs.—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.

and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all

Source page 104

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. 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. Article 139 Forwarding of person valuables.—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. Article 140 Central Agency.—A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. Article 141 Exemption from charges.—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 104

EXECUTION OF THE CONVENTION

Source page 105

PART IV EXECUTION OF THE CONVENTION SECTION I GENERAL PROVISIONS Article 142 Relief societies and other organizations.—Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organisations, relief societies, or any other 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. Article 144 Dissemination of the Convention.—The High Contacting 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 principle 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. Rules of application.—The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protection Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

Penal sanctions I. General observations.—The High contracting Parties undertake to enact any

Source page 106

General observations.—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 do 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 measure 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. Responsibilities of the Contracting Parties.—No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself of by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 149 Enquiry procedure.—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.

Ratifications.—The present Convention shall be ratified as soon as possible and the ratifications

Source page 107

Ratifications.—The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. Article153 Coming into force.—The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Article 154 Relation with the Hague Conventions.—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 Accession.—From the date of its coming into force, it shall be open to any Power whose name the present Convention has not been signed, to accede to this Convention. Article 158 Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the present Convention. 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, repatriation and re-establishment of the persons protected by the present Convention have been terminated.

Article 159

Source page 108

Article 159 Registration with the United Nations.—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.