1949
United Nations Convention (IV)
Relative to the Protection of Civilian Persons
in Time of War
Signed at Geneva, 12 August 1949
TABLE OF CONTENTS
Articles
PART I
General Provisions
Respect for the Convention 1
Application of the Convention 2
Conflicts not of an international character 3
Definition of protected persons 4
Derogations 5
Beginning and end of application 6
Special agreements 7
Non-renunciation of rights 8
Protecting Powers 9
Activities of the International Committee of the Red
Cross 10
Substitutes for Protecting Powers 11
Conciliation procedure 12
PART II
General Protection of Populations against certain
consequences of war
Field of application of Part II 13
Hospital and safety zones and localities 14
Neutralized zones 15
Wounded and sick: 16
I. General protection
II. Evacuation 17
III. Protection of hospitals 18
IV. Discontinuance of protection of hospitals 19
V. Hospital staff 20
VI. Land and sea transport 21
VII. Air transport 22
Consignments of medical supplies, food and clothing 23
Measures relating to child welfare 24
Family news 25
Dispersed families 26
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
Treatment: 27
I. General observations
II. Danger zones 28
III. Responsibilities 29
Applications to Protecting Powers and
relief organizations 30
Prohibition of coercion 31
Prohibition of corporal punishment, torture, etc.
Individual responsibility, collective penalties
pillage, reprisals 33
Hostages 34
Section II. Aliens in the Territory of a Party to the
Conflict
Right to leave the territory 35
Method of repatriation 36
Persons in confinement 37
Non-repatriated persons: 38
I. General observations
II. Means of existence 39
III. Employment 40
IV. Assigned residence. Internment 41
V. Grounds for internment or assigned residence.
Voluntary internment 42
VI. Procedure 43
VII. Refugees 44
VIII.Transfer to another Power 45
Cancellation of restrictive measures 46
Section III. Occupied Territories
Inviolability of rights 47
Special cases of repatriation 48
Deportations, transfers, evacuations 49
Children 50
Enlistment. Labour 51
Protection of workers 52
Prohibited destruction 53
Judges and public officials 54
Food and medical supplies for the population 55
Hygiene and public health 56
Requisition of hospitals 57
Spiritual assistance 58
Relief: 59
I. Collective relief
II. Responsibilities of the Occupying Power 60
III. Distribution 61
IV. Individual relief 62
National Red Cross and other relief societies 63
Penal legislation: 64
I. General observations
II. Publication 65
III. Competent courts 66
IV. Applicable provisions 67
V. Penalties. Death penalty 68
VI. Deduction from sentence of period
spent under arrest 69
VII.Offences committed before occupation 70
Penal procedure: 71
I. General observations
II.Right of defence 72
III.Right of appeal 73
IV.Assistance by the Protecting Power 74
V.Death sentence 75
Treatment of detainees 76
Handing over of detainees at the close of
occupation 77
Security measures. Internment and assigned
residence. Right of appeal 78
Section IV. Regulations for the Treatment of
Internees
Chapter I. General provisions
Cases of internment and applicable provisions 79
Civil capacity 80
Maintenance 81
Grouping of internees 82
Chapter II. Places of internment
Location of places of internment. Marking of camps 83
Separate internment 84
Accommodation, hygiene 85
Premises for religious services 86
Canteens 87
Air raid shelters. Protective measures 88
Chapter III. Food and clothing
Food 89
Clothing 90
Chapter IV. Hygiene and medical attention
Medical attention 91
Medical inspections 92
Chapter V. Religious, intellectual and physical
activities
Religious duties 93
Recreation, study, sports and games 94
Working conditions 95
Labour detachments 96
Chapter VI. Personal property and financial resources
Valuables and personal effects 97
Financial resources and individual accounts 98
Chapter VII. Administration and discipline
Camp administration. Posting of the
Convention and of orders 99
General discipline 100
Complaints and petitions 101
Internee committees: 102
I. Election of members
II. Duties 103
III. Prerogatives 104
Chapter VIII. Relations with the exterior
Notification of measure taken
Internment card 106
Correspondence 107
Relief shipments: 108
I. General principles 108
II. Collective relief 109
III. Exemption from postal and transport charges 110
Special means of transport 111
Censorship and examination 112
Execution and transmission of legal documents 113
Management of property 114
Facilities for preparation and conduct of cases 115
Visits 116
Chapter IX. Penal and disciplinary sanctions
General provisions. Applicable legislation 117
Penalties 118
Disciplinary punishments 119
Escapes 120
Connected offences 121
Investigations. Confinement awaiting hearing 122
Competent authorities. Procedure 123
Premises for disciplinary punishments 124
Essential safeguards 125
Provisions applicable to judicial proceedings 126
Chapter X. Transfers of internees
Conditions 127
Method 128
Chapter XI. Deaths
Wills. Death certificates 129
Burial. Cremation 130
Internees killed or injured in special
circumstances 131
Chapter XII. Release, repatriation and accommodation
in Neutral Countries
During hostilities or occupation 132
After the close of hostilities 133
Repatriation and return to last place of
residence 134
Costs 135
Section V. Information Bureaux and Central Agency
National Bureaux 136
Transmission of information 137
Particulars required 138
Forwarding of personal valuables 139
Central Agency 140
Exemption from charges 141
PART IV
Execution of the Convention
Section 1. General Provisions
Relief societies and other organizations 142
Supervision 143
Dissemination of the Convention 144
Translations. Rules of application 145
Penal sanctions: 146
I. General observations
II. Grave breaches 147
III. Responsibilities of the Contracting
Parties 148
Enquiry procedure 149
Section II. Final Provisions
Languages 150
Signature 151
Ratification 152
Coming into force 153
Relation with The Hague Conventions 154
Accession 155
Notification of accessions 156
Immediate effect 157
Denunciation 158
Registration with the United Nations 159
Annex I
Draft Agreement relating to Hospital and Safety Zones
and Localities
Annex II
Draft Regulations concerning Collective Relief
Annex III
Internment Card
Letter
Correspondence Card
The undersigned Plenipotentiaries of the Governments
represented at the Diplomatic Conference held at Geneva
from 21 April to 12 August 1949, for the purpose of
establishing a Convention for the Protection of
Civilians in Time of War, have agreed as follows:
PART I
GENERAL PROVISIONS
Article 1. The High Contracting Parties undertake to
respect and to ensure respect for the present Convention
in all circumstances.
Art. 2. In addition to the provisions which shall be
implemented in peace-time, the present Convention shall
apply to all cases of declared war or of any other armed
conflict which may arise between two or more of the High
Contracting Parties, even if the state of war is not
recognized by one of them.
The Convention shall also apply to all cases of
partial or total occupation of the territory of a High
Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a
party to the present Convention, the Powers who are
parties thereto shall remain bound by it in their mutual
relations. They shall furthermore be bound by the
Convention in relation to the said Power, if the latter
accepts and applies the provisions thereof.
Art. 3. In the case of armed conflict not of an
international character occurring in the territory of
one of the High Contracting Parties, each Party to the
conflict shall be bound to apply, as a minimum, the
following provisions:
(1) Persons taking no active part in the hostilities,
including members of armed forces who have laid down
their arms and those placed hors de combat by sickness,
wounds, detention, or any other cause, shall in all
circumstances be treated humanely, without any adverse
distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria. To
this end the following acts are and shall remain
prohibited at any time and in any place whatsoever with
respect to the above-mentioned persons: (a) violence to
life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture; (b) taking of
hostages; (c) outrages upon personal dignity, in
particular humiliating and degrading treatment; (d) the
passing of sentences and the carrying out of executions
without previous judgment pronounced by a regularly
constituted court, affording all the judicial guarantees
which are recognized as indispensable by civilized
peoples. (2) The wounded and sick shall be collected and
cared for.
An impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its
services to the Parties to the conflict.
The Parties to the conflict should further endeavour
to bring into force, by means of special agreements, all
or part of the other provisions of the present
Convention.
The application of the preceding provisions shall not
affect the legal status of the Parties to the conflict.
Art. 4. Persons protected by the Convention are those
who, at a given moment and in any manner whatsoever,
find themselves, in case of a conflict or occupation, in
the hands of a Party to the conflict or Occupying Power
of which they are not nationals.
Nationals of a State which is not bound by the
Convention are not protected by it. Nationals of a
neutral State who find themselves in the territory of a
belligerent State, and nationals of a co-belligerent
State, shall not be regarded as protected persons while
the State of which they are nationals has normal
diplomatic representation in the State in whose hands
they are.
The provisions of Part II are, however, wider in
application, as defined in Article 13.
Persons protected by the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of 12 August 1949, or by the
Geneva Convention for the Amelioration of the Condition
of Wounded, Sick and Shipwrecked Members of Armed Forces
at Sea of 12 August 1949, or by the Geneva Convention
relative to the Treatment of Prisoners of War of 12
August 1949, shall not be considered as protected
persons within the meaning of the present Convention.
Art. 5 Where in the territory of a Party to the
conflict, the latter is satisfied that an individual
protected person is definitely suspected of or engaged
in activities hostile to the security of the State, such
individual person shall not be entitled to claim such
rights and privileges under the present Convention as
would, if exercised in the favour of such individual
person, be prejudicial to the security of such State.
Where in occupied territory an individual protected
person is detained as a spy or saboteur, or as a person
under definite suspicion of activity hostile to the
security of the Occupying Power, such person shall, in
those cases where absolute military security so
requires, be regarded as having forfeited rights of
communication under the present Convention.
In each case, such persons shall nevertheless be
treated with humanity and, in case of trial, shall not
be deprived of the rights of fair and regular trial
prescribed by the present Convention. They shall also be
granted the full rights and privileges of a protected
person under the present Convention at the earliest date
consistent with the security of the State or Occupying
Power, as the case may be.
Art. 6. The present Convention shall apply from the
outset of any conflict or occupation mentioned in
Article 2.
In the territory of Parties to the conflict, the
application of the present Convention shall cease on the
general close of military operations.
In the case of occupied territory, the application of
the present Convention shall cease one year after the
general close of military operations; however, the
Occupying Power shall be bound, for the duration of the
occupation, to the extent that such Power exercises the
functions of government in such territory, by the
provisions of the following Articles of the present
Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53,
59, 61 to 77, 143.
Protected persons whose release, repatriation or
re-establishment may take place after such dates shall
meanwhile continue to benefit by the present Convention.
Art. 7. In addition to the agreements expressly
provided for in Articles 11, 14, 15, 17, 36, 108, 109,
132, 133 and 149, the High Contracting Parties may
conclude other special agreements for all matters
concerning which they may deem it suitable to make
separate provision. No special agreement shall adversely
affect the situation of protected persons, as defined by
the present Convention, not 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.
Art. 8. Protected persons may in no circumstances
renounce in part or in entirety the rights secured to
them by the present Convention, and by the special
agreements referred to in the foregoing Article, if such
there be.
Art. 9. The present Convention shall be applied with
the cooperation and under the scrutiny of the Protecting
Powers whose duty it is to safeguard the interests of
the Parties to the conflict. For this purpose, the
Protecting Powers may appoint, apart from their
diplomatic or consular staff, delegates from amongst
their own nationals or the nationals of other neutral
Powers. The said delegates shall be subject to the
approval of the Power with which they are to carry out
their duties.
The Parties to the conflict shall facilitate to the
greatest extent possible the task of the representatives
or delegates of the Protecting Powers.
The representatives or delegates of the Protecting
Powers shall not in any case exceed their mission under
the present Convention.
They shall, in particular, take account of the
imperative necessities of security of the State wherein
they carry out their duties.
Art. 10. The provisions of the present Convention
constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or
any other impartial humanitarian organization may,
subject to the consent of the Parties to the conflict
concerned, undertake for the protection of civilian
persons and for their relief.
Art. 11. The High Contracting Parties may at any time
agree to entrust to an international organization which
offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of
the present Convention.
When persons protected by the present Convention do
not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an
organization provided for in the first paragraph above,
the Detaining Power shall request a neutral State, or
such an organization, to undertake the functions
performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the
Detaining Power shall request or shall accept, subject
to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the
International Committee of the Red Cross, to assume the
humanitarian functions performed by Protecting Powers
under the present Convention.
Any neutral Power or any organization invited by the
Power concerned or offering itself for these purposes,
shall be required to act with a sense of responsibility
towards the Party to the conflict on which persons
protected by the present Convention depend, and shall be
required to furnish sufficient assurances that it is in
a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be
made by special agreements between Powers one of which
is restricted, even temporarily, in its freedom to
negotiate with the other Power or its allies by reason
of military events, more particularly where the whole,
or a substantial part, of the territory of the said
Power is occupied.
Whenever in the present Convention mention is made of
a Protecting Power, such mention applies to substitute
organizations in the sense of the present Article.
The provisions of this Article shall extend and be
adapted to cases of nationals of a neutral State who are
in occupied territory or who find themselves in the
territory of a belligerent State in which the State of
which they are nationals has not normal diplomatic
representation.
Art. 12. In cases where they deem it advisable in the
interest of protected persons, particularly in cases of
disagreement between the Parties to the conflict as to
the application or interpretation of the provisions of
the present Convention, the Protecting Powers shall lend
their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may,
either at the invitation of one Party or on its own
initiative, propose to the Parties to the conflict a
meeting of their representatives, and in particular of
the authorities responsible for protected persons,
possibly on neutral territory suitably chosen. The
Parties to the conflict shall be bound to give effect to
the proposals made to them for this purpose. The
Protecting Powers may, if necessary, propose for
approval by the Parties to the conflict a person
belonging to a neutral Power, or delegated by the
International Committee of the Red Cross, who shall be
invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN
CONSEQUENCES OF WAR
Art. 13. The provisions of Part II cover the whole of
the populations of the countries in conflict, without
any adverse distinction based, in particular, on race,
nationality, religion or political opinion, and are
intended to alleviate the sufferings caused by war.
Art. 14. In time of peace, the High Contracting
Parties and, after the outbreak of hostilities, the
Parties thereto, may establish in their own territory
and, if the need arises, in occupied areas, hospital and
safety zones and localities so organized as to protect
from the effects of war, wounded, sick and aged persons,
children under fifteen, expectant mothers and mothers of
children under seven.
Upon the outbreak and during the course of
hostilities, the Parties concerned may conclude
agreements on mutual recognition of the zones and
localities they have created. They may for this purpose
implement the provisions of the Draft Agreement annexed
to the present Convention, with such amendments as they
may consider necessary.
The Protecting Powers and the International Committee
of the Red Cross are invited to lend their good offices
in order to facilitate the institution and recognition
of these hospital and safety zones and localities.
Art. 15. Any Party to the conflict may, either direct
or through a neutral State or some humanitarian
organization, propose to the adverse Party to establish,
in the regions where fighting is taking place,
neutralized zones intended to shelter from the effects
of war the following persons, without distinction: (a)
wounded and sick combatants or non-combatants; (b)
civilian persons who take no part in hostilities, and
who, while they reside in the zones, perform no work of
a military character.
When the Parties concerned have agreed upon the
geographical position, administration, food supply and
supervision of the proposed neutralized zone, a written
agreement shall be concluded and signed by the
representatives of the Parties to the conflict. The
agreement shall fix the beginning and the duration of
the neutralization of the zone.
Art. 16. The wounded and sick, as well as the infirm,
and expectant mothers, shall be the object of particular
protection and respect.
As far as military considerations allow, each Party
to the conflict shall facilitate the steps taken to
search for the killed and wounded, to assist the
shipwrecked and other persons exposed to grave danger,
and to protect them against pillage and ill-treatment.
Art. 17. The Parties to the conflict shall endeavour
to conclude local agreements for the removal from
besieged or encircled areas, of wounded, sick, infirm,
and aged persons, children and maternity cases, and for
the passage of ministers of all religions, medical
personnel and medical equipment on their way to such
areas.
Art. 18. Civilian hospitals organized to give care to
the wounded and sick, the infirm and maternity cases,
may in no circumstances be the object of attack but
shall at all times be respected and protected by the
Parties to the conflict.
States which are Parties to a conflict shall provide
all civilian hospitals with certificates showing that
they are civilian hospitals and that the buildings which
they occupy are not used for any purpose which would
deprive these hospitals of protection in accordance with
Article 19.
Civilian hospitals shall be marked by means of the
emblem provided for in Article 38 of the Geneva
Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of 12
August 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as
military considerations permit, take the necessary steps
to make the distinctive emblems indicating civilian
hospitals clearly visible to the enemy land, air and
naval forces in order to obviate the possibility of any
hostile action.
In view of the dangers to which hospitals may be
exposed by being close to military objectives, it is
recommended that such hospitals be situated as far as
possible from such objectives.
Art. 19. The protection to which civilian hospitals
are entitled shall not cease unless they are used to
commit, outside their humanitarian duties, acts harmful
to the enemy. Protection may, however, cease only after
due warning has been given, naming, in all appropriate
cases, a reasonable time limit and after such warning
has remained unheeded. The fact that sick or wounded
members of the armed forces are nursed in these
hospitals, or the presence of small arms and ammunition
taken from such combatants which have not yet been
handed to the proper service, shall not be considered to
be acts harmful to the enemy.
Art. 20. Persons regularly and solely engaged in the
operation and administration of civilian hospitals,
including the personnel engaged in the search for,
removal and transporting of and caring for wounded and
sick civilians, the infirm and maternity cases shall be
respected and protected.
In occupied territory and in zones of military
operations, the above personnel shall be recognizable by
means of an identity card certifying their status,
bearing the photograph of the holder and embossed with
the stamp of the responsible authority, and also by
means of a stamped, water-resistant armlet which they
shall wear on the left arm while carrying out their
duties. This armlet shall be issued by the State and
shall bear the emblem provided for in Article 38 of the
Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field of
12 August 1949.
Other personnel who are engaged in the operation and
administration of civilian hospitals shall be entitled
to respect and protection and to wear the armlet, as
provided in and under the conditions prescribed in this
Article, while they are employed on such duties. The
identity card shall state the duties on which they are
employed.
The management of each hospital shall at all times
hold at the disposal of the competent national or
occupying authorities an up-to-date list of such
personnel.
Art. 21. Convoys of vehicles or hospital trains on
land or specially provided vessels on sea, conveying
wounded and sick civilians, the infirm and maternity
cases, shall be respected and protected in the same
manner as the hospitals provided for in Article 18, and
shall be marked, with the consent of the State, by the
display of the distinctive emblem provided for in
Article 38 of the Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces
in the Field of 12 August 1949.
Art.22. Aircraft exclusively employed for the removal
of wounded and sick civilians, the infirm and maternity
cases or for the transport of medical personnel and
equipment, shall not be attacked, but shall be respected
while flying at heights, times and on routes
specifically agreed upon between all the Parties to the
conflict concerned.
They may be marked with the distinctive emblem
provided for in Article 38 of the Geneva Convention for
the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of 12 August 1949.
Unless agreed otherwise, flights over enemy or enemy
occupied territory are prohibited.
Such aircraft shall obey every summons to land. In
the event of a landing thus imposed, the aircraft with
its occupants may continue its flight after examination,
if any.
Art. 23. Each High Contracting Party shall allow the
free passage of all consignments of medical and hospital
stores and objects necessary for religious worship
intended only for civilians of another High Contracting
Party, even if the latter is its adversary. It shall
likewise permit the free passage of all consignments of
essential foodstuffs, clothing and tonics intended for
children under fifteen, expectant mothers and maternity
cases.
The obligation of a High Contracting Party to allow
the free passage of the consignments indicated in the
preceding paragraph is subject to the condition that
this Party is satisfied that there are no serious
reasons for fearing: (a) that the consignments may be
diverted from their destination, (b) that the control
may not be effective, or (c) that a definite advantage
may accrue to the military efforts or economy of the
enemy through the substitution of the above-mentioned
consignments for goods which would otherwise be provided
or produced by the enemy or through the release of such
material, services or facilities as would otherwise be
required for the production of such goods.
The Power which allows the passage of the
consignments indicated in the first paragraph of this
Article may make such permission conditional on the
distribution to the persons benefited thereby being made
under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as
possible, and the Power which permits their free passage
shall have the right to prescribe the technical
arrangements under which such passage is allowed.
Art.24. The Parties to the conflict shall take the
necessary measures to ensure that children under
fifteen, who are orphaned or are separated from their
families as a result of the war, are not left to their
own resources, and that their maintenance, the exercise
of their religion and their education are facilitated in
all circumstances. Their education shall, as far as
possible, be entrusted to persons of a similar cultural
tradition.
The Parties to the conflict shall facilitate the
reception of such children in a neutral country for the
duration of the conflict with the consent of the
Protecting Power, if any, and under due safeguards for
the observance of the principles stated in the first
paragraph.
They shall, furthermore, endeavour to arrange for all
children under twelve to be identified by the wearing of
identity discs, or by some other means.
Art. 25. All persons in the territory of a Party to
the conflict, or in a territory occupied by it, shall be
enabled to give news of a strictly personal nature to
members of their families, wherever they may be, and to
receive news from them. This correspondence shall be
forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes
difficult or impossible to exchange family
correspondence by the ordinary post, the Parties to the
conflict concerned shall apply to a neutral
intermediary, such as the Central Agency provided for in
Article 140, and shall decide in consultation with it
how to ensure the fulfilment of their obligations under
the best possible conditions, in particular with the
cooperation of the National Red Cross (Red Crescent, Red
Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to
restrict family correspondence, such restrictions shall
be confined to the compulsory use of standard forms
containing twenty-five freely chosen words, and to the
limitation of the number of these forms despatched to
one each month.
Art. 26. Each Party to the conflict shall facilitate
enquiries made by members of families dispersed owing to
the war, with the object of renewing contact with one
another and of meeting, if possible. It shall encourage,
in particular, the work of organizations engaged on this
task provided they are acceptable to it and conform to
its security regulations.
PART III STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I
Provisions Common to the Territories of the Parties
to the Conflict and to Occupied Territories
Art. 27. Protected persons are entitled, in all
circumstances, to respect for their persons, their
honour, their family rights, their religious convictions
and practices, and their manners and customs. They shall
at all times be humanely treated, and shall be protected
especially against all acts of violence or threats
thereof and against insults and public curiosity.
Women shall be especially protected against any
attack on their honour, in particular against rape,
enforced prostitutiOn, or any form of indecent assault.
Without prejudice to the provisions relating to their
state of health, age and sex, all protected persons
shall be treated with the same consideration by the
Party to the conflict in whose power they are, without
any adverse distinction based, in particular, on race,
religion or political opinion.
However, the Parties to the conflict may take such
measures of control and security in regard to protected
persons as may be necessary as a result of the war.
Art. 28. The presence of a protected person may not
be used to render certain points or areas immune from
military operations.
Art. 29. The Party to the conflict in whose hands
protected persons may be, is responsible for the
treatment accorded to them by its agents, irrespective
of any individual responsibility which may be incurred.
Art. 30. Protected persons shall have every facility
for making application to the Protecting Powers, the
International Committee of the Red Cross, the National
Red Cross (Red Crescent, Red Lion and Sun) Society of
the country where they may be, as well as to any
organization that might assist them.
These several organizations shall be granted all
facilities for that purpose by the authorities, within
the bounds set by military or security considerations.
Apart from the visits of the delegates of the
Protecting Powers and of the International Committee of
the Red Cross, provided for by Article 143, the
Detaining or Occupying Powers shall facilitate, as much
as possible, visits to protected persons by the
representatives of other organizations whose object is
to give spiritual aid or material relief to such
persons.
Art. 31. No physical or moral coercion shall be
exercised against protected persons, in particular to
obtain information from them or from third parties.
Art. 32. The High Contracting Parties specifically
agree that each of them is prohibited from taking any
measure of such a character as to cause the physical
suffering or extermination of protected persons in their
hands. This prohibition applies not only to murder,
torture, corporal punishments, mutilation and medical or
scientific experiments not necessitated by the medical
treatment of a protected person, but also to any other
measures of brutality whether applied by civilian or
military agents.
Art. 33. No protected person may be punished for an
offence he or she has not personally committed.
Collective penalties and likewise all measures of
intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their
property are prohibited.
Art. 34. The taking of hostages is prohibited.
SECTION II
Aliens in the Territory of a Party to the Conflict
Art. 35. All protected persons who may desire to
leave the territory at the outset of, or during a
conflict, shall be entitled to do so, unless their
departure is contrary to the national interests of the
State. The applications of such persons to leave shall
be decided in accordance with regularly established
procedures and the decision shall be taken as rapidly as
possible. Those persons permitted to leave may provide
themselves with the necessary funds for their journey
and take with them a reasonable amount of their effects
and articles of personal use.
If any such person is refused permission to leave the
territory, he shall be entitled to have 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.
Art. 36. Departures permitted under the foregoing
Article shall be carried out in satisfactory conditions
as regards safety, hygiene, sanitation and food. All
costs in connection therewith, from the point of exit in
the territory of the Detaining Power, shall be borne by
the country of destination, or, in the case of
accommodation in a neutral country, by the Power whose
nationals are benefited. The practical details of such
movements may, if necessary, be settled by special
agreements between the Powers concerned.
The foregoing shall not prejudice such special
agreements as may be concluded between Parties to the
conflict concerning the exchange and repatriation of
their nationals in enemy hands.
Art. 37. Protected persons who are confined pending
proceedings or subject to a sentence involving loss of
liberty, shall during their confinement be humanely
treated.
As soon as they are released, they may ask to leave
the territory in conformity with the foregoing Articles.
Art. 38. With the exception of special measures
authorized by the present Convention, in particularly by
Article 27 and 41 thereof, the situation of protected
persons shall continue to be regulated, in principle, by
the provisions concerning aliens in time of peace. In
any case, the following rights shall be granted to them:
(1) they shall be enabled to receive the individual or
collective relief that may be sent to them. (2) they
shall, if their state of health so requires, receive
medical attention and hospital treatment to the same
extent as the nationals of the State concerned. (3) they
shall be allowed to practise their religion and to
receive spiritual assistance from ministers of their
faith. (4) if they reside in an area particularly
exposed to the dangers of war, they shall be authorized
to move from that area to the same extent as the
nationals of the State concerned. (5) children under
fifteen years, pregnant women and mothers of children
under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the
State concerned.
Art. 39. Protected persons who, as a result of the
war, have lost their gainful employment, shall be
granted the opportunity to find paid employment. That
opportunity shall, subject to security considerations
and to the provisions of Article 40, be equal to that
enjoyed by the nationals of the Power in whose territory
they are.
Where a Party to the conflict applies to a protected
person methods of control which result in his being
unable to support himself, and especially if such a
person is prevented for reasons of security from finding
paid employment on reasonable conditions, the said Party
shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances
from their home country, the Protecting Power, or the
relief societies referred to in Article 30.
Art. 40. Protected persons may be compelled to work
only to the same extent as nationals of the Party to the
conflict in whose territory they are.
If protected persons are of enemy nationality, they
may only be compelled to do work which is normally
necessary to ensure the feeding, sheltering, clothing,
transport and health of human beings and which is not
directly related to the conduct of military operations.
In the cases mentioned in the two preceding
paragraphs, protected persons compelled to work shall
have the benefit of the same working conditions and of
the same safeguards as national workers in particular as
regards wages, hours of labour, clothing and equipment,
previous training and compensation for occupational
accidents and diseases.
If the above provisions are infringed, protected
persons shall be allowed to exercise their right of
complaint in accordance with Article 30.
Art. 41. Should the Power, in whose hands protected
persons may be, consider the measures of control
mentioned in the present Convention to be inadequate, it
may not have recourse to any other measure of control
more severe than that of assigned residence or
internment, in accordance with the provisions of
Articles 42 and 43.
In applying the provisions of Article 39, second
paragraph, to the cases of persons required to leave
their usual places of residence by virtue of a decision
placing them in assigned residence, 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.
Art. 42. The internment or placing in assigned
residence of protected persons may be ordered only if
the security of the Detaining Power makes it absolutely
necessary.
If any person, acting through the representatives of
the Protecting Power, voluntarily demands internment,
and if his situation renders this step necessary, he
shall be interned by the Power in whose hands he may be.
Art. 43. Any protected person who has been interned
or placed in assigned residence shall be entitled to
have such action reconsidered as soon as possible by an
appropriate court or administrative board designated by
the Detaining Power for that purpose. If the internment
or placing in assigned residence is maintained, the
court or administrative board shall periodically, and at
least twice yearly, give consideration to his or her
case, with a view to the favourable amendment of the
initial decision, if circumstances permit.
Unless the protected persons concerned object, the
Detaining Power shall, as rapidly as possible, give the
Protecting Power the names of any protected persons who
have been interned or subjected to assigned residence,
or who have been released from internment or assigned
residence. The decisions of the courts or boards
mentioned in the first paragraph of the present Article
shall also, subject to the same conditions, be notified
as rapidly as possible to the Protecting Power.
Art. 44. In applying the measures of control
mentioned in the present Convention, the Detaining Power
shall not treat as enemy aliens exclusively on the basis
of their nationality de jure of an enemy State, refugees
who do not, in fact, enjoy the protection of any
government.
Art. 45. Protected persons shall not be transferred
to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle
to the repatriation of protected persons, or to their
return to their country of residence after the cessation
of hostilities.
Protected persons may be transferred by the Detaining
Power only to a Power which is a party to the present
Convention and after the Detaining Power has satisfied
itself of the willingness and ability of such transferee
Power to apply the present Convention. If protected
persons are transferred under such circumstances,
responsibility for the application of the present
Convention rests on the Power accepting them, while they
are in its custody. Nevertheless, if that Power fails to
carry out the provisions of the present Convention in
any important respect, the Power by which the protected
persons were transferred shall, upon being so notified
by the Protecting Power, take effective measures to
correct the situation or shall request the return of the
protected persons. Such request must be complied with.
In no circumstances shall a protected person be
transferred to a country where he or she may have reason
to fear persecution for his or her political opinions or
religious beliefs.
The provisions of this Article do not constitute an
obstacle to the extradition, in pursuance of extradition
treaties concluded before the outbreak of hostilities,
of protected persons accused of offences against
ordinary criminal law.
Art. 46. In so far as they have not been previously
withdrawn, restrictive measures taken regarding
protected persons shall be cancelled as soon as possible
after the close of hostilities.
Restrictive measures affecting their property shall
be cancelled, in accordance with the law of the
Detaining Power, as soon as possible after the close of
hostilities.
SECTION III
Occupied Territories
Art. 47. Protected persons who are in occupied
territory shall not be deprived, in any case or in any
manner whatsoever, of the benefits of the present
Convention by any change introduced, as the result of
the occupation of a territory, into the institutions or
government of the said territory, nor by any agreement
concluded between the authorities of the occupied
territories and the Occupying Power, nor by any
annexation by the latter of the whole or part of the
occupied territory.
Art. 48. Protected persons who are not nationals of
the Power whose territory is occupied, may avail
themselves of the right to leave the territory subject
to the provisions of Article 35, and decisions thereon
shall be taken in accordance with the procedure which
the Occupying Power shall establish in accordance with
the said Article.
Art. 49. Individual or mass forcible transfers, as
well as deportations of protected persons from occupied
territory to the territory of the Occupying Power or to
that of any other country, occupied or not, are
prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total
or partial evacuation of a given area if the security of
the population or imperative military reasons so demand.
Such evacuations may not involve the displacement of
protected persons outside the bounds of the occupied
territory except when for material reasons it is
impossible to avoid such displacement. Persons thus
evacuated shall be transferred back to their homes as
soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or
evacuations shall ensure, to the greatest practicable
extent, that proper accommodation is provided to receive
the protected persons, that the removals are effected in
satisfactory conditions of hygiene, health, safety and
nutrition, and that members of the same family are not
separated.
The Protecting Power shall be informed of any
transfers and evacuations as soon as they have taken
place.
The Occupying Power shall not detain protected
persons in an area particularly exposed to the dangers
of war unless the security of the population or
imperative military reasons so demand.
The Occupying Power shall not deport or transfer
parts of its own civilian population into the territory
it occupies.
Art. 50. The Occupying Power shall, with the
cooperation of the national and local authorities,
facilitate the proper working of all institutions
devoted to the care and education of children.
The Occupying Power shall take all necessary steps to
facilitate the identification of children and the
registration of their parentage. It may not, in any
case, change their personal status, nor enlist them in
formations or organizations subordinate to it.
Should the local institutions be inadequate for the
purpose, the Occupying Power shall make arrangements for
the maintenance and education, if possible by persons of
their own nationality, language and religion, of
children who are orphaned or separated from their
parents as a result of the war and who cannot be
adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance
with Article 136 shall be responsible for taking all
necessary steps to identify children whose identity is
in doubt. Particulars of their parents or other near
relatives should always be recorded if available.
The Occupying Power shall not hinder the application
of any preferential measures in regard to food, medical
care and protection against the effects of war which may
have been adopted prior to the occupation in favour of
children under fifteen years, expectant mothers, and
mothers of children under seven years.
Art. 51. The Occupying Power may not compel protected
persons to serve in its armed or auxiliary forces. No
pressure or propaganda which aims at securing voluntary
enlistment is permitted.
The Occupying Power may not compel protected persons
to work unless they are over eighteen years of age, and
then only on work which is necessary either for the
needs of the army of occupation, or for the public
utility services, or for the feeding, sheltering,
clothing, transportation or health of the population of
the occupied country. Protected persons may not be
compelled to undertake any work which would involve them
in the obligation of taking part in military operations.
The Occupying Power may not compel protected persons to
employ forcible means to ensure the security of the
installations where they are performing compulsory
labour.
The work shall be carried out only in the occupied
territory where the persons whose services have been
requisitioned are. Every such person shall, so far as
possible, be kept in his usual place of employment.
Workers shall be paid a fair wage and the work shall be
proportionate to their physical and intellectual
capacities. The legislation in force in the occupied
country concerning working conditions, and safeguards as
regards, in particular, such matters as wages, hours of
work, equipment, preliminary training and compensation
for occupational accidents and diseases, shall be
applicable to the protected persons assigned to the work
referred to in this Article.
In no case shall requisition of labour lead to a
mobilization of workers in an organization of a military
or semi-military character.
Art. 52. No contract, agreement or regulation shall
impair the right of any worker, whether voluntary or not
and wherever he may be, to apply to the representatives
of the Protecting Power in order to request the said
Power's intervention.
All measures aiming at creating unemployment or at
restricting the opportunities offered to workers in an
occupied territory, in order to induce them to work for
the Occupying Power, are prohibited.
Art. 53. Any destruction by the Occupying Power of
real or personal property belonging individually or
collectively to private persons, or to the State, or to
other public authorities, or to social or cooperative
organizations, is prohibited, except where such
destruction is rendered absolutely necessary by military
operations.
Art. 54. The Occupying Power may not alter the status
of public officials or judges in the occupied
territories, or in any way apply sanctions to or take
any measures of coercion or discrimination against them,
should they abstain from fulfilling their functions for
reasons of conscience.
This prohibition does not prejudice the application
of the second paragraph of Article 51. It does not
affect the right of the Occupying Power to remove public
officials from their posts.
Art. 55. To the fullest extent of the means available
to it, the Occupying Power has the duty of ensuring the
food and medical supplies of the population; it should,
in particular, bring in the necessary foodstuffs,
medical stores and other articles if the resources of
the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs,
articles or medical supplies available in the occupied
territory, except for use by the occupation forces and
administration personnel, and then only if the
requirements of the civilian population have been taken
into account. Subject to the provisions of other
international Conventions, the Occupying Power shall
make arrangements to ensure that fair value is paid for
any requisitioned goods.
The Protecting Power shall, at any time, be at
liberty to verify the state of the food and medical
supplies in occupied territories, except where temporary
restrictions are made necessary by imperative military
requirements.
Art. 56. To the fullest extent of the means available
to it, the public Occupying Power has the duty of
ensuring and maintaining, with the cooperation of
national and local authorities, the medical and hospital
establishments and services, public health and hygiene
in the occupied territory, with particular reference to
the adoption and application of the prophylactic and
preventive measures necessary to combat the spread of
contagious diseases and epidemics. Medical personnel of
all categories shall be allowed to carry out their
duties.
If new hospitals are set up in occupied territory and
if the competent organs of the occupied State are not
operating there, the occupying authorities shall, if
necessary, grant them the recognition provided for in
Article 18. In similar circumstances, the occupying
authorities shall also grant recognition to hospital
personnel and transport vehicles under the provisions of
Articles 20 and 21.
In adopting measures of health and hygiene and in
their implementation, the Occupying Power shall take
into consideration the moral and ethical
susceptibilities of the population of the occupied
territory.
Art. 57. The Occupying Power may requisition civilian
hospitals of hospitals only temporarily and only in
cases of urgent necessity for the care of military
wounded and sick, and then on condition that suitable
arrangements are made in due time for the care and
treatment of the patients and for the needs of the
civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot
be requisitioned so long as they are necessary for the
needs of the civilian population.
Art. 58. The Occupying Power shall permit ministers
of religion to give spiritual assistance to the members
of their religious communities.
The Occupying Power shall also accept consignments of
books and articles required for religious needs and
shall facilitate their distribution in occupied
territory.
Art. 59. If the whole or part of the population of an
occupied territory is inadequately supplied, the
Occupying Power shall agree to relief schemes on behalf
of the said population, and shall facilitate them by all
the means at its disposal.
Such schemes, which may be undertaken either by
States or by impartial humanitarian organizations such
as the International Committee of the Red Cross, shall
consist, in particular, of the provision of consignments
of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage
of these consignments and shall guarantee their
protection.
A Power granting free passage to consignments on
their way to territory occupied by an adverse Party to
the conflict shall, however, have the right to search
the consignments, to regulate their passage according to
prescribed times and routes, and to be reasonably
satisfied through the Protecting Power that these
consignments are to be used for the relief of the needy
population and are not to be used for the benefit of the
Occupying Power.
Art. 60. Relief consignments shall in no way relieve
the Occupying Power of any of its responsibilities under
Articles 55, 56 and 59. The Occupying Power shall in no
way whatsoever divert relief consignments from the
purpose for which they are intended, except in cases of
urgent necessity, in the interests of the population of
the occupied territory and with the consent of the
Protecting Power.
Art. 61. The distribution of the relief consignments
referred to in the foregoing Articles shall be carried
out with the cooperation and under the supervision of
the Protecting Power. This duty may also be delegated,
by agreement between the Occupying Power and the
Protecting Power, to a neutral Power, to the
International Committee of the Red Cross or to any other
impartial humanitarian body.
Such consignments shall be exempt in occupied
territory from all charges, taxes or customs duties
unless these are necessary in the interests of the
economy of the territory. The Occupying Power shall
facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the
transit and transport, free of charge, of such relief
consignments on their way to occupied territories.
Art. 62. Subject to imperative reasons of security,
protected persons in occupied territories shall be
permitted to receive the individual relief consignments
sent to them.
Art. 63. Subject to temporary and exceptional
measures imposed for urgent reasons of security by the
Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red
Lion and Sun) Societies shall be able to pursue their
activities in accordance with Red Cross principles, as
defined by the International Red Cross Conferences.
Other relief societies shall be permitted to continue
their humanitarian activities under similar conditions;
(b) the Occupying Power may not require any changes in
the personnel or structure of these societies, which
would prejudice the aforesaid activities.
The same principles shall apply to the activities and
personnel of special organizations of a non-military
character, which already exist or which may be
established, for the purpose of ensuring the living
conditions of the civilian population by the maintenance
of the essential public utility services, by the
distribution of relief and by the organization of
rescues.
Art. 64. The penal laws of the occupied territory
shall remain in force, with the exception that they may
be repealed or suspended by the Occupying Power in cases
where they constitute a threat to its security or an
obstacle to the application of the present Convention.
Subject to the latter consideration and to the
necessity for ensuring the effective administration of
justice, the tribunals of the occupied territory shall
continue to function in respect of all offences covered
by the said laws.
The Occupying Power may, however, subject the
population of the occupied territory to provisions which
are essential to enable the Occupying Power to fulfil
its obligations under the present Convention, to
maintain the orderly government of the territory, and to
ensure the security of the Occupying Power, of the
members and property of the occupying forces or
administration, and likewise of the establishments and
lines of communication used by them.
Art. 65. The penal provisions enacted by the
Occupying Power shall not come into force before they
have been published and brought to the knowledge of the
inhabitants in their own language. The effect of these
penal provisions shall not be retroactive.
Art. 66. In case of a breach of the penal provisions
promulgated by it by virtue of the second paragraph of
Article 64 the Occupying Power may hand over the accused
to its properly constituted, non-political military
courts, on condition that the said courts sit in the
occupied country. Courts of appeal shall preferably sit
in the occupied country.
Art. 67. The courts shall apply only those provisions
of law which were applicable prior to the offence, and
which are in accordance with general principles of law,
in particular the principle that the penalty shall be
proportionate to the offence. They shall take into
consideration the fact the accused is not a national of
the Occupying Power.
Art. 68. Protected persons who commit an offence
which is solely intended to harm the Occupying Power,
but which does not constitute an attempt on the life or
limb of members of the occupying forces or
administration, nor a grave collective danger, nor
seriously damage the property of the occupying forces or
administration or the installations used by them, shall
be liable to internment or simple imprisonment, provided
the duration of such internment or imprisonment is
proportionate to the offence committed. Furthermore,
internment or imprisonment shall, for such offences, be
the only measure adopted for depriving protected persons
of liberty. The courts provided for under Article 66 of
the present Convention may at their discretion convert a
sentence of imprisonment to one of internment for the
same period.
The penal provisions promulgated by the Occupying
Power in accordance with Articles 64 and 65 may impose
the death penalty on a protected person only in cases
where the person is guilty of espionage, of serious acts
of sabotage against the military installations of the
Occupying Power or of intentional offences which have
caused the death of one or more persons, provided that
such offences were punishable by death under the law of
the occupied territory in force before the occupation
began.
The death penalty may not be pronounced on a
protected person unless the attention of the court has
been particularly called to the fact that since the
accused is not a national of the Occupying Power, he is
not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced
on a protected person who was under eighteen years of
age at the time of the offence.
Art. 69. In all cases the duration of the period
during which a protected person accused of an offence is
under arrest awaiting trial or punishment shall be
deducted from any period of imprisonment of awarded.
Art. 70. Protected persons shall not be arrested,
prosecuted or convicted by the Occupying Power for acts
committed or for opinions expressed before the
occupation, or during a temporary interruption thereof,
with the exception of breaches of the laws and customs
of war.
Nationals of the occupying Power who, before the
outbreak of hostilities, have sought refuge in the
territory of the occupied State, shall not be arrested,
prosecuted, convicted or deported from the occupied
territory, except for offences committed after the
outbreak of hostilities, or for offences under common
law committed before the outbreak of hostilities which,
according to the law of the occupied State, would have
justified extradition in time of peace.
Art. 71. No sentence shall be pronounced by the
competent courts of the Occupying Power except after a
regular trial.
Accused persons who are prosecuted by the Occupying
Power shall be promptly informed, in writing, in a
language which they understand, of the particulars of
the charges preferred against them, and shall be brought
to trial as rapidly as possible. The Protecting Power
shall be informed of all proceedings instituted by the
Occupying Power against protected persons in respect of
charges involving the death penalty or imprisonment for
two years or more; it shall be enabled, at any time, to
obtain information regarding the state of such
proceedings. Furthermore, the Protecting Power shall be
entitled, on request, to be furnished with all
particulars of these and of any other proceedings
instituted by the Occupying Power against protected
persons.
The notification to the Protecting Power, as provided
for in the second paragraph above, shall be sent
immediately, and shall in any case reach the Protecting
Power three weeks before the date of the first hearing.
Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article are fully
complied with, the trial shall not proceed. The
notification shall include the following particulars:
(a) description of the accused; (b) place of residence
or detention; (c) specification of the charge or charges
(with mention of the penal provisions under which it is
brought); (d) designation of the court which will hear
the case; (e) place and date of the first hearing.
Art. 72. Accused persons shall have the right to
present evidence necessary to their defence and may, in
particular, call witnesses. They shall have the right to
be assisted by a qualified advocate or counsel of their
own choice, who shall be able to visit them freely and
shall enjoy the necessary facilities for preparing the
defence.
Failing a choice by the accused, the Protecting Power
may provide him with an advocate or counsel. When an
accused person has to meet a serious charge and the
Protecting Power is not functioning, the Occupying
Power, subject to the consent of the accused, shall
provide an advocate or counsel.
Accused persons shall, unless they freely waive such
assistance, be aided by an interpreter, both during
preliminary investigation and during the hearing in
court. They shall have at any time the right to object
to the interpreter and to ask for his replacement.
Art.73. A convicted person shall have the right of
appeal provided for by the laws applied by the court. He
shall be fully informed of his right to appeal or
petition and of the time limit within which he may do
so.
The penal procedure provided in the present Section
shall apply, as far as it is applicable, to appeals.
Where the laws applied by the Court make no provision
for appeals, the convicted person shall have the right
to petition against the finding and sentence to the
competent authority of the Occupying Power.
Art. 74. Representatives of the Protecting Power
shall have the right to attend the trial of any
protected person, unless the hearing has, as an
exceptional measure, to be held in camera in the
interests of the security of the Occupying Power, which
shall then notify the Protecting Power. A notification
in respect of the date and place of trial shall be sent
to the Protecting Power.
Any judgement involving a sentence of death, or
imprisonment for two years or more, shall be
communicated, with the relevant grounds, as rapidly as
possible to the Protecting Power. The notification shall
contain a reference to the notification made under
Article 71 and, in the case of sentences of
imprisonment, the name of the place where the sentence
is to be served. A record of judgements other than those
referred to above shall be kept by the court and shall
be open to inspection by representatives of the
Protecting Power. Any period allowed for appeal in the
case of sentences involving the death penalty, or
imprisonment of two years or more, shall not run until
notification of judgement has been received by the
Protecting Power.
Art. 75. In no case shall persons condemned to death
be deprived of the right of petition for pardon or
reprieve.
No death sentence shall be carried out before the
expiration of a period of a least six months from the
date of receipt by the Protecting Power of the
notification of the final judgment confirming such death
sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death
sentence herein prescribed may be reduced in individual
cases in circumstances of grave emergency involving an
organized threat to the security of the Occupying Power
or its forces, provided always that the Protecting Power
is notified of such reduction and is given reasonable
time and opportunity to make representations to the
competent occupying authorities in respect of such death
sentences.
Art. 76. Protected persons accused of offences shall
be detained in the occupied country, and if convicted
they shall serve their sentences therein. They shall, if
possible, be separated from other detainees and shall
enjoy conditions of food and hygiene which will be
sufficient to keep them in good health, and which will
be at least equal to those obtaining in prisons in the
occupied country.
They shall receive the medical attention required by
their state of health.
They shall also have the right to receive any
spiritual assistance which they may require.
Women shall be confined in separate quarters and
shall be under the direct supervision of women.
Proper regard shall be paid to the special treatment
due to minors.
Protected persons who are detained shall have the
right to be visited by delegates of the Protecting Power
and of the International Committee of the Red Cross, in
accordance with the provisions of Article 143.
Such persons shall have the right to receive at least
one relief parcel monthly.
Art. 77. Protected persons who have been accused of
offences or convicted by the courts in occupied
territory, shall be handed over at the close of
occupation, with the relevant records, to the
authorities of the liberated territory.
Art. 78. If the Occupying Power considers it
necessary, for imperative reasons of security, to take
safety measures concerning protected persons, it may, at
the most, subject them to assigned residence or to
internment.
Decisions regarding such assigned residence or
internment shall be made according to a regular
procedure to be prescribed by the Occupying Power in
accordance with the provisions of the present
Convention. This procedure shall include the right of
appeal for the parties concerned. Appeals shall be
decided with the least possible delay. In the event of
the decision being upheld, it shall be subject to
periodical review, if possible every six months, by a
competent body set up by the said Power.
Protected persons made subject to assigned residence
and thus required to leave their homes shall enjoy the
full benefit of Article 39 of the present Convention.
SECTION IV
Regulations for the Treatment of Internees
CHAPTER I
General Provisions
Art. 79. The Parties to the conflict shall not intern
protected persons, except in accordance with the
provisions of Articles 41, 42, 43, 68 and 78.
Art. 80. Internees shall retain their full civil
capacity and shall exercise such attendant rights as may
be compatible with their status.
Art. 81. Parties to the conflict who intern protected
persons shall be bound to provide free of charge for
their maintenance, and to grant them also the medical
attention required by their state of health.
No deduction from the allowances, salaries or credits
due to the internees shall be made for the repayment of
these costs.
The Detaining Power shall provide for the support of
those dependent on the internees, if such dependents are
without adequate means of support or are unable to earn
a living.
Art.82. The Detaining Power shall, as far as
possible, accommodate the internees according to their
nationality, language and customs. Internees who are
nationals of the same country shall not be separated
merely because they have different languages.
Throughout the duration of their internment, members
of the same family, and in particular parents and
children, shall be lodged together in the same place of
internment, except when separation of a temporary nature
is necessitated for reasons of employment or health or
for the purposes of enforcement of the provisions of
Chapter IX of the present Section. Internees may request
that their children who are left at liberty without
parental care shall be interned with them.
Wherever possible, interned members of the same
family shall be housed in the same premises and given
separate accommodation from other internees, together
with facilities for leading a proper family life.
CHAPTER II
Places of Internment
Art. 83. The Detaining Power shall not set up places
of internment in areas particularly exposed to the
dangers of war.
The Detaining Power shall give the enemy Powers,
through the intermediary of the Protecting Powers, all
useful information regarding the geographical location
of places of internment.
Whenever military considerations permit, internment
camps shall be indicated by the letters IC, placed so as
to be clearly visible in the daytime from the air. The
Powers concerned may, however, agree upon any other
system of marking. No place other than an internment
camp shall be marked as such.
Art.84. Internees shall be accommodated and
administered separately from prisoners of war and from
persons deprived of liberty for any other reason.
Art. 85. The Detaining Power is bound to take all
necessary and possible measures to ensure that protected
persons shall, from the outset of their internment, be
accommodated in buildings or quarters which afford every
possible safeguard as regards hygiene and health, and
provide efficient protection against the rigours of the
climate and the effects of the war. In no case shall
permanent places of internment be situated in unhealthy
areas or in districts, the climate of which is injurious
to the internees. In all cases where the district, in
which a protected person is temporarily interned, is an
unhealthy area or has a climate which is harmful to his
health, he shall be removed to a more suitable place of
internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness,
adequately heated and lighted, in particular between
dusk and lights out. The sleeping quarters shall be
sufficiently spacious and well ventilated, and the
internees shall have suitable bedding and sufficient
blankets, account being taken of the climate, and the
age, sex, and state of health of the internees.
Internees shall have for their use, day and night,
sanitary conveniences which conform to the rules of
hygiene, and are constantly maintained in a state of
cleanliness. They shall be provided with sufficient
water and soap for their daily personal toilet and for
washing their personal laundry; installations and
facilities necessary for this purpose shall be granted
to them. Showers or baths shall also be available. The
necessary time shall be set aside for washing and for
cleaning.
Whenever it is necessary, as an exceptional and
temporary measure, to accommodate women internees who
are not members of a family unit in the same place of
internment as men, the provision of separate sleeping
quarters and sanitary conveniences for the use of such
women internees shall be obligatory.
Art. 86. The Detaining Power shall place at the
disposal of interned persons, of whatever denomination,
premises suitable for the holding of their religious
services.
Art. 87. Canteens shall be installed in every place
of internment, except where other suitable facilities
are available. Their purpose shall be to enable
internees to make purchases, at prices not higher than
local market prices, of foodstuffs and articles of
everyday use, including soap and tobacco, such as would
increase their personal well-being and comfort.
Profits made by canteens shall be credited to a
welfare fund to be set up for each place of internment,
and administered for the benefit of the internees
attached to such place of internment. The Internee
Committee provided for in Article 102 shall have the
right to check the management of the canteen and of the
said fund.
When a place of internment is closed down, the
balance of the welfare fund shall be transferred to the
welfare fund of a place of internment for internees of
the same nationality, or, if such a place does not
exist, to a central welfare fund which shall be
administered for the benefit of all internees remaining
in the custody of the Detaining Power. In case of a
general release, the said profits shall be kept by the
Detaining Power, subject to any agreement to the
contrary between the Powers concerned.
Art. 88. In all places of internment exposed to air
raids and other hazards of war, shelters adequate in
number and structure to ensure the necessary protection
shall be installed. In case of alarms, the measures
internees shall be free to enter such shelters as
quickly as possible, excepting those who remain for the
protection of their quarters against the aforesaid
hazards. Any protective measures taken in favour of the
population shall also apply to them.
All due precautions must be taken in places of
internment against the danger of fire.
CHAPTER III
Food and Clothing
Art. 89. Daily food rations for internees shall be
sufficient in quantity, quality and variety to keep
internees in a good state of health and prevent the
development of nutritional deficiencies. Account shall
also be taken of the customary diet of the internees.
Internees shall also be given the means by which they
can prepare for themselves any additional food in their
possession.
Sufficient drinking water shall be supplied to
internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations
in proportion to the kind of labour which they perform.
Expectant and nursing mothers and children under
fifteen years of age, shall be given additional food, in
proportion to their physiological needs.
Art. 90. When taken into custody, internees shall be
given all facilities to provide themselves with the
necessary clothing, footwear and change of underwear,
and later on, to procure further supplies if required.
Should any internees not have sufficient clothing,
account being taken of the climate, and be unable to
procure any, it shall be provided free of charge to them
by the Detaining Power.
The clothing supplied by the Detaining Power to
internees and the outward markings placed on their own
clothes shall not be ignominious nor expose them to
ridicule.
Workers shall receive suitable working outfits,
including protective clothing, whenever the nature of
their work so requires.
CHAPTER IV
Hygiene and Medical Attention
Art. 91. Every place of internment shall have an
adequate infirmary, under the direction of a qualified
doctor, where internees may have the attention they
require, as well as appropriate diet. Isolation wards
shall be set aside for cases of contagious or mental
diseases.
Maternity cases and internees suffering from serious
diseases, or whose condition requires special treatment,
a surgical operation or hospital care, must be admitted
to any institution where adequate treatment can be given
and shall receive care not inferior to that provided for
the general population.
Internees shall, for preference, have the attention
of medical personnel of their own nationality.
Internees may not be prevented from presenting
themselves to the medical authorities for examination.
The medical authorities of the Detaining Power shall,
upon request, issue to every internee who has undergone
treatment an official certificate showing the nature of
his illness or injury, and the duration and nature of
the treatment given. A duplicate of this certificate
shall be forwarded to the Central Agency provided for in
Article 140.
Treatment, including the provision of any apparatus
necessary for the maintenance of internees in good
health, particularly dentures and other artificial
appliances and spectacles, shall be free of charge to
the internee.
Art. 92. Medical inspections of internees shall be
made at least once a month. Their purpose shall be, in
particular, to supervise the general state of health,
nutrition and cleanliness of internees, and to detect
contagious diseases, especially tuberculosis, malaria,
and venereal diseases. Such inspections shall include,
in particular, the checking of weight of each internee
and, at least once a year, radioscopic examination.
CHAPTER V
Religious, Intellectual and Physical Activities
Art. 93. Internees shall enjoy complete latitude in
the exercise of their religious duties, including
attendance at the services of their faith, on condition
that they comply with the disciplinary routine
prescribed by the detaining authorities.
Ministers of religion who are interned shall be
allowed to minister freely to the members of their
community. For this purpose the Detaining Power shall
ensure their equitable allocation amongst the various
places of internment in which there are internees
speaking the same language and belonging to the same
religion. Should such ministers be too few in number,
the Detaining Power shall provide them with the
necessary facilities, including means of transport, for
moving from one place to another, and they shall be
authorized to visit any internees who are in hospital.
Ministers of religion shall be at liberty to correspond
on matters concerning their ministry with the religious
authorities in the country of detention and, as far as
possible, with the international religious organizations
of their faith. Such correspondence shall not be
considered as forming a part of the quota mentioned in
Article 107. It shall, however, be subject to the
provisions of Article 112.
When internees do not have at their disposal the
assistance of ministers of their faith, or should these
latter be too few in number, the local religious
authorities of the same faith may appoint, in agreement
with the Detaining Power, a minister of the internees'
faith or, if such a course is feasible from a
denominational point of view, a minister of similar
religion or a qualified layman. The latter shall enjoy
the facilities granted to the ministry he has assumed.
Persons so appointed shall comply with all regulations
laid down by the Detaining Power in the interests of
discipline and security.
Art. 94. The Detaining Power shall encourage
intellectual, educational and recreational pursuits,
sports and games amongst internees, whilst leaving them
free to take part in them or not. It shall take all
practicable measures to ensure the exercice thereof, in
particular by providing suitable premises.
All possible facilities shall be granted to internees
to continue their studies or to take up new subjects.
The education of children and young people shall be
ensured; they shall be allowed to attend schools either
within the place of internment or outside.
Internees shall be given opportunities for physical
exercise, sports and outdoor games. For this purpose,
sufficient open spaces shall be set aside in all places
of internment. Special playgrounds shall be reserved for
children and young people.
Art. 95. The Detaining Power shall not employ
internees as workers, unless they so desire. Employment
which, if undertaken under compulsion by a protected
person not in internment, would involve a breach of
Articles 40 or 51 of the present Convention, and
employment on work which is of a degrading or
humiliating character are in any case prohibited.
After a working period of six weeks, internees shall
be free to give up work at any moment, subject to eight
days' notice.
These provisions constitute no obstacle to the right
of the Detaining Power to employ interned doctors,
dentists and other medical personnel in their
professional capacity on behalf of their fellow
internees, or to employ internees for administrative and
maintenance work in places of internment and to detail
such persons for work in the kitchens or for other
domestic tasks, or to require such persons to undertake
duties connected with the protection of internees
against aerial bombardment or other war risks. No
internee may, however, be required to perform tasks for
which he is, in the opinion of a medical officer,
physically unsuited.
The Detaining Power shall take entire responsibility
for all working conditions, for medical attention, for
the payment of wages, and for ensuring that all employed
internees receive compensation for occupational
accidents and diseases. The standards prescribed for the
said working conditions and for compensation shall be in
accordance with the national laws and regulations, and
with the existing practice; they shall in no case be
inferior to those obtaining for work of the same nature
in the same district. Wages for work done shall be
determined on an equitable basis by special agreements
between the internees, the Detaining Power, and, if the
case arises, employers other than the Detaining Power to
provide for free maintenance of internees and for the
medical attention which their state of health may
require. Internees permanently detailed for categories
of work mentioned in the third paragraph of this
Article, shall be paid fair wages by the Detaining
Power. The working conditions and the scale of
compensation for occupational accidents and diseases to
internees, thus detailed, shall not be inferior to those
applicable to work of the same nature in the same
district.
Art.96. All labour detachments shall remain part of
and dependent upon a place of internment. The competent
authorities of the Detaining Power and the commandant of
a place of internment shall be responsible for the
observance in a labour detachment of the provisions of
the present Convention. The commandant shall keep an
up-to-date list of the labour detachments subordinate to
him and shall communicate it to the delegates of the
Protecting Power, of the International Committee of the
Red Cross and of other humanitarian organizations who
may visit the places of internment.
CHAPTER VI
Personal Property and Financial Resources Art. 97.
Internees shall be permitted to retain articles of
personal use. Monies, cheques, bonds, etc., and
valuables in their possession may not be taken from them
except in accordance with established procedure.
Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every
internee as provided for in Article 98. Such amounts may
not be converted into any other currency unless
legislation in force in the territory in which the owner
is interned so requires or the internee gives his
consent.
Articles which have above all a personal or
sentimental value may not be taken away.
A woman internee shall not be searched except by a
woman.
On release or repatriation, internees shall be given
all articles, monies or other valuables taken from them
during internment and shall receive in currency the
balance of any credit to their accounts kept in
accordance with Article 98, with the exception of any
articles or amounts withheld by the Detaining Power by
virtue of its legislation in force. If the property of
an internee is so withheld, the owner shall receive a
detailed receipt.
Family or identity documents in the possession of
internees may not be taken away without a receipt being
given. At no time shall internees be left without
identity documents. If they have none, they shall be
issued with special documents drawn up by the detaining
authorities, which will serve as their identity papers
until the end of their internment.
Internees may keep on their persons a certain amount
of money, in cash or in the shape of purchase coupons,
to enable them to make purchases.
Art. 98. All internees shall receive regular
allowances, sufficient to enable them to purchase goods
and articles, such as tobacco, toilet requisites, etc.
Such allowances may take the form of credits or purchase
coupons.
Furthermore, internees may receive allowances from
the Power to which they owe allegiance, the Protecting
Powers, the organizations which may assist them, or
their families, as well as the income on their property
in accordance with the law of the Detaining Power. The
amount of allowances granted by the Power to which they
o~e allegiance shall be the same for each category of
internees (infirm, sick, pregnant women, etc.) but may
not be allocated by that Power or distributed by the
Detaining Power on the basis of discriminations between
internees which are prohibited by Article 27 of the
present Convention.
The Detaining Power shall open a regular account for
every internee, to which shall be credited the
allowances named in the present Article, the wages
earned and the remittances received, together with such
sums taken from him as may be available under the
legislation in force in the territory in which he is
interned. Internees shall be granted all facilities
consistent with the legislation in force in such
territory to make remittances to their families and to
other dependants. They may draw from their accounts the
amounts necessary for their personal expenses, within
the limits fixed by the Detaining Power. They shall at
all times be afforded reasonable facilities for
consulting and obtaining copies of their accounts. A
statement of accounts shall be furnished to the
Protecting Power, on request, and shall accompany the
internee in case of transfer.
CHAPTER VII
Administration and Discipline
Art. 99. Every place of internment shall be put under
the authority of a responsible officer, chosen from the
regular military forces or the regular civil
administration of the Detaining Power. The officer in
charge of the place of internment must have in his
possession a copy of the present Convention in the
official language, or one of the official languages, of
his country and shall be responsible for its
application. The staff in control of internees shall be
instructed in the provisions of the present Convention
and of the administrative measures adopted to ensure its
application.
The text of the present Convention and the texts of
special agreements concluded under the said Convention
shall be posted inside the place of internment, in a
language which the internees understand, or shall be in
the possession of the Internee Committee.
Regulations, orders, notices and publications of
every kind shall be communicated to the internees and
posted inside the places of internment, in a language
which they understand.
Every order and command addressed to internees
individually must, likewise, be given in a language
which they understand.
Art. 100. The disciplinary regime in places of
internment shall be consistent with humanitarian
principles, and shall in no circumstances include
regulations imposing on internees any physical exertion
dangerous to their health or involving physical or moral
victimization. Identification by tattooing or imprinting
signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls,
punishment drill, military drill and manoeuvres, or the
reduction of food rations, are prohibited.
Art. 101. Internees shall have the right to present
to the authorities in whose power they are, any petition
with regard to the conditions of internment to which
they are subjected.
They shall also have the right to apply without
restriction through the Internee Committee or, if they
consider it necessary, direct to the representatives of
the Protecting Power, in order to indicate to them any
points on which they may have complaints to make with
regard to the conditions of internment.
Such petitions and complaints shall be transmitted
forthwith and without alteration, and even if the latter
are recognized to be unfounded, they may not occasion
any punishment.
Periodic reports on the situation in places of
internment and as to the needs of the internees may be
sent by the Internee Committees to the representatives
of the Protecting Powers.
Art. 102. In every place of internment, the internees
shall freely elect by secret ballot every six months,
the members of a Committee empowered to represent them
before the Detaining and the Protecting Powers, the
International Committee of the Red Cross and any other
organization which may assist them. The members of the
Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties
after their election has been approved by the detaining
authorities. The reasons for any refusals or dismissals
shall be communicated to the Protecting Powers
concerned.
Art. 103. The Internee Committees shall further the
physical, spiritual and intellectual well-being of the
internees.
In case the internees decide, in particular, to
organize a system of mutual assistance amongst
themselves, this organization would be within the
competence of the Committees in addition to the special
duties entrusted to them under other provisions of the
present Convention.
Art. 104. Members of Internee Committees shall not be
required to perform any other work, if the
accomplishment of their duties is rendered more
difficult thereby.
Members of Internee Committees may appoint from
amongst the internees such assistants as they may
require. All material facilities shall be granted to
them, particularly a certain freedom of movement
necessary for the accomplishment of their duties (visits
to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members
of Internee Committees for communication by post and
telegraph with the detaining authorities, the Protecting
Powers, the International Committee of the Red Cross and
their delegates, and with the organizations which give
assistance to internees. Committee members in labour
detachments shall enjoy similar facilities for
communication with their Internee Committee in the
principal place of internment. Such communications shall
not be limited, nor considered as forming a part of the
quota mentioned in Article 107.
Members of Internee Committees who are transferred
shall be allowed a reasonable time to acquaint their
successors with current affairs.
CHAPTER VIII
Relations with the Exterior
Art. 105. Immediately upon interning protected
persons, the Detaining Powers shall inform them, the
Power to which they owe allegiance and their Protecting
Power of the measures taken for executing the provisions
of the present Chapter. The Detaining Powers shall
likewise inform the Parties concerned of any subsequent
modifications of such measures.
Art. 106. As soon as he is interned, or at the latest
not more than one week after his arrival in a place of
internment, and likewise in cases of sickness or
transfer to another place of internment or to a
hospital, every internee shall be enabled to send direct
to his family, on the one hand, and to the Central
Agency provided for by Article 140, on the other, an
internment card similar, if possible, to the model
annexed to the present Convention, informing his
relatives of his detention, address and state of health.
The said cards shall be forwarded as rapidly as possible
and may not be delayed in any way.
Art. 107. Internees shall be allowed to send and
receive letters and cards. If the Detaining Power deems
it necessary to limit the number of letters and cards
sent by each internee, the said number shall not be less
than two letters and four cards monthly; these shall be
drawn up so as to conform as closely as possible to the
models annexed to the present Convention. If limitations
must be placed on the correspondence addressed to
internees, they may be ordered only by the Power to
which such internees owe allegiance, possibly at the
request of the Detaining Power. Such letters and cards
must be conveyed with reasonable despatch; they may not
be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or
who find it impossible to receive news from their
relatives, or to give them news by the ordinary postal
route, as well as those who are at a considerable
distance from their homes, shall be allowed to send
telegrams, the charges being paid by them in the
currency at their disposal. They shall likewise benefit
by this provision in cases which are recognized to be
urgent.
As a rule, internees' mail shall be written in their
own language. The Parties to the conflict may authorize
correspondence in other languages.
Art. 108. Internees shall be allowed to receive, by
post or by any other means, individual parcels or
collective shipments containing in particular
foodstuffs, clothing, medical supplies, as well as books
and objects of a devotional, educational or recreational
character which may meet their needs. Such shipments
shall in no way free the Detaining Power from the
obligations imposed upon it by virtue of the present
Convention.
Should military necessity require the quantity of
such shipments to be limited, due notice thereof shall
be given to the Protecting Power and to the
International Committee of the Red Cross, or to any
other organization giving assistance to the internees
and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels
and collective shipments shall, if necessary, be the
subject of special agreements between the Powers
concerned, which may in no case delay the receipt by the
internees of relief supplies. Parcels of clothing and
foodstuffs may not include books. Medical relief
supplies shall, as a rule, be sent in collective
parcels.
Art. 109. In the absence of special agreements
between Parties to the conflict regarding the conditions
for the receipt and distribution of collective relief
shipments, the regulations concerning collective relief
which are annexed to the present Convention shall be
applied.
The special agreements provided for above shall in no
case restrict the right of Internee Committees to take
possession of collective relief shipments intended for
internees, to undertake their distribution and to
dispose of them in the interests of the recipients. Nor
shall such agreements restrict the right of
representatives of the Protecting Powers, the
International Committee of the Red Cross, or any other
organization giving assistance to internees and
responsible for the forwarding of collective shipments,
to supervise their distribution to the recipients.
Art. 110. An relief shipments for internees shall be
exempt from import, customs and other dues.
All matter sent by mail, including relief parcels
sent by parcel post and remittances of money, addressed
from other countries to internees or despatched by them
through the post office, either direct or through the
Information Bureaux provided for in Article 136 and the
Central Information Agency provided for in Article 140,
shall be exempt from all postal dues both in the
countries of origin and destination and in intermediate
countries. To this effect, in particular, the exemption
provided by the Universal Postal Convention of 1947 and
by the agreements of the Universal Postal Union in
favour of civilians of enemy nationality detained in
camps or civilian prisons, shall be extended to the
other interned persons protected by the present
Convention. The countries not signatory to the
above-mentioned agreements shall be bound to grant
freedom from charges in the same circumstances.
The cost of transporting relief shipments which are
intended for internees and which, by reason of their
weight or any other cause, cannot be sent through the
post office, shall be borne by the Detaining Power in
all the territories under its control. Other Powers
which are Parties to the present Convention shall bear
the cost of transport in their respective territories.
Costs connected with the transport of such shipments,
which are not covered by the above paragraphs, shall be
charged to the senders.
The High Contracting Parties shall endeavour to
reduce, so far as possible, the charges for telegrams
sent by internees, or addressed to them.
Art. 111. Should military operations prevent the
Powers concerned from fulfilling their obligation to
ensure the conveyance of the mail and relief shipments
provided for in Articles 106, 107, 108 and 113, the
Protecting Powers concerned, the International Committee
of the Red Cross or any other organization duly approved
by the Parties to the conflict may undertake to ensure
the conveyance of such shipments by suitable means
(rail, motor vehicles, vessels or aircraft, etc.). For
this purpose, the High Contracting Parties shall
endeavour to supply them with such transport, and to
allow its circulation, especially by granting the
necessary safe-conducts.
Such transport may also be used to convey: (a)
correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 140
and the National Bureaux referred to in Article 136; (b)
correspondence and reports relating to internees which
the Protecting Powers, the International Committee of
the Red Cross or any other organization assisting the
internees exchange either with their own delegates or
with the Parties to the conflict.
These provisions in no way detract from the right of
any Party to the conflict to arrange other means of
transport if it should so prefer, nor preclude the
granting of safe-conducts, under mutually agreed
conditions, to such means of transport.
The costs occasioned by the use of such means of
transport shall be borne, in proportion to the
importance of the shipments, by the Parties to the
conflict whose nationals are benefited thereby.
Art. 112. The censoring of correspondence addressed
to internees or despatched by them shall be done as
quickly as possible.
The examination of consignments intended for
internees shall not be carried out under conditions that
will expose the goods contained in them to
deterioration. It shall be done in the presence of the
addressee, or of a fellow-internee duly delegated by
him. The delivery to internees of individual or
collective consignments shall not be delayed under the
pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the
Parties to the conflict either for military or political
reasons, shall be only temporary and its duration shall
be as short as possible.
Art. 113. The Detaining Powers shall provide all
reasonable execution facilities for the transmission,
through the Protecting Power or the Central Agency
provided for in Article 140, or as otherwise required,
of wills, powers of attorney, letters of authority, or
any other documents intended for internees or despatched
by them.
In all cases the Detaining Powers shall facilitate
the execution and authentication in due legal form of
such documents on behalf of internees, in particular by
allowing them to consult a lawyer.
Art. 114. The Detaining Power shall afford internees
all facilities to enable them to manage their property,
provided this is not incompatible with the conditions of
internment and the law which is applicable. For this
purpose, the said Power may give them permission to
leave the place of internment in urgent cases and if
circumstances allow.
Art. 115. In all cases where an internee is a party
to proceedings in any court, the Detaining Power shall,
if he so requests, cause the court to be informed of his
detention and shall, within legal limits, ensure that
all necessary steps are taken to prevent him from being
in any way prejudiced, by reason of his internment, as
regards the preparation and conduct of his case or as
regards the execution of any judgment of the court.
Art.116. Every internee shall be allowed to receive
visitors, especially near relatives, at regular
intervals and as frequently as possible.
As far as is possible, internees shall be permitted
to visit their homes in urgent cases, particularly in
cases of death or serious illness of relatives.
CHAPTER IX
Penal and Disciplinary Sanctions
Art. 117. Subject to the provisions of the present
Chapter, the laws in force in the territory in which
they are detained will continue to apply to internees
who commit offences during internment.
If general laws, regulations or orders declare acts
committed by internees to be punishable, whereas the
same acts are not punishable when committed by persons
who are not internees, such acts shall entail
disciplinary punishments only.
No internee may be punished more than once for the
same act, or on the same count.
Art. 118. The courts or authorities shall in passing
sentence take as far as possible into account the fact
that the defendant is not a national of the Detaining
Power. They shall be free to reduce the penalty
prescribed for the offence with which the internee is
charged and shall not be obliged, to this end, to apply
the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in
general, all forms of cruelty without exception are
forbidden.
Internees who have served disciplinary or judicial
sentences shall not be treated differently from other
internees.
The duration of preventive detention undergone by an
internee shall be deducted from any disciplinary or
judicial penalty involving confinement to which he may
be sentenced.
Internee Committees shall be informed of all judicial
proceedings instituted against internees whom they
represent, and of their result.
Art. 119. The disciplinary punishments applicable to
internees shall be the following: (1) a fine which shall
not exceed 50 per cent of the wages which the internee
would otherwise receive under the provisions of Article
95 during a period of not more than thirty days. (2)
discontinuance of privileges granted over and above the
treatment provided for by the present Convention (3)
fatigue duties, not exceeding two hours daily, in
connection with the maintenance of the place of
internment. (4) confinement.
In no case shall disciplinary penalties be inhuman,
brutal or dangerous for the health of internees. Account
shall be taken of the internee's age, sex and state of
health.
The duration of any single punishment shall in no
case exceed a maximum of thirty consecutive days, even
if the internee is answerable for several breaches of
discipline when his case is dealt with, whether such
breaches are connected or not.
Art. 120. Internees who are recaptured after having
escaped or when attempting to escape, shall be liable
only to disciplinary punishment in respect of this act,
even if it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees
punished as a result of escape or attempt to escape, may
be subjected to special surveillance, on condition that
such surveillance does not affect the state of their
health, that it is exercised in a place of internment
and that it does not entail the abolition of any of the
safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to
escape, shall be liable on this count to disciplinary
punishment only.
Art. 121. Escape, or attempt to escape, even if it is
a repeated offence, shall not be deemed an aggravating
circumstance in cases where an internee is prosecuted
for offences committed during his escape.
The Parties to the conflict shall ensure that the
competent authorities exercise leniency in deciding
whether punishment inflicted for an offence shall be of
a disciplinary or judicial nature, especially in respect
of acts committed in connection with an escape, whether
successful or not.
Art. 122. Acts which constitute offences against
discipline shall be investigated immediately. This rule
shall be applied, in particular, in cases of escape or
attempt to escape. Recaptured internees shall be handed
over to the competent authorities as soon as possible.
In cases of offences against discipline, confinement
awaiting trial shall be reduced to an absolute minimum
for all internees, and shall not exceed fourteen days.
Its duration shall in any case be deducted from any
sentence of confinement.
The provisions of Articles 124 and 125 shall apply to
internees who are in confinement awaiting trial for
offences against discipline.
Art. 123. Without prejudice to the competence of
courts and higher authorities, disciplinary punishment
may be ordered only by the commandant of the place of
internment, or by a responsible officer or official who
replaces him, or to whom he has delegated his
disciplinary powers.
Before any disciplinary punishment is awarded, the
accused internee shall be given precise information
regarding the offences of which he is accused, and given
an opportunity of explaining his conduct and of
defending himself. He shall be permitted, in particular,
to call witnesses and to have recourse, if necessary, to
the services of a qualified interpreter. The decision
shall be announced in the presence of the accused and of
a member of the Internee Committee.
The period elapsing between the time of award of a
disciplinary punishment and its execution shall not
exceed one month.
When an internee is awarded a further disciplinary
punishment, a period of at least three days shall elapse
between the execution of any two of the punishments, if
the duration of one of these is ten days or more.
A record of disciplinary punishments shall be
maintained by the commandant of the place of internment
and shall be open to inspection by representatives of
the Protecting Power.
Art. 124. Internees shall not in any case be
transferred to penitentiary establishments (prisons,
penitentiaries, convict prisons, etc.) to undergo
disciplinary punishment therein.
The premises in which disciplinary punishments are
undergone shall conform to sanitary requirements: they
shall in particular be provided with adequate bedding.
Internees undergoing punishment shall be enabled to keep
themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment
shall be confined in separate quarters from male
internees and shall be under the immediate supervision
of women.
Art. 125. Internees awarded disciplinary punishment
shall be allowed to exercise and to stay in the open air
at least two hours daily.
They shall be allowed, if they so request, to be
present at the daily medical inspections. They shall
receive the attention which their state of health
requires and, if necessary, shall be removed to the
infirmary of the place of internment or to a hospital.
They shall have permission to read and write,
likewise to send and receive letters. Parcels and
remittances of money, however, may be withheld from them
until the completion of their punishment; such
consignments shall meanwhile be entrusted to the
Internee Committee, who will hand over to the infirmary
the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be
deprived of the benefit of the provisions of Articles
107 and 143 of the present Convention.
Art. 126. The provisions of Articles 71 to 76
inclusive shall apply, by analogy, to proceedings
against internees who are in the national territory of
the Detaining Power.
CHAPTER X
Transfers of Internees
Art. 127. The transfer of internees shall always be
effected humanely. As a general rule, it shall be
carried out by rail or other means of transport, and
under conditions at least equal to those obtaining for
the forces of the Detaining Power in their changes of
station. If, as an exceptional measure, such removals
have to be effected on foot, they may not take place
unless the internees are in a fit state of health, and
may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during
transfer with drinking water and food sufficient in
quantity, quality and variety to maintain them in good
health, and also with the necessary clothing, adequate
shelter and the necessary medical attention. The
Detaining Power shall take all suitable precautions to
ensure their safety during transfer, and shall establish
before their departure a complete list of all internees
transferred.
Sick, wounded or infirm internees and maternity cases
shall not be transferred if the journey would be
seriously detrimental to them, unless their safety
imperatively so demands.
If the combat zone draws close to a place of
internment, the internees in the said place shall not be
transferred unless their removal can be carried out in
adequate conditions of safety, or unless they are
exposed to greater risks by remaining on the spot than
by being transferred.
When making decisions regarding the transfer of
internees, the Detaining Power shall take their
interests into account and, in particular, shall not do
anything to increase the difficulties of repatriating
them or returning them to their own homes.
Art. 128. In the event of transfer, internees shall
be officially advised of their departure and of their
new postal address. Such notification shall be given in
time for them to pack their luggage and inform their
next of kin.
They shall be allowed to take with them their
personal effects, and the correspondence and parcels
which have arrived for them. The weight of such baggage
may be limited if the conditions of transfer so require,
but in no case to less than twenty-five kilograms per
internee.
Mail and parcels addressed to their former place of
internment shall be forwarded to them without delay.
The commandant of the place of internment shall take,
in agreement with the Internee Committee, any measures
needed to ensure the transport of the internees'
community property and of the luggage the internees are
unable to take with them in consequence of restrictions
imposed by virtue of the second paragraph.
CHAPTER XI
Deaths
Art. 129. The wills of internees shall be received
for safe-keeping by the responsible authorities; and if
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.
Art. 130. The detaining authorities shall ensure that
internees who die while interned are honourably buried,
if possible according to the rites of the religion to
which they belonged and that their graves are respected,
properly maintained, and marked in such a way that they
can always be recognized.
Deceased internees shall be buried in individual
graves unless unavoidable circumstances require the use
of collective graves. Bodies may be cremated only for
imperative reasons of hygiene, on account of the
religion of the deceased or in accordance with his
expressed wish to this effect. In case of cremation, the
fact shall be stated and the reasons given in the death
certificate of the deceased. The ashes shall be retained
for safe-keeping by the detaining authorities and shall
be transferred as soon as possible to the next of kin on
their request.
As soon as circumstances permit, and not later than
the close of hostilities, the Detaining Power shall
forward lists of graves of deceased internees to the
Powers on whom deceased internees depended, through the
Information Bureaux provided for in Article 136. Such
lists shall include all particulars necessary for the
identification of the deceased internees, as well as the
exact location of their graves.
Art. 131. Every death or serious injury of an
internee, caused or suspected to have been caused by a
sentry, another internee or any other person, as well as
any death the cause of which is unknown, shall be
immediately followed by an official enquiry by the
Detaining Power.
A communication on this subject shall be sent
immediately to the Protecting Power. The evidence of any
witnesses shall be taken, and a report including such
evidence shall be prepared and forwarded to the said
Protecting Power.
If the enquiry indicates the guilt of one or more
persons, the Detaining Power shall take all necessary
steps to ensure the prosecution of the person or persons
responsible.
CHAPTER XII
Release, Repatriation and Accommodation in Neutral
Countries
Art. 132. Each interned person shall be released by
the Detaining Power as soon as the reasons which
necessitated his internment no longer exist.
The Parties to the conflict shall, moreover,
endeavour during the course of hostilities, to conclude
agreements for the release, the repatriation, the return
to places of residence or the accommodation in a neutral
country of certain classes of internees, in particular
children, pregnant women and mothers with infants and
young children, wounded and sick, and internees who have
been detained for a long time.
Art. 133. Internment shall cease as soon as possible
after the close of hostilities.
Internees in the territory of a Party to the conflict
against whom penal proceedings are pending for offences
not exclusively subject to disciplinary penalties, may
be detained until the close of such proceedings and, if
circumstances require, until the completion of the
penalty. The same shall apply to internees who have been
previously sentenced to a punishment depriving them of
liberty.
By agreement between the Detaining Power and the
Powers concerned, committees may be set up after the
close of hostilities, or of the occupation of
territories, to search for dispersed internees.
Art. 134. The High Contracting Parties shall
endeavour, upon the Repatriation close of hostilities or
occupation, to ensure the return of all internees to
their last place of residence, or to facilitate their
residence repatriation.
Art. 135. The Detaining Power shall bear the expense
of returning released internees to the places where they
were residing when interned, or, if it took them into
custody while they were in transit or on the high seas,
the cost of completing their journey or of their return
to their point of departure.
Where a Detaining Power refuses permission to reside
in its territory to a released internee who previously
had his permanent domicile therein, such Detaining Power
shall pay the cost of the said internee's repatriation.
If, however, the internee elects to return to his
country on his own responsibility or in obedience to the
Government of the Power to which he owes allegiance, the
Detaining Power need not pay the expenses of his journey
beyond the point of his departure from its territory.
The Detaining Power need not pay the cost of
repatriation of an internee who was interned at his own
request.
If internees are transferred in accordance with
Article 45, the transferring and receiving Powers shall
agree on the portion of the above costs to be borne by
each.
The foregoing shall not prejudice such special
agreements as may be concluded between Parties to the
conflict concerning the exchange and repatriation of
their nationals in enemy hands.
SECTION V
Information Bureaux and Central Agency
Art. 136. Upon the outbreak of a conflict and in all
cases of occupation, each of the Parties to the conflict
shall establish an official Information Bureau
responsible for receiving and transmitting information
in respect of the protected persons who are in its
power.
Each of the Parties to the conflict shall, within the
shortest possible period, give its Bureau information of
any measure taken by it concerning any protected persons
who are kept in custody for more than two weeks, who are
subjected to assigned residence or who are interned. It
shall, furthermore, require its various departments
concerned with such matters to provide the aforesaid
Bureau promptly with information concerning all changes
pertaining to these protected persons, as, for example,
transfers, releases, repatriations, escapes, admittances
to hospitals, births and deaths.
Art. 137. Each national Bureau shall immediately
forward information concerning protected persons by the
most rapid means to the Powers in whose territory they
resided, through the intermediary of the Protecting
Powers and likewise through the Central Agency provided
for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected
persons.
Information Bureaux shall transmit information
concerning a protected person unless its transmission
might be detrimental to the person concerned or to his
or her relatives. Even in such a case, the information
may not be withheld from the Central Agency which, upon
being notified of the circumstances, will take the
necessary precautions indicated in Article 140.
All communications in writing made by any Bureau
shall be authenticated by a signature or a seal.
Art. 138. The information received by the national
Bureau and transmitted by it shall be of such a
character as to make it possible to identify the
protected person exactly and to advise his next of kin
quickly. The information in respect of each person shall
include at least his surname, first names, place and
date of birth, nationality last residence and
distinguishing characteristics, the first name of the
father and the maiden name of the mother, the date,
place and nature of the action taken with regard to the
individual, the address at which correspondence may be
sent to him and the name and address of the person to be
informed.
Likewise, information regarding the state of health
of internees who are seriously ill or seriously wounded
shall be supplied regularly and if possible every week.
Art. 139. Each national Information Bureau shall,
furthermore, be responsible for collecting all personal
valuables left by protected persons mentioned in Article
136, in particular those who have been repatriated or
released, or who have escaped or died; it shall forward
the said valuables to those concerned, either direct,
or, if necessary, through the Central Agency. Such
articles shall be sent by the Bureau in sealed packets
which shall be accompanied by statements giving clear
and full identity particulars of the person to whom the
articles belonged, and by a complete list of the
contents of the parcel. Detailed records shall be
maintained of the receipt and despatch of all such
valuables.
Art. 140. A Central Information Agency for protected
persons, in particular for internees, shall be created
in a neutral country. The International Committee of the
Red Cross shall, if it deems necessary, propose to the
Powers concerned the organization of such an Agency,
which may be the same as that provided for in Article
123 of the Geneva Convention relative to the Treatment
of Prisoners of War of 12 August 1949.
The function of the Agency shall be to collect all
information of the type set forth in Article 136 which
it may obtain through official or private channels and
to transmit it as rapidly as possible to the countries
of origin or of residence of the persons concerned,
except in cases where such transmissions might be
detrimental to the persons whom the said information
concerns, or to their relatives. It shall receive from
the Parties to the conflict all reasonable facilities
for effecting such transmissions.
The High Contracting Parties, and in particular those
whose nationals benefit by the services of the Central
Agency, are requested to give the said Agency the
financial aid it may require.
The foregoing provisions shall in no way be
interpreted as restricting the humanitarian activities
of the International Committee of the Red Cross and of
the relief Societies described in Article 142.
Art. 141. The national Information Bureaux and the
Central Information Agency shall enjoy free postage for
all mail, likewise the exemptions provided for in
Article 110, and further, so far as possible, exemption
from telegraphic charges or, at least, greatly reduced
rates.
PART IV
EXECUTION OF THE CONVENTION
SECTION I
General Provisions
Art. 142. Subject to the measures which the Detaining
Powers may consider essential to ensure their security
or to meet any other reasonable need, the
representatives of religious organizations, relief
societies, or any other organizations assisting the
protected persons, shall receive from these Powers, for
themselves or their duly accredited agents, all
facilities for visiting the protected persons, for
distributing relief supplies and material from any
source, intended for educational, recreational or
religious purposes, or for assisting them in organizing
their leisure time within the places of internment. Such
societies or organizations may be constituted in the
territory of the Detaining Power, or in any other
country, or they may have an international character.
The Detaining Power may limit the number of societies
and organizations whose delegates are allowed to carry
out their activities in its territory and under its
supervision, on condition, however, that such limitation
shall not hinder the supply of effective and adequate
relief to all protected persons.
The special position of the International Committee
of the Red Cross in this field shall be recognized and
respected at all times.
Art. 143. Representatives or delegates of the
Protecting Powers shall have permission to go to all
places where protected persons are, particularly to
places of internment, detention and work.
They shall have access to all premises occupied by
protected persons and shall be able to interview the
latter without witnesses, personally or through an
interpreter.
Such visits may not be prohibited except for reasons
of imperative military necessity, and then only as an
exceptional and temporary measure. Their duration and
frequency shall not be restricted.
Such representatives and delegates shall have full
liberty to select the places they wish to visit. The
Detaining or Occupying Power, the Protecting Power and
when occasion arises the Power of origin of the persons
to be visited, may agree that compatriots of the
internees shall be permitted to participate in the
visits.
The delegates of the International Committee of the
Red Cross shall also enjoy the above prerogatives. The
appointment of such delegates shall be submitted to the
approval of the Power governing the territories where
they will carry out their duties.
Art. 144. The High Contracting Parties undertake, in
time of peace as in time of war, to disseminate the text
of the present Convention as widely as possible in their
respective countries, and, in particular, to include the
study thereof in their programmes of military and, if
possible, civil instruction, so that the principles
thereof may become known to the entire population.
Any civilian, military, police or other authorities,
who in time of war assume responsibilities in respect of
protected persons, must possess the text of the
Convention and be specially instructed as to its
provisions.
Art. 145. The High Contracting Parties shall
communicate to one another through the Swiss Federal
Council and, during hostilities, through the Protecting
Powers, the official translations of the present
Convention, as well as the laws and regulations which
they may adopt to ensure the application thereof.
Art. 146. The High Contracting Parties undertake to
enact any legislation necessary to provide effective
penal sanctions for persons committing, or ordering to
be committed, any of the grave breaches of the present
Convention defined in the following Article.
Each High Contracting Party shall be under the
obligation to search for persons alleged to have
committed, or to have ordered to be committed, such
grave breaches, and shall bring such persons, regardless
of their nationality, before its own courts. It may
also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons
over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made
out a prima facie case.
Each High Contracting Party shall take measures
necessary for the suppression of all acts contrary to
the provisions of the present Convention other than the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall
benefit by safeguards of proper trial and defence, which
shall not be less favourable than those provided by
Article 105 and those following of the Geneva Convention
relative to the Treatment of Prisoners of War of 12
August 1949. Art. 147. Grave breaches to which the
preceding Article relates shall be those involving any
of the following acts, if committed against persons or
property protected by the present Convention: wilful
killing, torture or inhuman treatment, including
biological experiments, wilfully causing great suffering
or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement of a
protected person, compelling a protected person to serve
in the forces of a hostile Power, or wilfully depriving
a protected person of the rights of fair and regular
trial prescribed in the present Convention, taking of
hostages and extensive destruction and appropriation of
property, not justified by military necessity and
carried out unlawfully and wantonly.
Art. 148. No High Contracting Party shall be allowed
to absolve itself or any other High Contracting Party of
any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in
the preceding Article.
Art. 149. At the request of a Party to the conflict,
an enquiry shall be instituted, in a manner to be
decided between the interested Parties, concerning any
alleged violation of the Convention.
If agreement has not been reached concerning the
procedure for the enquiry, the Parties should agree on
the choice of an umpire who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties
to the conflict shall put an end to it and shall repress
it with the least possible delay.
SECTION II
Final Provisions
Art. 150. The present Convention is established in
English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official
translations of the Convention to be made in the Russian
and Spanish languages.
Art. 151. The present Convention, which bears the
date of this day, is open to signature until 12 February
1950, in the name of the Powers represented at the
Conference which opened at Geneva on 21 April 1949.
Art. 152. The present Convention shall be ratified as
soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each
instrument of ratification and certified copies of this
record shall be transmitted by the Swiss Federal Council
to all the Powers in whose name the Convention has been
signed, or whose accession has been notified.
Art. 153. The present Convention shall come into
force six months after not less than two instruments of
ratification have been deposited.
Thereafter, it shall come into force for each High
Contracting Party six months after the deposit of the
instrument of ratification.
Art. 154. In the relations between the Powers who are
bound by the Hague Conventions respecting the Laws and
Customs of War on Land, whether that of 29 July 1899, or
that of 18 October 1907, and who are parties to the
present Convention, this last Convention shall be
supplementary to Sections II and III of the Regulations
annexed to the above-mentioned Conventions of The Hague.
Art. 155. From the date of its coming into force, it
shall be open to any Power in whose name the present
Convention has not been signed, to accede to this
Convention.
Art. 156. Accessions shall be notified in writing to
the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the
accessions to all the Powers in whose name the
Convention has been signed, or whose accession has been
notified.
Art. 157. The situations provided for in Articles 2
and 3 shall effective immediate effect to ratifications
deposited and accessions notified by the Parties to the
conflict before or after the beginning of hostilities or
occupation. The Swiss Federal Council shall communicate
by the quickest method any ratifications or accessions
received from Parties to the conflict.
Art. 158. Each of the High Contracting Parties shall
be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the
Swiss Federal Council, which shall transmit it to the
Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the
notification thereof has been made to the Swiss Federal
Council. However, a denunciation of which notification
has been made at a time when the denouncing Power is
involved in a conflict shall not take effect until peace
has been concluded, and until after operations connected
with release, repatriation and re-establishment of the
persons protected by the present Convention have been
terminated.
The denunciation shall have effect only in respect of
the denouncing Power. It shall in no way impair the
obligations which the Parties to the conflict shall
remain bound to fulfil by virtue of the principles of
the law of nations, as they result from the usages
established among civilized peoples, from the laws of
humanity and the dictates of the public conscience.
Art. 159. The Swiss Federal Council shall register
the present Convention with the Secretariat of the
United Nations. The Swiss Federal Council shall also
inform the Secretariat of the United Nations of all
ratifications, accessions and denunciations received by
it with respect to the present Convention.
In witness whereof the undersigned, having deposited
their respective full powers, have signed the present
Convention.
Done at Geneva this twelfth day of August 1949, in
the English and French languages. The original shall be
deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certified
copies thereof to each of the signatory and acceding
States.
ANNEX I
Draft Agreement Relating to Hospital and Safety Zones
and Localities
Art. 1. Hospital and safety zones shall be strictly
reserved for the persons mentioned in Article 23 of the
Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field of
12 August 1949, and in Article 14 of the Geneva
Convention relative to the Protection of Civilian
Persons in Time of War of 12 August 1949, and for the
personnel entrusted with the organization and
administration of these zones and localities, and with
the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is
within such zones shall have the right to stay there.
Art. 2. No persons residing, in whatever capacity, in
a hospital and safety zone shall perform any work,
either within or without the zone, directly connected
with military operations or the production of war
material.
Art. 3. The Power establishing a hospital and safety
zone shall take all necessary measures to prohibit
access to all persons who have no right of residence or
entry therein.
Art. 4. Hospital and safety zones shall fulfil the
following conditions: (a) they shall comprise only a
small part of the territory governed by the Power which
has established them (b) they shall be thinly populated
in relation to the possibilities of accommodation (c)
they shall be far removed and free from all military
objectives, or large industrial or administrative
establishments (d) they shall not be situated in areas
which, according to every probability, may become
important for the conduct of the war.
Art. 5. Hospital and safety zones shall be subject to
the following obligations: (a) the lines of
communication and means of transport which they possess
shall not be used for the transport of military
personnel or material, even in transit (b) they shall in
no case be defended by military means.
Art. 6. Hospital and safety zones shall be marked by
means of oblique red bands on a white ground, placed on
the buildings and outer precincts.
Zones reserved exclusively for the wounded and sick
may be marked by means of the Red Cross (Red Crescent,
Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of
appropriate illumination.
Art. 7. The Powers shall communicate to all the High
Contracting Parties in peacetime or on the outbreak of
hostilities, a list of the hospital and safety zones in
the territories governed by them. They shall also give
notice of any new zones set up during hostilities.
As soon as the adverse party has received the
above-mentioned notification, the zone shall be
regularly established.
If, however, the adverse party considers that the
conditions of the present agreement have not been
fulfilled, it may refuse to recognize the zone by giving
immediate notice thereof to the Party responsible for
the said zone, or may make its recognition of such zone
dependent upon the institution of the control provided
for in Article 8.
Art. 8. Any Power having recognized one or several
hospital and safety zones instituted by the adverse
Party shall be entitled to demand control by one or more
Special Commissions, for the purpose of ascertaining if
the zones fulfil the conditions and obligations
stipulated in the present agreement.
For this purpose, members of the Special Commissions
shall at all times have free access to the various zones
and may even reside there permanently. They shall be
given all facilities for their duties of inspection.
Art. 9. Should the Special Commissions note any facts
which they consider contrary to the stipulations of the
present agreement, they shall at once draw the attention
of the Power governing the said zone to these facts, and
shall fix a time limit of five days within which the
matter should be rectified. They shall duly notify the
Power which has recognized the zone.
If, when the time limit has expired, the Power
governing the zone has not complied with the warning,
the adverse Party may declare that it is no longer bound
by the present agreement in respect of the said zone.
Art. 10. Any Power setting up one or more hospital
and safety zones, and the adverse Parties to whom their
existence has been notified, shall nominate or have
nominated by the Protecting Powers or by other neutral
Powers, persons eligible to be members of the Special
Commissions mentioned in Articles 8 and 9.
Art. 11. In no circumstances may hospital and safety
zones be the object of attack. They shall be protected
and respected at all times by the Parties to the
conflict.
Art. 12. In the case of occupation of a territory,
the hospital and safety zones therein shall continue to
be respected and utilized as such.
Their purpose may, however, be modified by the
Occupying Power, on condition that all measures are
taken to ensure the safety of the persons accommodated.
Art. 13. The present agreement shall also apply to
localities which the Powers may utilize for the same
purposes as hospital and safety zones.
ANNEX II
Draft Regulations concerning Collective Relief
Article 1. The Internee Committees shall be allowed
to distribute collective relief shipments for which they
are responsible to all internees who are dependent for
administration on the said Committee's place of
internment, including those internees who are in
hospitals, or in prison or other penitentiary
establishments.
Art. 2. The distribution of collective relief
shipments shall be effected in accordance with the
instructions of the donors and with a plan drawn up by
the Internee Committees. The issue of medical stores
shall, however, be made for preference in agreement with
the senior medical officers, and the latter may, in
hospitals and infirmaries, waive the said instructions,
if the needs of their patients so demand. Within the
limits thus defined, the distribution shall always be
carried out equitably.
Art. 3. Members of Internee Committees shall be
allowed to go to the railway stations or other points of
arrival of relief supplies near their places of
internment so as to enable them to verify the quantity
as well as the quality of the goods received and to make
out detailed reports thereon for the donors.
Art. 4. Internee Committees shall be given the
facilities necessary for verifying whether the
distribution of collective relief in all subdivisions
and annexes of their places of internment has been
carried out in accordance with their instructions.
Art. 5. Internee Committees shall be allowed to
complete, and to cause to be completed by members of the
Internee Committees in labour detachments or by the
senior medical officers of infirmaries and hospitals,
forms or questionnaires intended for the donors,
relating to collective relief supplies (distribution,
requirements, quantities, etc.). Such forms and
questionnaires, duly completed, shall be forwarded to
the donors without delay.
Art. 6. In order to secure the regular distribution
of collective relief supplies to the internees in their
place of internment, and to meet any needs that may
arise through the arrival of fresh parties of internees,
the Internee Committees shall be allowed to create and
maintain sufficient reserve stocks of collective relief.
For this purpose, they shall have suitable warehouses at
their disposal; each warehouse shall be provided with
two locks, the Internee Committee holding the keys of
one lock, and the commandant of the place of internment
the keys of the other.
Art. 7. The High Contracting Parties, and the
Detaining Powers in particular, shall, so far as is in
any way possible and subject to the regulations
governing the food supply of the population, authorize
purchases of goods to be made in their territories for
the distribution of collective relief to the internees.
They shall likewise facilitate the transfer of funds and
other financial measures of a technical or
administrative nature taken for the purpose of making
such purchases.
Art. 8. The foregoing provisions shall not constitute
an obstacle to the right of internees to receive
collective relief before their arrival in a place of
internment or in the course of their transfer, nor to
the possibility of representatives of the Protecting
Power, or of the International Committee of the Red
Cross or any other humanitarian organization giving
assistance to internees and responsible for forwarding
such supplies, ensuring the distribution thereof to the
recipients by any other means they may deem suitable.