Geneva Convention relative to the Protection of Civilian Persons in Time of War
Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August, 1949
entry into force 21 October 1950
PART I
Article 1
GENERAL PROVISIONS
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Article 4
Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
Article 6
The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: I to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, and 143.
Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention.
Article 7
In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 9
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.
Article 10
The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief.
Article 11
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article.
The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State with which the State of which they are nationals has not normal diplomatic representation.
Article 12
In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for protected person, 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.
GENERAL PROTECTION OF POPULATIONS
AGAINST CERTAIN CONSEQUENCES OF WAR3
Article 13
The provisions of Part II cover the whole of the populations of the
countries in conflict, without any adverse distinction based, in
particular, on race, nationality, religion or political opinion, and
are intended to alleviate the sufferings caused by war.
Article 14
In time of peace, the High Contracting Parties and, after the outbreak
of hostilities, the Parties thereto, may establish in their own
territory and, if the need arises, in occupied areas, hospital and
safety zones and localities so organized as to protect from the
effects of war, wounded, sick and aged persons, children under
fifteen, expectant mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties
concerned may conclude agreements on mutual recognition of the zones
and localities they have created. They may for this purpose implement
the provisions of the Draft Agreement annexed to-the present
Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross
are invited to lend their good offices in order to facilitate the
institution and recognition of these hospital and safety zones and
localities.
Article 15
Any Party to the conflict may, either directly or through a neutral
State or some humanitarian organization, propose to the adverse Party
to establish, in the regions where fighting is taking place,
neutralized zones intended to shelter from the effects of war the
following persons, without distinction:
(a) Wounded and sick combatants or non-combatants;
(b) Civilian persons who take no part in hostilities, and who, while
they reside in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geographical position,
administration, food supply and supervision of the proposed
neutralized zone, a written agreement shall be concluded and signed by
the representatives of the Parties to the conflict. The agreement
shall fix the beginning and the duration of the neutralization of the
zone.
Article 16
The wounded and sick, as well as the infirm, and expectant mothers,
shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict
shall facilitate the steps taken to search for the killed and wounded,
to assist the shipwrecked and other persons exposed to grave danger,
and to protect them against pillage and ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local
agreements for the removal from besieged or encircled areas, of
wounded, sick, infirm, and aged persons, children and maternity cases,
and for the passage of ministers of all religions, medical personnel
and medical equipment on their way to such areas.
Article 18
Civilian hospitals organized to give care to the wounded and sick, the
infirm and maternity cases, may in no circumstances be the object of
attack, but shall at all times be respected and protected by the
Parties to the conflict.
States which are Parties to a conflict shall provide all civilian
hospitals with certificates showing that they are civilian hospitals
and that the buildings which they occupy are not used for any purpose
which would deprive these hospitals of protection in accordance with
Article 19.
Civilian hospitals shall be marked by means of the emblem provided for
in Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of
August 12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military
considerations permit, take the necessary steps to make the
distinctive emblems indicating civilian hospitals clearly visible to
the enemy land, air and naval forces in order to obviate the
possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being
close to military objectives, it is recommended that such hospitals be
situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall not
cease unless they are used to commit, outside their humanitarian
duties, acts harmful to the enemy. Protection may, however, cease only
after due warning has been given, naming, in all appropriate cases, a
reasonable time limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed
in these hospitals, or the presence of small arms and ammunition taken
from such combatants which have not yet been handed to the proper
service, shall not be considered to be acts harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and
administration of civilian hospitals, including the personnel engaged
in the search for, removal and transporting of and caring for wounded
and sick civilians, the infirm and maternity cases, shall be respected
and protected.
In occupied territory and in zones of military operations, the above
personnel shall be recognizable by means of an identity card
certifying their status, bearing the photograph of the holder and
embossed with the stamp of the responsible authority, and also by
means of a stamped, water-resistant armlet which they shall wear on
the left arm while carrying out their duties. This armlet shall be
issued by the State and shall bear the emblem provided for in Article
38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of
civilian hospitals shall be entitled to respect and protection and to
wear the armlet, as provided in and under the conditions prescribed in
this Article, while they are employed on such duties. The identity
card shall state the duties on which they are employed.
The management of each hospital shall at all times hold at the
disposal of the competent national or occupying authorities an
up-to-date list of such personnel.
Article 21
Convoys of vehicles or hospital trains on land or specially provided
vessels on sea, conveying wounded and sick civilians, the infirm and
maternity cases, shall be respected and protected in the same manner
as the hospitals provided for in Article 18, and shall be marked, with
the consent of the State, by the display of the distinctive emblem
provided for in Article 38 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field of August 12, 1949.
Article 22
Aircraft exclusively employed for the removal of wounded and sick
civilians, the infirm and maternity cases, or for the transport of
medical personnel and equipment, shall not be attacked, but shall be
respected while flying at heights, times and on routes specifically
agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article
38 of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied
territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a
landing thus imposed, the aircraft with its occupants may continue its
flight after examination, if any.
Article 23
Each High Contracting Party shall allow the free passage of all
consignments of medical and hospital stores and objects necessary for
religious worship intended only for civilians of another High
Contracting Party, even if the latter is its adversary. It shall
likewise permit the free passage of all consignments of essential
foodstuffs, clothing and tonics intended for children under fifteen,
expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage
of the consignments indicated in the preceding paragraph is subject to
the condition that this Party is satisfied that there are no serious
reasons for fearing:
(a) That the consignments may be diverted from their destination;
(b) That the control may not be effective; or
(c) That a definite advantage may accrue to the military efforts or
economy of the enemy through the substitution of the above-mentioned
consignments for goods which would otherwise be provided or produced
by the enemy or through the release of such material, services or
facilities as would otherwise be required for the production of such
goods.
The Power which allows the passage of the consignments indicated in
the first paragraph of this Article may make such permission
conditional on the distribution to the persons benefited there by
being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the
Power which permits their free passage shall have the right to
prescribe the technical arrangements under which such passage is
allowed.
Article 24
The Parties to the conflict shall take the necessary measures to
ensure that children under fifteen, who are orphaned or are separated
from their families as a result of the war, are not left to their own
resources, and that their maintenance, the exercise of their religion
and their education are facilitated in all circumstances. Their
education shall, as far as possible, be entrusted to persons of a
similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such
children in a neutral country for the duration of the conflict with
the consent of the Protecting Power, if any, and under due safeguards
for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under
twelve to be identified by the wearing of identity discs, or by some
other means.
Article 25
All persons in the territory of a Party to the conflict, or in a
territory occupied by it, shall be enabled to give news of a strictly
personal nature to members of their families, wherever they may be,
and to receive news from them. This correspondence shall be forwarded
speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible
to exchange family correspondence by the ordinary post, the Parties to
the conflict concerned shall apply to a neutral intermediary, such as
the Central Agency provided for in Article 140, and shall decide in
consultation with it how to ensure the fulfilment of their obligations
under the best possible conditions, in particular with the cooperation
of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family
correspondence, such restrictions shall be confined to the compulsory
use of standard forms containing twenty-five freely chosen words, and
to the limitation of the number of these forms despatched to one each
month.
Article 26
Each Party to the conflict shall facilitate enquiries made by members
of families dispersed owing to the war, with the object of renewing
contact with one another and of meeting, if possible. It shall
encourage, in particular, the work of organizations engaged on this
task provided they are acceptable to it and conform to its security
regulations.
PART III
STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I: PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for
their persons, their honour, their family rights, their religious
convictions and practices, and their manners and customs. They shall
at all times be humanely treated, and shall be protected especially
against all acts of violence or threats thereof and against insults
and public curiosity.
Women shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any form
of indecent assault.
Without prejudice to the provisions relating to their state of health,
age and sex, all protected persons shall be treated with the same
consideration by the Party to the conflict in whose power they are,
without any adverse distinction based, in particular, on race,
religion or political opinion.
However, the Parties to the conflict may take such measures of control
and security in regard to protected persons as may be necessary as a
result of the war.
Article 28
The presence of a protected person may not be used to render certain
points or areas immune from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be is
responsible for the treatment accorded to them by its agents,
irrespective of any individual responsibility which may be incurred.
Article 30
Protected persons shall have every facility for making application to
the Protecting Powers, the International Committee of the Red Cross,
the National Red Cross (Red Crescent, Red Lion and Sun) Society of the
country where they may be, as well as to any organization that might
assist them.
These several organizations shall be granted all facilities for that
purpose by the authorities, within the bounds set by military or
security considerations.
Apart from the visits of the delegates of the Protecting Powers and of
the International Committee of the Red Cross, provided for by Article
143, the Detaining or Occupying Powers shall facilitate as much as
possible visits to protected persons by the representatives of other
organizations whose object is to give spiritual aid or material relief
to such persons.
Article 31
No physical or moral coercion shall be exercised against protected
persons, in particular to obtain information from them or from third
parties.
Article 32
The High Contracting Parties specifically agree that each of them is
prohibited from taking any measure of such a character as to cause the
physical suffering or extermination of protected persons in their
hands. This prohibition applies not only to murder, torture, corporal
punishment, mutilation and medical or scientific experiments not
necessitated by the medical treatment of a protected person but also
to any other measures of brutality whether applied by civilian or
military agents.
Article 33
No protected person may be punished for an offence he or she has not
personally committed. Collective penalties and likewise all measures
of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Article 34
The taking of hostages is prohibited.
SECTION 11: ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
Article 35
All protected persons who may desire to leave the territory at the
outset of, or during a conflict, shall be entitled to do so, unless
their departure is contrary to the national interests of the
State. The applications of such persons to leave shall be decided in
accordance with regularly established procedures and the decision
shall be taken as rapidly as possible. Those persons permitted to
leave may provide themselves with the necessary funds for their
journey and take with them a reasonable amount of their effects and
articles of personal use.
If any such person is refused permission to leave the territory, he
shall be entitled to have such refusal reconsidered as soon as
possible by an appropriate court or administrative board designated by
the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless
reasons of security prevent it, or the persons concerned object, be
furnished with the reasons for refusal of any request for permission
to leave the territory and be given, as expeditiously as possible, the
names of all persons who have been denied permission to leave.
Article 36
Departures permitted under the foregoing Article shall be carried out
in satisfactory conditions as regards safety, hygiene, sanitation and
food. All costs in connection therewith, from the point of exit in the
territory of the Detaining Power, shall be borne by the country of
destination, or, in the case of accommodation in a neutral country, by
the Power whose nationals are benefited. The practical details of such
movements may, if necessary, be settled by special agreements between
the Powers concerned.
The foregoing shall not prejudice such special agreements as may be
concluded between Parties to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
Article 37
Protected persons who are confined pending proceedings or serving a
sentence involving loss of liberty shall during their confinement be
humanely treated.
As soon as they are released, they may ask to leave the territory in
conformity with the foregoing Articles.
Article 38
With the exception of special measures authorized by the present
Convention, in particular by Articles 27 and 41 thereof, the situation
of protected persons shall continue to be regulated, in principle, by
the provisions concerning aliens in time of peace. In any case, the
following rights shall be granted to them:
1. They shall be enabled to receive the individual or collective
relief that may be sent to them.
2. They shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the nationals
of the State concerned.
3. They shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
4. If they reside in an area particularly exposed to the dangers of
war, they shall be 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.
Article 39
Protected persons who, as a result of the war, have lost their gainful
employment, shall be granted the opportunity to find paid
employment. That opportunity shall, subject to security considerations
and to the provisions of Article 40, be equal to that enjoyed by the
nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person methods of
control which result in his being unable to support himself, and
especially if such a person is prevented for reasons of security from
finding paid employment on reasonable conditions, the said Party shall
ensure his support and that of his 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.
Article 40
Protected persons may be compelled to work only to the same extent as
nationals of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be
compelled to do work which is normally necessary to ensure the
feeding, sheltering, clothing, transport and health of human beings
and which is not directly related to the conduct of military
operations.
In the cases mentioned in the two preceding paragraphs, protected
persons compelled to work shall have the benefit of the same working
conditions and of the same safeguards as national workers, in
particular as regards wages, hours of labour, clothing and equipment,
previous training and compensation for occupational accidents and
diseases.
If the above provisions are infringed, protected persons shall be
allowed to exercise their right of complaint in accordance with
Article 30.
Article 41
Should the Power in whose hands protected persons may be consider the
measures of control mentioned in the present Convention to be
inadequate, it may not have recourse to any other measure of control
more severe than that of assigned residence or internment, in
accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the
cases of persons required to leave their usual places of residences by
virtue of a decision placing them in assigned residence elsewhere. the
Detaining Power shall be guided as closely as possible by the
standards of welfare set forth in Part III, Section IV of this
Convention.
Article 42
The internment or placing in assigned residence of protected persons
may be ordered only if the security of the Detaining Power makes it
absolutely necessary.
If any person, acting through the representatives of the Protecting
Power, voluntarily demands internment, and if his situation renders
this step necessary, he shall be interned by the Power in whose hands
he may be.
Article 43
Any protected person who has been interned or placed in assigned
residence shall be entitled to have such action reconsidered as soon
as possible by an appropriate court or administrative board designated
by the Detaining Power for that purpose. If the internment or placing
in assigned residence is maintained, the court or administrative board
shall periodically, and at least twice yearly, give consideration to
his or her case, with a view to the favourable amendment of the
initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power
shall, as rapidly as possible, give the Protecting Power the names of
any protected persons who have been interned or subjected to assigned
residence, or who have been released from internment or assigned
residence. The decisions of the courts or boards mentioned in the
first paragraph of the present Article shall also, subject to the same
conditions, be notified as rapidly as possible to the Protecting
Power.
Article 44
In applying the measures of control mentioned in the present
Convention, the Detaining Power shall not treat as enemy aliens
exclusively on the basis of their nationality de jure of an enemy
State, refugees who do not, in fact, enjoy the protection of any
government.
Article 45
Protected persons shall not be transferred to a Power which is not a
party to the Convention.
This provision shall in no way constitute an obstacle to the
repatriation of protected persons, or to their return to their country
of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a
Power which is a party to the present Convention and after the
Detaining Power has satisfied itself of the willingness and ability of
such transferee Power to apply the present Convention. If protected
persons are transferred under such circumstances, responsibility for
the application of the present Convention rests on the Power accepting
them, while they are in its custody. Nevertheless, if that Power fails
to carry out the provisions of the present Convention in any important
respect, the Power by which the protected persons were transferred
shall, upon being so notified by the Protecting Power, take effective
measures to correct the situation or shall request the return of the
protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a
country where he or she may have reason to fear persecution for his or
her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the
extradition, in pursuance of extradition treaties concluded before the
outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.
Article 46
In so far as they have not been previously withdrawn, restrictive
measures taken regarding protected persons shall be cancelled as soon
as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in
accordance with the law of the Detaining Power, as soon as possible
after the close of hostilities.
SECTION 111: OCCUPIED TERRITORIES
Article 47
Protected persons who are in occupied territory shall not be deprived,
in any case or in any manner whatsoever, of the benefits of the
present Convention by any change introduced, as the result of the
occupation of a territory, into the institutions or government of the
said territory, nor by any agreement concluded between the authorities
of the occupied territories and the Occupying Power, nor by any
annexation by the latter of the whole or part of the occupied
territory.
Article 48
Protected persons who are not nationals of the Power whose territory
is occupied may avail themselves of the right to leave the territory
subject to the provisions of Article 35, and decisions thereon shall
be taken according to the procedure which the Occupying Power shall
establish in accordance with the said Article.
Article 49
Individual or mass forcible transfers, as well as deportations of
protected persons from occupied territory to the territory of the
Occupying Power or to that of any other country, occupied or not, are
prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial
evacuation of a given area if the security of the population or
imperative military reasons do demand. Such evacuations may not
involve the displacement of protected persons outside the bounds of
the occupied territory except when for material reasons it is
impossible to avoid such displacement. Persons thus evacuated shall be
transferred back to their homes as soon as hostilities in the area in
question have ceased.
The Occupying Power undertaking such transfers or evacuations shall
ensure, to the greatest practicable extent, that proper accommodation
is provided to receive the protected persons, that the removals are
effected in satisfactory conditions of hygiene, health, safety and
nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and
evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area
particularly exposed to the dangers of war unless the security of the
population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own
civilian population into the territory it occupies.
Article 50
The Occupying Power shall, with the cooperation of the national and
local authorities, facilitate the proper working of all institutions
devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the
identification of children and the registration of their parentage. It
may not, in any case, change their personal status, nor enlist them in
formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the
Occupying Power shall make arrangements for the maintenance and
education, if possible by persons of their own nationality, language
and religion, of children who are orphaned or separated from their
parents as a result of the war and who cannot be adequately cared for
by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136
shall be responsible for taking all necessary steps to identify
children whose identity is in doubt. Particulars of their parents or
other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any
preferential measures in regard to food, medical care and protection
against the effects of war, which may have been adopted prior to the
occupation in favour of children under fifteen years, expectant
mothers, and mothers of children under seven years.
Article 51
The Occupying Power may not compel protected persons to serve in its
armed or auxiliary forces. No pressure or propaganda which aims at
securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless
they are over eighteen years of age, and then only on work which is
necessary either for the needs of the army of occupation, or for the
public utility services, or for the feeding, sheltering, clothing,
transportation or health of the population of the occupied
country. Protected persons may not be compelled to undertake any work
which would involve them in the obligation of taking part in military
operations. The Occupying Power may not compel protected persons to
employ forcible means to ensure the security of the installations
where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the
persons whose services have been requisitioned are. Every such person
shall, so far as possible, be kept in his usual place of
employment. Workers shall be paid a fair wage and the work shall be
proportionate to their physical and intellectual capacities. The
legislation in force in the occupied country concerning working
conditions, and safeguards as regards, in particular, such matters as
wages, hours of work, equipment, preliminary training and compensation
for occupational accidents and diseases, shall be applicable to the
protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of
workers in an organization of a military or semi-military character.
Article 52
No contract, agreement or regulation shall impair the right of any
worker, whether voluntary or not and wherever he may be, to apply to
the representatives of the Protecting Power in order to request the
said Power's intervention.
All measures aiming at creating unemployment or at restricting the
opportunities offered to workers in an occupied territory, in order to
induce them to work for the Occupying Power, are prohibited.
Article 53
Any destruction by the Occupying Power of real or personal property
belonging individually or collectively to private persons, or to the
State, or to other public authorities, or to social or cooperative
organizations, is prohibited, except where such destruction is
rendered absolutely necessary by military operations.
Article 54
The Occupying Power may not alter the status of public officials or
judges in the occupied territories, or in any way apply sanctions to
or take any measures of coercion or discrimination against them,
should they abstain from fulfilling their functions for reasons of
conscience.
This prohibition does not prejudice the application of the second
paragraph of Article 51. It does not affect the right of the Occupying
Power to remove public officials from their posts.
Article 55
To the fullest extent of the means available to it the Occupying Power
has the duty of ensuring the food and medical supplies of the
population; it should, in particular, bring in the necessary
foodstuffs, medical stores and other articles if the resources of the
occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or
medical supplies available in the occupied territory, except for use
by the occupation forces and administration personnel, and then only
if the requirements of the civilian population have been taken into
account. Subject to the provisions of other international Conventions,
the Occupying Power shall make arrangements to ensure that fair value
is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the
state of the food and medical supplies in occupied territories, except
where temporary restrictions are made necessary by imperative military
requirements.
Article 56
To the fullest extent of the means available to it, the Occupying
Power has the duty of ensuring and maintaining, with the cooperation
of national and local authorities, the medical and hospital
establishments and services, public health and hygiene in the occupied
territory, with particular reference to the adoption and application
of the prophylactic and preventive measures necessary to combat the
spread of contagious diseases and epidemics. Medical personnel of all
categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent
organs of the occupied State are not operating there, the occupying
authorities shall, if necessary, grant them the recognition provided
for in Article 18. In similar circumstances, the occupying authorities
shall also grant recognition to hospital personnel and transport
vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their
implementation, the Occupying Power shall take into consideration the
moral and ethical susceptibilities of the population of the occupied
territory.
Article 57
The Occupying Power may requisition civilian hospitals only
temporarily and only in cases of urgent necessity for the care of
military wounded and sick, and then on condition that suitable
arrangements are made in due time for the care and treatment of the
patients and for the needs of the civilian population for hospital
accommodation.
The material and stores of civilian hospitals cannot be requisitioned
so long as they are necessary for the needs of the civilian
population.
Article 58
The Occupying Power shall permit ministers of religion to give
spiritual assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and
articles required for religious needs and shall facilitate their
distribution in occupied territory.
Article 59
If the whole or part of the population of an occupied territory is
inadequately supplied, the Occupying Power shall agree to relief
schemes on behalf of the said population, and shall facilitate them by
all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial
humanitarian organizations such as the International Committee of the
Red Cross, shall consist, in particular, of the provision of
consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these
consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to
territory occupied by an adverse Party to the conflict shall, however,
have the right to search the consignments, to regulate their passage
according to prescribed times and routes, and to be reasonably
satisfied through the Protecting Power that these consignments are to
be used for the relief of the needy population and are not to be used
for the benefit of the Occupying Power.
Article 60
Relief consignments shall in no way relieve the Occupying Power of any
of its responsibilities under Articles 55, 56 and 59. The Occupying
Power shall in no way whatsoever divert relief consignments from the
purpose for which they are intended, except in cases of urgent
necessity, in the interests of the population of the occupied
territory and with the consent of the Protecting Power.
Article 61
The distribution of the relief consignments referred to in the
foregoing Articles shall be carried out with the cooperation and under
the supervision of the Protecting Power. This duty may also be
delegated, by agreement between the Occupying Power and the Protecting
Power, to a neutral Power, to the International Committee of the Red
Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all
charges, taxes or customs duties unless these are necessary in the
interests of the economy of the territory. The Occupying Power shall
facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and
transport, free of charge, of such relief consignments on their way to
occupied territories.
Article 62
Subject to imperative reasons of security, protected persons in
occupied territories shall be permitted to receive the individual
relief consignments sent to them.
Article 63
Subject to temporary and exceptional measures imposed for urgent
reasons of security by the Occupying Power:
(a) Recognized National Red Cross (Red Crescent, Red Lion and Sun)
Societies shall be able to pursue their activities in accordance with
Red Cross principles, as defined by the International Red Cross
Conferences. Other relief societies shall be permitted to continue
their humanitarian activities under similar conditions;
(b) The Occupying Power may not require any changes in the personnel
or structure of these societies, which would prejudice the aforesaid
activities.
The same principles shall apply to the activities and personnel of
special organizations of a non-military character, which already exist
or which may be established, for the purpose of ensuring the living
conditions of the civilian population by the maintenance of the
essential public utility services, by the distribution of relief and
by the organization of rescues.
Article 64
The penal laws of the occupied territory shall remain in force, with
the exception that they may be repealed or suspended by the Occupying
Power in cases where they constitute a threat to its security or an
obstacle to the application of the present Convention. Subject to the
latter consideration and to the necessity for ensuring the effective
administration of justice, the tribunals of the occupied territory
shall continue to function in respect of all offences covered by the
said laws.
The Occupying Power may, however, subject the population of the
occupied territory to provisions which are essential to enable the
Occupying Power to fulfil its obligations under the present
Convention, to maintain the orderly government of the territory, and
to ensure the security of the Occupying Power, of the members and
property of the occupying forces or administration, and likewise of
the establishments and lines of communication used by them.
Article 65
The penal provisions enacted by the Occupying Power shall not come
into force before they have been published and brought to the
knowledge of the inhabitants in their own language. The effect of
these penal provisions shall not be retroactive.
Article 66
In case of a breach of the penal provisions promulgated by it by
virtue of the second paragraph of Article 64, the Occupying Power may
hand over the accused to its properly constituted, non-political
military courts, on condition that the said courts sit in the occupied
country. Courts of appeal shall preferably sit in the occupied
country.
Article 67
The courts shall apply only those provisions of law which were
applicable prior to the offence, and which are in accordance with
general principles of law, in particular the principle that the
penalty shall be proportioned to the offence. They shall take into
consideration the fact that the accused is not a national of the
Occupying Power.
Article 68
Protected persons who commit an offence which is solely intended to
harm the Occupying Power, but which does not constitute an attempt on
the life or limb of members of the occupying forces or administration,
nor a grave collective danger, nor seriously damage the property of
the occupying forces or administration or the installations used by
them, shall be liable to internment or simple imprisonment, provided
the duration of such internment or imprisonment is proportionate to
the offence committed. Furthermore, internment or imprisonment shall,
for such offences, be the only measure adopted for depriving protected
persons of liberty. The courts provided for under Article 66 of the
present Convention may at their discretion convert a sentence of
imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance
with Articles 64 and 65 may impose the death penalty on a protected
person only in cases where the person is guilty of espionage, of
serious acts of sabotage against the military installations of the
Occupying Power or of intentional offences which have caused the death
of one or more persons, provided that such offences were punishable by
death under the law of the occupied territory in force before the
occupation began.
The death penalty may not be pronounced against a protected person
unless the attention of the court has been particularly called to the
fact that, since the accused is not a national of the Occupying Power,
he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a
protected person who was under eighteen years of age at the time of
the offence.
Article 69
In all cases, the duration of the period during which a protected
person accused of an offence is under arrest awaiting trial or
punishment shall be deducted from any period of imprisonment awarded.
Article 70
Protected persons shall not be arrested, prosecuted or convicted by
the Occupying Power for acts committed or for opinions expressed
before the occupation, or during a temporary interruption thereof,
with the exception of breaches of the laws and customs of war.
Nationals of the Occupying Power who, before the outbreak of
hostilities, have sought refuge in the territory of the occupied
State, shall not be arrested, prosecuted, convicted or deported from
the occupied territory, except for offences committed after the
outbreak of hostilities, or for offences under common law committed
before the outbreak of hostilities which, according to the law of the
occupied State, would have justified extradition in time of peace.
Article 71
No sentence shall be pronounced by the competent courts of the
Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be
promptly informed, in writing, in a language which they understand, of
the particulars of the charges preferred against them, and shall be
brought to trial as rapidly as possible. The Protecting Power shall be
informed of all proceedings instituted by the Occupying Power against
protected persons in respect of charges involving the death penalty or
imprisonment for two years or more; it shall be enabled, at any time,
to obtain information regarding the state of such
proceedings. Furthermore, the Protecting Power shall be entitled, on
request, to be furnished with all particulars of these and of any
other proceedings instituted by the Occupying Power against protected
persons.
The notification to the Protecting Power, as provided for in the
second paragraph above, shall be sent immediately, and shall in any
case reach the Protecting Power three weeks before the date of the
first hearing. Unless, at the opening of the trial, evidence is
submitted that the provisions of this Article are fully complied with,
the trial shall not proceed. The notification shall include the
following particulars:
(a) Description of the accused;
(b) Place of residence or detention;
(c) Specification of the charge or charges (with mention of the penal
provisions under which it is brought);
(d) Designation of the court which will hear the case;
(e) Place and date of the first hearing.
Article 72
Accused persons shall have the right to present evidence necessary to
their defence and may, in particular, call witnesses. They shall have
the right to be assisted by a qualified advocate or counsel of their
own choice, who shall be able to visit them freely and shall enjoy the
necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him
with an advocate or counsel. When an accused person has to meet a
serious charge and the Protecting Power is not functioning, the
Occupying Power, subject to the consent of the accused, shall provide
an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be
aided by an interpreter, both during preliminary investigation and
during the hearing in court. They shall have the right at any time to
object to the interpreter and to ask for his replacement.
Article 73
A convicted person shall have the right of appeal provided for by the
laws applied by the court. He shall be fully informed of his right to
appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as
far as it is applicable, to appeals. Where the laws applied by the
Court make no provision for appeals, the convicted person shall have
the right to petition against the finding and sentence to the
competent authority of the Occupying Power.
Article 74
Representatives of the Protecting Power shall have the right to attend
the trial of any protected person, unless the hearing has, as an
exceptional measure, to be held in camera in the interests of the
security of the Occupying Power, which shall then notify the
Protecting Power. A notification in respect of the date and place of
trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two
years or more, shall be communicated, with the relevant grounds, as
rapidly as possible to the Protecting Power. The notification shall
contain a reference to the notification made under Article 71, and in
the case of sentences of imprisonment, the name of the place where the
sentence is to be served. A record of judgments other than those
referred to above shall be kept by the court and shall be open to
inspection by representatives of the Protecting Power. Any period
allowed for appeal in the case of sentences involving the death
penalty, or imprisonment for two years or more, shall not run until
notification of judgment has been received by the Protecting Power.
Article 75
In no case shall persons condemned to death be deprived of the right
of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a
period of at least six months from the date of receipt by the
Protecting Power of the notification of the final judgment confirming
such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein
prescribed may be reduced in individual cases in circumstances of
grave emergency involving an organized threat to the security of the
Occupying Power or its forces, provided always that the Protecting
Power is notified of such reduction and is given reasonable time and
opportunity to make representations to the competent occupying
authorities in respect of such death sentences.
Article 76
Protected persons accused of offences shall be detained in the
occupied country, and if convicted they shall serve their sentences
therein. They shall, if possible, be separated from other detainees
and shall enjoy conditions of food and hygiene which will be
sufficient to keep them in good health, and which will be at least
equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of
health.
They shall also have the right to receive any spiritual assistance
which they may require.
Women shall be confined in separate quarters and shall be under the
direct supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited
by delegates of the Protecting Power and of the International
Committee of the Red Cross, in accordance with the provisions of
Article 143.
Such persons shall have the right to receive at least one relief
parcel monthly.
Article 77
Protected persons who have been accused of offences or convicted by
the courts in occupied territory shall be handed over at the close of
occupation, with the relevant records, to the authorities of the
liberated territory.
Article 78
If the Occupying Power considers it necessary, for imperative reasons
of security, to take safety measures concerning protected persons, it
may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be
made according to a regular procedure to be prescribed by the
Occupying Power in accordance with the provisions of the present
Convention. This procedure shall include the right of appeal for the
parties concerned. Appeals shall be decided with the least possible
delay. In the event of the decision being upheld, it shall be subject
to periodical review, if possible every six months, by a competent
body set up by the said Power.
Protected persons made subject to assigned residence and thus required
to leave their homes shall enjoy the full benefit of Article 39 of the
present Convention.
SECTION IV: REGULATIONS FOR THE TREATMENT OF INTERNEES
Chapter I
GENERAL PROVISIONS
Article 79
The Parties to the conflict shall not intern protected persons, except
in accordance with the provisions of Articles 41, 42, 43, 68 and 78.
Article 80
Internees shall retain their full civil capacity and shall exercise
such attendant rights as may be compatible with their status.
Article 81
Parties to the conflict who intern protected persons shall be bound to
provide free of charge for their maintenance, and to grant them also
the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the
internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent
on the internees, if such dependants are without adequate means of
support or are unable to earn a living.
Article 82
The Detaining Power shall, as far as possible, accommodate the
internees according to their nationality, language and
customs. Internees who are nationals of the same country shall not be
separated merely because they have different languages.
Throughout the duration of their internment, members of the same
family, and in particular parents and children, shall be lodged
together in the same place of internment, except when separation of a
temporary nature is necessitated for reasons of employment or health
or for the purposes of enforcement of the provisions of Chapter IX of
the present Section. Internees may request that their children who are
left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed
in the same premises and given separate accommodation from other
internees, together with facilities for leading a proper family life.
Chapter II
PLACES OF INTERNMENT
Article 83
The Detaining Power shall not set up places of internment in areas
particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the
intermediary of the Protecting Powers, all useful information
regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be
indicated by the letters IC, placed so as to be clearly visible in the
daytime from the air. The Powers concerned may, however, agree upon
any other system of marking. No place other than an internment camp
shall be marked as such.
Article 84
Internees shall be accommodated and administered separately from
prisoners of war and from persons deprived of liberty for any other
reason.
Article 85
The Detaining Power is bound to take all necessary and possible
measures to ensure that protected persons shall, from the outset of
their internment, be accommodated in buildings or quarters which
afford every possible safeguard as regards hygiene and health, and
provide efficient protection against the rigours of the climate and
the effects of the war. In no case shall permanent places of
internment be situated in unhealthy areas or in districts the climate
of which is injurious to the internees. In all cases where the
district, in which a protected person is temporarily interned , is in
an unhealthy area or has a climate which is harmful to his health, he
shall be removed to a more suitable place of internment as rapidly as
circumstances permit.
The premises shall be fully protected from dampness, adequately heated
and lighted, in particular between dusk and lights out. The sleeping
quarters shall be sufficiently spacious and well ventilated, and the
internees shall have suitable bedding and sufficient blankets, account
being taken of the climate, and the age, sex, and state of health of
the internees.
Internees shall have for their use, day and night, sanitary
conveniences which conform to the rules of hygiene and are constantly
maintained in a state of cleanliness. They shall be provided with
sufficient water and soap for their daily personal toilet and for
washing their personal laundry; installations and facilities necessary
for this purpose shall be granted to them.
Showers or baths shall also be available. The necessary time shall be
set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to
accommodate women internees who are not members of a family unit in
the same place of internment as men, the provision of separate
sleeping quarters and sanitary conveniences for the use of such women
internees shall be obligatory.
Article 86
The Detaining Power shall place at the disposal of interned persons,
of whatever denomination, premises suitable for the holding of their
religious services.
Article 87
Canteens shall be installed in every place of internment, except where
other suitable facilities are available. 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.
Article 88
In all places of internment exposed to air raids and other hazards of
war, shelters adequate in number and structure to ensure the necessary
protection shall be installed. In case of alarms, the internees shall
be free to enter such shelters as quickly as possible, excepting those
who remain for the protection of their quarters against the aforesaid
hazards. Any protective measures taken in favour of the population
shall also apply to them.
All due precautions must be taken in places of internment against the
danger of fire.
Chapter III
FOOD AND CLOTHING
Article 89
Daily food rations for internees shall be sufficient in quantity,
quality and variety to keep internees in a good state of health and
prevent the development of nutritional deficiencies. Account shall
also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for
themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of
tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to
the kind of labour which they perform.
Expectant and nursing mothers and children under fifteen years of age
shall be given additional food, in proportion to their physiological
needs.
Article 90
When taken into custody, internees shall be given all facilities to
provide themselves with the necessary clothing, footwear and change of
underwear, and later on, to procure further supplies if
required. Should any internees not have sufficient clothing, account
being taken of the climate, and be unable to procure any, it shall be
provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the
outward markings placed on their own clothes shall not be ignominious
nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective
clothing, whenever the nature of their work so requires.
Chapter IV
HYGIENE AND MEDICAL ATTENTION
Article 91
Every place of internment shall have an adequate infirmary, under the
direction of a qualified doctor, where internees may have the
attention they require, as well as an appropriate diet. Isolation
wards shall be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or
whose condition requires special treatment, a surgical operation or
hospital care, must be admitted to any institution where adequate
treatment can be given and shall receive care not inferior to that
provided for the general population.
Internees shall, for preference, have the attention of medical
personnel of their own nationality.
Internees may not be prevented from presenting themselves to the
medical authorities for examination. The medical authorities of the
Detaining Power shall, upon request, issue to every internee who has
undergone treatment an official certificate showing the nature of his
illness or injury, and the duration and nature of the treatment
given. A duplicate of this certificate shall be forwarded to the
Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the
maintenance of internees in good health, particularly dentures and
other artificial appliances and spectacles, shall be free of charge to
the internee.
Article 92
Medical inspections of internees shall be made at least once a
month. Their purpose shall be, in particular, to supervise the general
state of health, nutrition and cleanliness of internees, and to detect
contagious diseases, especially tuberculosis, malaria, and venereal
diseases. Such inspections shall include, in particular, the checking
of weight of each internee and, at least once a year, radioscopic
examination.
Chapter V
RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 93
Internees shall enjoy complete latitude in the exercise of their
religious duties, including attendance at the services of their faith,
on condition that they comply with the disciplinary routine prescribed
by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister
freely to the members of their community. For this purpose, the
Detaining Power shall ensure their equitable allocation amongst the
various places of internment in which there are internees speaking the
same language and be longing to the same religion. Should such
ministers be too few in number, the Detaining Power shall provide them
with the necessary facilities, including means of transport, for
moving from one place to another, and they shall be authorized to
visit any internees who are in hospital. Ministers of religion shall
be at liberty to correspond on matters concerning their ministry with
the religious authorities in the country of detention and, as far as
possible, with the international religious organizations of their
faith. Such correspondence shall not be considered as forming a part
of the quota mentioned in Article 107. It shall, however, be subject
to the provisions of Article 112.
When internees do not have at their disposal the assistance of
ministers of their faith, or should these latter be too few in number,
the local religious authorities of the same faith may appoint, in
agreement with the Detaining Power, a minister of the internees'
faith or, if such a course is feasible from a denominational point of
view, a minister of similar religion or a qualified layman. The latter
shall enjoy the facilities granted to the ministry he has
assumed. Persons so appointed shall comply with all regulations laid
down by the Detaining Power in the interests of discipline and
security.
Article 94
The Detaining Power shall encourage intellectual, educational and
recreational pursuits, sports and games amongst internees, whilst
leaving them free to take part in them or not. It shall take all
practicable measures to ensure the exercise thereof, in particular by
providing suitable premises.
All possible facilities shall be granted to internees to continue
their studies or to take up new subjects. The education of children
and young people shall be ensured; they shall be allowed to attend
schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports
and outdoor games. For this purpose, sufficient open spaces shall be
set aside in all places of internment. Special playgrounds shall be
reserved for children and young people.
Article 95
The Detaining Power shall not employ internees as workers, unless they
so desire. Employment which, if undertaken under compulsion by a
protected person not in internment, would involve a breach of Articles
40 or 51 of the present Convention, and employment on work which is of
a degrading or humiliating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give
up work at any moment, subject to eight days' notice.
These provisions constitute no obstacle to the right of the Detaining
Power to employ interned doctors, dentists and other medical personnel
in their professional capacity on behalf of their fellow internees, or
to employ internees for administrative and maintenance work in places
of internment and to detail such persons for work in the kitchens or
for other domestic tasks, or to require such persons to undertake
duties connected with the protection of internees against aerial
bombardment or other war risks. No internee may, however, be required
to perform tasks for which he is, in the opinion of a medical officer,
physically unsuited.
The Detaining Power shall take entire responsibility for all working
conditions, for medical attention, for the payment of wages, and for
ensuring that all employed internees receive compensation for
occupational accidents and diseases. The standards prescribed for the
said working conditions and for compensation shall be in accordance
with the national laws and regulations, and with the existing
practice; they shall in no case be inferior to those obtaining for
work of the same nature in the same district. Wages for work done
shall be determined on an equitable basis by special agreements
between the internees, the Detaining Power, and, if the case arises,
employers other than the Detaining Power, due regard being paid to the
obligation of the Detaining Power to provide for free maintenance of
internees and for the medical attention which their state of health
may require. Internees permanently detailed for categories of work
mentioned in the third paragraph of this Article shall be paid fair
wages by the Detaining Power. The working conditions and the scale of
compensation for occupational accidents and diseases to internees thus
detailed shall not be inferior to those applicable to work of the same
nature in the same district.
Article 96
All labour detachments shall remain part of and dependent upon a place
of internment. The competent authorities of the Detaining Power and
the commandant of a place of internment shall be responsible for the
observance in a labour detachment of the provisions of the present
Convention. The commandant shall keep an up-to-date list of the labour
detachments subordinate to him and shall communicate it to the
delegates of the Protecting Power, of the International Committee of
the Red Cross and of other humanitarian organizations who may visit
the places of internment.
Chapter VI
PERSONAL PROPER AND FINANCIAL RESOURCES
Article 97
Internees shall be permitted to retain articles of personal
use. Monies, cheques, bonds, etc., and valuables in their possession
may not be taken from them except in accordance with established
procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as
provided for in Article 98. Such amounts may not be converted into any
other currency unless legislation in force in the territory in which
the owner is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not
be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles,
monies or other valuables taken from them during internment and shall
receive in currency the balance of any credit to their accounts kept
in accordance with Article 98, with the exception of any articles or
amounts withheld by the Detaining Power by virtue of its legislation
in force. If the property of an internee is so withheld, the owner
shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be
taken away without a receipt being given. At no time shall internees
be left without identity documents. If they have none, they shall be
issued with special documents drawn up by the detaining authorities,
which will serve as their identity papers until the end of their
internment.
Internees may keep on their persons a certain amount of money, in cash
or in the shape of purchase coupons, to enable them to make purchases.
Article 98
All internees shall receive regular allowances, sufficient to enable
them to purchase goods and articles, such as tobacco, toilet
requisites, etc. Such allowances may take the form of credits or
purchase coupons.
Furthermore, internees may receive allowances from the Power to which
they owe allegiance, the Protecting Powers, the organizations which
may assist them, or their families, as well as the income on their
property in accordance with the law of the Detaining Power. The amount
of allowances granted by the Power to which they owe allegiance shall
be the same for each category of internees (infirm, sick, pregnant
women, etc.), but may not be allocated by that Power or distributed by
the Detaining Power on the basis of discrimination between internees
which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee,
to which shall be credited the allowances named in the present
Article, the wages earned and the remittances received, together with
such sums taken from him as may be available under the legislation in
force in the territory in which he is interned. Internees shall be
granted all facilities consistent with the legislation in force in
such territory to make remittances to their families and to other
dependants. They may draw from their accounts the amounts necessary
for their personal expenses, within the limits fixed by the Detaining
Power. They shall at all times be afforded reasonable facilities for
consulting and obtaining copies of their accounts. A statement of
accounts shall be furnished to the Protecting Power on request, and
shall accompany the internee in case of transfer.
Chapter VII
ADMINISTRATION AND DISCIPLINE
Article 99
Every place of internment shall be put under the authority of a
responsible officer, chosen from the regular military forces or the
regular civil administration of the Detaining Power. The officer in
charge of the place of internment must have in his possession a copy
of the present Convention in the official language, or one of the
official languages, of his country and shall be responsible for its
application. The staff in control of internees shall be instructed in
the provisions of the present Convention and of the administrative
measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements
concluded under the said Convention shall be posted inside the place
of internment, in a language which the internees understand, or shall
be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be
communicated to the internees and posted inside the places of
internment, in a language which they understand.
Every order and command addressed to internees individually must
likewise be given in a language which they understand.
Article 100
The disciplinary regime in places of internment shall be consistent
with humanitarian principles, and shall in no circumstances include
regulations imposing on internees any physical exertion dangerous to
their health or involving physical or moral
victimization. Identification by tattooing or imprinting signs or
markings on the body is prohibited.
In particular, prolonged standing and roll-calls, punishment drill,
military drill and manoeuvres, or the reduction of food rations, are
prohibited.
Article 101
Internees shall have the right to present to the authorities in whose
power they are any petition with regard to the conditions of
internment to which they are subjected.
They shall also have the right to apply without restriction through
the Internee Committee or, if they consider it necessary, direct to
the representatives of the Protecting Power, in order to indicate to
them any points on which they may have complaints to make with regard
to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and
without alteration, and even if the latter are recognized to be
unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to
the needs of the internees may be sent by the Internee Committees to
the representatives of the Protecting Powers.
Article 102
In every place of internment, the internees shall freely elect by
secret ballot every six months, the members of a Committee empowered
to represent them before the Detaining and the Protecting Powers, the
International Committee of the Red Cross and any other organization
which may assist them. The members of the Committee shall be eligible
for re-election.
Internees so elected shall enter upon their duties after their
election has been approved by the detaining authorities. The reasons
for any refusals or dismissals shall be communicated to the Protecting
Powers concerned.
Article 103
The Internee Committees shall further the physical, spiritual and
intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of
mutual assistance amongst themselves, this organization would be
within the competence of the Committees in addition to the special
duties entrusted to them under other provisions of the present
Convention.
Article 104
Members of Internee Committees shall not be required to perform any
other work, if the accomplishment of their duties is rendered more
difficult thereby.
Members of Internee Committees may appoint from amongst the internees
such assistants as they may require. All material facilities shall be
granted to them, particularly a certain freedom of movement necessary
for the accomplishment of their duties (visits to labour detachments,
receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee
Committees for communication by post and telegraph with the detaining
authorities, the Protecting Powers, the International Committee of the
Red Cross and their delegates, and with the organizations which give
assistance to internees. Committee members in labour detachments shall
enjoy similar facilities for communication with their Internee
Committee in the principal place of internment. Such communications
shall not be limited, nor considered as forming a part of the quota
mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a
reasonable time to acquaint their successors with current affairs.
Chapter VIII
RELATIONS WITH THE EXTERIOR
Article 105
Immediately upon interning protected persons, the Detaining Power
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 Power shall likewise inform the
Parties concerned of any subsequent modifications of such measures.
Article 106
As soon as he is interned, or at the latest not more than one week
after his arrival in a place of internment, and likewise in cases of
sickness or transfer to another place of internment or to a hospital,
every internee shall be enabled to send direct to his family, on the
one hand, and to the Central Agency provided for by Article 140, on
the other, an internment card similar, if possible, to the model
annexed to the present Convention, informing his relatives of his
detention, address and state of health. The said cards shall be
forwarded as rapidly as possible and may not be delayed in any way.
Article 107
Internees shall be allowed to send and receive letters and cards. If
the Detaining Power deems it necessary to limit the number of letters
and cards sent by each internee, the said number shall not be less
than two letters and four cards monthly; these shall be drawn up so as
to conform as closely as possible to the models annexed to the present
Convention. If limitations must be placed on the correspondence
addressed to internees, they may be ordered only by the Power to which
such internees owe allegiance, possibly at the request of the
Detaining Power. Such letters and cards must be conveyed with
reasonable despatch; they may not be delayed or retained for
disciplinary reasons.
Internees who have been a long time without news, or who find it
impossible to receive news from their relatives, or to give them news
by the ordinary postal route, as well as those who are at a
considerable distance from their homes, shall be allowed to send
telegrams, the charges being paid by them in the currency at their
disposal. They shall likewise benefit by this provision in cases which
are recognized to be urgent.
As a rule, internees' mail shall be written in their own
language. The Parties to the conflict may authorize correspondence in
other languages.
Article 108
Internees shall be allowed to receive, by post or by any other means,
individual parcels or collective shipments containing in particular
foodstuffs, clothing, medical supplies, as well as books and objects
of a devotional, educational or recreational character which may meet
their needs. Such shipments shall in no way free the Detaining Power
from the obligations imposed upon it by virtue of the present
Convention.
Should military necessity require the quantity of such shipments to be
limited, due notice thereof shall be given to the Protecting Power and
to the International Committee of the Red Cross, or to any other
organization giving assistance to the internees and responsible for
the forwarding of such shipments.
The conditions for the sending of individual parcels and collective
shipments shall, if necessary, be the subject of special agreements
between the Powers concerned, which may in no case delay the receipt
by the internees of relief supplies. Parcels of clothing and
foodstuffs may not include books. Medical relief supplies shall, as a
rule, be sent in collective parcels.
Article 109
In the absence of special agreements between Parties to the conflict
regarding the conditions for the receipt and distribution of
collective relief shipments, the regulations concerning collective
relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict
the right of Internee Committees to take possession of collective
relief shipments intended for internees, to undertake their
distribution and to dispose of them in the interests of the
recipients.
Nor shall such agreements restrict the right of representatives of the
Protecting Powers, the International Committee of the Red Cross, or
any other organization giving assistance to internees and responsible
for the forwarding of collective shipments, to supervise their
distribution to the recipients.
Article 110
All relief shipments for internees shall be exempt from import,
customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post
and remittances of money, addressed from other countries to internees
or despatched by them through the post office, either direct or
through the Information Bureaux provided for in Article 136 and the
Central Information Agency provided for in Article 140, shall be
exempt from all postal dues both in the countries of origin and
destination and in intermediate countries. To this end. in particular,
the exemption provided by the Universal Postal Convention of 1947 and
by the agreements of the Universal Postal Union in favour of civilians
of enemy nationality detained in camps or civilian prisons, shall be
extended to the other interned persons protected by the present
Convention. The countries not signatory to the above-mentioned
agreements shall be bound to grant freedom from charges in the same
circumstances.
The cost of transporting relief shipments which are intended for
internees and which, by reason of their weight or any other cause,
cannot be sent through the post office, shall be borne by the
Detaining Power in all the territories under its control. Other Powers
which are Parties to the present Convention shall bear the cost of
transport in their respective territories.
Costs connected with the transport of such shipments, which are not
covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as
possible, the charges for telegrams sent by internees, or addressed to
them.
Article 111
Should military operations prevent the Powers concerned from
fulfilling their obligation to ensure the conveyance of the mail and
relief shipments provided for in Articles 106, 107, 108 and 113, the
Protecting Powers concerned, the International Committee of the Red
Cross or any other organization duly approved by the Parties to the
conflict may undertake the conveyance of such shipments by suitable
means (rail, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavour to supply them
with such transport, and to allow its circulation, especially by
granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) Correspondence, lists and reports exchanged between the Central
Information Agency referred to in Article 140 and the National Bureaux
referred to in Article 136;
(b) Correspondence and reports relating to internees which the
Protecting Powers, the International Committee of the Red Cross or any
other organization assisting the internees exchange either with their
own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the
conflict to arrange other means of transport if it should so prefer,
nor preclude the granting of safe-conducts, under mutually agreed
conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be
borne, in proportion to the importance of the shipments, by the
Parties to the conflict whose nationals are benefited thereby.
Article 112
The censoring of correspondence addressed to internees or despatched
by them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be
carried out under conditions that will expose the goods contained in
them to deterioration. It shall be done in the presence of the
addressee, or of a fellow-internee duly delegated by him. The delivery
to internees of individual or collective consignments shall not be
delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the
conflict, either for military or political reasons, shall be only
temporary and its duration shall be as short as possible.
Article 113
The Detaining Powers shall provide all reasonable facilities for the
transmission, through the Protecting Power or the Central Agency
provided for in Article 140, or as otherwise required, of wills,
powers of attorney letters of authority, or any other documents
intended for internees or despatched by them.
In all cases the Detaining Power shall facilitate the execution and
authentication in due legal form of such documents on behalf of
internees, in particular by allowing them to consult a lawyer.
Article 114
The Detaining Power shall afford internees all facilities to enable
them to manage their property, provided this is not incompatible with
the conditions of internment and the law which is applicable. For this
purpose, the said Power may give them permission to leave the place of
internment in urgent cases and if circumstances allow.
Article 115
In all cases where an internee is a party to proceedings in any court,
the Detaining Power shall, if he so requests, cause the court to be
informed of his detention and shall, within legal limits, ensure that
all necessary steps are taken to prevent him from being in any way
prejudiced, by reason of his internment, as regards the preparation
and conduct of his case or as regards the execution of any judgment of
the court.
Article 116
Every internee shall be allowed to receive visitors, especially near
relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their
homes in urgent cases, particularly in cases of death or serious
illness of relatives.
Chapter IX
PENAL AND DISCIPLINARY SANCTIONS
Article 117
Subject to the provisions of the present Chapter, the laws in force in
the territory in which they are detained will continue to apply to
internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by
internees to be punishable, whereas the same acts are not punishable
when committed by persons who are not internees, such acts shall
entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the
same count.
Article 118
The courts or authorities shall in passing sentence take as far as
possible into account the fact that the defendant is not a national of
the Detaining Power. They shall be free to reduce the penalty
prescribed for the offence with which the internee is charged and
shall not be obliged, to this end, to apply the minimum sentence
prescribed.
Imprisonment in premises without daylight, and, in general, all forms
of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not
be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be
deducted from any disciplinary or judicial penalty involving
confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings
instituted against internees whom they represent, and of their result.
Article 119
The disciplinary punishments applicable to internees shall be the
following:
1. A fine which shall not exceed 50 per cent of the wages which the
internee would otherwise receive under the provisions of Article 95
during a period of not more than thirty days.
2. Discontinuance of privileges granted over and above the treatment
provided for by the present Convention.
3. Fatigue duties, not exceeding two hours daily, in connection with
the maintenance of the place of internment.
4. Confinement.
In no case shall disciplinary penalties be inhuman, brutal or
dangerous for the health of internees. Account shall be taken of the
internee's age, sex and state of health.
The duration of any single punishment shall in no case exceed a
maximum of thirty consecutive days, even if the internee is answerable
for several breaches of discipline when his case is dealt with,
whether such breaches are connected or not.
Article 120
Internees who are recaptured after having escaped or when attempting
to escape shall be liable only to disciplinary punishment in respect
of this act, even if it is a repeated offence. Article 118, paragraph
3, notwithstanding, internees punished as a result of escape or
attempt to escape, may be subjected to special surveillance, on
condition that such surveillance does not affect the state of their
health, that it is exercised in a place of internment and that it does
not entail the abolition of any of the safeguards granted by the
present Convention.
Internees who aid and abet an escape, or attempt to escape, shall be
liable on this count to disciplinary punishment only.
Article 121
Escape, or attempt to escape, even if it is a repeated offence, shall
not be deemed an aggravating circumstance in cases where an internee
is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent
authorities exercise leniency in deciding whether punishment inflicted
for an offence shall be of a disciplinary or judicial nature,
especially in respect of acts committed in connection with an escape,
whether successful or not.
Article 122
Acts which constitute offences against discipline shall be
investigated immediately. This rule shall be applied, in particular,
in cases of escape or attempt to escape. Recaptured internees shall be
handed over to the competent authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial
shall be reduced to an absolute minimum for all internees, and shall
not exceed fourteen days. Its duration shall in any case be deducted
from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who
are in confinement awaiting trial for offences against discipline.
Article 123
Without prejudice to the competence of courts and higher authorities,
disciplinary punishment may be ordered only by the commandant of the
place of internment, or by a responsible officer or official who
replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee
shall be given precise information regarding the offences of which he
is accused, and given an opportunity of explaining his conduct and of
defending himself. He shall be permitted, in particular, to call
witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced in the presence
of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary
punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a
period of at least three days shall elapse between the execution of
any two of the punishments, if the duration of one of these is ten
days or more.
A record of disciplinary punishments shall be maintained by the
commandant of the place of internment and shall be open to inspection
by representatives of the Protecting Power.
Article 124
Internees shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to
undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone shall
conform to sanitary requirements; they shall in particular be provided
with adequate bedding. Internees undergoing punishment shall be
enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined
in separate quarters from male internees and shall be under the
immediate supervision of women.
Article 125
Internees awarded disciplinary punishment shall be allowed to exercise
and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily
medical inspections. They shall receive the attention which their
state of health requires and, if necessary, shall be removed to the
infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and
receive letters. Parcels and remittances of money, however, may be
withheld from them until the completion of their punishment; such
consignments shall meanwhile be entrusted to the Internee Committee,
who will hand over to the infirmary the perishable goods contained in
the parcels.
No internee given a disciplinary punishment may be deprived of the
benefit of the provisions of Articles 107 and 143 of the present
Convention.
Article 126
The provisions of Articles 71 to 76 inclusive shall apply, by analogy,
to proceedings against internees who are in the national territory of
the Detaining Power.
Chapter X
TRANSFERS OF INTERNEES
Article 127
The transfer of internees shall always be effected humanely. As a
general rule, it shall be carried out by rail or other means of
transport, and under conditions at least equal to those obtaining for
the forces of the Detaining Power in their changes of station. If, as
an exceptional measure, such removals have to be effected on foot,
they may not take place unless the internees are in a fit state of
health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with
drinking water and food sufficient in quantity, quality and variety to
maintain them in good health, and also with the necessary clothing,
adequate shelter and the necessary medical attention. The Detaining
Power shall take all suitable precautions to ensure their safety
during transfer, and shall establish before their departure a complete
list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be
transferred if the journey would be seriously detrimental to them,
unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees
in the said place shall not be transferred unless their removal can be
carried out in adequate conditions of safety, or unless they are
exposed to greater risks by remaining on the spot than by being
transferred.
When making decisions regarding the transfer of internees, the
Detaining Power shall take their interests into account and, in
particular, shall not do anything to increase the difficulties of
repatriating them or returning them to their own homes.
Article 128
In the event of transfer, internees shall be officially advised of
their departure and of their new postal address. Such notification
shall be given in time for them to pack their luggage and inform their
next of kin.
They shall be allowed to take with them their personal effects, and
the correspondence and parcels which have arrived for them. The weight
of such baggage may be limited if the conditions of transfer so
require, but in no case to less than twenty-five kilograms per
internee.
Mail and parcels addressed to their former place of internment shall
be forwarded to them without delay.
The commandant of the place of internment shall take, in agreement
with the Internee Committee, any measures needed to ensure the
transport of the internees' community property and of the luggage
the internees are unable to take with them in consequence of
restrictions imposed by virtue of the second paragraph.
Chapter XI
DEATHS
Article 129
The wills of internees shall be received for safe-keeping by the
responsible authorities; and in the event of the death of an internee
his will shall be transmitted without delay to a person whom he has
previously designated.
Deaths of internees shall be certified in every case by a doctor, and
a death certificate shall be made out, showing the causes of death and
the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in
accordance with the procedure relating thereto in force in the
territory where the place of internment is situated, and a duly
certified copy of such record shall be transmitted without delay to
the Protecting Power as well as to the Central Agency referred to in
Article 140.
Article 130
The detaining authorities shall ensure that internees who die while
interned are honourably buried, if possible according to the rites of
the religion to which they belonged, and that their graves are
respected, properly maintained, and marked in such a way that they can
always be recognized.
Deceased internees shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves. Bodies
may be’ cremated only for imperative reasons of hygiene, on
account of the religion of the deceased or in accordance with his
expressed wish to this effect. In case of cremation, the fact shall be
stated and the reasons given in the death certificate of the
deceased. The ashes shall be retained for safe-keeping by the
detaining authorities and shall be transferred as soon as possible to
the next of kin on their request.
As soon as circumstances permit, and not later than the close of
hostilities, the Detaining Power shall forward lists of graves of
deceased internees to the Powers on whom the deceased internees
depended, through the Information Bureaux provided for in Article
136. Such lists shall include all particulars necessary for the
identification of the deceased internees, as well as the exact
location of their graves.
Article 131
Every death or serious injury of an internee, caused or suspected to
have been caused by a sentry, another internee or any other person, as
well as any death the cause of which is unknown, shall be immediately
followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the
Projecting Power. The evidence of any witnesses shall be taken, and a
report including such evidence shall be prepared and forwarded to the
said Protecting power.
If the enquiry indicates the guilt of one or more persons, the
Detaining Power shall take all necessary steps to ensure the
prosecution of the person or persons responsible.
Chapter XII
RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
Article 132
Each interned person shall be released by the Detaining Power as soon
as the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the
course of hostilities, to conclude agreements for the release, the
repatriation, the return to places of residence or the accommodation
in a neutral country of certain classes of internees, in particular
children, pregnant women and mothers with infants and young children,
wounded and sick, and internees who have been detained for a long
time.
Article 133
Internment shall cease as soon as possible after the close of
hostilities.
Internees, in the territory of a Party to the conflict, against whom
penal proceedings are pending for offences not exclusively subject to
disciplinary penalties, may be detained until the close of such
proceedings and, if circumstances require, until the completion of the
penalty. The same shall apply to internees who have been previously
sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned,
committees may be set up after the close of hostilities, or of the
occupation of territories, to search for dispersed internees.
Article 134
The High Contracting Parties shall endeavour, upon the close of
hostilities or occupation, to ensure the return of all internees to
their last place of residence, or to facilitate their repatriation.
Article 135
The Detaining Power shall bear the expense of returning released
internees to the places where they were residing when interned, or, if
it took them into custody while they were in transit or on the high
seas, the cost of completing their journey or of their return to their
point of departure.
Where a Detaining Power refuses permission to reside in its territory
to a released internee who previously had his permanent domicile
therein, such Detaining Power shall pay the cost of the said
internee's repatriation. If, however, the internee elects to
return to his country on his own responsibility or in obedience to the
Government of the Power to which he owes allegiance, the Detaining
Power need not pay the expenses of his journey beyond the point of his
departure from its territory. The Detaining Power need not pay the
costs of repatriation of an internee who was interned at his own
request.
If internees are transferred in accordance with Article 45, the
transferring and receiving Powers shall agree on the portion of the
above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be
concluded between Parties to the conflict concerning the exchange and
repatriation of their nationals in enemy hands.
SECTION V: INFORMATION BUREAUX AND CENTRAL AGENCY
Article 136
Upon the outbreak of a conflict and in all cases of occupation, each
of the Parties to the conflict shall establish an official Information
Bureau responsible for receiving and transmitting information in
respect of the protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest
possible period, give its Bureau information of any measure taken by
it concerning any protected persons who are kept in custody for more
than two weeks, who are subjected to assigned residence or who are
interned. It shall, furthermore, require its various departments
concerned with such matters to provide the aforesaid Bureau promptly
with information concerning all changes pertaining to these protected
persons, as, for example, transfers, release, repatriations, escapes,
admittances to hospitals, births and deaths.
Article 137
Each national Bureau shall immediately forward information concerning
protected persons by the most rapid means to the Powers of whom the
aforesaid persons are nationals, or to Powers in whose territory they
resided, through the intermediary of the Protecting Powers and
likewise through the Central Agency provided for in Article 140. The
Bureaux shall also reply to all enquiries which may be received
regarding protected persons.
Information Bureaux shall transmit information concerning a protected
person unless its transmission might be detrimental to the person
concerned or to his or her relatives. Even in such a case, the
information may not be withheld from the Central Agency which, upon
being notified of the circumstances, will take the necessary
precautions indicated in Article 140.
All communications in writing made by any Bureau shall be
authenticated by a signature or a seal.
Article 138
The information received by the national Bureau and transmitted by it
shall be of such a character as to make it possible to identify the
protected person exactly and to advise his next of kin quickly. The
information in respect of each person shall include at least his
surname, first names, place and date of birth, nationality, last
residence and distinguishing characteristics, the first name of the
father and the maiden name of the mother, the date, place and nature
of the action taken with regard to the individual, the address at
which correspondence may be sent to him and the name and address of
the person to be informed.
Likewise, information regarding the state of health of internees who
are seriously ill or seriously wounded shall be supplied regularly and
if possible every week.
Article 139
Each national Information Bureau shall, furthermore, be responsible
for collecting all personal valuables left by protected persons
mentioned in Article 136, in particular those who have been
repatriated or released, or who have escaped or died; it shall forward
the said valuables to those concerned, either direct, or, if
necessary, through the Central Agency. Such articles shall be sent by
the Bureau in sealed packets which shall be accompanied by statements
giving clear and full identity particulars of the person to whom the
articles belonged, and by a complete list of the contents of the
parcel. Detailed records shall be maintained of the receipt and
despatch of all such valuables.
Article 140
A Central Information Agency for protected persons, in particular for
internees, shall be created in a neutral country. The International
Committee of the Red Cross shall, if it deems necessary, propose to
the Powers concerned the organization of such an Agency, which may be
the same as that provided for in Article 123 of the Geneva Convention
relative to the Treatment of Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information of the
type set forth in Article 136 which it may obtain through official or
private channels and to transmit it as rapidly as possible to the
countries of origin or of residence of the persons concerned, except
in cases where such transmissions might be detrimental to the persons
whom the said information concerns, or to their relatives. It shall
receive from the Parties to the conflict all reasonable facilities for
effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals
benefit by the services of the Central Agency, are requested to give
the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting
the humanitarian activities of the International Committee of the Red
Cross and of the relief Societies described in Article 142.
Article 141
The national Information Bureaux and the Central Information Agency
shall enjoy free postage for all mail, likewise the exemptions
provided for in Article 110, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced
rates.
PART IV
EXECUTION OF THE CONVENTION
SECTION I: GENERAL PROVISIONS
Article 142
Subject to the measures which the Detaining Powers may consider
essential to ensure their security or to meet any other reasonable
need, the representatives of religious organizations, relief
societies, or any other organizations assisting the protected persons,
shall receive from these Powers, for themselves or their duly
accredited agents, all facilities for visiting the protected persons,
for distributing relief supplies and material from any source,
intended for educational, recreational or religious purposes , or for
assisting them in organizing their leisure time within the places of
internment. Such societies or organizations may be constituted in the
territory of the Detaining Power, or in any other country, or they may
have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their
activities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the supply of effective
and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross
in this field shall be recognized and respected at all times.
Article 143
Representatives or delegates of the Protecting Powers shall have
permission to go to all places where protected persons are,
particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons
and shall be able to interview the latter without witnesses,
personally or through an interpreter.
Such visits may not be prohibited except for reasons of imperative
military necessity, and then only as an exceptional and temporary
measure Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select
the places they wish to visit. The Detaining or Occupying Power, the
Protecting Power and when occasion arises the Power of origin of the
persons to be visited, may agree that compatriots of the internees
shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall
also enjoy the above prerogatives. The appointment of such delegates
shall be submitted to the approval of the Power governing the
territories where they will carry out their duties.
Article 144
The High Contracting Parties undertake, in time of peace as in time of
war, to disseminate the text of the present Convention as widely as
possible in their respective countries, and, in particular, to include
the study thereof in their programmes of military and, if possible,
civil instruction, so that the principles thereof may become known to
the entire population.
Any civilian, military, police or other authorities, who in time of
war assume responsibilities in respect of protected persons, must
possess the text of the Convention and be specially instructed as to
its provisions.
Article 145
The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the
Protecting Powers, the official translations of the present
Convention, as well as the laws and regulations which they may adopt
to ensure the application thereof.
Article 146
The High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing,
or ordering to be committed, any of the grave breaches of the present
Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search
for persons alleged to have committed, or to have ordered to be
committed, such grave breaches, and shall bring such persons,
regardless of their nationality, before its own courts. It may also,
if it prefers, and in accordance with the provisions of its own
legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party
has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the
suppression of all acts contrary to the provisions of the present
Convention other than the grave breaches defined in the following
Article.
In all circumstances, the accused persons shall benefit by safeguards
of proper trial and defence, which shall not be less favourable than
those provided by Article 105 and those following of the Geneva
Convention relative to the Treatment of Prisoners of War of August 12,
1949.
Article 147
Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or
property protected by the present Convention: wilful killing, torture
or inhuman treatment, including biological experiments, wilfully
causing great suffering or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement of a protected person,
compelling a protected person to serve in the forces of a hostile
Power, or wilfully depriving a protected person of the rights of fair
and regular trial prescribed in the present Convention, taking of
hostages and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and
wantonly.
Article 148
No High Contracting Party shall be allowed to absolve itself or any
other High Contracting Party of any liability incurred by itself or by
another High Contracting Party in respect of breaches referred to in
the preceding Article.
Article 149
At the request of a Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between the interested Parties,
concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the
enquiry, the Parties should agree on the choice of an umpire who will
decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict
shall put an end to it and shall repress it with the least possible
delay.
SECTION 11
FINAL PROVISIONS
Article 150
The present Convention is established in English and in French. Both
texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of
the Convention to be made in the Russian and Spanish languages.51
The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers
represented at the Conference which opened at Geneva on April 21,
1949.52
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.53
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.54
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.55
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.56
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.57
The situations provided for in Articles 2 and 3 shall give immediate
effect to ratifications deposited and accessions notified by the
Parties to the conflict before or after the beginning of hostilities
or occupation. The Swiss Federal Council shall communicate by the
quickest method any ratifications or accessions received from Parties
to the conflict.58
Each of the High Contracting Parties shall be at liberty to denounce
the present Convention.
The denunciation shall be notified in writing to the Swiss Federal
Council, which shall transmit it to the Governments of all the High
Contracting Parties.
The denunciation shall take effect one year after the notification
thereof has been made to the Swiss Federal Council. However, a
denunciation of which notification has been made at a time when the
denouncing Power is involved in a conflict shall not take effect until
peace has been concluded, and until after operations connected with
the release, repatriation and re-establishment of the persons
protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing
Power. It shall in no way impair the obligations which the Parties to
the conflict shall remain bound to fulfil by virtue of the principles
of the law of nations, as they result from the usages established
among civilized peoples, from the laws of humanity and the dictates of
the public conscience.59
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
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 who 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.
Article 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 9.1
Article 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.2
Article 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.3
Article 13
The present agreement shall also apply to localities which the Powers
may utilize for the same purposes as hospital and safety zones.
ANNEX 11
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
prisons or other penitentiary establishments.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR3
Article 13
The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.
Article 14
In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to-the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.
Article 15
Any Party to the conflict may, either directly or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:
(a) Wounded and sick combatants or non-combatants;
(b) Civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.
Article 16
The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.
Article 18
Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.
The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel.
Article 21
Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Article 22
Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
Article 23
Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:
(a) That the consignments may be diverted from their destination;
(b) That the control may not be effective; or
(c) That a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods.
The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited there by being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.
Article 24
The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.
Article 25
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month.
Article 26
Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations.
PART III
STATUS AND TREATMENT OF PROTECTED PERSONSSECTION I: PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
Article 28
The presence of a protected person may not be used to render certain points or areas immune from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.
Article 30
Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person but also to any other measures of brutality whether applied by civilian or military agents.
Article 33
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
Article 34
The taking of hostages is prohibited.
SECTION 11: ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
Article 35
All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.
Article 36
Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Article 37
Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.
Article 38
With the exception of special measures authorized by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:
1. They shall be enabled to receive the individual or collective relief that may be sent to them.
2. They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.
3. They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith.
4. If they reside in an area particularly exposed to the dangers of war, they shall be 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.
Article 39
Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his 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.
Article 40
Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.
Article 41
Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residences by virtue of a decision placing them in assigned residence elsewhere. the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.
Article 44
In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.
Article 45
Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.
Article 46
In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.
SECTION 111: OCCUPIED TERRITORIES
Article 47
Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
Article 48
Protected persons who are not nationals of the Power whose territory is occupied may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.
Article 49
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons do demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
Article 50
The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.
Article 51
The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character.
Article 52
No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention.
All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.
Article 53
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Article 54
The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.
Article 55
To the fullest extent of the means available to it the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.
Article 56
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.
Article 57
The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.
Article 58
The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.
Article 59
If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.
Article 60
Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.
Article 61
The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.
Article 62
Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.
Article 63
Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:
(a) Recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;
(b) The Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues.
Article 64
The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.
Article 65
The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive.
Article 66
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.
Article 67
The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportioned to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power.
Article 68
Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that, since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence.
Article 69
In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded.
Article 70
Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.
Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
Article 71
No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:
(a) Description of the accused;
(b) Place of residence or detention;
(c) Specification of the charge or charges (with mention of the penal provisions under which it is brought);
(d) Designation of the court which will hear the case;
(e) Place and date of the first hearing.
Article 72
Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement.
Article 73
A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power.
Article 74
Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment for two years or more, shall not run until notification of judgment has been received by the Protecting Power.
Article 75
In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.
Article 76
Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may require.
Women shall be confined in separate quarters and shall be under the direct supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.
Article 77
Protected persons who have been accused of offences or convicted by the courts in occupied territory shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory.
Article 78
If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention.
SECTION IV: REGULATIONS FOR THE TREATMENT OF INTERNEES
Chapter I
GENERAL PROVISIONS
Article 79
The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.
Article 80
Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status.
Article 81
Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such dependants are without adequate means of support or are unable to earn a living.
Article 82
The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life.
Chapter II
PLACES OF INTERNMENT
Article 83
The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such.
Article 84
Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason.
Article 85
The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned , is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them.
Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory.
Article 86
The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.
Article 87
Canteens shall be installed in every place of internment, except where other suitable facilities are available. 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.
Article 88
In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire.
Chapter III
FOOD AND CLOTHING
Article 89
Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to the kind of labour which they perform.
Expectant and nursing mothers and children under fifteen years of age shall be given additional food, in proportion to their physiological needs.
Article 90
When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires.
Chapter IV
HYGIENE AND MEDICAL ATTENTION
Article 91
Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee.
Article 92
Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination.
Chapter V
RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Article 93
Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose, the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and be longing to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.
Article 94
The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people.
Article 95
The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days' notice.
These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed shall not be inferior to those applicable to work of the same nature in the same district.
Article 96
All labour detachments shall remain part of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment.
Chapter VI
PERSONAL PROPER AND FINANCIAL RESOURCES
Article 97
Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent. Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases.
Article 98
All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discrimination between internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer.
Chapter VII
ADMINISTRATION AND DISCIPLINE
Article 99
Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually must likewise be given in a language which they understand.
Article 100
The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited.
Article 101
Internees shall have the right to present to the authorities in whose power they are any petition with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs of the internees may be sent by the Internee Committees to the representatives of the Protecting Powers.
Article 102
In every place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee empowered to represent them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned.
Article 103
The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention.
Article 104
Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
Chapter VIII
RELATIONS WITH THE EXTERIOR
Article 105
Immediately upon interning protected persons, the Detaining Power 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 Power shall likewise inform the Parties concerned of any subsequent modifications of such measures.
Article 106
As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.
Article 107
Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees' mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages.
Article 108
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels.
Article 109
In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.
Article 110
All relief shipments for internees shall be exempt from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this end. in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them.
Article 111
Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) Correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136;
(b) Correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.
Article 112
The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
Article 113
The Detaining Powers shall provide all reasonable facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney letters of authority, or any other documents intended for internees or despatched by them.
In all cases the Detaining Power shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.
Article 114
The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow.
Article 115
In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court.
Article 116
Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives.
Chapter IX
PENAL AND DISCIPLINARY SANCTIONS
Article 117
Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same count.
Article 118
The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result.
Article 119
The disciplinary punishments applicable to internees shall be the following:
1. A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.
2. Discontinuance of privileges granted over and above the treatment provided for by the present Convention.
3. Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment.
4. Confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee's age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not.
Article 120
Internees who are recaptured after having escaped or when attempting to escape shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence. Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.
Internees who aid and abet an escape, or attempt to escape, shall be liable on this count to disciplinary punishment only.
Article 121
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not.
Article 122
Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.
In case of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline.
Article 123
Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power.
Article 124
Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women.
Article 125
Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention.
Article 126
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power.
Chapter X
TRANSFERS OF INTERNEES
Article 127
The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes.
Article 128
In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be forwarded to them without delay.
The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees' community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph.
Chapter XI
DEATHS
Article 129
The wills of internees shall be received for safe-keeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140.
Article 130
The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be’ cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom the deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves.
Article 131
Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Projecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible.
Chapter XII
RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
Article 132
Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time.
Article 133
Internment shall cease as soon as possible after the close of hostilities.
Internees, in the territory of a Party to the conflict, against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees.
Article 134
The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.
Article 135
The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee's repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
SECTION V: INFORMATION BUREAUX AND CENTRAL AGENCY
Article 136
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, release, repatriations, escapes, admittances to hospitals, births and deaths.
Article 137
Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a signature or a seal.
Article 138
The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.
Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.
Article 140
A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief Societies described in Article 142.
Article 141
The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.
PART IV
EXECUTION OF THE CONVENTION
SECTION I: GENERAL PROVISIONSArticle 142
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes , or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
Article 143
Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.
Article 144
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions.
Article 145
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Article 146
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Article 147
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Article 148
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Article 149
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
SECTION 11
FINAL PROVISIONS
Article 150
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.51
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949.52
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.53
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.54
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.55
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.56
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.57
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.58
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.59
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
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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 who 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.
Article 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 9.1
Article 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.2
Article 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.3
Article 13
The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital and safety zones.
ANNEX 11
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 prisons or other penitentiary establishments.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.