1. Short title.

2. Interpretation.

3. Grave breaches of scheduled Conventions.

4. Notice of trial of protected person to be served on protecting power.

5. Legal representation.

6. Appeals by protected person.

7. Reduction of sentence and custody of protected person.

8. Prevention of abuse of Red Cross and other emblems.

FIRST SCHEDULE: Geneva Convention for the Amelioration of the Condition of Wounded and Sick in Armed Forces in the Field of August 12, 1949.

SECOND SCHEDULE: Geneva Convention for the Amelioration of the Condition Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949.

THIRD SCHEDULE: Geneva Convention Relative to the Treatment of Prisoners of W of August 12, 1949.

FOURTH SCHEDULE: Geneva Convention Relative to the Protection of Civil Persons in Time of War of August 12, 1949.

FIFTH SCHEDULE: Protocol additional to the Geneva Conventions of 12 August 19 and relating to the Protection of Victims of International Armed Conflicts (Protocol I).

SIXTH SCHEDULE: Protocol additional to the Geneva Conventions of 12 August 19 and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). AN ACT to enable effect to be given within Zimbabwe to the four Conventions signed at Geneva on 12th August, 1949, dealing respectively with wounded and sick members of the armed forces in field, with wounded, sick and shipwrecked members of the armed forces at sea, with treatment prisoners of war and with protection of civilian persons in time of war; and to provide for mat incidental to or connected with the foregoing. [Date of commencement: 1st February, 1984.]

1 Short title

This Act may be cited as the Geneva Conventions Act [Chapter 11:06].

2 Interpretation

In this Act-

"court" does not include a court martial or other military court;

"First Protocol" means the Protocol additional to the scheduled Conventions which is set out in the F Schedule;

"prisoners' representative", in relation to a particular protected prisoner of war at a particular tim means the person by whom the functions of prisoners' representative within the meaning of article 79 the Convention set out in the Third Schedule were exercisable in relation to that prisoner at the camp place at which that prisoner was, at or immediately before that time, detained as a protected prisone war;

"Protected internee" means a person protected by the Convention set out in the Fourth Schedule or the First Protocol, and interned in Zimbabwe; "protected prisoner of war" means a person-

(a) protected by the Convention set out in the Third Schedule; or

(b) protected as a prisoner of war under the First Protocol; or

(c) entitled under the First Protocol to the same protection as a prisoner of war;

"protecting power", in relation to a protected prisoner of war or protected internee, means the power organization which is carrying out, in the interests of the power of which that person is a national or whose forces that person is or was at any material time a member, the duties assigned to protect powers under the Convention set out in the Third, Fourth or Fifth Schedule, as the case may be; "scheduled Conventions" means the Conventions set out in the First, Second, Third and Fou Schedules.

"Second Protocol" means the Protocol additional to the scheduled Conventions which is set out in Sixth Schedule;

3 Grave breaches of scheduled Conventions

(1) Any person, whatever his nationality, who, whether in or outside Zimbabwe, commits any s grave breach of a scheduled Convention or the First Protocol as is referred to in- (a) article 50 of the Convention set out in the First Schedule; or

(b) article 51 of the Convention set out in the Second Schedule; or (c) article 130 of the Convention set out in the Third Schedule; or

(d) article 147 of the Convention set out in the Fourth Schedule; or

(e) paragraph 4 of article 11 or paragraph 2, 3 or 4 of article 85 of the First Protocol; shall be guilty of an offence.

(2) A person guilty of an offence in terms of subsection (1) shall be liable-

(a) in the case of a grave breach referred to in subsection (1) which involves the wi killing of a person protected by the Convention in question, to be sentenced to death or to imprisonm for a period not exceeding thirty years;

(b) in the case of any other such grave breach not referred to in paragraph (a), imprisonment for a period not exceeding fourteen years.

(3) Where an offence in terms of this section has been committed outside Zimbabwe, the per concerned may be proceeded against, indicted, tried and punished therefor in any place in Zimbabwe if the offence had been committed in that place, and the offence shall, for all purposes incidental to consequential on the trial or punishment thereof, be deemed to have been committed in that place.

(4) If, in any trial for an offence in terms of this section, a question arises whether article 2 of any of scheduled Conventions or article 3 or 4 of the First Protocol is applicable, that question shall

determined by the Minister responsible for foreign affairs and a certificate purporting-

(a) to set out any such determination; and

(b) to be signed by or on behalf of the Minister responsible for foreign affairs; shall be received in evidence on its production by any person and be deemed to be so signed with further proof, unless the contrary is shown.

(5) No court martial or other military court shall have jurisdiction to try any person on a charge contravening subsection (1):

Provided that a person may be tried by a court martial or military court for an offence which, in term any other enactment, is triable by such a court, notwithstanding that his conduct amounts also t contravention of subsection (1).

(6) Where any person is brought before a court on a charge under this section, no further proceeding respect thereof shall be taken against him without the authority of the Attorney-General, except such the court may think necessary by way of remand to secure the due appearance of the person charged: Provided that nothing in this subsection shall be construed so as to deprive any person of any ri conferred upon him by Part III of the Criminal Procedure and Evidence Act [Chapter 9:07] to institu private prosecution for an offence under the common law against a person whom the Attorney-Gene has declined to prosecute on a charge under this section.

4 Notice of trial of protected person to be served on protecting power

(1) The court before which-

(a) a protected prisoner of war is brought for trial for any offence; or

(b) a protected internee is brought for trial for an offence for which that court has the pow to sentence him to death or to imprisonment for a period of two years or more;

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice contain the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been ser not less than three weeks previously on the protecting power and, if the accused is a protected priso of war, on the accused and the prisoners representative.

(2) The following particulars shall be contained in a notice referred to in subsection (1)-

(a) the full name and description of the accused, including the date of his birth and profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and arm regimental, personal or serial number; and

(b) the place of detention, internment or residence of the accused; and

(c) the offence with which the accused is charged; and

(d) the court before which the trial is to take place and the time and place appointed for trial.

(3) For the purposes of subsection (1), a document purporting to be-

(a) signed on behalf of the protecting power or by the prisoners' representative or by accused person, as the case may be; and

(b) an acknowledgement of the receipt by that power, representative or person on a specif day of a notice described therein as a notice under this section;

shall, unless the contrary is shown, be sufficient proof that the notice required by subsection (1) w served on that power, representative or person, as the case may be, on that day.

(4) A court which adjourns a trial for the purpose of enabling the requirements of this section to complied with may, notwithstanding anything to the contrary contained in any other law, remand accused person for the period of the adjournment.

5 Legal representation

(1) Subject to subsections (2) and (3), the court before which-

(a) a person is brought for trial for an offence in terms of subsection (1) of section three; o

(b) a protected prisoner of war is brought for trial for any offence; shall not proceed with the trial unless-

(i) the accused person is represented by a legal practitioner who is qualified to appear bef the court; and

(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days elapsed since instructions for the representation of the accused at the trial were first given to the le practitioner who is representing the accused;

and, if the court adjourns the trial for the purpose of enabling the requirements of this subsection to complied with, then, notwithstanding anything in any other law, the court may remand the accu person for the period of the adjournment.

(2) Where the accused person is a protected prisoner of war, in the absence of a legal practitio accepted by the accused as representing him, a legal practitioner instructed for the purpose by or behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) subsection (1), be regarded for the purposes of that subsection as representing the accused person.

(3) Where the court adjourns a trial in terms of subsection (1) by reason that the accused person is represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to wa over the interests of the accused person at any further proceedings in connection with the offence and any such further proceedings, in the absence of a legal practitioner accepted by the accused representing him or instructed as referred to in subsection (2), a legal practitioner assigned in terms this subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (1) , regarded for the purposes of that subsection as representing the accused.

(4) The Legal Assistance and Representation Act [Chapter 9:13] shall apply, mutatis mutandis relation to the manner in which a legal practitioner shall be assigned in terms of this section and relation to the remuneration payable to any such legal practitioner on the completion of his duties.

6 Appeals by protected persons

Where a protected prisoner of war or a protected internee has been sentenced to death or imprisonment for a period of two years or more, the time within which he may give notice of appea notice of his application for leave to appeal to the High Court or the Supreme Court, as the case may shall, notwithstanding anything contained in any other law, be not less than the period from the date his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten d after the date on which he receives a notice given by the officer in charge of the place at which h interned or confined that the protecting power has been notified of his conviction and sentence.

7 Reduction of sentence and custody of protected person

(1) In any case in which a protected prisoner of war or a protected internee is convicted of an offe and sentenced to a term of imprisonment, there shall be deducted from that term any period dur which that person was in custody in connection with the offence, either on remand or after committal trial, including the period of the trial, before the sentence began to run or is deemed to have begun run.

(2) The Minister responsible for justice may, where he is satisfied that a protected prisoner of w accused of an offence has been in custody in connection with that offence, either on remand or a committal for trial, including the period of the trial, for an aggregate period of not less than th months, direct that the prisoner shall be transferred from that custody to the custody of an officer of Defence Forces and thereafter remain in military custody at a camp or place in which protected prison of war are detained and be brought before the court at the time appointed by the remand or commi order.

8 Prevention of abuse of Red Cross and other emblems

(1) Subject to this section and section 7 of the Zimbabwe Red Cross Society Act [Chapter 17:08] person shall, without the authority in writing of the Minister responsible for health, use for any purp whatsoever any of the following emblems or designations-

(a) the emblem of a red cross with vertical and horizontal arms of the same length on, completely surrounded by, a white ground, or the designation "Red Cross" or "Geneva Cross"; (b) the emblem of a red crescent moon on, and completely surrounded by, a white ground the designation "Red Crescent";

(c) the following emblem in red on, and completely surrounded by, a white ground, that i say, a lion passing from right to left of, and with its face turned towards, the observer, holding erec its raised right forepaw a scimitar, with, appearing above the lion's back, the upper half of the shooting forth rays, or the designation "Red Lion and Sun";

(d) the sign of an equilateral blue triangle on and completely surrounded by an ora ground, being the international distinctive sign of civil defence;

(e) any of the distinctive signals specified in Chapter III of Annex 1 of the First Proto being the signals of identification for medical units and transports;

(2) Subject to this section, no person shall, without the authority in writing of the Minister responsi for health, use for any purpose whatsoever-

(a) any design consisting of a white or silver cross with vertical and horizontal arms of same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Sw Confederation, or any other design so nearly resembling that design as to be capable of being mista for that heraldic emblem;

(b) any design or wording so nearly resembling any of the emblems or designati specified in subsection (1) as to be capable of being mistaken for or, as the case may be, understood referring to one of those emblems.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a f not exceeding level four.

[amended by Act 22 of 2001, with effect from the 10th September, 2002]

(4) A court convicting any person of an offence in terms of subsection (1) or (2) may order forfeiture of any goods or other article upon or in connection with which the emblem, designation, si signal, design or wording was used.

(5) In the case of a trade mark registered before the 1st February, 1984, this section shall not apply reason only of the trade mark consisting of or containing a design or wording which reproduces resembles an emblem or designation specified in paragraph (b) or (c) of subsection (1), and wher person is charged with using such a design or wording for any purpose and it is proved that he use otherwise than as, or as part of, a trade mark registered before the 1st February, 1984, it shall b defence for him to prove-

(a) that he lawfully used that design or wording for that purpose before the 1st Februa 1984; or

(b) if he is charged with using the design or wording upon any goods, that the design wording has been applied to the goods before he acquired them by some other person who manufactured or dealt with the goods in the course of trade and who lawfully used the design or word upon similar goods before the 1st February, 1984.

(5a) In the case of a trade mark registered before the date of commencement of the Geneva Conventi Amendment Act, 1997, this section shall not apply by reason only of the trade mark consisting of containing a design which reproduces or resembles the sign specified in paragraph (d) of subsection and where a person is charged with using such a design for any purpose and it is proved that he use otherwise than as, or as part of a trade mark registered before that date, it shall be a defence for him prove-

(a) that he lawfully used that design for that purpose before that date; or

(b) if he is charged with using the design upon any goods or article, that the design w applied to the goods or article before he acquired them or it, as the case may be, by some other per who had manufactured or dealt with the goods or article in the course of trade and who lawfully used design upon similar goods or articles before that date.

(6) The provisions of subsection (6) of section three shall apply, mutatis mutandis, in relation proceedings for an offence under this section.

FIRST SCHEDULE (Section 3)

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUND

AND SICK IN ARMED FORCES IN THE FIELD OF AUGUST 12, 1949

[The sidenotes and Arrangement of Articles below form no part of the Convention and have b inserted for ease of reference only.]

ARRANGEMENT OF ARTICLES

Chapter I

General Provisions

ARTICLE 1. - Respect for the Convention

ARTICLE 2. - Application of the Convention

ARTICLE 3. - Conflicts not of an international character

ARTICLE 4. - Application by neutral Powers

ARTICLE 5. - Duration of application ARTICLE 6. - Special agreements

ARTICLE 7. - Non-renunciation of rights

ARTICLE 8. - Protecting Powers

ARTICLE 9. - Activities of the International Committee of the Red Cross

ARTICLE 10. - Substitutes for Protecting Powers

ARTICLE 11. - Conciliation procedure

Chapter II

Wounded and Sick

ARTICLE 12. - Protection and care

ARTICLE 13. - Protected persons

ARTICLE 14. - Status

ARTICLE 15. - Search for casualties. Evacuation

ARTICLE 16. - Recording and forwarding of information

ARTICLE 17. - Prescriptions regarding the dead. Graves Registration Service ARTICLE 18. - Role of the population

Chapter III

Medical Units and Establishments.

ARTICLE 19. - Protection

ARTICLE 20. - Protection of hospital ships

ARTICLE 21. - Discontinuance of protection of medical establishments and units

ARTICLE 22. - Conditions not depriving medical units and establishments of protection ARTICLE 23. - Hospital zones and localities

Chapter IV

Personnel

ARTICLE 24. - Protection of permanent personnel

ARTICLE 25. - Protection of auxiliary personnel ARTICLE 26. - Personnel of aid societies

ARTICLE 27. - Societies of neutral countries ARTICLE 28. - Retained personnel

ARTICLE 29. - Status of auxiliary personnel

ARTICLE 30. - Return of medical and religious personnel

ARTICLE 31. - Selection of personnel for return

ARTICLE 32. - Return of personnel belonging to neutral countries

Chapter V

Buildings and Material

ARTICLE 33. - Buildings and stores

ARTICLE 34. - Property of aid societies

Chapter VI

Medical Transports

ARTICLE 35. - Protection

ARTICLE 36. - Medical aircraft

ARTICLE 37. - Flight over neutral countries. Landing of wounded

Chapter VII

The Distinctive Emblem

ARTICLE 38. - Emblem of the Convention

ARTICLE 39. - Use of the emblem

ARTICLE 40. - Identification of medical and religious personnel ARTICLE 41. - Identification of auxiliary personnel

ARTICLE 42. - Marking of medical units and establishments

ARTICLE 43. - Marking of units of neutral countries

ARTICLE 44. - Restrictions in the use of the emblem. Exceptions

Chapter VIII

Execution of the Convention

ARTICLE 45. - Detailed execution. Unforeseen cases ARTICLE 46. - Prohibition of reprisals

ARTICLE 47. - Dissemination of the Convention

ARTICLE 48. - Translations. Rules of application

Chapter IX

Repression of Abuses and Infractions

ARTICLE 49. - Penal sanctions:

I. General observations

ARTICLE 50. - II. Grave breaches

ARTICLE 51. - III. Responsibilities of the Contracting Parties

ARTICLE 52. - Enquiry procedure

ARTICLE 53. - Misuse of the emblem

ARTICLE 54. - Prevention of misuse

Final Provisions

ARTICLE 55. - Languages ARTICLE 56. - Signature

ARTICLE 57. - Ratification

ARTICLE 58. - Coming into force

ARTICLE 59. - Relation to previous Conventions

ARTICLE 60. - Accession

ARTICLE 61. - Notification of accessions

ARTICLE 62. - Immediate effect

ARTICLE 63. - Denunciation

ARTICLE 64. - Registration with the United Nations Annex I

Draft Agreement Relating to Hospital Zones and Localities

Annex II

Identity Card for members of Medical and Religious Personnel attached to the Armed Forces

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows:

CHAPTER I

GENERAL PROVISIONS ARTICLE 1

Respect for the Convention

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in circumstances.

ARTICLE 2

Application of the Convention

In addition to the provisions which shall be implemented in peacetime, the present Convention sh apply to all cases of declared war or of any other armed conflict which may arise between two or m 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 H 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 w are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3

Conflicts not of an international character

In the case of armed conflict not of an international character occurring in the territory of one of High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces w have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any ot cause, shall in all circumstances be treated humanely, without any adverse distinction founded on ra 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 place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatm 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 judgm pronounced by a regularly constituted court, affording all the judicial guarantees which are recogni 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 services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreeme 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 conflic

ARTICLE 4

Application by neutral Powers

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to conflict, received or interned in their territory, as well as to dead persons found.

ARTICLE 5

Duration of application

For the protected persons who have fallen into the hands of the enemy, the present Convention sh apply until their final repatriation.

ARTICLE 6

Special agreements

In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, High Contracting Parties may conclude other special agreements for all matters concerning which t may deem it suitable to make separate provision. No special agreement shall adversely affect situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined the present Convention, nor restrict the rights which it confers upon them.

Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit such agreements as long as the Convention is applicable to them, except where express provisions to contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measu have been taken with regard to them by one or other of the Parties to the conflict.

ARTICLE 7

Non-renunciation of rights

Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstan renounce in part or in entirety the rights secured to them by the present Convention, and by the spe agreements referred to in the foregoing Article, if such there be.

ARTICLE 8

Protecting Powers

The present Convention shall be applied with the co-operation and under the scrutiny of the Protect Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amon their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to 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 representative delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their miss under the present Convention. They shall, in particular, take account of the imperative necessities security of the State wherein they carry out their duties. Their activities shall only be restricted as exceptional and temporary measure when this is rendered necessary by imperative military necessities ARTICLE 9

Activities of the International Committee of the Red Cross

The provisions of the present Convention constitute no obstacle to the humanitarian activities which International Committee of the Red Cross or any other impartial humanitarian organization may, sub to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and s medical personnel and chaplains, and for their relief.

ARTICLE 10

Substitutes for Protecting Powers

The High Contracting Parties may at any time agree to entrust to an organization which offers guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of present Convention.

When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, matter for what reason, by the activities of a Protecting Power or of an organization provided for in first paragraph above, the Detaining Power shall request a neutral State, or such an organization undertake the functions performed under the present Convention by a Protecting Power designated the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, sub to the provisions of this Article, the offer of the services of a humanitarian organization, such as International Committee of the Red Cross, to assume the humanitarian functions performed Protecting Powers under the present Convention.

Any neutral Power, or any organization invited by the Power concerned or offering itself for th purposes, shall be required to act with a sense of responsibility towards the Party to the conflict which persons protected by the present Convention depend, and shall be required to furnish suffici assurances that it is in a position to undertake the appropriate functions and to discharge th impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies reason of military events, more particularly where the whole, or a substantial part, of the territory of said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power, such mention also app to substitute organizations in the sense of the present Article.

ARTICLE 11

Conciliation procedure

In cases where they deem it advisable in the interest of protected persons, particularly in cases disagreement between the Parties to the conflict as to the application or interpretation of the provisi of the present Convention, the Protecting Powers shall lend their good offices with a view to settling disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its o initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of authorities responsible for the wounded and sick, members of medical personnel and chaplains, possi on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for appro by the Parties to the conflict a person belonging to a neutral Power or delegated by the Internatio Committee of the Red Cross, who shall be invited to take part in such a meeting.

CHAPTER II

WOUNDED AND SICK

ARTICLE 12

Protection and care

Members of the armed forces and other persons mentioned in the following Article, who are wounded sick, shall be respected and protected in all circumstances.

They shall be treated humanely and cared for by the Party to the conflict in whose power they may without any adverse distinction founded on sex, race, nationality, religion, political opinions, or other similar criteria. Any attempts upon their lives, or violence to their persons, shall be stric prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biolog experiments; they shall not wilfully be left without medical assistance and care, nor shall conditi exposing them to contagion or infection be created.

Only urgent medical reasons will authorise priority in the order of treatment to be administered.

Women shall be treated with all consideration due to their sex.

The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far military considerations permit, leave with them a part of its medical personnel and material to assis their care.

ARTICLE 13

Protected persons

The present Convention shall apply to the wounded and sick belonging to the following categories:

(1) Members of the armed forces of a Party to the conflict as well as members of militias volunteer corps forming part of such armed forces;

(2) Members of other militias and members of other volunteer corps, including those organised resistance movements, belonging to a Party to the conflict and operating in or outside th own territory, even if this territory is occupied, provided that such militias or volunteer corps, includ such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war; (3) Members of regular armed forces who profess allegiance to a Government or authority not recognized by the Detaining Power;

(4) Persons who accompany the armed forces without actually being members thereof, s as civil members of military aircraft crews, war correspondents, supply contractors, members of lab units or of services responsible for the welfare of the armed forces, provided that they have recei authorization from the armed forces which they accompany;

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatm under any other provisions in international law;

(6) Inhabitants of a non-occupied territory who on the approach of the enemy spontaneou take up arms to resist the invading forces, without having had time to form themselves into regu armed units, provided they carry arms openly and respect the laws and customs of war.

ARTICLE 14

Status

Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy ha shall be prisoners of war, and the provisions of international law concerning prisoners of war shall ap to them.

ARTICLE 15

Search for casualties. Evacuation

At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take possible measures to search for and collect the wounded and sick, to protect them against pillage and treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or lo arrangements made, to permit the removal, exchange and transport of the wounded left on battlefield.

Likewise, local arrangements may be concluded between Parties to the conflict for the removal exchange of wounded and sick from a besieged or encircled area, and for the passage of medical religious personnel and equipment on their way to that area.

ARTICLE 16

Recording and forwarding of information

Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead per of the adverse Party falling into their hands, any particulars which may assist in his identification.

These records should if possible include:

(a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

( f ) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of death.

As soon as possible the above mentioned information shall be forwarded to the Information Bur described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War August 12, 1949, which shall transmit this information to the Power on which these persons dep through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates death or duly authenticated lists of the dead. They shall likewise collect and forward through the sa bureau one half of a double identity disc, last wills or other documents of importance to the next of k money and in general all articles of an intrinsic or sentimental value, which are found on the dead. Th articles, together with unidentified articles, shall be sent in sealed packets, accompanied by stateme giving all particulars necessary for the identification of the deceased owners, as well as by a comp list of the contents of the parcel.

ARTICLE 17

Prescriptions regarding the dead. Graves Registration Service

Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as fa circumstances permit, is preceded by a careful examination, if possible by a medical examination, of bodies, with a view to confirming death, establishing identity and enabling a report to be made. One h of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body. Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall stated in detail in the death certificate or on the authenticated list of the dead.

They shall further ensure that the dead are honourably interred, if possible according to the rites of religion to which they belonged, that their graves are respected, grouped if possible according to nationality of the deceased, properly maintained and marked so that they may always be found. For purpose, they shall organise at the commencement of hostilities an Official Graves Registration Serv to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of graves, and the possible transportation to the home country. These provisions shall likewise apply to ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accorda with the wishes of the home country.

As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchan through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the ex location and markings of the graves together with particulars of the dead interred therein.

ARTICLE 18

Role of the population

The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care under their direction, the wounded and sick, granting persons who have responded to this appeal necessary protection and facilities. Should the adverse Party take or retake control of the area, he sh likewise grant these persons the same protection and the same facilities.

The military authorities shall permit the inhabitants and relief societies, even in invaded or occup areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civil population shall respect these wounded and sick, and in particular abstain from offering them violence No one may ever be molested or convicted for having nursed the wounded or sick.

The provisions of the present Article do not relieve the occupying Power of its obligation to give b physical and moral care to the wounded and sick.

CHAPTER III

MEDICAL UNITS AND ESTABLISHMENTS

ARTICLE 19

Protection

Fixed establishments and mobile medical units of the Medical Service may in no circumstances attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as capturing Power has not itself ensured the necessary care of the wounded and sick found in s establishments and units.

The responsible authorities shall ensure that the said establishments and units are, as far as possib situated in such a manner that attacks against military objectives cannot imperil their safety.

ARTICLE 20

Protection of hospital ships

Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of Conditions of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 19 shall not be attacked from land.

ARTICLE 21

Discontinuance of protection of medical establishments and units

The protection to which fixed establishments and mobile medical units of the Medical Service entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmfu the enemy. Protection may, however, cease only after a due warning has been given, naming, in appropriate cases, a reasonable time limit and after such warning has remained unheeded.

ARTICLE 22

Conditions not depriving medical units and establishments of protection

The following conditions shall not be considered as depriving a medical unit or establishment of protection guaranteed by Article 19:

(1) That the personnel of the unit or establishment are armed, and that they use the arm their own defence, or in that of the wounded and sick in their charge;

(2) That in the absence of armed orderlies, the unit or establishment is protected by a pic or by sentries or by an escort;

(3) That small arms and ammunition taken from the wounded and sick and not yet handed the proper service, are found in the unit or establishment;

(4) That personnel and material of the veterinary service are found in the unit establishment, without forming an integral part thereof;

(5) That the humanitarian activities of medical units and establishments or of their person extend to the care of civilian wounded or sick.

ARTICLE 23

Hospital zones and localities

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties to conflict, may establish in their own territory and, if the need arises, in occupied areas, hospital zones localities so organised as to protect the wounded and sick from the effects of war, as well as personnel entrusted with the organization and administration of these zones and localities and with care of the persons therein assembled.

Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreeme on mutual recognition of the hospital zones and localities they have created. They may for this purp implement the provisions of the Draft Agreement annexed to the present Convention, with s amendments as they may consider necessary.

The Protecting Powers and the International Committee of the Red Cross are invited to lend their go offices in order to facilitate the institution and recognition of these hospital zones and localities.

CHAPTER IV PERSONNEL

ARTICLE 24

Protection of permanent personnel

Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration medical units and establishments, as well as chaplains attached to the armed forces, shall be respec and protected in all circumstances.

ARTICLE 25

Protection of auxiliary personnel

Members of the armed forces specially trained for employment, should the need arise, as hosp orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatm of the wounded and sick shall likewise be respected and protected if they are carrying out these dutie the time when they come into contact with the enemy or fall into his hands.

ARTICLE 26

Personnel of aid societies

The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognised authorised by their Governments, who may be employed on the same duties as the personnel named Article 24, are placed on the same footing as the personnel named in the said Article, provided that staff of such societies are subject to military laws and regulations.

Each High Contracting Party shall notify to the other, either in time of peace or at the commencem of, or during hostilities, but in any case before actually employing them, the names of the socie which it has authorized, under its responsibility, to render assistance to the regular medical service of armed forces.

ARTICLE 27

Societies of neutral countries

A recognized Society of a neutral country can only lend the assistance of its medical personnel and u to a Party to the conflict with the previous consent of its own Government and the authorization of Party to the conflict concerned. That personnel and those units shall be placed under the control of t Party to the conflict.

The neutral Government shall notify this consent to the adversary of the State which accepts s assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Pa thereof before making any use of it.

In no circumstances shall this assistance be considered as interference in the conflict.

The members of the personnel named in the first paragraph shall be duly furnished with the iden cards provided for in Article 40 before leaving the neutral country to which they belong.

ARTICLE 28

Retained personnel

Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retai only in so far as the state of health, the spiritual needs and the number of prisoners of war require. Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 1949. Within the framework of the military laws and regulations of the Detaining Power, and under authority of its competent service, they shall continue to carry out, in accordance with their professio ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the arm forces to which they themselves belong. They shall further enjoy the following facilities for carrying their medical or spiritual duties:

(a) They shall be authorized to visit periodically the prisoners of war in labour units hospitals outside the camp. The Detaining Power shall put at their disposal the means of transp required.

(b) In each camp the senior medical officer of the highest rank shall be responsible to military authorities of the camp for the professional activity of the retained medical personnel. For purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding corresponding seniority of the ranks of their medical personnel, including those of the socie designated in Article 26. In all questions arising out of their duties, this medical officer, and chaplains, shall have direct access to the military and medical authorities of the camp who shall gr them the facilities they may require for correspondence relating to these questions.

(c) Although retained personnel in a camp shall be subject to its internal discipline, t shall not, however, be required to perform any work outside their medical or religious duties. During hostilities the Parties to the conflict shall make arrangements for relieving where possi retained personnel, and shall settle the procedure of such relief.

None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upo with regard to the medical and spiritual welfare of the prisoners of war.

ARTICLE 29

Status of auxiliary personnel

Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shal prisoners of war, but shall be employed on their medical duties in so far as the need arises.

ARTICLE 30

Return of medical and religious personnel

Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be retur to the Party to the conflict to whom they belong, as soon as a road is open for their return and milit requirements permit.

Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least ben by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of Aug 12, 1949. They shall continue to fulfil their duties under the orders of the adverse Party and sh preferably be engaged in the care of the wounded and sick of the Party to the conflict to which t themselves belong.

On their departure, they shall take with them the effects, personal belongings, valuables and instrume belonging to them.

ARTICLE 31

Selection of personnel for return

The selection of personnel for return under Article 30 shall be made irrespective of any consideration race, religion or political opinion, but preferably according to the chronological order of their capt and their state of health.

As from the outbreak of hostilities, Parties to the conflict may determine by special agreement percentage of personnel to be retained, in proportion to the number of prisoners and the distribution the said personnel in the camps.

ARTICLE 32

Return of personnel belonging to neutral countries

Persons designated in Article 27 who have fallen into the hands of the adverse Party may not detained.

Unless otherwise agreed, they shall have permission to return to their country, or if this is not possib to the territory of the Party to the conflict in whose service they were, as soon as a route for their ret is open and military considerations permit.

Pending their release, they shall continue their work under the direction of the adverse Party; t shallpreferably be engaged in the care of the wounded and sick of the Party to the conflict in wh service they were.

On their departure, they shall take with them their effects, personal articles and valuables and instruments, arms and if possible the means of transport belonging to them.

The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodgi allowances and pay as are granted to the corresponding personnel of their armed forces. The food sh in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a norm state of health.

CHAPTER V

BUILDINGS AND MATERIAL

ARTICLE 33

Buildings and stores

The material of mobile medical units of the armed forces which fall into the hands of the enemy, shal reserved for the care of wounded and sick.

The buildings, materials and stores of fixed medical establishments of the armed forces shall rem subject to the laws of war, but may not be diverted from that purpose as long as they are required for care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them case of urgent military necessity, provided that they make previous arrangements for the welfare of wounded and sick who are nursed in them.

The material and stores defined in the present Article shall not be intentionally destroyed.

ARTICLE 34

Property of aid societies

The real and personal property of aid societies which are admitted to the privileges of the Convent shall be regarded as private property.

The right of requisition recognised for belligerents by the laws and customs of war shall not be exerci except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensure

CHAPTER VI

MEDICAL TRANSPORTS

ARTICLE 35

Protection

Transports of wounded and sick or of medical equipment shall be respected and protected in the sa way as mobile medical units.

Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure care of the wounded and sick they contain.

The civilian personnel and all means of transport obtained by requisition shall be subject to the gene rules of international law.

ARTICLE 36

Medical aircraft

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by belligerents, while flying at heights, times and on routes specifically agreed upon between belligerents concerned.

They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with th national colours, on their lower, upper and lateral surfaces. They shall be provided with any ot markings or means of identification that may be agreed upon between the belligerents upon the outbr or during the course of hostilities.

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the airc with its occupants may continue its flight after examination, if any.

In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be trea according to Article 24 and the Articles following.

ARTICLE 37

Flight over neutral countries. Landing of wounded

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly o the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall g the neutral Powers previous notice of their passage over the said territory and obey all summons alight, on land or water. They will be immune from attack only when flying on routes, at heights and times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of med aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Partie the conflict.

Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and s who are disembarked, with the consent of the local authorities, on neutral territory by medical aircr shall be detained by the neutral Power, where so required by international law, in such a manner t they cannot again take part in operations of war. The cost of their accommodation and internment sh be borne by the Power on which they depend.

CHAPTER VII

THE DISTINCTIVE EMBLEM ARTICLE 38

Emblem of the Convention

As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service armed forces.

Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the crescent or the red lion and sun on a white ground, those emblems are also recognised by the terms the present Convention.

ARTICLE 39

Use of the emblem

Under the direction of the competent military authority, the emblem shall be displayed on the fla armlets and on all equipment employed in the Medical Service.

ARTICLE 40

Identification of medical and religious personnel

The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. Such personnel, in addition to the identity disc mentioned in Article 16, shall also carry a special iden card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can carried in the pocket. It shall be worded in the national language, shall mention at least the surname first names, the date of birth, the rank and the service number of the bearer, and shall state in w capacity he is entitled to the protection of the present Convention. The card shall bear the photograph the owner and also either his signature or his fingerprints or both. It shall be embossed with the stamp the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a sim type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided the model which is annexed, by way of example, to the present Convention. They shall inform e other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the ri to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have insignia replaced.

ARTICLE 41

Identification of auxiliary personnel

The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a wh armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped the military authority.

Military identity documents to be carried by this type of personnel shall specify what special train they have received, the temporary character of the duties they are engaged upon, and their authority wearing the armlet.

ARTICLE 42

Marking of medical units and establishments

The distinctive flag of the Convention shall be hoisted only over such medical units and establishme as are entitled to be respected under the Convention, and only with the consent of the milit authorities.

In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party the conflict to which the unit or establishment belongs.

Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag ot than that of the Convention.

Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to m the distinctive emblems indicating medical units and establishments clearly visible to the enemy la air or naval forces, in order to obviate the possibility of any hostile action.

ARTICLE 43

Marking of units of neutral countries

The medical units belonging to neutral countries which may have been authorized to lend their servi to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of Convention, the national flag of that belligerent, wherever the latter makes use of the faculty confer on him by Article 42.

Subject to orders to the contrary by the responsible military authorities, they may on all occasions, their national flag, even if they fall into the hands of the adverse Party.

ARTICLE 44

Restrictions in the use of the emblem. Exceptions

With the exception of the cases mentioned in the following paragraphs of the present Article, emblem of the Red Cross on a white ground and the words "Red Cross", or "Geneva Cross" may not employed, either in time of peace or in time of war, except to indicate or to protect the medical units establishments, the personnel and material protected by the present Convention and other Conventi dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, seco paragraph, in respect of the countries which use them. The National Red Cross Societies and ot Societies designated in Article 26 shall have the right to use the distinctive emblem conferring protection of the Convention only within the framework of the present paragraph.

Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace accordance with their national legislation, make use of the name and emblem of the Red Cross for th other activities which are in conformity with the principles laid down by the International Red Cr Conferences. When those activities are carried out in time of war, the conditions for the use of emblem shall be such that it cannot be considered as conferring the protection of the Convention; emblem shall be comparatively small in size and may not be placed on armlets or on the roofs buildings.

The International Red Cross organizations and their duly authorized personnel shall be permitted make use, at all times, of the emblem of the Red Cross on a white ground.

As an exceptional measure, in conformity with national legislation and with the express permission one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of Convention may be employed in time of peace to identify vehicles used as ambulances and to mark position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded sick.

CHAPTER VIII

EXECUTION OF THE CONVENTION ARTICLE 45

Detailed execution. Unforeseen cases

Each Party to the conflict, acting through its commanders-in-chief, shall ensure the detailed execution the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of present Convention.

ARTICLE 46

Prohibition of reprisals

Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention prohibited.

ARTICLE 47

Dissemination of the Convention

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of present Convention as widely as possible in their respective countries, and, in particular, to include study thereof in their programmes of military and, if possible, civil instruction, so that the princip thereof may become known to the entire population, in particular to the armed fighting forces, medical personnel and the chaplains.

ARTICLE 48

Translations. Rules of application

The High Contracting Parties shall communicate to one another through the Swiss Federal Council a during hostilities, through the Protecting Powers, the official translations of the present Convention well as the laws and regulations which they may adopt to ensure the application thereof.

CHAPTER IX

REPRESSION OF ABUSES AND INFRACTIONS

ARTICLE 49

Penal Sanctions

I. General observations

The High Contracting Parties undertake to enact any legislation necessary to provide effective pe sanctions for persons committing, or ordering to be committed, any of the grave breaches of the pres Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to h committed, or to have ordered to be committed, such grave breaches, and shall bring such perso regardless of their nationality, before its own courts. It may also, if it prefers, and in the accordance w the provisions of its own legislation, hand such persons over for trial to another High Contracting Pa 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 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, wh shall not be less favourable than those provided by Article 105 and those following of the Gen Convention relative to the Treatment of Prisoners of War of August 12, 1949.

ARTICLE 50

II. Grave breaches

Grave breaches to which the preceding Article relates shall be those involving any of the following a if committed against persons or property protected by the Convention: wilful killing, torture or inhum treatment, including biological experiments, wilfully causing great suffering or serious injury to body health, and extensive destruction and appropriation of property, not justified by military necessity carried out unlawfully and wantonly.

ARTICLE 51

III. Responsibilities of the Contracting Parties

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of liability incurred by itself or by another High Contracting Party in respect of breaches referred to in preceding Article.

ARTICLE 52

Enquiry procedure

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided betw 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 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 repr it with the least possible delay.

ARTICLE 53

Misuse of the emblem

The use by individuals, societies, firms or companies either public or private, other than those entit thereto under the present Convention, of the emblem or the designation "Red Cross" or "Geneva Cro or any sign or designation constituting an imitation thereof, whatever the object of such use, irrespective of the date of its adoption, shall be prohibited at all times.

By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of confusion which may arise between the arms of Switzerland and the distinctive emblem of Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wound Swiss national sentiment, shall be prohibited at all times.

Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of July 1929, may grant to prior users of the emblems, designations, signs or marks designated in the f paragraph, a time limit not to exceed three years from the coming into force of the present Convention discontinue such use, provided that the said use shall not be such as would appear, in time of war confer the protection of the Convention.

The prohibition laid down in the first paragraph of the present Article shall also apply, without effect any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph Article 38.

ARTICLE 54

Prevention of misuse

The High Contracting Parties shall, if their legislation is not already adequate, take measures necess for the prevention and repression, at all times, of the abuses referred to under Article 53.

FINAL PROVISIONS

ARTICLE 55 Languages

The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translation of the Convention to be made in Russian and Spanish languages.

ARTICLE 56

Signature

The present Convention, which bears the date of this day, is open to signature until February 12, 19 in the name of the Powers represented at the Conference which opened at Geneva on April 21, 19 furthermore, by Powers not represented at that Conference but which are parties to the Gen Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field. ARTICLE 57

Ratification

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of record shall be transmitted by the Swiss Federal Council to all the Powers in whose name Convention has been signed, or whose accession has been notified.

ARTICLE 58

Coming into force

The present Convention shall come into force six months after not less than two instruments ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of instrument of ratification.

ARTICLE 59

Relation to previous. Conventions

The present Convention replaces the Conventions of August 22, 1864, July 6, 1906, and July 27, 19 in relations between the High Contracting Parties.

ARTICLE 60 Accession

From the date of its coming into force, it shall be open to any Power in whose name the pres Convention has not been signed to accede to this convention.

ARTICLE 61

Notification of accessions

Accessions shall be notified in writing to the Swiss Federal Notification Council, and shall take eff 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 Convention has been signed, or whose accession has been notified.

ARTICLE 62

Immediate effect

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupati The Swiss Federal Council shall communicate by the quickest method any ratifications or accessi received from the Parties to the conflict.

ARTICLE 63

Denunciation

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 Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Sw Federal Council. However, a denunciation of which notification has been made at a time when denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and u after operations connected with release and repatriation of the persons protected by the pres Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of law of nations, as they result from the usages established among civilized peoples, from the laws humanity and the dictates of the public conscience.

ARTICLE 64

Registration with the United Nations

The Swiss Federal Council shall register the present Convention with the Secretariat of the Uni Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of 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 sig the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English and French languages. The origi shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall trans certified copies thereof to each of the signatory and acceding States.

ANNEX I

DRAFT AGREEMENT RELATING TO HOSPITAL ZONES AND LOCALITIES

ARTICLE 1

Hospital zones shall be strictly reserved for the persons named in Article 23 of the Geneva Convent for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field August 12, 1949, and for the personnel entrusted with the organization and administration of these zo 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 the ARTICLE 2

No persons residing, in whatever capacity, in a hospital zone shall perform any work, either within without the zone, directly connected with military operations or the production of war material.

ARTICLE 3

The Power establishing a hospital zone shall take all necessary measures to prohibit access to all pers who have no right of residence or entry therein.

ARTICLE 4

Hospital zones shall fulfil the following conditions:

(a) They shall comprise only a small part of the territory governed by the Power which 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 administrative establishments.

(d) They shall not be situated in areas which, according to every probability, may beco important for the conduct of the war.

ARTICLE 5

Hospital zones shall be subject to the following obligations:

(a) The lines of communication and means of transport which they possess shall not be u 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 zones shall be marked by means of red crosses (red crescents, red lions and suns) on a wh background placed on the outer precincts and on the buildings. They may be similarly marked at ni by means of appropriate illumination.

ARTICLE 7

The Powers shall communicate to all the High Contracting Parties in peacetime or on the outbreak hostilities, a list of the hospital zones in the territories governed by them. They shall also give notice any new zones set up during hostilities.

As soon as the adverse Party has received the above-mentioned notification, the zone shall be regula constituted.

If, however, the adverse Party considers that the conditions of the present agreement have not b fulfilled, it may refuse to recognise the zone by giving immediate notice thereof to the Party responsi for the said zone, or may make its recognition of such zone dependent upon the institution of the con provided for in Article 8.

ARTICLE 8

Any Power having recognised one or several hospital zones instituted by the adverse Party shall entitled to demand control by one or more Special Commissions, for the purpose of ascertaining if zones fulfil the conditions and obligations stipulated in the present agreement.

For this purpose, the members of the Special Commissions shall at all times have free access to various zones and may even reside there permanently. They shall be given all facilities for their dutie inspection.

ARTICLE 9

Should the Special Commissions note any facts which they consider contrary to the stipulations of present agreement, they shall at once draw the attention of the Power governing the said zone to th facts, and shall fix a time limit of five days within which the matter should be rectified. They shall d notify the Power who has recognised the zone.

If, when the time limit has expired, the Power governing the zone has not complied with the warni the adverse Party may declare that it is no longer bound by the present agreement in respect of the s zone.

ARTICLE 10

Any Power setting up one or more hospital zones and localities, and adverse Parties to whom th existence has been notified, shall nominate or have nominated by neutral Powers, the persons who sh be members of the Special Commissions mentioned in Articles 8 and 9.

ARTICLE 11

In no circumstances may hospital zones be the object of attack. They shall be protected and respected all times by the Parties to the conflict.

ARTICLE 12

In the case of occupation of a territory, the hospital zones therein shall continue to be respected utilised as such.

Their purpose may, however, be modified by the Occupying Power, on condition that all measures taken to ensure the safety of the persons accommodated.

ARTICLE 13

The present agreement shall also apply to localities which the Powers may utilise for the same purpo as hospital zones.

ANNEX II

SECOND SCHEDULE (Section 3)

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDE SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949

[The sidenotes and the Arrangement of Articles below form no part of the Convention and have b inserted for ease of reference only.]

ARRANGEMENT OF ARTICLES

Chapter I

General Provisions

ARTICLE 1. - Respect for the Convention

ARTICLE 2. - Application of the Convention

ARTICLE 3. - Conflicts not of an international character

ARTICLE 4. - Field of application

ARTICLE 5. - Application by Neutral Powers ARTICLE 6. - Special agreements

ARTICLE 7. - Non-renunciation of rights

ARTICLE 8. - Protecting Powers

ARTICLE 9. - Activities of the International Committee of the Red Cross

ARTICLE 10. - Substitutes for Protecting Powers

ARTICLE 11. - Conciliation procedure

Chapter II

Wounded, Sick and Shipwrecked

ARTICLE 12. - Protection and care

ARTICLE 13. - Protected persons

ARTICLE 14. - Handing over to a belligerent

ARTICLE 15. - Wounded taken on board a neutral warship

ARTICLE 16. - Wounded falling into enemy hands

ARTICLE 17. - Wounded landed in a neutral port

ARTICLE 18. - Search for casualties after an engagement

ARTICLE 19. - Recording and forwarding of information

ARTICLE 20. - Prescriptions regarding the dead

ARTICLE 21. - Appeals to neutral vessels

Chapter III

Hospital Ships

ARTICLE 22. - Notification and protection of military hospital ships

ARTICLE 23. - Protection of medical establishments ashore

ARTICLE 24. - Hospital ships utilized by relief societies and private individuals of

I. Parties to the conflict

ARTICLE 25. - II. Neutral countries ARTICLE 26. - Tonnage

ARTICLE 27. - Coastal rescue craft

ARTICLE 28. - Protection of sick-bays

ARTICLE 29. - Hospital ships in occupied ports

ARTICLE 30. - Employment of hospital ships and small craft ARTICLE 31. - Right of control and search ARTICLE 32. - Stay in a neutral port

ARTICLE 33. - Converted merchant vessels

ARTICLE 34. - Discontinuance of protection

ARTICLE 35. - Conditions not depriving hospital ships of protection

Chapter IV

Personnel

ARTICLE 36. - Protection of the personnel of hospital ships

ARTICLE 37. - Medical and religious personnel of other ships

Chapter V

Medical Transports

ARTICLE 38. - Ships used for the conveyance of medical equipment

ARTICLE 39. - Medical aircraft

ARTICLE 40. - Flight over neutral countries. Landing of wounded

Chapter VI

The Distinctive Emblem

ARTICLE 41. - Use of the emblem

ARTICLE 42. - Identification of medical and religious personnel

ARTICLE 43. - Marking of hospital ships and small craft

ARTICLE 44. - Limitation in the use of markings

ARTICLE 45. - Prevention of misuse

Chapter VII

Execution of the Convention

ARTICLE 46. - Detailed execution. Unforeseen cases ARTICLE 47. - Prohibition of reprisals

ARTICLE 48. - Dissemination of the Convention

ARTICLE 49. - Translations. Rules of application

Chapter VIII

Repression of Abuses and Infractions

ARTICLE 50. - Penal sanctions:

I. General observations

ARTICLE 51 - II. Grave breaches

ARTICLE 52. - III. Responsibilities of the Contracting Parties

ARTICLE 53. - Enquiry procedure

Final Provisions

ARTICLE 54. - Languages ARTICLE 55. - Signature

ARTICLE 56. - Ratification

ARTICLE 57. - Coming into force

ARTICLE 58. - Relation to the 1907 Convention

ARTICLE 59. - Accession

ARTICLE 60. - Notification of accessions

ARTICLE 61. - Immediate effect

ARTICLE 62. - Denunciation

ARTICLE 63. - Registration with the United Nations

Annex

Identity Card for members of Medical and Religious Personnel attached to the Armed Forces at Sea

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention October 18, 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention 1906, have agreed as follows:

CHAPTER I

GENERAL PROVISIONS ARTICLE 1

Respect for the Convention

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in circumstances.

ARTICLE 2

Application of the Convention

In addition to the provisions which shall be implemented in peacetime, the present Convention sh apply to all cases of declared war or of any other armed conflict which may arise between two or m of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a H 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 w are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3

Conflicts not of an international character

In the case of armed conflict not of an international character occurring in the territory of one of High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces w have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any ot cause, shall in all circumstances be treated humanely, without any adverse distinction founded on ra 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 any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatm 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 judgm pronounced by a regularly constituted court, affording all the judicial guarantees which are recogni as indispensable by civilized peoples.

(2) The wounded, sick and shipwrecked shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreeme 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 conflic

ARTICLE 4

Field of application

In case of hostilities between land and naval forces of Parties to the conflict, the provisions of present Convention shall apply only to forces on board ship.

Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 1949.

ARTICLE 5

Application by neutral Powers

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, s and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of Parties to the conflict received or interned in their territory, as well as to dead persons found.

ARTICLE 6

Special agreements

In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, High Contracting Parties may conclude other special agreements for all matters concerning which t may deem it suitable to make separate provision. No special agreement shall adversely affect situation of wounded, sick and shipwrecked persons, of members of the medical personnel or chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded, sick, and shipwrecked persons, as well as medical personnel and chaplains, shall continue have the benefit of such agreements as long as the Convention is applicable to them, except wh express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or wh more favourable measures have been taken with regard to them by one or other of the Parties to conflict.

ARTICLE 7

Non-renunciation of rights

Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chapla may in no circumstances renounce in part or in entirety the rights secured to them by the pres Convention, and by the special agreements referred to in the foregoing Article, if such there be.

ARTICLE 8

Protecting Powers

The present Convention shall be applied with the co-operation and under the scrutiny of the Protect Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amon their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to 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 representative delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their miss under the present Convention. They shall, in particular, take account of the imperative necessities security of the State wherein they carry out their duties. Their activities shall only be restricted as exceptional and temporary measure when this is rendered necessary by imperative military necessities ARTICLE 9

Activities of the International Committee of the Red cross

The provisions of the present Convention constitute no obstacle to the humanitarian activities which International Committee of the Red Cross or any other impartial humanitarian organization may, sub to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick shipwrecked persons, medical personnel and chaplains, and for their relief.

ARTICLE 10

Substitutes for Protecting Powers

The High Contracting Parties may at any time agree to entrust to an organization which offers guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of present Convention.

When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provi for in the first paragraph above, the Detaining Power shall request a neutral State, or such organization, to undertake the functions performed under the present Convention by a Protecting Pow designated by the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, sub to the provisions of this Article, the offer of the services of a humanitarian organization, such as International Committee of the Red Cross, to assume the humanitarian functions performed Protecting Powers under the present Convention.

Any neutral Power, or any organization invited by the Power concerned or offering itself for th purposes, shall be required to act with a sense of responsibility towards the Party to the conflict which persons protected by the present Convention depend, and shall be required to furnish suffici assurances that it is in a position to undertake the appropriate functions and to discharge th impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies reason of military events, more particularly where the whole, or a substantial part, of the territory of said Power is occupied.

Whenever, in the present Convention, mention is made of a Protecting Power, such mention also app to substitute organizations in the sense of the present Article.

ARTICLE 11

Conciliation procedure

In cases where they deem it advisable in the interest of protected persons, particularly in cases disagreement between the Parties to the conflict as to the application or interpretation of the provisi of the present Convention, the Protecting Powers shall lend their good offices with a view to settling disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its o initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of authorities responsible for the wounded, sick and shipwrecked, medical personnel and chapla possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effec the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by International Committee of the Red Cross, who shall be invited to take part in such a meeting.

CHAPTER II

WOUNDED, SICK AND SHIPWRECKED

ARTICLE 12

Protection and care

Members of the armed forces and other persons mentioned in the following Article, who are at sea who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it be understood that the term "shipwreck" means shipwreck from any cause and includes forced landing sea by or from aircraft.

Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power t may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be stric prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biolog experiments; they shall not wilfully be left without medical assistance and care, nor shall conditi exposing them to contagion or infection be created.

Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex.

ARTICLE 13

Protected persons

The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to following categories:

(1) Members of the armed forces of a Party to the conflict, as well as members of militia volunteer corps forming part of such armed forces;

(2) Members of other militias and members of other volunteer corps, including those organised resistance movements, belonging to a Party to the conflict and operating in or outside th own territory, even if this territory is occupied, provided that such militias or volunteer corps, includ such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war; (3) Members of regular armed forces who profess allegiance to a Government or authority not recognised by the Detaining Power;

(4) Persons who accompany the armed forces without actually being members thereof, s as civil members of military aircraft crews, war correspondents, supply contractors, members of lab units or of services responsible for the welfare of the armed forces, provided that they have recei authorization from the armed forces which they accompany;

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine the crews of civil aircraft of the Parties to the conflict who do not benefit by more favourable treatm under any other provisions of international law;

(6) Inhabitants of a non-occupied territory who, on the approach of the enem spontaneously take up arms to resist the invading forces, without having had time to form themsel into regular armed units, provided they carry arms openly and respect the laws and customs of war.

ARTICLE 14

Handing over to a belligerent

All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrec on board military hospital ships, and hospital ships belonging to relief societies or to private individu as well as merchant vessels, yachts and other craft shall be surrendered, whatever their national provided that the wounded and sick are in a fit state to be moved and that the warship can prov adequate facilities for necessary medical treatment.

ARTICLE 15

Wounded taken on board a neutral warship

If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral milit aircraft, it shall be ensured; where so required by international law, that they can take no further par operations of war.

ARTICLE 16

Wounded falling into enemy hands

Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall i enemy hands shall be prisoners of war, and the provisions of international law shall apply to them. T captor may decide, according to circumstances, whether it is expedient to hold them, or to convey th to a port in the captor's own country, to a neutral port or even to a port in enemy territory. In the case, prisoners of war thus returned to their home country may not serve for the duration of the war.

ARTICLE 17

Wounded landed in a neutral port

Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the lo authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers so guarded by the neutral Power, where so required by international law, that the said persons can again take part in operations of war.

The costs of hospital accommodation and internment shall be borne by the Power on whom wounded, sick or shipwrecked persons depend.

ARTICLE 18

Search for casualties after an engagement

After each engagement, Parties to the conflict shall without delay take all possible measures to sea for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment ensure their adequate care, and to search for the dead and prevent their being despoiled.

Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for removal of the wounded and sick by sea from a besieged or encircled area and for the passage medical and religious personnel and equipment on their way to that area.

ARTICLE 19

Recording and forwarding of information

The Parties to the conflict shall record as soon as possible in respect of each shipwrecked, wounded, s or dead person of the adverse party falling into their hands, any particulars which may assist in identification. These records should if possible include: (a) designation of the Power on which he depends;

(b) army, regimental, personal or serial number;

(c) surname;

(d) first name or names;

(e) date of birth;

( f ) any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h) particulars concerning wounds or illness, or cause of death.

As soon as possible the above mentioned information shall be forwarded to the information bur described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War August 12, 1949, which shall transmit this information to the Power on which these persons dep through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates death or duly authenticated lists of the dead. They shall likewise collect and forward through the sa bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills other documents of importance to the next of kin, money and in general all articles of an intrinsic sentimental value, which are found on the dead. These articles, together with unidentified articles, sh be sent in sealed packets, accompanied by statements giving all particulars necessary for identification of the deceased owners, as well as by a complete list of the contents of the parcel.

ARTICLE 20

Prescriptions regarding the dead

Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far circumstances permit, is preceded by a careful examination, if possible by a medical examination, of bodies, with a view to confirming death, establishing identity and enabling a report to be made. Wher double identity disc is used, one half of the disc should remain on the body.

If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall applicable.

ARTICLE 21

Appeals to neutral vessels

The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yac or other craft to take on board and care for wounded, sick or shipwrecked persons, and to collect dead.

Vessels of any kind responding to this appeal, and those having of their own accord collected wound sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance. They may, in no case, be captured on account of any such transport; but, in the absence of any prom to the contrary, they shall remain liable to capture for any violations of neutrality they may h committed. CHAPTER III

HOSPITAL SHIPS

ARTICLE 22

Notification and protection of military hospital ships

Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely wit view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may no circumstances be attacked or captured, but shall at all times be respected and protected, on condit that their names and descriptions have been notified to the Parties to the conflict ten days before th ships are employed.

The characteristics which must appear in the notification shall include registered gross tonnage, length from stem to stern and the number of masts and funnels.

ARTICLE 23

Protection of medical establishments ashore

Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be protec from bombardment or attack from the sea.

ARTICLE 24

Hospital ships utilized by relief societies and private individuals of I. Parties to the conflict

Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or private persons shall have the same protection as military hospital ships and shall be exempt fr capture, if the Party to the conflict on which they depend has given them an official commission and so far as the provisions of Article 22 concerning notification have been complied with.

These ships must be provided with certificates of the responsible authorities, stating that the vessels h been under their control while fitting out and on departure.

ARTICLE 25

II. Neutral countries

Hospital ships utilized by National Red Cross Societies, officially recognised relief societies, or priv persons of neutral countries shall have the same protection as military hospital ships and shall be exem from capture, on condition that they have placed themselves under the control of one of the Parties to conflict, with the previous consent of their own governments and with the authorization of the Party the conflict concerned, in so far as the provisions of Article 22 concerning notification have b complied with.

ARTICLE 26 Tonnage

The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and secur the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrec over long distances and on the high seas, only hospital ships of over 2,000 tons gross.

ARTICLE 27

Coastal rescue craft

Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the S or by the officially recognised lifeboat institutions for coastal rescue operations, shall also be respec and protected, so far as operational requirements permit.

The same shall apply so far as possible to fixed coastal installations used exclusively by these craft their humanitarian missions.

ARTICLE 28

Protection of sick-bays

Should fighting occur on board a warship, the sick-bays shall be respected and spared as far possib Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted fr their purpose so long as they are required for the wounded and sick. Nevertheless, the commander i whose power they have fallen may, after ensuring the proper care of the wounded and sick who accommodated therein, apply them to other purposes in case of urgent military necessity.

ARTICLE 29

Hospital ships in occupied ports

Any hospital ship in a port which falls into the hands of the enemy shall be authorised to leave the s port.

ARTICLE 30

Employment of hospital ships and small craft

The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wound sick and shipwrecked without distinction of nationality.

The High Contracting Parties undertake not to use these vessels for any military purpose.

Such vessels shall in no wise hamper the movements of the combatants. During and after an engagement, they will act at their own risk.

ARTICLE 31

Right of control and search

The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them take a cert course, control the use of their wireless and other means of communication, and even detain them fo period not exceeding seven days from the time of interception, if the gravity of the circumstances requires.

They may put a commissioner temporarily on board whose sole task shall be to see that orders given virtue of the provisions of the preceding paragraph are carried out.

As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language can understand, the orders they have given the captain of the vessel.

Parties to the conflict may, either unilaterally or by particular agreements, put on board their sh neutral observers who shall verify the strict observation of the provisions contained in the pres Convention.

ARTICLE 32

Stay in a neutral port

Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay i neutral port.

ARTICLE 33

Converted merchant vessels

Merchant vessels which have been transformed into hospital ships cannot be put to any other throughout the duration of hostilities.

ARTICLE 34

Discontinuance of protection

The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, ce only after due warning has been given, naming in all appropriate cases a reasonable time limit, and a such warning has remained unheeded.

In particular, hospital ships may not possess or use a secret code for their wireless or other means communication.

ARTICLE 35

Conditions not depriving hospital ships of protection

The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels the protection due to them:

(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their o defence or that of the sick and wounded.

(2) The presence on board of apparatus exclusively intended to facilitate navigation or communicatio (3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken fr the wounded, sick and shipwrecked and not yet handed to the proper service.

(4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the cre extend to the care of wounded, sick or shipwrecked civilians.

(5) The transport of equipment and of personnel intended exclusively for medical duties, over above the normal requirements.

CHAPTER IV PERSONNEL

ARTICLE 36

Protection of the personnel of hospital ships

The religious, medical and hospital personnel of hospital ships and their crews shall be respected protected; they may not be captured during the time they are in the service of the hospital ship, whet or not there are wounded and sick on board.

ARTICLE 37

Medical and religious personnel of other ships

The religious, medical and hospital personnel assigned to the medical or spiritual care of the pers designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected protected; they may continue to carry out their duties as long as this is necessary for the care of wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under wh authority they are, considers it practicable. They may take with them, on leaving the ship, their perso property.

If, however, it prove necessary to retain some of this personnel owing to the medical or spiritual ne of prisoners of war, everything possible shall be done for their earliest possible landing.

Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for

Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 1949.

CHAPTER V

MEDICAL TRANSPORTS

ARTICLE 38

Ships used for the conveyance of medical equipment

Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for treatment of wounded and sick members of armed forces or for the prevention of disease, provided t the particulars regarding their voyage have been notified to the adverse Power and approved by latter. The adverse Power shall preserve the right to board the carrier ships, but not to capture them to seize the equipment carried.

By agreement amongst the Parties to the conflict, neutral observers may be placed on board such sh to verify the equipment carried. For this purpose, free access to the equipment shall be given.

ARTICLE 39

Medical aircraft

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded, sick shipwrecked, and for the transport of medical personnel and equipment, may not be the object of atta but shall be respected by the Parties to the conflict, while flying at heights, at times and on rou specifically agreed upon between the Parties to the conflict concerned.

They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with th national colours, on their lower, upper and lateral surfaces. They shall be provided with any ot marking or means of identification which may be agreed upon between the Parties to the conflict up the outbreak or during the course of hostilities.

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.

Medical aircraft shall obey every summons to alight on land or water. In the event of having thus alight, the aircraft with its occupants may continue its flight after examination, if any.

In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. T medical personnel shall be treated according to Articles 36 and 37.

ARTICLE 40

Flight over neutral countries. Landing of wounded

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly o the territory of neutral Powers, land thereon in case of necessity or use it as a port of call. They sh give neutral Powers prior notice of their passage over the said territory, and obey every summons alight, on land or water. They will be immune from attack only when flying on routes, at heights and times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of med aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Partie the conflict.

Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick shipwrecked who are disembarked with the consent of the local authorities on neutral territory medical aircraft shall be detained by the neutral Power, where so required by international law, in suc manner that they cannot again take part in operations of war. The cost of their accommodation internment shall be borne by the Power on which they depend.

CHAPTER VI

THE DISTINCTIVE EMBLEM

ARTICLE 41

Use of the emblem

Under the direction of the competent military authority, the emblem of the red cross on a white grou shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms the present Convention.

ARTICLE 42

Identification of medical and religious personnel

The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resist armlet bearing the distinctive emblem, issued and stamped by the military authority.

Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carr special identity card bearing the distinctive emblem. This card shall be water-resistant and of such s that it can be carried in the pocket. It shall be worded in the national language, shall mention at least surname and first names, the date of birth, the rank and the service number of the bearer, and shall s in what capacity he is entitled to the protection of the present Convention. The card shall bear photograph of the owner and also either his signature or his finger-prints or both. It shall be embos with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a sim type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided the model which is annexed, by way of example, to the present Convention. They shall inform e other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the ri to wear the armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have insignia replaced.

ARTICLE 43

Marking of hospital ships and small craft

The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows:

(a) All exterior surfaces shall be white.

(b) One or more dark red crosses, as large as possible, shall be painted and displayed on e side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility fr the sea and from the air.

All hospital ships shall make themselves known by hoisting their national flag and further, if t belong to a neutral state, the flag of the Party to the conflict whose directions they have accepted white flag with a red cross shall be flown at the mainmast as high as possible.

Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall painted white with dark red crosses prominently displayed and shall, in general, comply with identification system prescribed above for hospital ships.

The above-mentioned ships and craft, which may wish to ensure by night and in times of redu visibility the protection to which they are entitled, must, subject to the assent of the Party to the conf under whose power they are, take the necessary measures to render their painting and distinct emblems sufficiently apparent.

Hospital ships which, in accordance with Article 31 are provisionally detained by the enemy, must h down the flag of the Party to the conflict in whose service they are or whose direction they h accepted.

Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a b which is occupied, may be allowed, when away from their base, to continue to fly their own natio colours along with a flag carrying a red cross on a white ground, subject to prior notification to all Parties to the conflict concerned.

All the provisions in this Article relating to the red cross shall apply equally to the other emble mentioned in Article 41.

Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use most modern methods available to facilitate the identification of hospital ships.

ARTICLE 44

Limitation in the use of markings

The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, indicating or protecting the ships therein mentioned, except as may be provided in any ot international Convention or by agreement between all the Parties to the conflict concerned.

ARTICLE 45

Prevention of misuse

The High Contracting Parties shall, if their legislation is not already adequate, take the measu necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provi for under Article 43.

CHAPTER VII

EXECUTION OF THE CONVENTION ARTICLE 46

Detailed execution. Unforeseen cases

Each Party to the conflict, acting through its Commanders-in-Chief shall ensure the detailed execut of the preceding Articles and provide for unforeseen cases, in conformity with the general principles the present Convention.

ARTICLE 47

Prohibition of reprisals

Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or equipment protected by the Convention are prohibited.

ARTICLE 48

Dissemination of the Convention

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of present Convention as widely as possible in their respective countries, and, in particular, to include study thereof in their programmes of military and, if possible, civil instruction, so that the princip thereof may become known to the entire population, in particular to the armed fighting forces, medical personnel and the chaplains.

ARTICLE 49

Translations. Rules of application

The High Contracting Parties shall communicate to one another through the Swiss Federal Council a during hostilities, through the Protecting Powers, the official translations of the present Convention well as the laws and regulations which they may adopt to ensure the application thereof.

CHAPTER VIII

REPRESSION OF ABUSES AND INFRACTIONS ARTICLE 50

Penal sanctions.

I. General observations

The High Contracting Parties undertake to enact any legislation necessary to provide effective pe sanctions for persons committing, or ordering to be committed, any of the grave breaches of the pres Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to h committed, or to have ordered to be committed, such grave breaches, and shall bring such perso regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with provisions of its own legislation, hand such persons over for trial to another High Contracting Pa 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 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, wh shall not be less favourable than those provided by Article 105 and those following of the Gen Convention relative to the Treatment of Prisoners of War of August 12, 1949.

ARTICLE 51

II. Grave breaches

Grave breaches to which the preceding Article relates shall be those involving any of the following a if committed against persons or property protected by the Convention; wilful killing, torture or inhum treatment, including biological experiments, wilfully causing great suffering or serious injury to body health, and extensive destruction and appropriation of property, not justified by military necessity carried out unlawfully and wantonly.

ARTICLE 52

III. Responsibilities of the Contracting Parties

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of liability incurred by itself or by another High Contracting Party in respect of breaches referred to in preceding Article.

ARTICLE 53

Enquiry procedure

At the request of a party to the conflict, an enquiry shall be instituted, in a manner to be decided betw 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 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 repr it with the least possible delay.

FINAL PROVISIONS

ARTICLE 54 Languages

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 Russian and Spanish languages.

ARTICLE 55

Signature

The present Convention, which bears the date of this day, is open to signature until February 12, 19 in the name of the Powers represented at the Conference which opened at Geneva on April 12, 19 furthermore, by Powers not represented at that Conference, but which are Parties to the Xth Ha Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Gen Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Woun and Sick in Armies in the Field.

ARTICLE 56

Ratification

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of record shall be transmitted by the Swiss Federal Council to all the Powers in whose name Convention has been signed, or whose accession has been notified.

ARTICLE 57

Coming into force

The present Convention shall come into force six months after not less than two instruments ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of instruments of ratification.

ARTICLE 58

Relation to the 1907 Convention

The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the H Contracting Parties.

ARTICLE 59 Accession

From the date of its coming into force, it shall be open to any Power in whose name the pres Convention has not been signed, to accede to this Convention.

ARTICLE 60

Notification of accessions

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six mon after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name Convention has been signed, or whose accession has been notified.

ARTICLE 61

Immediate effect

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupati The Swiss Federal Council shall communicate by the quickest method any ratifications or accessi received from Parties to the conflict.

ARTICLE 62 Denunciation

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 Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Sw Federal Council. However, a denunciation of which notification has been made at a time when denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and u after operations connected with release and repatriation of the persons protected by the pres Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way imp obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of law of nations, as they result from the usages established among civilized peoples, from the laws humanity and the dictates of the public conscience.

ARTICLE 63

Registration with the United Nations

The Swiss Federal Council shall register the present Convention with the Secretariat of the Uni Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of 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 sig the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English and French languages. The origi shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall trans certified copies thereof to each of the signatory and acceding States.

ANNEX

THIRD SCHEDULE (Section 3)

GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR

AUGUST 12, 1949

[The sidenotes and Arrangement of Articles below form no part of the Convention and have b inserted for ease of reference only.]

ARRANGEMENT OF ARTICLES

Part I

General Provisions

ARTICLE 1. - Respect for the Convention

ARTICLE 2. - Application of the Convention

ARTICLE 3. - Conflicts not of an international character

ARTICLE 4. - Prisoners of war

ARTICLE 5. - Beginning and end of application

ARTICLE 6. - Special agreements

ARTICLE 7. - Non-renunciation of rights

ARTICLE 8. - Protecting Powers

ARTICLE 9. - Activities of the International Committee of the Red Cross

ARTICLE 10. - Substitutes for Protecting Powers

ARTICLE 11. - Conciliation procedure

Part II

General Protection of Prisoners of War

ARTICLE 12. - Responsibility for the treatment of prisoners

ARTICLE 13. - Humane treatment of prisoners

ARTICLE 14. - Respect for the person of prisoners

ARTICLE 15. - Maintenance of prisoners

ARTICLE 16. - Equality of treatment

Part III

Captivity

Section I. - Beginning of Captivity

ARTICLE 17. - Questioning of prisoners ARTICLE 18. - Property of prisoners

ARTICLE 19. - Evacuation of prisoners

ARTICLE 20. - Conditions of evacuation

Section II. - Internment of Prisoners of War

Chapter I. - General observations

ARTICLE 21. - Restriction of liberty of movement

ARTICLE 22. - Places and conditions of internment

ARTICLE 23. - Security of prisoners

ARTICLE 24. - Permanent transit camps

Chapter II. - Quarters, food and clothing of prisoners of war

ARTICLE 25. - Quarters ARTICLE 26. - Food

ARTICLE 27. - Clothing

ARTICLE 28. - Canteens

Chapter III. - Hygiene and medical attention

ARTICLE 29. - Hygiene

ARTICLE 30. - Medical attention

ARTICLE 31. - Medical inspectors

ARTICLE 32. - Prisoners engaged on medical duties

Chapter IV. - Medical personnel and chaplains retained to assist prisoners of war

ARTICLE 33. - Rights and privileges of retained personnel

Chapter V. - Religious, intellectual and physical activities

ARTICLE 34. - Religious duties

ARTICLE 35. - Retained chaplains

ARTICLE 36. - Prisoners who are ministers of religion

ARTICLE 37. - Prisoners without a minister of their religion

ARTICLE 38. - Recreation, study, sports and games

Chapter VI. - Discipline

ARTICLE 39. - Administration. Saluting

ARTICLE 40. - Badges and decorations

ARTICLE 41. - Posting of the Convention and of regulations and orders concerning prisoners

ARTICLE 42. - Use of weapons

Chapter VII. - Rank of prisoner of war

ARTICLE 43. - Notification of ranks

ARTICLE 44. - Treatment of officers

ARTICLE 45. - Treatment of other prisoners

Chapter VIII. - Transfer of prisoners of war after their arrival in camp

ARTICLE 46. - Conditions

ARTICLE 47. - Circumstances precluding transfer

ARTICLE 48. - Procedure for transfer

Section III. - Labour of Prisoners of War

ARTICLE 49. - General observations ARTICLE 50. - Authorized work

ARTICLE 51. - Working conditions

ARTICLE 52. - Dangerous or humiliating labour

ARTICLE 53. - Duration of labour

ARTICLE 54. - Working pay. Occupational accidents and disease

ARTICLE 55. - Medical supervision ARTICLE 56. - Labour detachments

ARTICLE 57. - Prisoners working for private employers

Section IV. - Financial Resources of Prisoners of War ARTICLE 58. - Ready money

ARTICLE 59. - Amounts in cash taken from prisoners

ARTICLE 60. - Advances of pay

ARTICLE 61. - Supplementary pay ARTICLE 62. - Working pay

ARTICLE 63. - Transfer of funds

ARTICLE 64. - Prisoners' accounts

ARTICLE 65. - Management of prisoners' accounts

ARTICLE 66. - Winding up of accounts

ARTICLE 67. - Adjustments between Parties to the conflict ARTICLE 68. - Claims for compensation

Section V. - Relations of Prisoners of War with the Exterior ARTICLE 69. - Notification of measures taken

ARTICLE 70. - Capture card

ARTICLE 71. - Correspondence

ARTICLE 72. - Relief shipments I. General principles

ARTICLE 73. - II. Collective relief

ARTICLE 74. - Exemption from postal and transport charges

ARTICLE 75. - Special means of transport

ARTICLE 76. - Censorship and examination

ARTICLE 77. - Preparation, execution and transmission of legal documents Section VI. - Relations between Prisoners of War and the Authorities

Chapter I. - Complaints of prisoners of war respecting the conditions of captivity

ARTICLE 78. - Complaints and requests

Chapter II - Prisoners of war representatives

ARTICLE 70. - Election ARTICLE 80. - Duties

ARTICLE 81. - Prerogatives

Chapter III. - Penal and disciplinary sanctions I. General provisions

ARTICLE 82. - Applicable legislation

ARTICLE 83. - Choice of disciplinary or judicial proceeding

ARTICLE 84. - Courts

ARTICLE 85. - Offences committed before capture

ARTICLE 86. - "Non bis in idem" ARTICLE 87. - Penalties

ARTICLE 88. - Execution of penalties II.Disciplinary sanctions

ARTICLE 89. - General observations:

I. Forms of punishment

ARTICLE 90. - II. Duration of punishments ARTICLE 91. - Escapes:

I. Successful escape

ARTICLE 92. - II. Unsuccessful escape ARTICLE 93. - III. Connected offences ARTICLE 94. - IV. Notification of recapture ARTICLE 95. - Procedure:

I. Confinement awaiting hearing

ARTICLE 96. - II. Competent authorities and right of defence ARTICLE 97. - Execution of punishment

I. Premises

ARTICLE 98. - II. Essential safeguards

III. Judicial proceedings

ARTICLE 99. - Essential rules:

I. General principles

ARTICLE 100. - II. Death penalty

ARTICLE 101. - III. Delay in execution of the death penalty ARTICLE 102. - Procedure:

I. Conditions for validity of sentence

ARTICLE 103. - II. Confinement awaiting trial (Deduction from sentence, treatment)

ARTICLE 104. - III. Notification of proceedings

ARTICLE 105. - IV. Rights and means of defence

ARTICLE 106. - V. Appeals

ARTICLE 107. - VI. Notification of findings and sentence

ARTICLE 108. - Execution of penalties. Penal regulations

Part IV

Termination of Captivity

Section I. -Direct repatriation and Accommodation in Neutral Countries

ARTICLE 109. - General observations

ARTICLE 110. - Cases of repatriation and accommodation

ARTICLE 111. - Internment in a neutral country

ARTICLE 112. - Mixed Medical commissions

ARTICLE 113. - Prisoners entitled to examination by Mixed Medical Commissions

ARTICLE 114. - Prisoners meeting with accidents

ARTICLE 115. - Prisoners serving a sentence ARTICLE 116. - Costs of repatriation

ARTICLE 117. - Activity after repatriation

Section II. - Release and Repatriation of Prisoners of War at the close Hostilities

ARTICLE 118. - Release repatriation ARTICLE 119. - Details of procedure

Section III. - Death of Prisoners of War

ARTICLE 120. - Wills, death certificates, burial, cremation

ARTICLE 121. - Prisoners killed or injured in special circumstances

Part V

Information Bureaux and Relief Societies for Prisoners of War

ARTICLE 122. - National Bureaux

ARTICLE 123. - Central Agency

ARTICLE 124. - Exemption from charges

ARTICLE 125. - Relief societies and other organizations

Part VI

Execution of the Convention

Section I. - General Provisions

ARTICLE 126. - Supervision

ARTICLE 127. - Dissemination of the Convention ARTICLE 128. - Translations. Rule of applications ARTICLE 129. - Penal sanctions:

I. General observations

ARTICLE 130. - II. Grave breaches

ARTICLE 131. - III. Responsibilities of the Contracting Parties

ARTICLE 132. - Enquiry procedure

Section II. - Final Provisions

ARTICLE 133. - Languages

ARTICLE 134. - Relation to the 1929 Convention

ARTICLE 135. - Relation to the Hague Convention

ARTICLE 136. - Signature

ARTICLE 137. - Ratification

ARTICLE 138. - Coming into force

ARTICLE 139. - Accession

ARTICLE 140. - Notification of accessions

ARTICLE 141. - Immediate effect

ARTICLE 142. - Denunciation

ARTICLE 143. - Registration with the United Nations

Annex I

Model agreement concerning Direct Repatriation and Accommodation in Neutral Countries of Woun and Sick Prisoners of War

I. - Principles for Direct Repatriation and Accommodation in Neutral Countries

A Direct Repatriation

B Accommodation in Neutral Countries

II. - General Observations

Annex II

Regulations concerning Mixed Medical Commissions

Annex III

Regulations concerning Collective Relief

Annex IV

A. Identity Card

B. Capture Card

C. Correspondence Card and Letter

D. Notification of Death

E. Repatriation Certificate Annex V

Model Regulations concerning Payments sent by Prisoners to their own country.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded Geneva on July 27,1949, relative to the Treatment of Prisoners of War, have agreed as follows:

PART I

GENERAL PROVISIONS ARTICLE 1

Respect for the Convention

The High Contracting Parties undertake to respect and to ensure respect for the present convention in circumstances.

ARTICLE 2

Application of the Convention

In addition to the provisions which shall be implemented in peace time, the present Convention sh apply to all cases of declared war or of any other armed conflict which may arise between two or m of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a H 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 w are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3

Conflicts not of an international character

In the case of armed conflict not of an international character occurring in the territory of one of High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, following provisions:

(1) Persons taking no part in the hostilities, including members of armed forces who h laid down their arms and those placed hors de combat by sickness, wounds, detention, or any ot cause, shall in all circumstances be treated humanely, without any adverse distinction founded on ra 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 place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatm and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentence and the carrying out of executions without previous judgm pronounced by a regularly constituted court affording all the judicial guarantees which are recognised 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 services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreeme 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 conflic

ARTICLE 4

Prisoners of war

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict as well as members of militias volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those organised resistance movements, belonging to a Party to the conflict and operating in or outside th own territory, even if this territory is occupied, provided that such militias or volunteer corps, includ such organised resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an autho not recognised by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, s as civilian members of military aircraft crews, war correspondents, supply contractors, members labour units or of services responsible for the welfare of the armed forces, provided that they h received authorization from the armed forces which they accompany, who shall provide them for t purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatm under any other provisions of international law

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneou take up arms to resist the invading forces, without having had time to form themselves into regu armed units, provided they carry arms openly and respect the laws and customs of war. B. The following shall likewise be treated as prisoners of war under the present Convention:

(1) Person belonging, or having belonged, to the armed forces of the occupied country, if occupying Power considers it necessary by reason of such allegiance to intern them, even though it originally liberated them while hostilities were going on outside the territory it occupies, in particu where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belo and which are engaged in combat, or where they fail to comply with a summons made to them wit view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, w have been received by neutral or non-belligerent Powers on their territory and whom these Powers required to intern under international law, without prejudice to any more favourable treatment wh these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 5892, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or n belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplom relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perfo towards them the functions of a Protecting Power as provided in the present Convention, with prejudice to the functions which these Parties normally exercise in conformity with diplomatic consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided fo Article 33 of the present Convention.

ARTICLE 5

Beginning and end of application

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into power of the enemy and until their final release and repatriation.

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen i the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons sh enjoy the protection of the present Convention until such time as their status has been determined b competent tribunal. ARTICLE 6

Special agreements

In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreeme for all matters concerning which they may deem it suitable to make separate provision. No spe agreement shall adversely affect the situation of prisoners of war, as defined by the present Conventi nor restrict the rights which it confers upon them.

Prisoners of war shall continue to have the benefit of such agreements as long as the Convention applicable to them, except where express provisions to the contrary are contained in the aforesaid o subsequent agreements, or where more favourable measures have been taken with regard to them by or other of the Parties to the conflict.

ARTICLE 7

Non-renunciation of rights

Prisoners of war may in no circumstance renounce in part or in entirety the rights secured to them by present Convention, and by the special agreements referred to in the foregoing Article, if such there b

ARTICLE 8

Protecting Powers

The present Convention shall be applied with the co-operation and under the scrutiny of the Protect Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amon their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to 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 representative delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their miss under the present Convention. They shall, in particular, take account of the imperative necessities security of the State wherein they carry out their duties.

ARTICLE 9

Activities of the International Committee of the Red Cross

The provisions of the present Convention constitute no obstacle to the humanitarian activities which International Committee of the Red Cross or any other impartial humanitarian organization may, sub to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of w and for their relief.

ARTICLE 10

Substitutes for protecting Powers

The High Contracting Parties may at any time agree to entrust to an organization which offers guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of present Convention.

When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities o Protecting Power or of an organization provided for in the first paragraph above, the Detaining Pow shall request a neutral State, or such an organization, to undertake the functions performed under 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, sub to the provisions of this Article, the offer of the services of a humanitarian organization, such as International Committee of the Red Cross, to assume the humanitarian functions performed Protecting Powers under the present Convention.

Any neutral Power or any organization invited by the Power concerned or offering itself for th purposes, shall be required to act with a sense of responsibility towards the Party to the conflict which persons protected by the present Convention depend, and shall be required to furnish suffici assurances that it is in a position to undertake the appropriate functions and to discharge th impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies reason of military events, more particularly where the whole, or a substantial part, of the territory of said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power, such mention applies substitute organizations in the sense of the present Article.

ARTICLE 11

Conciliation procedure

In cases where they deem it advisable in the interest of protected persons, particularly in cases disagreement between the Parties to the conflict as to the application or interpretation of the provisi of the present Convention, the Protecting Powers shall lend their good offices with a view to settling disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its o initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Partie the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protect Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging t neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited take part in such a meeting.

PART II

GENERAL PROTECTION OF PRISONERS OF WAR

ARTICLE 12

Responsibility for the treatment of prisoners

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units w have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Powe responsible for the treatment given them.

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to Convention and after the Detaining Power has satisfied itself of the willingness and ability of s transferee Power to apply the Convention. When prisoners of war are transferred under s circumstances, responsibility for the application of the Convention rests on the Power accepting th while they are in its custody.

Nevertheless if that Power fails to carry out the provisions of the Convention in any important resp the Power by whom the prisoners of war were transferred shall, upon being notified by the Protect Power, take effective measures to correct the situation or shall request the return of the prisoners of w Such requests must be complied with.

ARTICLE 13

Humane treatment of prisoners

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detain

Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibi and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war m be subjected to physical mutilation or to medical or scientific experiments of any kind which are justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in interest.

Likewise, prisoners of war must at all times be protected, particularly against acts of violence intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited.

ARTICLE 14

Respect for the person of prisoners

Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatmen favourable as that granted to men.

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. T Detaining Power may not restrict the exercise, either within or without its own territory, of the rig such capacity confers except in so far as the captivity requires.

ARTICLE 15

Maintenance of prisoners

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance for the medical attention required by their state of health.

ARTICLE 16

Taking into consideration the provisions of the present Convention relating to rank and sex, and sub to any privileged treatment which may be accorded to them by reason of their state of health, age professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, with any adverse distinction based on race, nationality, religious belief or political opinions, or any ot distinction founded on similar criteria.

PART III

CAPTIVITY

SECTION I

BEGINNING OF CAPTIVITY

ARTICLE 17

Questioning of prisoners

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first nam and rank regimental, personal or serial number, or information.

If he wilfully infringes this rule he may render himself liable to a restriction of the privileges accorded his rank or status.

Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to beco prisoners of war, with an identity card showing the owner's surname, first names, rank, arm regimental, personal or serial number or equivalent information, and date of birth. The identity c may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as w any other information the Party to the conflict may wish to add concerning persons belonging to armed forces. As far as possible the card shall measure 6.5 x 10 cm and shall be issued in duplicate. T identity card shall be shown by the prisoner of war upon demand, but may in no case to taken away fr him.

No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of wa secure from them information of any kind whatever. Prisoners of war who refuse to answer may not threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.

Prisoners of war who, owing to their physical or mental condition, are unable to state their identity sh be handed over to the medical service. The identity of such prisoners shall be established by all possi means, subject to the provisions of the preceding paragraph.

The questioning of prisoners of war shall be carried out in a language which they understand.

ARTICLE 18

Property of prisoners

All effects and articles of personal use, except arms, horses, military equipment and military docume shall remain the possession of prisoners of war, likewise their metal helmets and gas masks and l articles issued for personal protection. Effects and articles used for their clothing or feeding sh likewise remain in their possession, even if such effects and articles belong to their regulation milit equipment.

At no time should prisoners of war be without identity documents.

The Detaining Power shall supply such documents to prisoners of war who possess none.

Badges of rank and nationality, decorations and articles having above all a personal or sentimental va may not be taken from prisoners of war.

Sums of money carried by prisoners of war may not be taken away from them except by order of officer, and after the amount and particulars of the owner have been recorded in a special register and itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency the prisoners' request, shall be placed to the credit of the prisoners' account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of secur when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply Such objects, likewise the sums taken away in any currency other than that of the Detaining Power, the conversion of which has not been asked for by the owners, shall be kept in the custody of Detaining Power and shall be returned in their initial shape to prisoners of war at the end of th captivity.

ARTICLE 19

Evacuation of prisoners

Prisoners of war shall be evacuated as soon as possible after their capture, to camps situated in an a far enough from the combat zone for them to be out of danger.

Only those prisoners of war who, owing to wounds or sickness, would run greater risks by be evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fight zone.

ARTICLE 20

Conditions of evacuation

The evacuation of prisoners of war shall always be effected humanely and in conditions similar to th for the forces of the Detaining Power in their changes of station.

The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food potable water, and with the necessary clothing and medical attention. The Detaining Power shall take suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a of the prisoners of war who are evacuated.

If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shal as brief as possible.

SECTION II

INTERNMENT OF PRISONERS OF WAR

CHAPTER I

GENERAL OBSERVATIONS ARTICLE 21

Restriction of liberty of movement

The Detaining Power may subject prisoners of war to internment. It may impose on them the obligat of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced of not going outside its perimeter. Subject to the provisions of the present Convention relative to pe and disciplinary sanctions, prisoners of war may not be held in close confinement except wh necessary to safeguard their health and then only during the continuation of the circumstances wh make such confinement necessary.

Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by laws of the Power on which they depend. Such measures shall be taken particularly in cases where may contribute to the improvement of their state of health. No prisoner of war shall be compelled accept liberty on parole or promise.

Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws regulations allowing or forbidding its own national to accept liberty on parole or promise. Prisoners war who are paroled or who have given their promise in conformity with the laws and regulations notified are bound on their personal honour scrupulously to fulfil, both towards the Power on which t depend and the Power which has captured them, the engagements of their paroles or promises. In s cases, the Power on which they depend is bound neither to require nor to accept from them any serv incompatible with the parole or promise given.

ARTICLE 22

Places and conditions of internment

Prisoners of war may be interned only in premises located on land and affording every guarantee hygiene and healthfulness. Except in particular cases which are justified by the interest of the prison themselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall removed as soon as possible to a more favourable climate.

The Detaining Power shall assemble prisoners of war in camps or camp compounds according to th nationality, language and customs, provided that such prisoners shall not be separated from prisoners war belonging to the armed forces with which they were serving at the time of their capture, except w their consent.

ARTICLE 23

Security of prisoners

No prisoner of war may at any time be sent to, or detained in area where he may be exposed to the of the combat zone, nor may his presence be used to render certain points or areas immune from milit operations.

Prisoners of war shall have shelters against air bombardment and other hazards of war, to the sa extent as the local civilian population. With the exception of those engaged in the protection of th quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giv of the alarm. Any other protective measure taken in favour of the population shall also apply to them. Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Pow all useful information regarding the geographical location of prisoner of war camps.

Whenever military consideration permit, prisoner of war camps shall be indicated in the day-time by letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, howev agree upon any other system of marking. Only prisoner of war camps shall be marked as such.

ARTICLE 24

Permanent transit camps

Transit or screening camps of a permanent kind shall be fitted out under conditions similar to th described in the present Section, and the prisoners therein shall have the same treatment as in ot camps.

CHAPTER II

QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR

ARTICLE 25

Quarters

Prisoners of war shall be quartered under conditions as favourable as those for the forces of Detaining Power who are billeted in the same area. The said conditions shall make allowance for habits and customs of the prisoners and shall in no case be prejudicial to their health.

The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards b total surface and minimum cubic space, and the general installations, bedding and blankets.

The premises provided for the use of prisoners of war individually or collectively, shall be entir protected from dampness and adequately heated and lighted, in the particular between dusk and lig out. All precautions must be taken against the danger of fire.

In any camps in which women prisoners of war, as well as men, are accommodated, separate dormito shall be provided for them.

ARTICLE 26 Food

The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of w in good health and to prevent loss of weight or the development of nutritional deficiencies. Acco shall also be taken of the habitual diet of the prisoners.

The Detaining Power shall supply prisoners of war who work with such additional rations as necessary for the labour on which they are employed.

Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.

Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may employed for that purpose in the kitchens. Furthermore, they shall be given the means of prepari themselves, the additional food in their possession.

Adequate premises shall be provided for messing.

Collective disciplinary measures affecting food are prohibited.

ARTICLE 27

Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by Detaining Power, which shall make allowance for the climate of the region where the prisoners detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for climate, be made available to clothe prisoners of war.

The regular replacement and repair of the above the articles shall be assured by the Detaining Power addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the w demands. ARTICLE 28 Canteens

Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices. The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall created for this purpose. The prisoners' representative shall have the right to collaborate in management of the canteen and of this fund.

When a camp is closed down, the credit balance of the special fund shall be handed to an internatio welfare organization, to be employed for the benefit of prisoners of war of the same nationality as th who have contributed to the fund. In case of a general repatriation such profits shall be kept by Detaining Power, subject to any agreement to the contrary between the Powers concerned.

CHAPTER III

HYGIENE AND MEDICAL ATTENTION

ARTICLE 29 Hygiene

The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanlin and healthfulness of camps, and to prevent epidemics.

Prisoners of war shall have for their use, day and night, conveniences which conform to the rules hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoner war are accommodated, separate conveniences shall be provided for them.

Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war sh be provided with sufficient water and soap for their personal toilet and for washing their perso laundry; the necessary installations, facilities and time shall be granted them for that purpose.

ARTICLE 30

Medical attention

Every camp shall have an adequate infirmary where prisoners of war may have the attention t require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases contagious or mental disease.

Prisoners of war suffering from serious disease, or whose condition necessitates special treatmen surgical operation or hospital care, must be admitted to any military or civil medical unit where s treatment can be given, even if their repatriation is contemplated in the near future. Special facili shall be afforded for the care to be given to the disabled, in particular to the blind, and for th rehabilitation, pending repatriation.

Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which t depend and, if possible, of their nationality.

Prisoners of war may not be prevented from presenting themselves to the medical authorities examination. The detaining authorities shall, upon request, issue to every prisoner who has underg treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of W Agency.

The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne the Detaining Power.

ARTICLE 31

Medical inspections

Medical inspections of prisoners of war shall be made at least once a month. They shall include checking and recording of the weight of each prisoner of war. Their purpose shall be, in particular supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagi diseases especially tuberculosis, malaria and venereal disease. For this purpose the most effici methods available shall be employed, e.g. periodic mass miniature radiography for the early detection tuberculosis.

ARTICLE 32

Prisoners engaged on medical duties

Prisoners of war who, though not attached to the medical service of their armed forces, are physicia surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise th medical functions in the interests of prisoners of war dependent on the same Power. In that case t shall continue to be prisoners of war, but shall receive the same treatment as corresponding med personnel retained by the Detaining Power. They shall be exempted from any other work under Art 49.

CHAPTER IV

MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR

ARTICLE 33

Rights and privileges of retained personnel

Members of the medical personnel and chaplains while retained by the Detaining Power with a view assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive a minimum the benefits and protection of the present Convention, and shall also be granted all facili necessary to provide for the medical care of, and religious ministration to prisoners of war.

They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of w preferably those belonging to the armed forces upon which they depend, within the scope of the milit laws and regulations of the Detaining Power and under the control of its competent services, accordance with their professional etiquette. They shall also benefit by the following facilities in exercise of their medical or spiritual functions:

(a) They shall be authorized to visit periodically prisoners of war situated in work detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at th disposal the necessary means of transport.

(b) The senior medical officer in each camp shall be responsible to the camp milit authorities for everything connected with the activities of retained medical personnel. For this purpo Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ra of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convent for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of Aug 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with competent authorities of the camp on all questions relating to their duties. Such authorities shall aff them all necessary facilities for correspondence relating to these questions.

(c) Although they shall be subject to the internal discipline of the camp in which they retained, such personnel may not be compelled to carry out any work other than that concerned w their medical or religious duties.

During hostilities, the Parties to the conflict shall agree concerning the possible relief of retai personnel and shall settle the procedure to be followed.

None of the preceding provisions shall relieve the Detaining Power of its obligations with regard prisoners of war from the medical or spiritual point of view.

CHAPTER V

RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES

ARTICLE 34

Religious duties

Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, includ attendance at the service of their faith, on condition that they comply with the disciplinary rout prescribed by the military authorities.

Adequate premises shall be provided where religious services may be held.

ARTICLE 35

Retained chaplains

Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view assisting prisoners of war, shall be allowed to minister to them and to exercise freely their mini amongst prisoners of war of the same religion, in accordance with their religious conscience. They sh be allocated among the various camps and labour detachments containing prisoners of war belonging the same forces, speaking the same language or practising the same religion. They shall enjoy necessary facilities, including the means of transport provided for in Article 33, for visiting the prison of war outside their camp. They shall be free to correspond, subject to censorship, on matters concern their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be addition to the quota provided for in Article 71.

ARTICLE 36

Prisoners who are ministers of religion

Prisoners of war who are ministers of religion, without having officiated as chaplains to their own for shall be at liberty, whatever their denomination, to minister freely to the members of their commun For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Pow They shall not be obliged to do any other work.

ARTICLE 37

Prisoners without a minister of their religion

When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war ministe their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualif layman, if such a course is feasible from a confessional point of view, shall be appointed at the requ of the prisoners concerned to fill this office. This appointment, subject to the approval of the Detain Power, shall take place with the agreement of the community of prisoners concerned and, where necessary, with the approval of the local religious authorities of the same faith. The person t appointed shall comply with all regulations established by the Detaining Power in the interests discipline and military security.

ARTICLE 38

Recreation, study, sports and games

While respecting the individual preferences of every prisoner, the Detaining Power shall encourage practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, shall take the measures necessary to ensure the exercise thereof by providing them with adequ premises and necessary equipment.

Prisoners shall have opportunities for taking physical exercise including sports and games and for be out of doors. Sufficient open spaces shall be provided for this purpose in all camps.

CHAPTER VI DISCIPLINE

ARTICLE 39

Administration. Saluting

Every prisoner of war camp shall be put under the immediate authority of a responsible commissio officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in possession a copy of the present Convention; he shall ensure that its provisions are known to the ca staff and the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detain Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; t must, however, salute the camp commander regardless of his rank.

ARTICLE 40

Badges and decorations

The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.

ARTICLE 41

Posting of the Convention, and of regulations and orders concerning prisoners

In every camp the text of the present Convention and its Annexes and the contents of any spe agreement provided for in Article 6, shall be posted, in the prisoners' own language, at places where may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to copy which has been posted.

Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of w shall be issued to them in a language which they understand. Such regulations, orders and publicati shall be posted in the manner described above and copies shall be handed to the prisone representative. Every order and command addressed to prisoners of war individually must likewise given in a language which they understand.

ARTICLE 42

Use of weapons

The use of weapons against prisoners of war, especially against those who are escaping or attempting escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate the circumstances.

CHAPTER VII

RANK OF PRISONERS OF WAR

ARTICLE 43

Notification of ranks

Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the ti and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equa of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created sh form the subject of similar communication.

The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of w and which have been duly notified by the Power on which these prisoners depend.

ARTICLE 44

Treatment of officers

Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. In order to ensure service in officers' camps, other ranks of the same armed forces who, as far possible, speak the same language, shall be assigned in sufficient numbers, account being taken of rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform other work.

Supervision of the mess by the officers themselves shall be facilitated in every way.

ARTICLE 45

Treatment of other prisoners

Prisoners of war other than officers and prisoners of equivalent status shall be treated with the reg due to their rank and age.

Supervision of the mess by the prisoners themselves shall be facilitated in every way.

CHAPTER VIII

TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP

ARTICLE 46 Conditions

The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account interests of the prisoners themselves, more especially so as not to increase the difficulty of th repatriation.

The transfer of prisoners of war shall always be effected humanely and in conditions not less favoura than those under which the forces of the Detaining Power are transferred. Account shall always be ta of the climatic conditions to which the prisoners of war are accustomed and the conditions of tran shall in no case be prejudicial to their health.

The Detaining Power shall supply prisoners of war during transfer with sufficient food and drink water to keep them in good health, likewise with the necessary clothing, shelter and medical attenti The Detaining Power shall take adequate precautions especially in case of transport by sea or by air ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners bef their departure.

ARTICLE 47

Circumstances precluding transfer

Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endange by the journey, unless their safety imperatively demands it.

If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transfer unless their transfer can be carried out in adequate conditions of safety, or if they are exposed to grea risks by remaining on the spot than by being transferred.

ARTICLE 48

Procedure for transfer

In the event of transfer, prisoners of war shall be officially advised of their departure and of their n postal address. Such notifications shall be given in time for them to pack their luggage and inform th next of kin.

They shall be allowed to take with them their personal effects, and the correspondence and parc which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-f kilograms per head.

Mail and parcels addressed to their former camp shall be forwarded to them without delay. The ca commander shall take, in agreement with the prisoners' representative, any measures needed to ens the transport of the prisoners' community property and of the luggage they are unable to take with th in consequence of restrictions imposed by virtue of the second paragraph of this Article. The costs of transfers shall be borne by the Detaining Power.

SECTION III

LABOUR OF PRISONERS OF WAR

ARTICLE 49

General observations

The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking i account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them i good state of physical and mental health.

Non-commissioned officers who are prisoners of war shall only be required to do supervisory wo Those not so required may ask for other suitable work which shall, so far as possible, be found for the If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far possible, but they may in no circumstances be compelled to work.

ARTICLE 50

Authorized work

Besides work connected with camp administration, installation or maintenance, prisoners of war may compelled to do only such work as is included in the following classes:

(a) agriculture;

(b) industries connected with the production or the extraction of raw materials, manufacturing industries, with the exception of metallurgical. machinery and chemical industries; pub works and building operations which have no military character or purpose;

(c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts;

(e) domestic service;

( f ) public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right complaint, in conformity with Article 78.

ARTICLE 51

Working conditions

Prisoners of war must be granted suitable working conditions, especially as regards accommodati food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in wh prisoners are employed, the national legislation concerning the protection of labour, and, m particularly, the regulations for the safety of workers, are duly applied.

Prisoners of war shall receive training and be provided with the means of protection suitable to the w they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers Conditions of labour shall in no case be rendered more arduous by disciplinary measures.

ARTICLE 52

Dangerous or humiliating labour

Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy dangerous nature.

No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a mem of the Detaining Power's own forces.

The removal of mines or similar devices shall be considered as dangerous labour.

ARTICLE 53

Duration of labour

The duration of the daily labour of prisoners of war, including the time of the journey to and fro, sh not be excessive, and must in no case exceed that permitted for civilian workers in the district, who nationals of the Detaining Power and employed on the same work.

Prisoners of war must be allowed, in the middle of the day's work, a rest of not less than one hour. T rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every we preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who worked for one year shall be granted a rest of eight consecutive days, during which his working shall be paid him.

If methods of labour such as piece work are employed, the length of the working period shall not rendered excessive thereby.

ARTICLE 54

Working pay. Occupational accidents and diseases

The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article of the present Convention.

Prisoners of war who sustain accidents in connection with work, or who contract a disease in the cou or in consequence of their work, shall receive all the care their condition may require. The Detain Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to sub their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners War Agency provided for in Article 123.

ARTICLE 55

Medical supervision

The fitness of prisoners of war for work shall be periodically verified by medical examinations, at le once a month. The examinations shall have particular regard to the nature of the work which prisoner war are required to do.

If any prisoner of war considers himself incapable of working, he shall be permitted to appear before medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are their opinion, unfit for work, be exempted therefrom.

ARTICLE 56

Labour detachments

The organisation and administration of labour detachments shall be similar to those of prisoner of w camps.

Every labour detachment shall remain under the control of and administratively part of a prisoner of w camp. The military authorities and the commander of the said camp shall be responsible, under direction of their government, for the observance of the provisions of the present Convention in lab detachments.

The camp commander shall keep an up-to-date record of the labour detachments dependent on his cam and shall communicate it to the delegates of the Protecting Power, of the International Committee of Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.

ARTICLE 57

Prisoners working for private employers

The treatment of prisoners of war who work for private persons, even if the latter are responsible guarding and protecting them, shall not be inferior to that which is provided for by the pres Convention. The Detaining Power, the military authorities and the commander of the camp to wh such prisoners belong shall be entirely responsible for the maintenance, care, treatment and paymen the working pay of such prisoners of war.

Such prisoners of war shall have the right to remain in communication with the prisone representatives in the camps on which they depend.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

ARTICLE 58

Ready money

Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Pow the Detaining Power may determine the maximum amount of money in cash or in any similar form, t prisoners may have in their possession. Any amount in excess, which was properly in their possess and which has been taken or withheld from them, shall be placed to their account, together with monies deposited by them, and shall not be converted into any other currency without their consent. If prisoners of war are permitted to purchase services or commodities outside the camp against paym in cash, such payments shall be made by the prisoner himself or the camp administration who w charge them to the accounts of the prisoners concerned. The Detaining Power will establish necessary rules in this respect.

ARTICLE 59

Amounts in cash taken from prisoners

Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their captu and which is in the currency of the Detaining Power, shall be placed to their separate accounts accordance with the provisions of Article 64 of the present Section.

The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currenc that are taken from the prisoners of war at the same time, shall also be credited to their separ accounts.

ARTICLE 60

Advances of pay

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amounts of wh shall be fixed by conversion, into the currency of the said Power, of the following amounts:

Category I: Prisoners ranking below sergeants: eight Swiss francs.

Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twe Swiss francs.

Category III: Warrant officers and commissioned officers below the rank of major or prisoners equivalent rank: fifty Swiss francs.

Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss franc Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.

However, the Parties to the conflict concerned may by special agreement modify the amount advances of pay due to prisoners of the preceding categories.

Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared w the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass Detaining Power, then, pending the conclusion of a special agreement with the Power on which prisoners depend to vary the amounts indicated above, the Detaining Power:

(a) shall continue to credit the accounts of the prisoners with the amounts indicated in first paragraph above;

(b) may temporarily limit the amount made available from these advances of pay prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall ne be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power.

ARTICLE 61

Supplementary pay

The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums wh the Power on which the prisoners depend may forward to them, on condition that the sums to be p shall be the same for each prisoner of the same category, shall be payable to all prisoners of t category depending on that Power, and shall be placed in their separate accounts, at the earl opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not reli the Detaining Power of any obligation under this Convention.

ARTICLE 62 Working pay

Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate sh be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a working day. The Detaining Power shall inform prisoners of war, as well as the Power on which t depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it fixed.

Working pay shall likewise be paid by the Detaining authorities to prisoners of war permanently detai to duties or to a skilled or semi-skilled occupation in connection with the administration, installation maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties behalf of their comrades.

The working pay of the prisoners' representative, of his advisers, if any, and of his assistants, shall paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by prisoners' representative and approved by the camp commander. If there is no such fund, the detain authorities shall pay these prisoners a fair working rate of pay.

ARTICLE 63

Transfer of funds

Prisoners of war shall be permitted to receive remittances of money addressed to them individually collectively.

Every prisoner of war shall have at his disposal the credit balance of his account as provided for in following Article, within the limits fixed by the Detaining Power, which shall make such payments are requested. Subject to financial or monetary restrictions which the Detaining Power regards essential, prisoners of war may also have payments made abroad. In this case payments addressed prisoners of war to dependants shall be given priority.

In any event, and subject to the consent of the Power on which they depend, prisoners may h payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Pow through the Protecting Power, a notification giving all the necessary particulars concerning the prison of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in Detaining Power's currency. The said notification shall be signed by the prisoners and countersigned the camp commander. The Detaining Power shall debit the prisoners' account by a correspond amount; the sums thus debited shall be placed by it to the credit of the Power on which the prison depend.

To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulation Annex V of the present Convention.

ARTICLE 64

Prisoners' accounts

The Detaining Power shall hold an account for each prisoner of war, showing at least the following:

(1) The amounts due to the prisoner or received by him as advances of pay, as working or derived from any other source; the sums in the currency of the Detaining Power which were ta from him; the sums taken from him and converted at his request into the currency of the said Power; (2) The payments made to the prisoner in cash, or in any other similar form; the payme made on his behalf and at his request; the sums transferred under Article 63, third paragraph.

ARTICLE 65

Management of prisoners' accounts

Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or the prisoners' representative acting on his behalf.

Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copie their accounts, which may likewise be inspected by the representatives of the Protecting Powers at time of visits to the camp.

When prisoners of war are transferred from one camp to another, their personal accounts will foll them. In case of transfer from one Detaining Power to another, the monies which are their property are not in the currency of the Detaining Power will follow them. They shall be given certificates for other monies standing to the credit of their accounts.

The Parties to the conflict concerned may agree to notify to each other at specific intervals through Protecting Power, the amount of the accounts of the prisoners of war.

ARTICLE 66

Winding up of accounts

On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detain Power shall give him a statement, signed by an authorized officer of that Power, showing the cre balance then due to him. The Detaining Power shall also send through the Protecting Power to government upon which the prisoner of war depends, lists giving all appropriate particulars of prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any ot means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by authorized representative of the Detaining Power.

Any of the above provisions of this Article may be varied by mutual agreement between any two Par to the conflict.

The Power on which the prisoner of war depends shall be responsible for settling with him any cre balance due to him from the Detaining Power on the termination of his captivity.

ARTICLE 67

Adjustments between Parties to the conflict

Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as m on behalf of the Power on which they depend. Such advances of pay, as well as all payments made the said Power under Article 63, third paragraph and Article 68, shall form the subject of arrangeme between the Powers concerned, at the close of hostilities.

ARTICLE 68

Claims for compensation

Any claim by a prisoner of war for compensation in respect of any injury or other disability arising of work shall be referred to the Power on which he depends, through the Protecting Power. accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concer with a statement showing the nature of the injury or disability, the circumstances in which it arose particulars of medical or hospital treatment given for it. This statement will be signed by a responsi officer of the Detaining Power and the medical particulars certified by a medical officer.

Any claim from a prisoner of war for compensation in respect of personal effects, monies or valuab impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likew be referred to the Power on which he depends. Nevertheless, any such personal effects required for by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. T Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsi officer, showing all available information regarding the reasons why such effects, monies or valuab have not been restored to him. A copy of this statement will be forwarded to the Power on which depends through the Central Agency for Prisoners of War provided for in Article 123.

SECTION V

RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR

ARTICLE 69

Notification of measures taken

Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and Powers on which they depend, through the Protecting Power, of the measures taken to carry out provisions of the present Section. They shall likewise inform the parties concerned of any subsequ modifications of such measures.

ARTICLE 70

Capture card

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

ARTICLE 71

Correspondence

Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deem necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article and conforming as closely as possible to the models annexed to the present Convention. Furt limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests the prisoners of war concerned to do so owing to difficulties of translation caused by the Detain Power's inability to find sufficient qualified linguists to carry out the necessary censorship. If limitati must be placed on the correspondence addressed to prisoners of war, they may be ordered only by Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may be delayed or retained for disciplinary reasons.

Prisoners of war who have been without news for a long period, or who are unable to receive news fr their next of kin or to give them news by the ordinary postal route, as well as those who are at a gr distance from their homes, shall be permitted to send telegrams, the fees being charged against prisoners of war's accounts with the Detaining Power or paid in the currency at their disposal. T shall likewise benefit by this measure in cases of urgency.

As a general rule, the correspondence of prisoners of war shall be written in their native language. T Parties to the conflict may allow correspondence in other languages.

Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate th contents, and must be addressed to offices of destination.

ARTICLE 72

Relief shipments

I. General principles

Prisoners of war shall be allowed to receive by post or by any other means individual parcels collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles o religious, educational or recreational character which may meet their needs, including books, devotio articles, scientific equipment, examination papers, musical instruments, sports outfits and mater allowing prisoners of war to pursue their studies or their cultural activities.

Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by vir of the present Convention.

The only limits which may be placed on these shipments shall be those proposed by the Protect Power in the interest of the prisoners themselves, or by the International Committee of the Red Cros any other organization giving assistance to the prisoners, in respect of their own shipments only, account of exceptional strain on transport or communications.

The conditions for the sending of individual parcels and collective relief shall, if necessary, be subject of special agreements between the Powers concerned, which may in no case delay the receipt the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstu Medical supplies shall, as a rule, be sent in collective parcels.

ARTICLE 73

II. Collective relief

In the absence of special agreements between the Powers concerned on the conditions for the receipt distribution of collective relief shipments, the rules and regulations concerning collective shipme which are annexed to the present Convention, shall be applied.

The special agreements referred to above shall in no case restrict the right of prisoners' representati to take possession of collective relief shipments intended for prisoners of war, to proceed to th distribution or to dispose of them in the interest of the prisoners.

Nor shall such agreements restrict the right of representatives of the Protecting Power, the Internatio Committee of the Red Cross or any other organisation giving assistance to prisoners of war responsible for the forwarding of collective shipments, to supervise their distribution to the recipients

ARTICLE 74

Exemption from postal and transport charges

All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of wa despatched by them through the post office, either direct or through the Information Bureaux provi for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exem from any postal dues, both in the countries of origin and destination, and in intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all territories under this control. The other Powers party to the Convention shall bear the cost of transpor their respective territories.

In the absence of special agreements between the Parties concerned, the costs connected with transp of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged telegrams sent by prisoners of war, or addressed to them.

ARTICLE 75

Special means of transport

Should military operations prevent the Powers concerned from fulfilling their obligation to assure transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, International Committee of the Red Cross or any other organization duly approved by the Parties to conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wago motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeav to supply them with such transport and to allow its circulation, especially by granting the necessary sa conducts.

Such transport may also be used to convey:

(a) correspondence, lists and reports exchanged between the Central Information Age referred to in Article 123 and the National Bureaux referred to in Article 122;

(b) correspondence and reports relating to prisoners of war which the Protecting Powers, International Committee of the Red Cross or any other body assisting the prisoners, exchange either w 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 transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agr conditions, to such means of transport.

In the absence of special agreements, the costs occasioned by the use of such means of transport shal borne proportionally by the Parties to the conflict whose nationals are benefited thereby.

ARTICLE 76

Censorship and examination

The censoring of correspondence addressed to prisoners of war or despatched by them shall be done quickly as possible. Mail shall be censored only by the despatching State and the receiving State, once only by each.

The examination of consignments intended for prisoners of war shall not be carried out under conditi that will expose the goods contained in them to deterioration; except in the case of written or prin matter, it shall be done in the presence of the addressee, or of a fellow prisoner duly delegated by h The delivery to prisoners of individual or collective consignments shall not be delayed under the pret of difficulties of censorship.

Any prohibition of correspondence ordered by Parties to the conflict, either for military or polit reasons, shall be only temporary and its duration shall be as short as possible.

ARTICLE 77

Preparation, execution and transmission of legal documents

The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or docume intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prison of war; in particular, they shall allow them to consult a lawyer and shall take what measures necessary for the authentication of their signatures.

SECTION VI

RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER I

COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY ARTICLE 78

Complaints and requests

Prisoners of war shall have the right to make known to the military authorities in whose power they their requests regarding the conditions of captivity to which they are subjected.

They shall also have the unrestricted right to apply to the representatives of the Protecting Powers eit through their prisoners' representatives or, if they consider it necessary, direct, in order to draw th attention to any points on which they may have complaints to make regarding their conditions captivity.

These requests and complaints shall not be limited nor considered to be a part of the corresponde quota referred to in Article 71. They must be transmitted immediately. Even if they are recognised to unfounded, they may not give rise to any punishment.

Prisoners' representatives may send periodic reports on the situation in the camps and the needs of prisoners of war to the representatives of the Protecting Powers.

CHAPTER II

PRISONERS OF WAR REPRESENTATIVES

ARTICLE 79

Election

In all places where there are prisoners of war, except in those where there are officers, the prisoners sh freely elect by secret ballot, every six months, and also in case of vacancies, prisoner's representati entrusted with representing them before the military authorities, the Protecting Powers, the Internatio Committee of the Red Cross and any other organization which may assist them. These prison representatives shall be eligible for re-election.

In camps for officers and persons of equivalent status or in mixed camps, the senior officer among prisoners of war shall be recognised as the camp prisoners' representative. In camps for officers, he sh be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall chosen from among the prisoners of war who are not officers and shall be elected by them.

Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of w for the purpose of carrying out the camp administration duties for which the prisoners of war responsible. These officers may be elected as prisoners' representatives under the first paragraph of Article. In such a case the assistance to the prisoners' representatives shall be chosen from among th prisoners of war who are not officers.

Every representative elected must be approved by the Detaining Power before he has the right commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.

In all cases the prisoners' representative must have the same nationality, language and customs as prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a cam according to their nationality, language or customs, shall have for each section their own prisone representative, in accordance with the foregoing paragraphs.

ARTICLE 80

Duties

Prisoners' representatives shall further the physical, spiritual and intellectual well-being of prisoners war.

In particular, where the prisoners decide to organise amongst themselves a system of mutual assistan this organization will be within the province of the prisoners' representative, in addition to the spe duties entrusted to him by other provisions of the present Convention.

Prisoners' representatives shall not be held responsible, simply by reason of their duties, for offences committed by prisoners of war.

ARTICLE 81

Prerogatives

Prisoners' representatives shall not be required to perform any other work, if the accomplishment their duties is thereby made more difficult.

Prisoners' representatives may appoint from amongst the prisoners such assistants as they may requ All material facilities shall be granted them, particularly a certain freedom of movement necessary the accomplishment of their duties (inspections of labour detachments, receipt of supplies, etc.). Prisoners' representatives shall be permitted to visit premises where prisoners of war are detained, every prisoner of war shall have the right to consult freely his prisoners' representative.

All facilities shall likewise be accorded to the prisoners' representatives for communication by post telegraph with the detaining authorities, the Protecting Powers, the International Committee of the R Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistanc prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities communication with the prisoners' representatives of the principal camp. Such communications sh not be restricted, nor considered as forming a part of the quota mentioned in Article 71.

Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint th successors with current affairs.

In case of dismissal, the reasons therefor shall be communicated to the Protecting Power.

CHAPTER III

PENAL AND DISCIPLINARY SANCTIONS

I. General Provisions

ARTICLE 82

Applicable legislation

A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures respect of any offence committed by a prisoner of war against such laws, regulations or ord However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of w to be punishable, whereas the same acts would not be punishable if committed by a member of forces of the Detaining Power, such acts shall entail disciplinary punishments only.

ARTICLE 83

Choice of disciplinary or judicial proceeding

In deciding whether proceedings in respect of an offence alleged to have been committed by a priso of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authori exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures ARTICLE 84

Courts

A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Pow expressly permit the civil courts to try a member of the armed forces of the Detaining Power in resp of the particular offence alleged to have been committed by the prisoner of war.

In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not o the essential guarantees of independence and impartiality as generally recognized, and, in particular, procedure of which does not afford the accused the rights and means of defence provided for in Art 105.

ARTICLE 85

Offences committed before capture

Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capt shall retain, even if convicted, the benefits of the present Convention.

ARTICLE 86

"Non bis in idem"

No prisoner of war may be punished more than once for the same act or on the same charge. ARTICLE 87

Penalties

Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Powe any penalties except those provided for in respect of members of the armed forces of the said Power w have committed the same acts.

When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is bound to it by any duty of allegiance, and he is in its power as the result of circumstances independen his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for violation of which the prisoner of war is accused, and shall therefore not be bound to apply minimum penalty prescribed.

Collective punishment for individual acts, corporal punishments, imprisonment in premises with daylight and, in general, any form of torture or cruelty, are forbidden.

No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing badges.

ARTICLE 88

Execution of penalties

Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary judicial punishment, shall not be subjected to more severe treatment than that applied in respect of same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or trea whilst undergoing punishment more severely, than a woman member of the armed forces of Detaining Power dealt with for a similar offence.

In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe treated whilst undergoing punishment more severely, than a male member of the armed forces of Detaining Power dealt with for a similar offence.

Prisoners of war who have served disciplinary or judicial sentences may not be treated differently fr other prisoners of war. II. Disciplinary Sanctions

ARTICLE 89

General observations: I Forms of punishment

The disciplinary punishments applicable to prisoners of war are the following:

(1) A fine which shall not exceed 50 per cent of the advances of pay and working pay wh the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a per of not more than thirty days.

(2) Discontinuance of privileges granted over and above the treatment provided for by present Convention.

(3) Fatigue duties not exceeding two hours daily.

(4) Confinement.

The shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.

ARTICLE 90

II. Duration of punishments

The duration of any single punishment shall in no case exceed thirty days. Any period of confinem awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deduc from an award pronounced against a prisoner of war.

The maximum of thirty days provided above may not be exceeded, even if the prisoner of wa answerable for several acts as the same time when he is awarded punishment, whether such acts related or not.

The period between the pronouncing of an award of disciplinary punishment and its execution shall exceed one month.

When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days sh elapse between the execution of any two of the punishments, if the duration of one of these is ten day more.

ARTICLE 91

Escapes: I. Successful escape

The escape of a prisoner of war shall be deemed to have succeeded when:

(1) he has joined the armed forces of the Power on which he depends, or those of an all Power;

(2) he has left the territory under the control of the Detaining Power, or of an ally of the s Power;

(3) he has joined a ship flying the flag of the Power on which he depends, or of an all Power, in the territorial waters of the Detaining Power, the said ship not being under the control of last named Power.

Prisoners of war who have made good their escape in the sense of this Article and who are recaptur shall not be liable to any punishment in respect of their previous escape.

ARTICLE 92

II. Unsuccessful escape

A prisoner of war who attempts to escape and is recaptured before having made good his escape in sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it repeated offence.

A prisoner of war who is recaptured shall be handed over without delay to the competent milit authority.

Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsucces escape may be subjected to special surveillance. Such surveillance must not affect the state of th health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of safeguards granted them by the present Convention .

ARTICLE 93

III. Connected offences

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravat circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offe committed during his escape or attempt to escape.

In conformity with the principle stated in Article 83, offences committed by prisoners of war with sole intention of facilitating their escape and which do not entail any violence against life or limb, s as offences against public property, theft without intention of self-enrichment, the drawing up or use false papers, the wearing of civilian clothing, shall occasion disciplinary punishment only.

Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count disciplinary punishment only.

ARTICLE 94

IV. Notification of recapture

If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereo the manner defined in Article 122, provided notification of his escape has been made.

ARTICLE 95

Procedure: I. Confinement awaiting hearing

A prisoner of war accused of an offence against discipline shall not be kept in confinement pending hearing unless a member of the armed forces of the Detaining Power would be so kept if he w accused of a similar offence, or if it is essential in the interests of camp order and discipline.

Any period spent by a prisoner of war in confinement awaiting the disposal of an offence aga discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.

The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are confinement awaiting the disposal of offences against discipline.

ARTICLE 96

II. Competent authorities and right of defence

Acts which constitute offences against discipline shall be investigated immediately.

Without prejudice to the competence of courts and superior military authorities, disciplinary punishm may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regard the offences of which he is accused, and given an opportunity of explaining his conduct and defending himself. He shall be permitted, in particular, to call witnesses and to have recourse necessary, to the services of a qualified interpreter. The decision shall be announced to the accu prisoner of war and to the prisoners' representative.

A record of disciplinary punishments shall be maintained by the camp commander and shall be open inspection by representatives of the Protecting Power.

ARTICLE 97

Execution of punishment: I. Premises

Prisoners of war shall not in any case be transferred to penitentiary establishments (priso penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.

All premises in which disciplinary punishments are undergone shall conform to the sanit requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to k himself in a state of cleanliness, in conformity with Article 29.

Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissio officers or men.

Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters fr male prisoners of war and shall be under the immediate supervision of women.

ARTICLE 98

II. Essential safeguards

A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy benefits of the provisions of this Convention except in so far as these are necessarily rende inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of provisions of Articles 78 and 126.

A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached his rank.

Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open at least two hours daily.

They shall be allowed, on their request, to be present at the daily medical inspections. They shall rece the attention which their state of health requires and, if necessary, shall be removed to the ca infirmary or to a hospital.

They shall have permission to read and write, likewise to send and receive letters. Parcels remittances of money however, may be withheld from them until the completion of the punishment; t shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary perishable goods contained in such parcels.

III. Judicial Proceedings

ARTICLE 99

Essential rules: I. General principles

No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of Detaining Power or by International Law, in force at the time the said act was committed.

No moral or physical coercion may be exerted on a prisoner of war in order to induce him to ad himself guilty of the act of which he is accused.

No prisoner of war may be convicted without having had an opportunity to present his defence and assistance of a qualified advocate or counsel.

ARTICLE 100

II Death penalty

Prisoners of war and the Protecting Powers shall be informed, as soon as possible, of the offences wh are punishable by the death sentence under the laws of the Detaining Power.

Other offences shall not thereafter be made punishable by the death penalty without the concurrence the Power upon which the prisoners of war depend.

The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has accordance with Article 87, second paragraph, been particularly called to the fact that since the accu is not a national of the Detaining Power, he is not bound to it by any duty of alliance, and that he is in power as a result of circumstances independent of his own will.

ARTICLE 101

III. Delay in execution of the death penalty

If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before expiration of a period of at least six months from the date when the Protecting Power receives, at indicated address, the detailed communication provided for in Article 107.

ARTICLE 102

Procedure: I. Conditions for validity of sentence

A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same cou according to the same procedure as in the case of members of the armed forces of the Detaining Pow and if, furthermore, the provisions of the present Chapter have been observed.

ARTICLE 103

II. Confinement awaiting trial (Declaration from sentence, treatment)

Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstan permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confi while awaiting trial unless a member of the armed forces of the Detaining Power would be so confine he were accused of a similar offence, or if it is essential to do so in the interests of national security no circumstances shall this confinement exceed three months.

Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sente of imprisonment passed upon him and taken into account in fixing any penalty.

The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst confinement awaiting trial.

ARTICLE 104

III. Notification of proceedings

In any case in which the Detaining Power has decided to institute judicial proceedings against a priso of war, it shall notify the Protecting Power as soon as possible and at least three weeks before opening of the trial. This period of three weeks shall run as from the day in which such notificat reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.

The said notification shall contain the following information:

(1) Surname and first names of the prisoner of war, his rank, his army, regimental, perso or serial number, his date of birth, and his profession or trade, if any.

(2) Place of internment or confinement.

(3) Specification of the charge or charges on which the prisoner of war is to be arraign giving the legal provisions applicable.

(4) Designation of the court which will try the case, likewise the date and place fixed for opening of the trial.

The same communication shall be made by the Detaining Power to the prisoners' representative. If no evidence is submitted, at the opening of a trial, that the notification referred to above was recei by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at le three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.

ARTICLE 105

IV. Rights and means of defence

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence b qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessa to the services of a competent interpreter. He shall be advised of these rights by the Detaining Powe due time before the trial.

Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the s power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a compet advocate or counsel to conduct the defence.

The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at disposal a period of two weeks at least before the opening of the trial, as well as the necessary facili to prepare the defence of the accused. He may, in particular, freely visit the accused and interview h in private. He may also confer with any witnesses for the defence, including prisoners of war. He sh have the benefit of these facilities until the term of appeal or petition has expired.

Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as documents which are generally communicated to the accused by virtue of the laws in force in the arm forces of the Detaining Power, shall be communicated to the accused prisoner of war in a langu which he understands, and in good time before the opening of the trial. The same communication in same circumstances shall be made to the advocate or counsel conducting the defence on behalf of prisoner of war.

The representatives of the Protecting Power shall be entitled to attend the trial of the case, unl exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Pow shall advise the Protecting Power accordingly.

ARTICLE 106 V. Appeals

Every prisoner of war shall have, in the same manner as the members of the armed forces of Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view the quashing or revising of the sentence or the re-opening of the trial. He shall be fully informed of right to appeal or petition and of the time limit within which he may do so.

ARTICLE 107

VI. Notification of findings and sentence

Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to Protecting Power in the form of a summary communication, which shall also indicate whether he has right of appeal with a view to the quashing of the sentence or the re-opening of the trial. T communication shall likewise be sent to the prisoners' representative concerned. It shall also be sen the accused prisoner of war in a language he understands, if the sentence was not pronounced in presence. The Detaining Power shall also immediately communicate to the Protecting Power decision of the prisoner of war to use or to waive his right of appeal.

Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced against a prisoner war in the first instance is a death sentence the Detaining Power shall as soon as possible address to Protecting Power a detailed communication containing:

(1) the precise wording of the finding and sentence;

(2) a summarized report of any preliminary investigation and of the trial, emphasizing particular the elements of the prosecution and the defence;

(3) notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing subparagraphs shall be sent to the Protecting Pow at the address previously made known to the Detaining Power.

ARTICLE 108

Execution of penalties. Penal regulations

Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall served in the same establishments and under the same conditions as in the case of members of the arm forces of the Detaining Power. These conditions shall in all cases conform to the requirements of hea and humanity.

A woman prisoner of war on whom such sentence has been pronounced shall be confined in separ quarters and shall be under the supervision of women.

In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to t regular exercise in the open air, to have medical care required by their state of health, and the spirit assistance they may desire. Penalties to which they may be subjected shall be in accordance with provisions of Article 87, third paragraph.

PART IV

TERMINATION OF CAPTIVITY

SECTION I

DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES

ARTICLE 109

General observations

Subject to the provisions of the third paragraph of this Article, parties to the conflict are bound to s back to their own country, regardless of number or rank, seriously wounded and seriously sick prison of war, after having cared for them until they are fit to travel, in accordance with the first paragraph the following Article.

Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the co-operation the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of sick and wounded prisoners of war referred to in the second paragraph of the following Article. T may, in addition, conclude agreements with a view to the direct repatriation or internment in a neu country of able-bodied prisoners of war who have undergone a long period of captivity.

No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of Article, may be repatriated against his will during hostilities.

ARTICLE 110

Cases of repatriation and accommodation The following shall be repatriated direct:

(1) Incurably wounded and sick whose mental or physical fitness seems to have b gravely diminished.

(2) Wounded and sick who, according to medical opinion, are not likely to recover wit one year, whose condition requires treatment and whose mental or physical fitness seems to have b gravely diminished.

(3) Wounded and sick who have recovered, but whose mental or physical fitness seems have been gravely and permanently diminished.

The following may be accommodated in a neutral country:

(1) Wounded and sick whose recovery may be expected within one year of the date of wound or the beginning of the illness, if treatment in a neutral country might increase the prospects o more certain and speedy recovery.

(2) Prisoners of war whose mental and physical health, according to medical opinion seriously threatened by continued captivity, but whose accommodation in a neutral country mi remove such a threat.

The conditions which prisoners of war accommodated in a neutral country must fulfil in order to per their repatriation shall be fixed, as shall likewise their status, by agreement between the Pow concerned. In general, prisoners of war who have been accommodated in a neutral country, and w belong to the following categories, should be repatriated:

(1) Those whose state of health has deteriorated so as to fulfil the conditions laid down direct repatriation;

(2) Those whose mental or physical powers remain, even after treatment, considera impaired.

If no special agreements are concluded between the Parties to the conflict concerned, to determine cases of disablement or sickness entailing direct repatriation or accommodation in a neutral coun such cases shall be settled in accordance with the principles laid down in the Model Agreem concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoner war and in the Regulations concerning Mixed Medical Commissions annexed to the present Conventi ARTICLE 111

Internment in neutral country

The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agr upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of w to be interned in the territory of the said neutral Power until the close of hostilities.

ARTICLE 112

Mixed Medical commissions

Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick wounded prisoners of war, and to make all appropriate decisions regarding them. The appointm duties and functioning of these Commissions shall be in conformity with the provisions of Regulations annexed to the present Convention.

However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, manifestly seriously injured or seriously sick, may be repatriated without having to be examined b Mixed Medical Commission.

ARTICLE 113

Prisoners entitled to examination by Mixed Medical Commission

Besides those who are designated by the medical authorities of the Detaining Power, wounded or s prisoners of war belonging to the categories listed below shall be entitled to present themselves examination by the Mixed Medical Commission provided for in the foregoing Article:

(1) Wounded and sick proposed by a physician or surgeon who is of the same nationality a national of a Party to the conflict allied with the Power on which the said prisoners depend, and w exercises his functions in the camp.

(2) Wounded and sick proposed by their prisoners representative.

(3) Wounded and sick proposed by the Power on which they depend, or by an organizat duly recognized by the said Power and giving assistance to the prisoners.

Prisoners of war who do not belong to one of the three foregoing categories may nevertheless pres themselves for examination by Mixed Medical Commissions, but shall be examined only after th belonging to the said categories.

The physician or surgeon of the same nationality as the prisoners who present themselves examination by the Mixed Medical Commission likewise the prisoners' representative of the s prisoners, shall have permission to be present at the examination.

ARTICLE 114

Prisoners meeting with accidents

Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of provisions of this Convention as regards repatriation or accommodation in a neutral country.

ARTICLE 115

Prisoners serving a sentence

No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible repatriation or for accommodation in a neutral country, may be kept back on the plea that he has undergone his punishment.

Prisoners of war detained in connection with a judicial prosecution or conviction and who are designa for repatriation or accommodation in a neutral country may benefit by such measures before the end the proceedings or the completion of the punishment, if the Detaining Power consents.

Parties to the conflict shall communicate to each other the names of those who will be detained until end of the proceedings or the completion of the punishment.

ARTICLE 116

Costs of repatriation

The costs of repatriating prisoners of war or of transporting them to a neutral country shall be bor from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.

ARTICLE 117

Activity after repatriation

No repatriated person may be employed on active military service.

SECTION II

RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF HOSTILITIES ARTICLE 118

Release and repatriation

Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities In the absence of stipulations to the above effect in any agreement concluded between the Parties to conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detain Powers shall itself establish and execute without delay a plan of repatriation in conformity with principle laid down in the foregoing paragraph.

In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried on the following basis:

(a) If the two Powers are contiguous, the Power on which the prisoners of war depend sh bear the costs of repatriation from the frontiers of the Detaining Power.

(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nea to the territory of the Power on which the prisoners of war depend. The Parties concerned shall ag between themselves as to the equitable apportionment of the remaining costs of the repatriation. T conclusion of this agreement shall in no circumstances justify the delay in the repatriation of prisoners of war.

ARTICLE 119

Details of procedure

Repatriation shall be effected in conditions similar to those laid down in articles 46 to 48 inclusive of present Convention for the transfer of prisoners of war, having regard to the provisions of Article and to those of the following paragraphs.

On repatriation, any articles of value impounded from prisoners of war under Article 18, and any fore currency which has not been converted into the currency of the Detaining Power, shall be restored them. Articles of value and foreign currency which, for any reason whatever, are not restored prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 12 Prisoners of war shall be allowed to take with them their personal effects, and any correspondence parcels which have arrived for them. The weight of such baggage may be limited, if the conditions repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases authorised to carry at least twenty-five kilograms.

The other personal effects of the repatriated prisoner shall be left in charge of the Detaining Pow which shall have them forwarded to him as soon as it has concluded an agreement to this eff regulating the conditions of transport and the payment of the costs involved, with the Power on wh the prisoner depends.

Prisoners of war against whom criminal proceedings for an indictable offence are pending may detained until the end of such proceedings, and, if necessary, until the completion of the punishm The same shall apply to prisoners of war already convicted for an indictable offence.

Parties to the conflict shall communicate to each other the names of any prisoners of war who detained until the end of proceedings or until punishment has been completed.

By agreement between the Parties to the conflict, commissions shall be established for the purpose searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay SECTION III

DEATH OF PRISONERS OF WAR

ARTICLE 120

Wills, death certificates, burial, cremation

Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by legislation of their country of origin, which will take steps to inform the Detaining Power of requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the w shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Cen Agency.

Death certificates, in the form annexed to the present Convention, or lists certified by a responsi officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to Prisoners of War Information Bureau established in accordance with Article 122. The death certifica or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and a of the date and place of death, the cause of death, the date and place of burial and all particu necessary to identify the graves.

The burial or cremation of a prisoner of war shall be preceded by a medical examination of the bo with a view to confirming death and enabling a report to be made and, where necessary, establish identity.

The detaining authorities shall ensure that prisoners of war who have died in captivity are honoura buried, if possible according to the rites of the religion to which they belonged, and that their graves respected, suitably maintained and marked so as to be found at any time. Wherever possible, decea prisoners of war who depend on the same Power shall be interred in the same place.

Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances requ the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on acco of the religion of the deceased or in accordance with his express wish to this effect. In case of cremati the fact shall be stated and the reasons given in the death certificate of the deceased.

In order that graves may always be found, all particulars of burials and graves shall be recorded wit Graves Registration Service established by the Detaining Power. Lists of graves and particulars of prisoners of war interred in cemeteries and elsewhere shall be transmitted to the power on which s prisoners of war depended. Responsibility for the care of these graves and for records of any subsequ moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Conventi These provisions shall also apply to the ashes which shall be kept by the Graves Registration Serv until the proper disposal thereof in accordance with the wishes of the home country.

ARTICLE 121

Prisoners killed or injured in special circumstances

Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sen another prisoner of war, or any other person, as well as any death the cause of which is unknown sh be immediately followed by an official enquiry by the Detaining Power.

A communication on this subject shall be sent immediately to the Protecting Powers. Statements shal taken from witnesses, especially from those who are prisoners of war, and a report including s statements shall be forwarded to the Protecting Power.

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures the prosecution of the person or persons responsible.

PART V

INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR

ARTICLE 122

National Bureaux

Upon the outbreak of a conflict and in all cases of occupation, each of the parties to the conflict sh institute an official Information Bureau for prisoners of war who are in its power. Neutral or n belligerent Powers who may have received within their territory persons belonging to one of categories referred to in Article 4, shall take the same action with respect to such persons. The Pow concerned shall ensure that the Prisoners of War Information Bureau is provided with the necess accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to emp prisoners of war in such a Bureau under the conditions laid down in the Section of the pres Convention dealing with work by prisoners of war.

Within the shortest possible period, each of the Parties to the conflict shall give its Bureau information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any ene person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neu or non-belligerent Powers shall take the same action with regard to persons belonging to such catego whom they have received within their territory.

The Bureau shall immediately forward such information by the most rapid means to the Pow concerned through the intermediary of the Protecting Powers and likewise of the Central Age provided for in Article 123.

This information shall make it possible quickly to advise the next of kin concerned. Subject to provisions of Article 17, the information shall include, in so far as available to the Information Bure in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or se number, place and full date of birth, indication of the Power on which he depends, first name of father and maiden name of the mother, name and address of the person to be informed and the addres which correspondence for the prisoner may be sent.

The Information Bureau shall receive from the various departments concerned information regard transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit s information in the manner described in the third paragraph above.

Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriou wounded shall be supplied regularly, every week if possible.

The Information Bureau shall also be responsible for replying to all enquiries sent to it concern prisoners of war, including those who have died in captivity; it will make any enquiries necessary obtain the information which is asked for if this is not in its possession.

All written communications made by the Bureau shall be authenticated by a signature or a seal. The Information Bureau shall furthermore be charged with collecting all personal valuables, includ sums in currencies other than that of the Detaining Power and documents of importance to the nex kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau sealed packets which shall be accompanied by statements giving clear and full particulars of the iden of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Ot personal effects of such prisoners of war shall be transmitted under arrangements agreed upon betw the Parties to the conflict concerned.

ARTICLE 123

Central Agency

A Central Prisoners of War Information Agency shall be created in Central Agency a neutral coun The International Committee of the Red Cross shall, if it deems necessary, propose to the Pow concerned the organization of such an Agency.

The function of the Agency shall be to collect all the information it may obtain through official private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country origin of the prisoners of war or to the Power on which they depend. It shall receive from the Partie the conflict all facilities for effecting such transmission.

The High Contracting Parties, and in particular those whose nationals benefit by the services of 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 International Committee of the Red Cross, or of the relief Societies provided for in Article 125.

ARTICLE 124

Exemption from charges

The National Information Bureaux and the Central Information Agency shall enjoy free postage mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exempt from telegraphic charges or, at least, greatly reduced rates.

ARTICLE 125

Relief societies and other organisations

Subject to the measures which the Detaining Powers may consider essential to ensure their security o meet any other reasonable need, the representatives of religious organisations, relief societies, or other organisation assisting prisoners of war, shall receive from the said Powers, for themselves their duly accredited agents, all necessary facilities for visiting the prisoners, distributing relief supp and material, from any source, intended for religious, educational or recreative purposes, and assisting them in organising their leisure time within the camps. Such societies or organisations may constituted in the territory of the Detaining Power or in any other country, or they may have international character.

The Detaining Power may limit the number of societies and organisations whose delegates are allow to carry out their activities in its territory and under its supervision, on condition, however, that s limitation shall not hinder the effective operation of adequate relief to all prisoners of war.

The special position of the International Committee of the Red Cross in this field shall be recogni and respected at all times.

As soon as relief supplies or material intended for the above-mentioned purposes are handed over prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisone representative, shall be forwarded to the relief society or organisation making the shipment. At the sa time, receipts for these consignments shall be supplied by the administrative authorities responsible guarding the prisoners.

PART VI

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

ARTICLE 126 Supervision

Representatives or delegates of the Protecting Powers shall have permission to go to all places wh prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall h access to all premises occupied by prisoners of war; they shall also be allowed to go to places departure, passage and arrival of prisoners who are being transferred. They shall be able to interview prisoners, and in particular the prisoners' representatives, without witnesses, either personally or throu an interpreter.

Representatives and delegates of the Protecting powers shall have full liberty to select the places t wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not prohibited except for reasons of imperative military necessity, and then only as an exceptional temporary measure.

The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessa that compatriots of these prisoners of war be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. T appointment of such delegates shall be submitted to the approval of the Power detaining the prisoner war to be visited.

ARTICLE 127

Dissemination of the convention

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of present Convention as widely as possible in their respective countries, and, in particular, to include study thereof in their programmes of military and, if possible, civil instruction, so that the princip thereof may become known to all their armed forces and to the entire population.

Any military or other authorities, who in time of war assume responsibilities in respect of prisoners war, must possess the text of the Convention and be specially instructed as to its provisions.

ARTICLE 128

Translations. Rules of application

The High Contracting Parties shall communicate to one another through the Swiss Federal Council a during hostilities, through the Protecting Powers, the official translations of the present Convention well as the laws and regulations, which they may adopt to ensure the application thereof.

ARTICLE 129

Penal sanctions

I. General observations

The High Contracting Parties undertake to enact any legislation necessary to provide effective pe sanctions for persons committing, or ordering to be committed, any of the grave breaches of the pres Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to h committed, or to have ordered to be committed, such grave breaches, and shall bring such perso regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with provisions of its own legislation, hand such persons over for trial to another High Contracting Pa 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 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, wh shall not be less favourable than those provided by Article 105 and those following of the pres Convention.

ARTICLE 130

II. Grave breaches

Grave breaches to which the preceding Articles relates shall be those involving any of the follow acts, if committed against persons or property protected by the Convention: wilful killing, torture inhuman treatment, including biological experiments, wilfully causing great suffering or serious inj to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfu depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.

ARTICLE 131

III. Responsibilities of the Contracting Parties

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of liability incurred by itself or by another High Contracting Party in respect of breaches referred to in preceding Article.

ARTICLE 132

Enquiry procedure

At the request of a party to the conflict, an enquiry shall be instituted, in a manner to be decided betw 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 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 repr it with the least possible delay.

SECTION II

FINAL PROVISIONS

ARTICLE 133 Languages

The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translation of the convention to be made in Russian and Spanish languages.

ARTICLE 134

Relation to the 1929 Convention

The present Convention replaces the Convention of July 27, 1929, in relations between the H Contracting Parties.

ARTICLE 135

Relation to the Hague Convention

In the relations between the Powers which are bound by the Hague Convention respecting the Laws Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which parties to the present Convention, this last Convention shall be complementary to Chapter II of Regulations annexed to the above-mentioned Conventions of the Hague.

ARTICLE 136

Signature

The present Convention, which bears the date of this day, is open to signature until February 12, 19 in the name of the Powers represented at the Conference which opened at Geneva on April 21, 19 furthermore, by Powers not represented at that Conference, but which are parties to the Convention July 27, 1929.

ARTICLE 137

Ratification

The present Convention shall be ratified as soon as possible and the ratification shall be deposited Berne.

A record shall be drawn up of the deposit of each instrument of ratification and certified copies of record shall be transmitted by the Swiss Federal Council to all Powers in whose name the Convent has been signed, or whose accession has been notified.

ARTICLE 138

Coming into force

The present Convention shall come into force six months after not less than two instruments ratification have been deposited.

Thereafter it shall come into force for each High Contracting Party six months after the deposit of instrument of ratification.

ARTICLE 139 Accession

From the date of its coming into force, it shall be open to any Power in whose name the pres Convention has not been signed, to accede to this Convention.

ARTICLE 140

Notification of accessions

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six mon after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name Convention has been signed or whose accession has been notified.

ARTICLE 141

Immediate effect

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupati The Swiss Federal Council shall communicate by the quickest method any ratifications or accessi received from Parties to the conflict.

ARTICLE 142 Denunciation

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 Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Sw Federal Council. However, a denunciation of which notification has been made at a time when denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and u after operations connected with release and repatriation of the persons protected by the pres Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of law of nations, as they result from the usages established among civilized peoples, from the laws humanity and the dictates of the public conscience.

ARTICLE 143

Registration with the United Nations

The Swiss Federal Council shall register the present Convention with the Secretariat of the Uni Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of 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 sig the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English and French languages. The origi shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall trans certified copies thereof to each of the signatory and acceding States.

ANNEX I

MODEL AGREEMENT CONCERNING DIRECT REPATRIATION AND ACCOMMODATION NEUTRAL COUNTRIES OF WOUNDED AND SICK PRISONERS OF WAR (see Article 110)

I. - PRINCIPLES FOR DIRECT REPATRIATION AND ACCOMMODATION IN NEUTR

COUNTRIES

A. DIRECT REPATRIATION

The following shall be repatriated direct:

(1) All prisoners of war suffering from the following disabilities as the result of trauma: l of limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or fo or the equivalent of the loss of a hand or foot.

Without prejudice to a more generous interpretation, the following shall be considered equivalent to the loss of a hand or foot:

(a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss o foot, or of all the toes and metatarsals of one foot.

(b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the functioning one of the large articulations or of all the digital joints of one hand.

(c) Pseudarthrosis of the long bones.

(d) Deformities due to fracture or other injury which seriously interfere with function weight-bearing power.

(2) All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude recovery - in spite of treatment - within one year from the date injury, as, for example, in case of:

(a) Projectile in the heart, even if the Mixed Medical Commission should fail, at the time their examination, to detect any serious disorders.

(b) Metallic splinter in the brain or the lungs, even if the Mixed Medical Commiss cannot, at the time of examination, detect any local or general reaction.

(c) Osteomyelitis, when recovery cannot before seen in the course of the year following injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent to loss of a hand or a foot.

(d) Perforating and suppurating injury to the large joints.

(e) Injury to the skull, with loss or shifting of bony tissue.

( f ) Injury or burning of the face with loss of tissue and functional lesions.

(g) Injury to the spinal cord.

(h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of a h or foot, and the cure of which requires more than a year from the date of injury, for example: injury the brachial or lumbosacral plexus, the median or sciatic nerves, likewise combined injury to the rad and cubital nerves or to the lateral popliteal nerve (N. peroneus communis) and medial popliteal ne (N. tibialis); etc. The separate injury of the radial (musculo-spiral), cubital, lateral or medial popli nerves shall not, however, warrant repatriation except in case of contractures or of serious neurotrop disturbance.

(i) Injury to the urinary system, with incapacitating results.

(3) All sick prisoners of war whose condition has become chronic to the extent t prognosis seems to exclude recovery - in spite of treatment - within one year from the inception the disease, as, for example, in case of:

(a) Progressive tuberculosis of any organ which, according to medical prognosis, cannot cured, or at least considerably improved, by treatment in a neutral country.

(b) Exudate pleurisy.

(c) Serious diseases of the respiratory organs of non-tubercular etiology, presum incurable, for example: serious plumonary emphysema, with or without bronchitis; chronic asthm chronic bronchitis* lasting more than one year in captivity; bronchiectasis*; etc.

(d) Serious chronic affections of the circulatory system, for example: valvular lesions myocarditis*, which have shown signs of circulatory failure during captivity, even though the Mi Medical Commission cannot detect any such signs at the time of examination; affections of precardium and the vessels (Buerger's disease, aneurisms of the large vessels); etc.

(e) Serious chronic affections of the digestive organs, for example: gastric or duodenal ulc sequelae of gastric operations performed in captivity; chronic gastritis, enteritis or colitis, having las more than one year and seriously affecting the general condition; cirrhosis of the liver; chro cholecystopathy*; etc.

( f ) Serious chronic affections of the genito-urinary organs, for example: chronic disease the kidney with consequent disorders; nephrectromy because of a tubercular kidney; chronic pyelitis chronic cystitis; hydronephrosis or pyonephrosis; chronic grave gynaecological conditions; norm pregnancy and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc. (g) Serious chronic diseases of the central and peripheral nervous system, for example: obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis, e

duly verified by a specialist; any epilepsy duly verified by the camp physician*; cereb arteriosclerosis; chronic neuritis lasting more than one year; etc.*

(h) Serious chronic disease of the neuro-vegetative system, with considerable diminution mental or physical fitness, noticeable loss of weight and general asthenia.

(i) Blindness of both eyes, or of one eye when the vision of the other is less than 1 in sp of the use of corrective glasses, diminution of visual acuity in cases where it is impossible to restor by correction to an acuity of 1/2 in at least one eye*; other grave ocular affections, for examp glaucoma, iritis, choroiditis; trachoma; etc.

( j) Auditive disorders, such as total unilateral deafness, if the other ear does not discern ordinary spoken word at a distance of one metre*; etc.

(k) Serious affections of metabolism, for example: diabetes mellitus requiring insu treatment; etc.

(l) Serious disorders of the endocrine glands, for example thyrotoxicosis; hypothyro Addison's disease; Simmonds' chachexia; tetany; etc.

(m) Grave and chronic disorders of the blood-forming organs.

(n) Serious cases of chronic intoxication, for example: lead poisoning, mercury poisoni morphinism, cocainism, alcoholism; gas or radiation poisoning; etc.

(o) Chronic affections of locomotion, with obvious functional disorders, for examp arthritis deformans; primary and secondary progressive chronic polyarthritis; rheumatism with seri clinical symptoms; etc.

(p) Serious chronic skin diseases, not amenable to treatment.

(q) Any malignant growth.

(r) Serious chronic infectious diseases, persisting for one year after their inception, example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave disord tertiary visceral syphilis resistant to treatment; leprosy; etc.

(s) Serious avitaminosis or serious inanition.

* The decision of the Mixed Medical Commission shall be based to a great extent on the records k by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examinat by medical specialists of the Detaining Power.

B. ACCOMMODATION IN NEUTRAL COUNTRIES

The following shall be eligible for accommodation in a neutral country:

(1) All wounded prisoners of war who are not likely to recover in captivity, but who mi be cured or whose condition might be considerably improved by accommodation in a neutral country (2) Prisoners of war suffering from any form of tuberculosis, of whatever organ, and wh treatment in a neutral country would be likely to lead to recovery or at least to considera improvement, with the exception of primary tuberculosis cured before captivity.

(3) Prisoners of war suffering from affections requiring treatment of the respirato circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if s treatment would clearly have better results in a neutral country than in captivity.

(4) Prisoners of war who have undergone a nephrectomy in captivity for a non-tubercu renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requir insulin treatment; etc.

(5) Prisoners of war suffering from war or captivity neurosis.

Cases of captivity neurosis which are not cured after three months of accommodation in a neu country, or which after that length of time are not clearly on the way to complete cure, shall repatriated.

(6) All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, et for whom the prospects of cure in a neutral country are especially favourable.

(7) All women prisoners of war who are pregnant or mothers with infants and sm children.

The following cases shall not be eligible for accommodation in a neutral country:

(1) All duly verified chronic psychoses.

(2) All organic or functional nervous affections considered to be incurable.

(3) All contagious diseases during the period in which they are transmissible, with exception of tuberculosis.

II. - GENERAL OBSERVATIONS

(1) The conditions given shall, in a general way, be interpreted and applied in as broa spirit as possible.

Neuropathic and psychopathic conditions caused by war or captivity, as well as case tuberculosis in all stages, shall above all benefit by such liberal interpretation.

Prisoners of war who have sustained several wounds, none of which, considered itself, justifies repatriation, shall be examined in the same spirit, with due regard for the psyc traumatism due to the number of their wounds.

(2) All unquestionable cases giving the right to direct repatriation (amputation, to blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall examined and repatriated as soon as possible by the camp physicians or by military med commissions appointed by the Detaining Power.

(3) Injuries and diseases which existed before the war and which have not become worse well as war injuries which have not prevented subsequent military service, shall not entitle to dir repatriation.

(4) The provisions of this Annex shall be interpreted and applied in a similar manner in countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Med Commissions all the facilities necessary for the accomplishment of their task.

(5) The examples quoted under (1) above represent only typical cases. Cases which do correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of present Convention, and of the principles embodied in the present Agreement.

ANNEX II

REGULATIONS CONCERNING MIXED MEDICAL COMMISSIONS

(see Article 112)

ARTICLE 1

The Mixed Medical Commissions provided for in Article 112 of the Convention shall be composed three members, two of whom shall belong to a neutral country, the third being appointed by Detaining Power. One of the neutral members shall take the chair.

ARTICLE 2

The two neutral members shall be appointed by the International Committee of the Red Cross, acting agreement with the Protecting Power, at the request of the Detaining Power. They may be domici either in their country of origin, in any other neutral country, or in the territory of the Detaining Powe

ARTICLE 3

The neutral members shall be approved by the Parties to the conflict concerned, who shall notify th approval to the International Committee of the Red Cross and to the Protecting Power. Upon s notification, the neutral members shall be considered as effectively appointed.

ARTICLE 4

Deputy members shall also be appointed in sufficient number to replace the regular members in case need. They shall be appointed at the same time as the regular members or, at least, as soon as possible ARTICLE 5

If for any reason the International Committee of the Red Cross cannot arrange for the appointment of neutral members, this shall be done by the Power protecting the interests of the prisoners of war to examined.

ARTICLE 6

So far as possible, one of the two neutral members shall be a surgeon and the other a physician.

ARTICLE 7

The neutral members shall be entirely independent of the Parties to the conflict, which shall grant th all facilities in the accomplishment of their duties.

ARTICLE 8

By agreement with the Detaining Power, the International Committee of the Red Cross, when mak the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle the terms service of the nominees.

ARTICLE 9

The Mixed Medical Commissions shall begin their work as soon as possible after the neutral memb have been approved, and in any case within a period of three months from the date of such approval.

ARTICLE 10

The Mixed Medical Commissions shall examine all the prisoners designated in Article 113 of Convention. They shall propose repatriation, rejection, or reference to a later examination. Th decisions shall be made by a majority vote.

ARTICLE 11

The decisions made by the Mixed Medical Commissions in each specific case shall be communicat during the month following their visit, to the Detaining Power, the Protecting Power and International Committee of the Red Cross. The Mixed Medical Commissions shall also inform e prisoner of war examined of the decision made, and shall issue to those whose repatriation has b proposed certificates similar to the model appended to the present Convention.

ARTICLE 12

The Detaining Power shall be required to carry out the decisions of the Mixed Medical Commissi within three months of the time when it receives due notifications of such decisions.

ARTICLE 13

If there is no neutral physician in a country where the services of a Mixed Medical Commission seem be required, and if it is for any reason impossible to appoint neutral doctors who are resident in anot country, the Detaining Power, acting in agreement with the Protecting Power, shall set up a Med Commission which shall undertake the same duties as a Mixed Medical Commission, subject to provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations.

ARTICLE 14

Mixed Medical Commissions shall function permanently and shall visit each camp at intervals of more than six months.

ANNEX III

REGULATIONS CONCERNING COLLECTIVE RELIEF

(see Article 73)

ARTICLE 1

Prisoners' representatives shall be allowed to distribute collective relief shipments for which they responsible, to all prisoners of war administered by their camp, including those who are in hospitals in prisons or other penal establishments.

ARTICLE 2

The distribution of collective relief shipments shall be effected in accordance with the instructions of donors and with a plan drawn up by the prisoners' representatives. The issue of medical stores sh however, be made for preference in agreement with the senior medical officers, and the latter may hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within limits thus defined, the distribution shall always be carried out equitably.

ARTICLE 3

The said prisoners' representatives or their assistants shall be allowed to go to the points of arriva relief supplies near their camps, so as to enable the prisoners' representatives or their assistants to ve the quality as well as the quantity of the goods received, and to make out detailed reports thereon for donors.

ARTICLE 4

Prisoners' representatives shall be given the facilities necessary for verifying whether the distribution collective relief in all sub-divisions and annexes of their camps has been carried out in accordance w their instructions.

ARTICLE 5

Prisoners' representatives shall be allowed to fill up, and cause to be filled up by the prisone representatives of labour detachments or by the senior medical officers of infirmaries and hospit forms or questionnaires intended for the donors, relating to collective relief supplies (distributi requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to donors without delay.

ARTICLE 6

In order to secure the regular issue of collective relief to the prisoners of war in their camp, and to m any needs that may arise from the arrival of new contingents of prisoners, prisoners' representati shall be allowed to build up and maintain adequate reserve stocks of collective relief. For this purpo they shall have suitable warehouses at their disposal; each warehouse shall be provided with two loc the prisoners' representative holding the keys of one lock and the camp commander the keys of other.

ARTICLE 7

When collective consignments of clothing are available each prisoner of war shall retain in possession at least one complete set of clothes. If a prisoner has more than one set of clothes, prisoners' representative shall be permitted to withdraw excess clothing from those with the larg number of sets, or particular articles in excess of one, if this is necessary in order to supply prison who are less well provided. He shall not, however, withdraw second sets of underclothing, socks footwear, unless this is the only means of providing for prisoners of war with none.

ARTICLE 8

The High Contracting Parties, and the Detaining Powers in particular, shall authorize, as far as possi and subject to the regulations governing the supply of the population, all purchases of goods made their territories for the distribution of collective relief to prisoners of war. They shall similarly facili the transfer of funds and other financial measures of a technical or administrative nature taken for purpose of making such purchases.

ARTICLE 9

The foregoing provisions shall not constitute an obstacle to the right of prisoners of war to rece collective relief before their arrival in a camp or in the course of transfer, nor to the possibility representatives of the Protecting Power, the International Committee of the Red Cross, or any ot body giving assistance to prisoners which may be responsible for the forwarding of such suppl ensuring the distribution thereof to the addressees by any other means that they may deem useful.

ANNEX IV

A. IDENTITY CARD

(see Article 4)

Remarks.-This card should be made out for preference in two or three languages, one of which is international use. Actual size of card: 13 by 10 centimetres. It should be folded along the dotted line.

ANNEX IV

B. CAPTURE CARD

(see Article 71)

1. Front

PRISONER OF WAR MAIL Postage free

CAPTURE CARD FOR PRISONER OF WAR

IMPORTANT

This card must be completed by each prisoner immediately after being taken prisoner and each time address is changed (by reason of transfer to a hospital or to another camp).

This card is distinct from the special card which each prisoner is allowed to send to his relatives.

CENTRAL PRISONERS

OF WAR AGENCY

INTERNATIONAL COMMITTEE

OF THE RED CROSS

GENEVA

SWITZERLAND

2. Reverse side

Write legibly and in 1. Power on which the

block letters prisoner depends ............................................

2. Name 3. First names (in full) 4. First name of father

........................................................................................................................................................

5. Date of birth ..........................................6. Place of birth .........................................................

7. Rank ..........................................................................................................................................

8. Service Number ........................................................................................................................

9. Address of next of kin ..............................................................................................................

*10. Taken prisoner on: (or)

Coming from (Camp No., hospital, etc) ...............................................................................

*11. (a) Good health- (b) Not wounded- (c) Recovered- (d) Convalescent- (e) Sick- ( f ) Slightly wounded- (g) Seriously wounded.

12. My present address is: ................................................. Prisoner No ..................................... Name of camp ......................................................................................................................

13. Date ......................................................... 14. Signature .......................................................

*Strike out what is not applicable-Do not add any remarks-See explanations overleaf. Remarks.-This form should be made out in two or three languages, particulary in the prisoner's o language and in that of the Detaining Power. Actual size: 15 by 10.5 centimetres.

ANNEX IV

C. CORRESPONDENCE CARD AND LETTER

(see Article 71)

1. Front 1. CARD

Prisoner of War Mail Postage free POST CARD

To ....................................................................................................

Sender: ....................................................................................

Name and first names

...............................................................

Place and date of birth

............................................................... Place of Destination ....................................................................................

Prisoner of War No.

...............................................................

Street ..........................................................................

Name of camp

...............................................................

Country ..........................................................

Country where posted

...............................................................

Department or province .............................................

2. Reverse side.

NAME OF CAMP ................................................................ Date: .....................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

Write on the dotted lines only and as legibly as possible.

Remarks. - This form should be made out in two or three languages, particularly in the prisoner's o language and in that of the Detaining Power. Actual size of form 15 by 10 centimetres.

ANNEX IV

C. CORRESPONDENCE CARD AND LETTER

(see Article 71)

Remarks. - This form should be made out in two or three laguages, particularly in the prisoner's o language and in that of the Detaining Power. It should be folded along the dotted line, the tab be inserted in the slit (marked by a line of asterisks); it then has the appearance of an envelope. Overlea is lined like a postcard above (Annex IV C1); this space can contain about 250 words which the priso is free to write. Actual size of the folded form: 29 by 15 centimetres.

ANNEX IV

D. NOTIFICATION OF DEATH

(see Article 120)

(Title of responsible

authority) NOTIFICATION OF DEATH

Power on which the prisoner depended........................................................

Name and first names ..............................................................................................................................

First name of father ..........................................................................

Place and date of birth ..........................................................................

Place and date of death ..........................................................................

Rank and service number (as given on iden disc) ..........................................................................

Address of next of kin ..........................................................................

Where and when taken prisoner ..........................................................................

Cause and circumstances of death ..........................................................................

Place of burial ..........................................................................

Is the grave marked and can it be found later by relatives? ..........................................................................

Are the personal effects of the deceased in the keeping of the Detaining Power or are they be forwarded together with this notification? .......................................................................... ..........................................................................

..........................................................................

If forwarded, through what agency? ...........................................................................

Can the person who cared for the deceased during sickness or during his last moments (doctor, nu minister of religion, fellow prisoner) give here or on an attached sheet a short account of circumstances of the death and burial? .......................................................................... ..........................................................................

..........................................................................

..........................................................................

..........................................................................

(Date, seal and signature of responsible authority.)

............................................................................... Signature and address of two witnesses

Remarks. - This form should be made out in two or three languages, particularly in the prisoner's o language and in that of the Detaining Power. Actual size of form 21 by 30 centimetres.

ANNEX IV

E. REPATRIATION CERTIFICATE

(see Annex II, Article 11)

REPATRIATION CERTIFICATE

Date:

Camp:

Hospital:

Surname:

First names:

Date of birth:

Rank:

Army number: P.W. number:

Injury-Disease:

Decision of the Commission:

Chairman of the

Mixed Medical Commission

A = direct repatriation

B = accommodation in a neutral country

NC = re-examination by next Commission

ANNEX V

MODEL REGULATIONS CONCERNING PAYMENTS SENT BY PRISONERS TO THEIR OW

COUNTRY

(see Article 63)

(1) The notification referred to in the third paragraph of Article 63 will show:

(a) number as specified in Article 17, rank, surname and first names of the prisoner of w who is the payer;

(b) the name and address of the payee in the country of origin;

(c) the amount to be so paid in the currency of the country in which he is detained.

(2) The notification will be signed by the prisoner of war, or his witnessed mark made up it if he cannot write, and shall be countersigned by the prisoners' representative.

(3) The camp commander will add to this notification a certificate that the prisoner of w concerned has a credit balance of not less than the amount registered as payable.

(4) The notification may be made up in lists, each sheet of such lists witnessed by prisoner's representative and certified by the camp commander.

FOURTH SCHEDULE (Section 3)

GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIM OF WAR OF AUGUST 12, 1949

[The sidenotes and the Arrangement of Articles below form no part of the Convention and have b inserted for ease of reference only.]

ARRANGEMENT OF ARTICLES

Part I

General Provisions

ARTICLE 1. - Respect for the Convention

ARTICLE 2. - Application of the Convention

ARTICLE 3. - Conflicts not of an international character

ARTICLE 4. - Definition of protected persons

ARTICLE 5. - Derogations

ARTICLE 6. - Beginning and end of application

ARTICLE 7. - Special agreements

ARTICLE 8. - Non-renunciation of rights

ARTICLE 9. - Protecting Powers

ARTICLE 10. - Activities of the International Committee of the Red Cross

ARTICLE 11. - Substitutes for Protecting Powers

ARTICLE 12. - Conciliation procedure

Part II

General Protection of Populations against certain consequences of war

ARTICLE 13. - Field of application of Part II

ARTICLE 14. - Hospital and safety zones and localities

ARTICLE 15. - Neutralized zones

ARTICLE 16. - Wounded and sick:

I. General protection

ARTICLE 17. - II. Evacuation

ARTICLE 18. - III. Protection of hospitals

ARTICLE 19. - IV. Discontinuance of protection of hospitals

ARTICLE 20. - V. Hospital staff

ARTICLE 21. - VI. Land and sea transport

ARTICLE 22 - VII. Air transport

ARTICLE 23 - Consignments of medical supplies, food and clothing

ARTICLE 24. - Measures relating to child welfare

ARTICLE 25. - Family news

ARTICLE 26. - Dispersed families

Part III

Status and Treatment of Protected Persons

Section I. - Provisions common to the Territories of the Parties to the Conflict and to Occup Territories

ARTICLE 27. - Treatment:

I. General observations

ARTICLE 28. - I. Danger zones

ARTICLE 29. - III. Responsibilities

ARTICLE 30. - Applications to Protecting Powers and relief organizations

ARTICLE 31. - Prohibition of coercion

ARTICLE 32. - Prohibition of corporal punishment, torture, etc.

ARTICLE 33. - Individual responsibility, collective penalties, pillage, reprisals

ARTICLE 34. - Hostages

Section II. - Aliens in the Territory of a Party to the Conflict

ARTICLE 35. - Right to leave the territory ARTICLE 36. - Method of repatriation ARTICLE 37 - Persons in confinement

ARTICLE 38. - Non-repatriated persons:

I. General observations

ARTICLE 39. - II. Means of existence

ARTICLE 40. - III. Employment

ARTICLE 41. - IV. Assigned residence. Internment

ARTICLE 42. - V. Grounds for internment or assigned residence. Voluntary internment

ARTICLE 43. - VI. Procedure

ARTICLE 44. - VII. Refugees

ARTICLE 45. - VIII. Transfer to another Power

ARTICLE 46. - Cancellation of restrictive measures

Section III. - Occupied Territories

ARTICLE 47. - Inviolability of rights

ARTICLE 48. - Special cases of repatriation

ARTICLE 49. - Deportations, transfers, evacuations

ARTICLE 50. - Children

ARTICLE 51. - Enlistment Labour

ARTICLE 52. - Protection of workers

ARTICLE 53. - Prohibited destruction

ARTICLE 54. - Judges and public officials

ARTICLE 55. - Food and medical supplies for the population

ARTICLE 56. - Hygiene and public health

ARTICLE 57. - Requisition of hospitals ARTICLE 58. - Spiritual assistance ARTICLE 59. - Relief:

I. Collective relief

ARTICLE 60. - II. Responsibilities of the Occupying Power

ARTICLE 61. - III. Distribution

ARTICLE 62. - IV. Individual relief

ARTICLE 63. - National Red Cross and other relief societies ARTICLE 64. - Penal legislation I. General observations

ARTICLE 65. - II. Publication

ARTICLE 66. - III. Competent courts

ARTICLE 67. - IV. Applicable provisions

ARTICLE 68. - V. Penalties. Death penalty

ARTICLE 69. - VI. Deduction from sentence of period spent under arrest ARTICLE 70. - VII. Offences committed before occupation ARTICLE 71. - Penal procedure:

I. General observations

ARTICLE 70. - II. Right of defence

ARTICLE 73. - III. Right of appeal

ARTICLE 74. - IV. Assistance by the Protecting Power

ARTICLE 75. - V. Death sentence

ARTICLE 76. - Treatment of detainees

ARTICLE 77. - Handing over of detainees at the close of occupation

ARTICLE 78. - Security measures. Internment and assigned residence. Right of appeal

Section IV. - Regulations for the Treatment of Internees

Chapter I.- General Provisions

ARTICLE 79. - Cases of internment and applicable provisions

ARTICLE 80. - Civil capacity

ARTICLE 81. - Maintenance

ARTICLE 82. - Grouping of internees

Chapter II. - Places of Internment

ARTICLE 83. - Location of places of internment. Marking of camps

ARTICLE 84. - Separate internment

ARTICLE 85. - Accommodation, hygiene

ARTICLE 86. - Premises for religious services

ARTICLE 87. - Canteens

ARTICLE 88. - Air raid shelters. Protective measures

Chapter III. - Food and Clothing ARTICLE 89. - Food

ARTICLE 90. - Clothing

Chapter IV. - Hygiene and Medical Attention ARTICLE 91. - Medical attention

ARTICLE 92. - Medical inspections

Chapter V. - Religious, Intellectual and Physical Activities ARTICLE 93. - Religious duties

ARTICLE 94. - Recreation, study, sports and games

ARTICLE 95. - Working conditions

ARTICLE 96. - Labour detachments

Chapter VI. - Personal Property and Financial Resources

ARTICLE 97. - Valuables and personal effects

ARTICLE 98. - Financial resources and individual accounts

Chapter VII. - Administration and Discipline

ARTICLE 99. - Camp administration. Posting of the Convention and of orders

ARTICLE 100. - General discipline ARTICLE 101. - Complaints and petitions ARTICLE 102. - Internee committees:

I. Election of members

ARTICLE 103. - II. Duties

ARTICLE 104. - III. Prerogatives

Chapter VIII. - Relations with the Exterior

ARTICLE 105. - Notification of measures taken

ARTICLE 106. - Internment card ARTICLE 107. - Correspondence

ARTICLE 108. - Relief shipments:

I. General principles

ARTICLE 109. - II. Collective relief

ARTICLE 110. - III. Exemption from postal and transport charges

ARTICLE 111. - Special means of transport

ARTICLE 112. - Censorship and examination

ARTICLE 113. - Execution and transmission of legal documents ARTICLE 114. - Management of property

ARTICLE 115. - Facilities for preparation and conduct of cases

ARTICLE 116. - Visits

Chapter IX. - Penal and Disciplinary Sanctions

ARTICLE 117. - General provisions. Applicable legislation

ARTICLE 118. - Penalties

ARTICLE 119. - Disciplinary punishments ARTICLE 120. - Escapes

ARTICLE 121. - Connected offences

ARTICLE 122. - Investigations. Confinement awaiting hearing

ARTICLE 123. - Competent authorities. Procedure

ARTICLE 124. - Premises for disciplinary punishments

ARTICLE 125. - Essential safeguards

ARTICLE 126. - Provisions applicable to judicial proceedings

Chapter X. - Transfers of Internees ARTICLE 127. - Conditions

ARTICLE 128. - Method

Chapter XI. - Deaths

ARTICLE 129. - Wills, Death certificates

ARTICLE 130. - Burial, Cremation

ARTICLE 131. - Internees killed or injured in special circumstances

Chapter XII. - Release, Repatriation and Accommodation in Neutral Countries

ARTICLE 132 - During hostilities or occupation

ARTICLE 133 - After the close of hostilities

ARTICLE 134 - Repatriation and return to last place of residence

ARTICLE 135 - Costs

Section V.- Information Bureaux and Central Agency ARTICLE 136 - National Bureaux

ARTICLE 137 - Transmission of information ARTICLE 138 - Particulars required

ARTICLE 139 - Forwarding of personal valuables

ARTICLE 140- Central Agency

ARTICLE 141 - Exemption from charges

Part IV

Execution of the Convention

Section I. - General Provisions

ARTICLE 142 - Relief societies and other organizations

ARTICLE 143. - Supervision

ARTICLE 144. - Dissemination of the Convention ARTICLE 145. - Translations. Rules of application ARTICLE 146. - Penal sanctions:

I. General observations

ARTICLE 147. - II. Grave breaches

ARTICLE 148. - III. Responsibilities of the Contracting Parties

ARTICLE 149. - Enquiry procedure

Section II. - Final Provisions

ARTICLE 150. - Languages ARTICLE 151. - Signature

ARTICLE 152. - Ratification

ARTICLE 153. - Coming into force

ARTICLE 154. - Relation with the Hague Conventions

ARTICLE 155. - Accession

ARTICLE 156. - Notification of accessions

ARTICLE 157. - Immediate effect

ARTICLE 158. - Denunciation

ARTICLE 159. - Registration with the United Nations

Annex I

Draft Agreement relating to Hospital and Safety Zones and Localities

Annex II

Draft Regulations concerning Collective Relief

Annex III

Internment Card

Letter

Correspondence Card

GENEVA CONVENTION RELATIVE TO THE

PROTECTION OF CIVILIAN PERSONS IN TIME

OF WAR OF AUGUST 12, 1949

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention for Protection of Civilians in Time of War, have agreed as follows:

PART I

GENERAL PROVISIONS ARTICLE 1

Respect for the Convention

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in circumstances.

ARTICLE 2

Application of the Convention

In addition to the provisions which shall be implemented in peacetime, the present Convention sh apply to all cases of declared war or of any other armed conflict which may arise between two or m 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 H 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 w are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

ARTICLE 3

Conflicts not of an international character

In the case of armed conflict not of an international character occurring in the territory of one of High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces w have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any ot cause, shall in all circumstances be treated humanely, without any adverse distinction founded on ra colour, religion or faith, sex, birth or health, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatm 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 judgem pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised 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 services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreeme 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 conflic

ARTICLE 4

Definition of protected persons

Persons protected by the Convention are those who, at a given moment and in any manner whatsoev find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupy 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 neu State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent St shall not be regarded as protected persons while the State of which they are nationals has norm 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 Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for

Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of Aug 12, 1949, shall not be considered as protected persons within the meaning of the present Convention. ARTICLE 5 Derogations

Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected per is definitely suspected of or engaged in activities hostile to the security of the State, such individ person shall not be entitled to claim such rights and privileges under the present Convention as would 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 a person under definite suspicion of activity hostile to the security of the Occupying Power, such per shall, in those cases where absolute military security so requires, be regarded as having forfeited rig of communication under the present Convention.

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also granted the full rights and privileges of a protected person under the present Convention at the earl date consistent with the security of the State or occupying Power, as the case may be.

ARTICLE 6

Beginning and end of application

The present Convention shall apply from the outset of any conflict or occupation mentioned in Article In the territory of Parties to the conflict, the application of the present Convention shall cease on general close of military operations.

In the case of occupied territory, the application of the present Convention shall cease one year after general close of military operations; however, the Occupying Power shall be bound, for the duration the occupation, to the extent that such Power exercises the functions of government in such territory, the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 53, 59, 61 to 77, 143.

Protected persons whose release. repatriation or re-establishment may take place after such dates sh meanwhile continue to benefit by the present Convention.

ARTICLE 7

Special agreements

In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, and 149, the High Contracting parties may conclude other special agreements for all matters concern which they may deem it suitable to make separate provision. No special agreement shall adversely aff the situation of protected persons, as defined by the present Convention, nor restrict the right whic confers upon them.

Protected persons shall continue to have the benefit of such agreements as long as the Convention applicable to them, except where express provisions to the contrary are contained in the aforesaid o subsequent agreements, or where more favourable measures have been taken with regard to them by or other of the Parties to the conflict.

ARTICLE 8

Non-renunciation of rights

Protected persons may in no circumstances renounce in part or in entirety the rights secured to them the present Convention, and by the special agreements referred to in the foregoing Article, if such th be.

ARTICLE 9

Protecting Powers

The present Convention shall be applied with the cooperation and under the scrutiny of the Protect Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amon their own national or the nationals of other neutral Powers. The said delegates shall be subject to 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 representative delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their miss under the present Convention. They shall, in particular, take account of the imperative necessities security of the State wherein they carry out their duties.

ARTICLE 10

Activities of the International Committee of the Red Cross

The provisions of the present Convention constitute no obstacle to the humanitarian activities which International Committee of the Red Cross or any other impartial humanitarian organization may, sub to the consent of the Parties to the conflict concerned, undertake for the protection of civilian pers and for their relief.

ARTICLE 11

Substitutes for Protecting Powers

The High Contracting Parties may at any time agree to entrust to an international organization wh offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by vir of the present Convention.

When persons protected by the present Convention do not benefit or cease to benefit, no matter for w reason, by the activities of a Protecting Power or of an organization provided for in the first paragr above, the Detaining Power shall request a neutral State, or such an organization, to undertake functions performed under the present Convention by a Protecting Power designated by the Parties t conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, sub to the provisions of this Article, the offer of the services of a humanitarian organization, such as International Committee of the Red Cross, to assume the humanitarian functions performed Protecting Powers under the present Convention.

Any neutral Power or any organization invited by the Power concerned or offering itself for th purposes, shall be required to act with a sense of responsibility towards the Party to the conflict which persons protected by the present Convention depend, and shall be required to furnish suffici assurances that it is in a position to undertake the appropriate functions and to discharge th impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies reason of military events, more particularly where the whole, or a substantial part, of the territory of said Power is occupied.

Whenever in the present Convention mention is made of a Protecting Power, such mention applies 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 in occupied territory or who find themselves in the territory of a belligerent State in which the State which they are nationals has no normal diplomatic representation.

ARTICLE 12

Conciliation procedure

In cases where they deem it advisable in the interests of protected persons, particularly in cases disagreements between the Parties to the conflict as to the application or interpretation of the provisi of the present Convention, the Protecting Powers shall lend their good offices with a view to settling disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its o initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Partie the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protect Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging t neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited take part in such a meeting.

PART II

GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WA ARTICLE 13

Field of application of Part II

The provisions of Part II cover the whole of the populations of the countries in conflict, without adverse distinction based, in particular, on race, nationality, religion or political opinion, and intended to alleviate the sufferings caused by war.

ARTICLE 14

Hospital and safety zones and localities

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties ther may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zo and localities so organised as to protect from the effects of war, wounded, sick and aged perso 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 agreeme on mutual recognition of the zones and localities they have created. They may for this purp implement the provisions of the Draft Agreement annexed to the present Convention, with s amendments as they may consider necessary.

The Protecting Powers and the International Committee of the Red Cross are invited to lend their go offices in order to facilitate the institution and recognition of these hospital and safety zones localities.

ARTICLE 15

Neutralized zones

Any Party to the conflict may, either direct or through a neutral State or some humanitar organization, propose to the adverse Party to establish, in regions where fighting is taking pla 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 zon perform no work of a military character.

When the Parties concerned have agreed upon the geographical position, administration, food sup and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed the representatives of the Parties to the conflict. The agreement shall fix the beginning and the durat of the neutralization of the zone.

ARTICLE 16

Wounded and sick

I. General protection

The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particu protection and respect.

As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to sea for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and protect them against pillage and ill-treatment.

ARTICLE 17

II. Evacuation

The Parties to the conflict shall endeavour to conclude local agreements for the removal from besie or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for passage of ministers of all religions, medical personnel and medical equipment on their way to s areas.

ARTICLE 18

III. Protection of Hospitals

Civilian hospitals organised to give care to the wounded and sick, the infirm and maternity cases, may no circumstances be the object of attack but shall at all times be respected and protected by the Partie the conflict.

States which are Parties to a conflict shall provide all civilian hospitals with certificates showing t they are civilian hospitals and that the buildings which they occupy are not used for any purpose wh 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 Gen Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in 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 step make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air 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, i recommended that such hospitals be situated as far as possible from such objectives.

ARTICLE 19

IV. Discontinuance of protection of hospitals

The protection to which civilian hospitals are entitled shall not cease unless they are used to comm outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only a due warning has been given, naming, in all appropriate cases, a reasonable time limit and after s warning has remained unheeded.

The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the prese of small arms and ammunition taken from such combatants which have not yet been handed to proper service, shall not be considered to be acts harmful to the enemy. ARTICLE 20 V. Hospital staff

Persons regularly and solely engaged in the operation and administration of civilian hospitals, includ the personnel engaged in the search for, removal and transporting of and caring for wounded and s 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 recognisable means of an identity card certifying their status, bearing the photograph of the holder and embossed w the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet wh they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the S and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration 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 entitled to respect and protection and to wear the armlet, as provided in and under the conditi prescribed in this Article, while they are employed on such duties. The identity card shall state the du on which they are employed.

The management of each hospital shall at all times hold at the disposal of the competent natio occupying authorities an up-to-date list of such personnel.

ARTICLE 21

VI. Land and sea transport

Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying woun and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manne the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by display of the distinctive emblem provided for in Article 38 of the Geneva Convention for Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 1949.

ARTICLE 22

VII. Air transport

Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and matern cases or of the transport of medical personnel and equipment, shall not be attacked, but shall respected while flying at heights, times and on routes specifically agreed upon between all the Partie the conflict concerned.

They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convent for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of Aug 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 w its occupants may continue its flight after examination, if any.

ARTICLE 23

Consignment of medical supplies, food and clothing

Each High Contracting Party shall allow the free passage of all consignments of medical and hosp stores and objects necessary for religious worship intended only for civilians of another H Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expect mothers and maternity cases.

The obligation of a High Contracting Party to allow the free passage of the consignments indicated the preceding paragraph is subject to the condition that this Party is satisfied that there are no seri 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 ene through the substitution of the above-mentioned consignments for goods which would otherwise provided or produced by the enemy or through the release of such material, services or facilities 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 Art may make such permission conditional on the distribution to the persons benefited thereby being m under the local supervision of the Protecting Powers.

Such consignments shall be forwarded as rapidly as possible, and the Power which permits their f passage shall have the right to prescribe the technical arrangements under which such passage is allow ARTICLE 24

Measures relating to child welfare

The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, w are orphaned or are separated from their families as a result of the war, are not left to their o resources, and that their maintenance, the exercise of their religion and their education are facilitated all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultu tradition.

The Parties to the conflict shall facilitate the reception of such children in a neutral country for duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards 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 wearing of identity discs, or by some other means.

ARTICLE 25 Family news

All persons in the territory of a Party to the conflict, or in a territory news occupied by it, shall enabled to give news of a strictly personal nature to members of their families, wherever they may and to receive news from them. This correspondence shall be forwarded speedily and without un delay.

If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure fulfilment of their obligations under the best possible conditions, in particular with the cooperation 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 restriction shall confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to limitation of the number of these forms despatched to one each month.

ARTICLE 26

Dispersed families

Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to war, with the object of renewing contact with one another and of meeting, if possible. It shall encoura in particular, the work of organisations engaged on this task provided they are acceptable to it 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 A

TO OCCUPIED TERRITORIES

ARTICLE 27

Treatment

I. General observations

Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their fam rights, their religious convictions and practices, and their manners and customs. They shall at all tim be humanely treated, and shall be protected especially against all acts of violence or threats thereof against insults and public curiosity.

Women shall be especially protected against any attack on their honour, in particular against ra enforced prostitution, or any form of indecent assault.

Without prejudice to the provisions relating to their state of health, age and sex, all protected pers shall be treated with the same consideration by the Party to the conflict in whose power they are, with 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 protected persons as may be necessary as a result of the war.

ARTICLE 28

II. Danger zones

The presence of a protected person may not be used to render certain points or areas immune fr military operations.

ARTICLE 29

III. Responsibilities

The Party to the conflict in whose hands protected persons may be, is responsible for the treatm accorded to them by its agents, irrespective of any individual responsibility which may be incurred.

ARTICLE 30

Application to Protecting Powers and relief organizations

Protected persons shall have every facility for making application to the Protecting Powers, International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and S 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 bounds set by military or security considerations.

Apart from the visits of the delegates of the Protecting Powers and of the International Committee of Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much possible visits to protected persons by the representatives of other organizations whose object is to g spiritual aid or material relief to such persons.

ARTICLE 31

Prohibition of coercion

No physical or moral coercion shall be exercised against protected persons, in particular to obt information from them or from third parties. ARTICLE 32

Prohibition of corporal punishment, torture, etc.

The High Contracting Parties specifically agree that each of them is prohibited from taking any meas of such a character as to cause the physical suffering or extermination of protected persons in th hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and med or scientific experiments not necessitated by the medical treatment of a protected person, but also to other measures of brutality whether applied by civilian or military agents.

ARTICLE 33

Individual responsibility, collective penalties, pillage, reprisals

No protected person may be punished for an offence he or she has not personally committed. Collect 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

Hostages

The taking of hostages is prohibited.

SECTION II

ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT

ARTICLE 35

Right to leave the territory

All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall entitled to do so, unless their departure is contrary to the national interests of the State. The applicati of such persons to leave shall be decided in accordance with regularly established procedures and decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themsel with the necessary funds for their journey and take with them a reasonable amount of their effects articles of personal use.

If any such person is refused permission to leave the territory, he shall be entitled to have such refu reconsidered as soon as possible by an appropriate court or administrative board designated by Detaining Power for that purpose.

Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or persons concerned object, be furnished with the reasons for refusal of any request for permission leave the territory and be given, as expeditiously as possible, the names of all persons who have b denied permission to leave.

ARTICLE 36

Method of repatriation

Departures permitted under the foregoing Article shall be carried out in satisfactory conditions regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exi the territory of the Detaining Power, shall be borne by the country of destination, or, in the case accommodation in a neutral country, by the Power whose nationals are benefited. The practical detail 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 conflict concerning the exchange and repatriation of their nationals in enemy hands.

ARTICLE 37

Persons in confinement

Protected persons who are confined pending proceedings or subject to a sentence involving loss 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 forego Articles.

ARTICLE 38

Non-repatriated persons I. General observations

With the exception of special measures authorised by the present Convention, in particular by Artic 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by provisions concerning aliens in time of peace. In any case, the following rights shall be granted to the

(1) They shall be enabled to receive the individual or collective relief that may be sen them.

(2) They shall, if their state of health so requires, receive medical attention and hosp 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 fr ministers of their faith.

(4) If they reside in an area particularly exposed to the dangers of war, they shall authorised to move from that area to the same extent as the nationals of the State concerned.

(5) Children under fifteen years, pregnant women and mothers of children under seven ye shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.

ARTICLE 39

II. Means of existence

Protected persons who, as a result of the war, have lost their gainful employment, shall be granted opportunity to find paid employment. That opportunity shall, subject to security considerations and the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territ they are.

Where a Party to the conflict applies to a protected person methods of control which result in his be unable to support himself, and especially if such a person is prevented for reasons of security fr finding paid employment on reasonable conditions, the said Party shall ensure his support and that of dependants.

Protected persons may in any case receive allowances from their home country, the Protecting Power the relief societies referred to in Article 30.

ARTICLE 40

III. Employment

Protected persons may be compelled to work only to the same extent as nationals of the Party to conflict in whose territory they are.

If protected persons are of enemy nationality, they may only be compelled to do work which is norma necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and whic not directly related to the conduct of military operations.

In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall h the benefit of the same working conditions and of the same safeguards as national workers, in particu as regards wages, hours of labour, clothing and equipment, previous training and compensation occupational accidents and diseases.

If the above provisions are infringed, protected persons shall be allowed to exercise their right complaint in accordance with Article 30.

ARTICLE 41

IV. Assigned residence Internment

Should the Power in whose hands protected persons may be consider the measures of control mentio in the present Convention to be inadequate, it may not have recourse to any other measure of con more severe than that of assigned residence or internment, in accordance with the provisions of Artic 42 and 43.

In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave th usual places of residence by virtue of a decision placing them in assigned residence elsewhere, Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part Section IV of this Convention.

ARTICLE 42

V. Grounds for internment or assigned residence

Voluntary internment

The internment or placing in assigned residence of protected persons may be ordered only if the secu of the Detaining Power makes it absolutely necessary.

If any person, acting through the representatives of the Protecting Power, voluntarily dema internment, and if his situation renders this step necessary, he shall be interned by the Power in wh hands he may be.

ARTICLE 43

VI. Procedure

Any protected person who has been interned or placed in assigned residence shall be entitled to h such action reconsidered as soon as possible by an appropriate court or administrative board designa by the Detaining Power for that purpose. If the internment or placing in assigned residence maintained, the court or administrative board shall periodically, and at least twice yearly, g consideration to his or her case, with a view to the favourable amendment of the initial decision circumstances permit.

Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, g the Protecting Power the names of any protected persons who have been interned or subjected assigned residence, or who have been released from internment or assigned residence. The decisions the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the sa conditions, be notified as rapidly as possible to the Protecting Power.

ARTICLE 44

VII. Refugees

In applying the measures of control mentioned in the present Convention, the Detaining Power shall treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refug who do not, in fact, enjoy the protection of any government.

ARTICLE 45

VIII. Transfer to another Power

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 th 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 present Convention and after the Detaining Power has satisfied itself of the willingness and ability such transferee Power to apply the present Convention. If protected persons are transferred under s circumstances, responsibility for the application of the present Convention rests on the Power accept them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of present Convention in any important respect, the Power by which the protected persons were transfer shall, upon being so notified by the Protecting Power, take effective measures to correct the situation 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 h 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 extradit treaties concluded before the outbreak of hostilities, of protected persons accused of offences aga ordinary criminal law.

ARTICLE 46

Cancellation of restrictive measures

In so far as they have been previously withdrawn, restrictive measures taken regarding protected pers 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 Detaining Power, as soon as possible after the close of hostilities.

SECTION III

OCCUPIED TERRITORIES

ARTICLE 47

Inviolability of rights

Protected persons who are in occupied territory shall not be deprived, in any case or in any man whatsoever, of the benefits of the present Convention by any change introduced, as the result of occupation of a territory, into the institutions or government of the said territory, nor by any agreem concluded between the authorities of the occupied territories and the Occupying Power, nor by annexation by the latter of the whole or part of the occupied territory.

ARTICLE 48

Special cases of repatriation

Protected persons who are not nationals of the Power whose territory is occupied, may avail themsel of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall taken in accordance with the procedure which the Occupying Power shall establish in accordance w the said Article.

ARTICLE 49

Deportations, transfers, evacuations

Individual or mass forcible transfers, as well as deportations of protected persons from occupied territ to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibit regardless of their motive.

Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if security of the population or imperative military reasons so demand. Such evacuations may not invo the displacement of protected persons outside the bounds of the occupied territory except when material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transfer 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 practica extent, that proper accommodation is provided to receive the protected persons, that the removals effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the sa family are not separated.

The Protecting Power shall be informed of any transfers and evacuations as soon as they have ta place.

The Occupying Power shall not detain protected persons in an area particularly exposed to the dang 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 territor occupies. ARTICLE 50

Children

The Occupying Power shall, with the cooperation of the national and local authorities, facilitate 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 registration of their parentage. It may not, in any case, change their personal status, nor enlist them formations or organizations subordinate to it.

Should the local institutions be inadequate for the purpose, the Occupying Power shall m arrangements for the maintenance and education, if possible by persons of their own national language and religion, of children who are orphaned or separated from their parents as a result of the w 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 necessary steps to identify children whose identity is in doubt. Particulars of their parents or other n relatives should always be recorded if available.

The Occupying Power should not hinder the application of any preferential measures in regard to fo medical care and protection against the effects of war which may have been adopted prior to occupation in favour of children under fifteen years, expectant mothers, and mothers of children un seven years. ARTICLE 51

Enlistment Labour

The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. 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 year age, and then only on work which is necessary either for the needs of the army of occupation, or public utility services, or for the feeding, sheltering, clothing, transportation or health of the populat of the occupied country. Protected persons may not be compelled to undertake any work which wo involve them in the obligation of taking part in military operations. The Occupying Power may compel protected persons to employ forcible means to ensure the security of the installations where t are performing compulsory labour.

The work shall be carried out only in the occupied territory where the persons whose services have b requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employm Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellect capacities. The legislation in force in the occupied country concerning working conditions, safeguards as regards, in particular, such matters as wages, hours of work, equipment, prelimin training and compensation for occupational accidents and diseases, shall be applicable to the protec 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 organisation of a military semi-military character.

ARTICLE 52

Protection of workers

No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not wherever he may be, to apply to the representatives of the Protecting Power in order to request the s Power's intervention.

All measures aimed at creating unemployment or at restricting the opportunities offered to workers in occupied territory, in order to induce them to work for the Occupying Power, are prohibited.

ARTICLE 53

Prohibited destruction

Any destruction by the Occupying Power of real or personal property belonging individually collectively to private persons, or to the State, or to other public authorities, or to social or cooperat organizations, is prohibited, except where such destruction is rendered absolutely necessary by milit operations.

ARTICLE 54

Judges and public officials

The Occupying Power may not alter the status of public officials or judges in the occupied territories in any way apply sanctions to or take any measures of coercion or discrimination against them, sho 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 affect the right of the Occupying Power to remove public officials from their posts.

ARTICLE 55

Food and medical supplies for the population

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the fo and medical supplies of the population; it should, in particular, bring in the necessary foodstu 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 occupied territory, except for use by the occupation forces and administration personnel, and then onl the requirements of the civilian population have been taken into account. Subject to the provisions other international Conventions, the Occupying Power shall make arrangements to ensure that fair va 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 supp in occupied territories, except where temporary restrictions are made necessary by imperative milit requirements. ARTICLE 56

Hygiene and public health

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring maintaining, with the co-operation of national and local authorities, the medical and hosp establishments and services, public health and hygiene in the occupied territory, with particu reference to the adoption and application of the prophylactic and preventive measures necessary combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall 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 operating there, the occupying authorities shall, if necessary, grant them the recognition provided fo Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hosp 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 t into consideration the moral and ethical susceptibilities of the population of the occupied territory.

ARTICLE 57

Requisition of hospitals

The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urg necessity for the care of military wounded and sick, and then on condition that suitable arrangements made in due time for the care and treatment of the patients and for the needs of the civilian populat for hospital accommodation.

The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for needs of the civilian population.

ARTICLE 58

Spiritual guidance

The Occupying Power shall permit ministers of religion to give spiritual assistance to the members their religious communities.

The Occupying Power shall also accept consignments of books and articles required for religious ne and shall facilitate their distribution in occupied territory.

ARTICLE 59

Relief. I. Collective relief

If the whole or part of the population of an occupied territory is inadequately supplied, the Occupy Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all means at its disposal.

Such schemes, which may be undertaken either by States or by impartial humanitarian organizati such as the International Committee of the Red Cross, shall consist, in particular, of the provision consignments of foodstuffs, medical supplies and clothing.

All Contracting Parties shall permit the free passage of these consignments and shall guarantee th protection.

A Power granting free passage to consignments on their way to territory occupied by an adverse party the conflict shall, however, have the right to search the consignments, to regulate their pass according to prescribed times and routes, and to be reasonably satisfied through the Protecting Pow that these consignments are to be used for the relief of the needy population and are not to be used the benefit of the Occupying Power.

ARTICLE 60

II. Responsibilities of the Occupying Power

Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities un Articles 55, 56 and 59. The Occupying Power shall in no way divert relief consignments from purpose for which they are intended, except in cases of urgent necessity, in the interests of population of the occupied territory and with the consent of the Protecting Power.

ARTICLE 61

III. Distribution

The distribution of the relief consignments referred to in the foregoing Articles shall be carried out w the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, agreement between the Occupying Power and the Protecting Power, to a neutral Power, to 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 unl these are necessary in the interests of the economy of the territory. The Occupying Power shall facili the rapid distribution of these consignments.

All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such re consignments on their way to occupied territories.

ARTICLE 62

IV. Individual relief

Subject to imperative reasons of security, protected persons in occupied territories shall be permitted receive the individual relief consignments sent to them.

ARTICLE 63

V. National Red Cross and other relief societies

Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupy Power:

(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be a to pursue their activities in accordance with Red Cross principles, as defined by the International R Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activi under similar conditions;

(b) the Occupying Power may not require any changes in the personnel or structure of th societies, which would prejudice the aforesaid activities.

The same principles shall apply to the activities and personnel of special organizations of a non-milit character, which already exist or which may be established, for the purpose of ensuring the liv conditions of the civilian population by the maintenance of the essential public utility services, by distribution of relief and by the organization of rescues.

ARTICLE 64

Penal legislation.

I. General observations

The penal laws of the occupied territory shall remain in force, with the exception that they may repealed or suspended by the Occupying Power in cases where they constitute a threat to its security an obstacle to the application of the present Convention. Subject to the latter consideration and to necessity for ensuring the effective administration of justice, the tribunals of the occupied territory sh 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 provisi which are essential to enable the Occupying Power to fulfil its obligations under the present Conventi to maintain the orderly government of the territory, and to ensure the security of the Occupying Pow of the members and property of the occupying forces or administration, and likewise of establishments and lines of communication used by them.

ARTICLE 65

II. Publication

The penal provisions enacted by the Occupying Power shall not come into force before they have b published and brought to the knowledge of the inhabitants in their own language. The effect of th penal provisions shall not be retroactive.

ARTICLE 66

III. Competent courts

In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Art 64, the Occupying Power may hand over the accused to its properly constituted, non-political milit courts, on condition that the said courts sit in the occupied country.

ARTICLE 67

IV. Applicable provisions

The courts shall apply only those provisions of laws which were applicable prior to the offence, which are in accordance with general principles of law, in particular the principle that the penalty sh be proportionate to the offence. They shall take into consideration the fact that the accused is no national of the Occupying Power.

ARTICLE 68

V. Penalties. Death penalty

Protected persons who commit an offence which is solely intended to harm the Occupying Power, which does not constitute an attempt on the life or limb of members of the occupying forces administration, nor a grave collective danger, nor seriously damage the property of the occupying for or administration or the installations used by them, shall be liable to internment or simple imprisonm provided the duration of such internment or imprisonment is proportionate to the offence committ Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted depriving protected persons of liberty. The courts provided for under Article 66 of the pres Convention may at their discretion convert a sentence of imprisonment to one of internment for the sa period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 m impose the death penalty on a protected person only in cases where the person is guilty of espionage serious acts of sabotage against the military installations of the Occupying Power or of internatio offences which have caused the death of one or more persons, provided that such offences w punishable by death under the law of the occupied territory in force before the occupation began. The death penalty may not be pronounced on a protected person unless the attention of the court been particularly called to the fact that since the accused is not a national of the Occupying Power, h not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced on a protected person who was under eight years of age at the time of the offence.

ARTICLE 69

VI. Deduction from sentence of period spent under arrest

In all cases the duration of the period during which a protected person accused of an offence is un arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded.

ARTICLE 70

VII. Offences committed before occuptation

Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for a committed or for opinions expressed before the occupation, or during a temporary interruption there 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 territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from occupied territory, except for offences committed after the outbreak of hostilities, or for offences un common law committed before the outbreak of hostilities which, according to the law of the occup State, would have justified extradition in time of peace.

ARTICLE 71

Penal procedure: I. General observations

No sentence shall be pronounced by the competent courts of the Occupying Power except after a regu trial.

Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing a language which they understand, of the particulars of the charges preferred against them, and shall brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedi instituted by the Occupying Power against protected persons in respect of charges involving the de penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain informat regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on requ to be furnished with all particulars of these and of any other proceedings instituted by the Occupy Power against protected persons.

The notification to the Protecting Power, as provided for in the second paragraph above, shall be s immediately, and shall in any case reach the Protecting Power three weeks before the date of the f hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article 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 wh it is brought);

(d) designation of the court which will hear the case; (e) place and date of the first hearing.

ARTICLE 72

II. Right of defence

Accused persons shall have the right to present evidence necessary to their defence and may, particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counse their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities preparing the defence.

Failing a choice by the accused, the Protecting Power may provide him with an advocate or coun When an accused person has to meet a serious charge and the Protecting Power is not functioning, 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 dur preliminary investigation and during the hearing in court. They shall have at any time the right to ob to the interpreter and to ask for his replacement.

ARTICLE 73

III. Right of appeal

A convicted person shall have the right of appeal provided for by the laws applied by the court. He sh 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 appe

Where the laws applied by the Court make no provision for appeals, the convicted person shall have right to petition against the finding and sentence to the competent authority of the Occupying Power.

ARTICLE 74

IV. Assistance by the Protecting Power

Representatives of the Protecting Power shall have the right to attend the trial of any protected pers unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the d 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 communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. T notification shall contain a reference to the notification made under Article 71 and, in the case sentences of imprisonment, the name of the place where the sentence is to be served. A record judgments other than those referred to above shall be kept by the court and shall be open to inspect by representatives of the Protecting Power. Any period allowed for appeal in the case of senten involving the death penalty, or imprisonment for two years or more, shall not run until notification judgment has been received by the Protecting Power.

ARTICLE 75

V. Death sentence

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 date of receipt by the Protecting Power of the notification of the final judgment confirming such de sentence, or of an order denying pardon or reprieve.

The six months period of suspension of the death sentence herein prescribed may be reduced individual cases in circumstances of grave emergency involving an organised threat to the security of Occupying Power or its forces, provided always that the Protecting Power is notified of such reduct and is given reasonable time and opportunity to make representations to the competent occupy authorities in respect of such death sentences.

ARTICLE 76

Treatment of detainees

Protected persons accused of offences shall be detained in the occupied country, and if convicted t shall serve their sentences therein. They shall, if possible, be separated from other detainees and sh enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and wh 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 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 Protect Power and of the International Committee of the Red Cross, in accordance with the provisions of Art 143.

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

ARTICLE 77

Handing over detainees at the close of occupation

Protected persons who have been accused of offences or convicted by the courts in occupied territo shall be handed over at the close of occupation, with the relevant records, to the authorities of liberated territory.

ARTICLE 78

Security measures. Internment and assigned residence. Right of appeal

If the Occupying Power considers it necessary, for imperative reasons of security, to take saf measures concerning protected persons, it may, at the most, subject them to assigned residence or internment.

Decisions regarding such assigned residence or internment shall be made according to a regu procedure to be prescribed by the Occupying Power in accordance with the provisions of the pres Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall decided with the least possible delay. In the event of the decision being upheld, it shall be subjec 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 en the full benefit of Article 39 of the present Convention.

SECTION IV

REGULATIONS FOR THE TREATMENT OF

INTERNEES

CHAPTER I

GENERAL PROVISIONS

ARTICLE 79

Cases of interment and applicable provisions

The Parties to the conflict shall not intern protected persons, except in accordance with the provision Articles 41, 42, 43, 68 and 78.

ARTICLE 80

Civil capacity

Internees shall retain their full civil capacity and shall exercise such attendant rights as may compatible with their status.

ARTICLE 81 Maintenance

Parties to the conflict who intern protected persons shall be bound to provide free of charge for th 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 repayment of these costs.

The Detaining Power shall provide for the support of those dependent on the internees, if s dependents are without adequate means of support or are unable to earn a living.

ARTICLE 82

Grouping of internees

The Detaining Power shall, as far as possible, accommodate the internees according to their national language and customs. Internees who are nationals of the same country shall not be separated mer because they have different languages.

Throughout the duration of their internment, members of the same family, and in particular parents children, shall be lodged together in the same place of internment, except when separation o temporary nature is necessitated for reasons of employment or health or for the purpose of enforcem of the provisions of Chapter IX of the present Section. Internees may request that their children who 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 given separate accommodation from other internees, together with facilities for leading a proper fam life.

CHAPTER II

PLACES OF INTERNMENT

ARTICLE 83

Location of places of internment. Marking of camps

The Detaining Power shall not set up places of internment in areas particularly exposed to the danger war.

The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Pow all useful information regarding the geographical location of places of internment.

Whenever military considerations permit, internment camps shall be indicated by the letters IC, pla so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree up any other system of marking. No place other than an internment camp shall be marked as such.

ARTICLE 84

Separate internment

Internees shall be accommodated and administered separately from prisoners of war and from pers deprived of liberty for any other reason.

ARTICLE 85

Accommodation, hygiene

The Detaining Power is bound to take all necessary and possible measures to ensure that protec persons shall, from the outset of their internment, be accommodated in buildings or quarters wh afford every possible safeguard as regards hygiene and health, and provide efficient protection aga the rigours of the climate and the effects of the war. In no case shall permanent places of internment situated in unhealthy areas or in districts the climate of which is injurious to the internees. In all ca where the district, in which a protected person is temporarily interned, is an unhealthy area or ha climate which is harmful to his health, he shall be removed to a more suitable place of internment rapidly as circumstances permit.

The premises shall be fully protected from dampness, adequately heated and lighted, in particu between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, 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 hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with suffici water and soap for their daily personal toilet and for washing their personal laundry; installations facilities necessary for this purpose shall be granted to them. Showers or baths shall also be availab 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 intern who are not members of a family unit in the same place of internment as men, the provision of separ sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory.

ARTICLE 86

Premises for religious services

The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premi suitable for the holding of their religious services.

ARTICLE 87 Canteens

Canteens shall be installed in every place of internment, except where other suitable facilities available. Their purpose shall be to enable internees to make purchases, at prices not higher than lo market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as wo 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 internm and administered for the benefit of the internees attached to such place of internment. The Inter Committee provided for in Article 102 shall have the right to check the management of the canteen of the said fund.

When a place of internment is closed down, the balance of the welfare fund shall be transferred to welfare fund of a place of internment for internees of the same nationality, or, if such a place does exist, to a central welfare fund which shall be administered for the benefit of all internees remaining the custody of the Detaining Power. In case of a general release, the said profits shall be kept by Detaining Power, subject to any agreement to the contrary between the Powers concerned.

ARTICLE 88

Air raid shelters. Protective measures

In all places of internment exposed to air raids and other hazards of war, shelters adequate in num and structure to ensure the necessary protection shall be installed. In case of alarms, the internees sh be free to enter such shelters as quickly as possible, excepting those who remain for the protection their quarters against the aforesaid hazards. Any protective measures taken in favour of the populat 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 Food

Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees i good state of health and prevent the development of nutritional deficiencies. Account shall also be ta of the customary diet of the internees.

Internees shall also be given the means by which they can prepare for themselves any additional food 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 t perform.

Expectant and nursing mothers and children under fifteen years of age, shall be given additional food proportion to their physiological needs.

ARTICLE 90

Clothing

When taken into custody, internees shall be given all facilities to provide themselves with the necess clothing, footwear and change of underwear, and later on, to procure further supplies if required. Sho any internees not have sufficient clothing, account being taken of the climate, and be unable to proc 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 th own clothes shall not be ignominious nor expose them to ridicule.

Workers shall receive suitable working outfits, including protective clothing, whenever the nature their work so requires.

CHAPTER IV

HYGIENE AND MEDICAL ATTENTION

ARTICLE 91

Medical attention

Every place of internment shall have an adequate infirmary, under the direction of a qualified doc where internees may have the attention they require, as well as appropriate diet. Isolation wards shall set aside for cases of contagious or mental diseases.

Maternity cases and internees suffering from serious diseases, or whose condition requires spe treatment, a surgical operation or hospital care, must be admitted to any institution where adequ 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 examinati The medical authorities of the Detaining Power shall, upon request, issue to every internee who undergone treatment an official certificate showing the nature of his illness or injury, and the durat and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Cen Agency provided for in Article 140.

Treatment, including the provision of any apparatus necessary for the maintenance of internees in go health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to internee.

ARTICLE 92

Medical inspections

Medical inspections of internees shall be made at least once a month. Their purpose shall be, particular, to supervise the general state of health, nutrition and cleanliness of internees, and to de contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections sh include, in particular, the checking of weight of each internee and, at least once a year, radiosco examination.

CHAPTER V

RELIGIOUS, INTELLECTUAL AND PHYSICAL

ACTIVITIES

ARTICLE 93

Religious duties

Internees shall enjoy complete latitude in the exercise of their religious duties, including the attenda at the services of their faith, on condition that they comply with the disciplinary routine prescribed the detaining authorities.

Ministers of religion who are interned shall be allowed to minister freely to the members of th community. For this purpose the Detaining Power shall ensure their equitable allocation amongst various places of internment in which there are internees speaking the same language and belonging the same religion. Should such ministers be too few in number, the Detaining Power shall provide th with the necessary facilities, including means of transport, for moving from one place to another, they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at libe to correspond on matters concerning their ministry with the religious authorities in the country detention and, as far as possible, with the international religious organizations of their faith. S correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It sh 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 th latter be too few in number, the local religious authorities of the same faith may appoint, in agreem with the Detaining Power, a minister of the internees' faith, or if such a course is feasible from denominational point of view, a minister of similar religion or a qualified layman. The latter shall en the facilities granted to the ministry he has assumed. Persons so appointed shall comply with regulations laid down by the Detaining Powers in the interests of discipline and security.

ARTICLE 94

Recreation, study, sports and games

The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports games amongst internees, whilst leaving them free to take part in them or not. It shall take all practica 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 subje The education of children and young people shall be ensured; they shall be allowed to attend scho either within the place of internment or outside.

Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpo sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall reserved for children and young people.

ARTICLE 95

Working conditions

The Detaining Power shall not employ internees as workers, unless they so desire. Employment wh if undertaken under compulsion by a protected person not in internment, would involve a breach Articles 40 or 50 of the present Convention, and employment on work which is of a degrading 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, subjec eight days' notice.

These provisions constitute no obstacle to the right of the Detaining Power to employ interned doct dentists and other medical personnel in their professional capacity on behalf of their fellow internees to employ internees for administrative and maintenance work in places of internment and to detail s persons for work in the kitchens or for other domestic tasks, or to require such persons to undert duties connected with the protection of internees against aerial bombardment or other war risks. internee may, however, be required to perform tasks for which he is, in the opinion of a medical offi physically unsuited.

The Detaining Power shall take entire responsibility for all working conditions, for medical attention, the payment of wages, and for ensuring that all employed internees receive compensation occupational accidents and diseases. The standards prescribed for the said working conditions and compensation shall be in accordance with the national laws and regulations, and with the exist practice; they shall in no case be inferior to those obtaining for work of the same nature in the sa district. Wages for work done shall be determined on an equitable basis by special agreements betw the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Pow due regard being paid to the obligation of the Detaining Power to provide for free maintenance internees and for the medical attention which their state of health may require. Internees permanen detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wa by the Detaining Power. The working conditions and the scale of compensation for occupatio accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of same nature in the same district.

ARTICLE 96

Labour detachments

All labour detachments shall remain part of and dependent upon a place of internment. The compet authorities of the Detaining Power and the commandant of a place of internment shall be responsible the observance in a labour detachment of the provisions of the present Convention. The command shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate i the delegates of the Protecting Power, of the International Committee of the Red Cross and of ot humanitarian organisations who may visit the places of internment.

CHAPTER VI

PERSONAL PROPERTY AND FINANCIAL

RESOURCES

ARTICLE 97

Valuables and personal effects

Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., valuables in their possession may not be taken from them except in accordance with establis 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 amou may not be converted into any other currency unless legislation in force in the territory in which 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 fr them during internment and shall receive in currency the balance of any credit to their accounts kep accordance with Article 98, with exception of any articles or amounts withheld by the Detaining Pow by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receiv detailed receipt.

Family or identity documents in the possession of internees may not be taken away without a rece being given. At no time shall internees be left without identity documents. If they have none, they sh be issued with special documents drawn up by the detaining authorities, which will serve as th 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 purch coupons, to enable them to make purchases.

ARTICLE 98

Financial resources and individual accounts

All internees shall receive regular allowances, sufficient to enable them to purchase goods and artic such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purch coupons.

Furthermore, internees may receive allowances from the Power to which they owe allegiance, Protecting Powers, the organizations which may assist them, or their families, as well as the income their property in accordance with the law of the Detaining Power. The amount of allowances granted the Power to which they owe allegiance shall be the same for each category of internees (infirm, s pregnant women, etc.) but may not be allocated by the Power or distributed by the Detaining Power the basis of discriminations between internees which are prohibited by Article 27 of the pres Convention.

The Detaining Power shall open a regular account for every internee, to which shall be credited allowances named in the present Article, the wages earned and the remittances received, together w such sums taken from him as may be available under the legislation in force in the territory in which is interned. Internees shall be granted all facilities consistent with the legislation in force in s territory to make remittances to their families and to other dependants. They may draw from th accounts the amounts necessary for their personal expenses, within the limits fixed by the Detain Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies their accounts. A statement of accounts shall be furnished to the Protecting Power, on request, and sh accompany the internee in case of transfer.

CHAPTER VII

ADMINISTRATION AND DISCIPLINE

ARTICLE 99

Camp administration. Posting of the Convention and of orders

Every place of internment shall be put under the authority of a responsible officer, chosen from regular military forces or the regular civil administration of the Detaining Power. The officer in cha of the place of internment must have in his possession a copy of the present Convention in the offi language, or one of the official languages, of his country and shall be responsible for its application. T staff in control of internees shall be instructed in the provisions of the present Convention and of administrative measures adopted to ensure its application.

The text of the present Convention and the texts of special agreements concluded under the s Convention shall be posted inside the place of internment, in a language which the internees understa or shall be in the possession of the Internee Committee.

Regulations, orders, notices and publications of every kind shall be communicated to the internees 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 langu which they understand.

ARTICLE 100

General discipline

The disciplinary regime in places of internment shall be consistent with humanitarian principles, shall in no circumstances include regulations imposing on internees any physical exertion dangerou their health or involving physical or moral victimization. Identification by tattooing or imprinting si or markings on the body, is prohibited.

In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or reduction of food rations, are prohibited.

ARTICLE 101

Complaints and petitions

Internees shall have the right to present to the authorities in whose power they are, any petition w 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 t consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to th 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 la 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 s by the Internee Committees to the representatives of the Protecting Powers.

ARTICLE 102

Internee committees: I. Election of members

In every place of internment, the internees shall freely elect by secret ballot every six months, members of a Committee empowered to represent them before the Detaining and the Protecting Pow the International Committee of the Red Cross and any other organization which may assist them. T 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 detain authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Pow concerned. ARTICLE 103

II. Duties

The Internee Committees shall further the physical, spiritual and intellectual well-being of the interne In case the internees decide, in particular, to organise a system of mutual assistance amongst themselv this organisation would be within the competence of the Committees in addition to the special du entrusted to them under other provisions of the present Convention.

ARTICLE 104

III. Prerogatives

Members of Internee Committees shall not be required to perform any other work, if accomplishment of their duties is rendered more difficult thereby.

Members of Internee Committees may appoint from amongst the internees such assistants as they m require. All material facilities shall be granted to them, particularly a certain freedom of movem 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 p and telegraph with the detaining authorities, the Protecting Powers, the International Committee of Red Cross and their delegates, and with the organizations which give assistance to internees. Commi members in labour detachments shall enjoy similar facilities for communication with their Inter Committee in the principal place of internment. Such communications shall not be limited, 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 acqua their successors with current affairs.

CHAPTER VIII

RELATIONS WITH THE EXTERIOR

ARTICLE 105

Notification of measures taken

Immediately upon interning protected persons, the Detaining Power shall inform them, the Power which they owe allegiance and their Protecting Power of the measures taken for executing the provisi of the present Chapter. The Detaining Power shall likewise inform the Parties concerned of subsequent modifications of such measures.

ARTICLE 106

Internment card

As soon as he is interned, or at the latest not more than one week after his arrival in a place internment, and likewise in cases of sickness or transfer to another place of internment or to a hospi every internee shall be enabled to send direct to his family, on the one hand, and to the Central Age provided for by Article 140, on the other, an internment card similar, if possible, to the model anne to the present Convention, informing his relatives of his detention, address and state of health. The s cards shall be forwarded as rapidly as possible and may not be delayed in any way.

ARTICLE 107

Correspondence

Internees shall be allowed to send and receive letters and cards. If the Detaining Power deem necessary to limit the number of letters and cards sent by each internee, the said number shall not be l than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possi to the models annexed to the present Convention. If limitations must be placed on the corresponde addressed to internees, they may be ordered only by the Power to which such internees owe allegian possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasona 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 th relatives, or to give them news by the ordinary postal route, as well as those who are at a considera distance from their homes, shall be allowed to send telegrams, the charges being paid by them in currency at their disposal. They shall likewise benefit by this provision in cases which are recognized be urgent.

As a rule, internees' mail shall be written in their own language. The Parties to the conflict m authorize correspondence in other languages.

ARTICLE 108

Relief shipments

I. General principles

Internees shall be allowed to receive, by post or by any other means, individual parcels or collect shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and object a devotional, educational or recreational character which may meet their needs. Such shipments shal no way free the Detaining Power from the obligations imposed upon it by virtue of the pres Convention.

Should military necessity require the quantity of such shipments to be limited, due notice thereof sh be given to the Protecting Power and to the International Committee of the Red Cross, or to any ot 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 subject of special agreements between the Powers concerned, which may in no case delay the receipt the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical re supplies shall, as a rule, be sent in collective parcels.

ARTICLE 109

II. Collective relief

In the absence of special agreements between Parties to the conflict regarding the conditions for receipt and distribution of collective relief shipments, the regulations concerning collective relief wh are annexed to the present Convention shall be applied.

The special agreements provided for above shall in no case restrict the right of Internee Committee take possession of collective relief shipments intended for internees, to undertake their distribution to dispose of them in the interests of the recipients.

Nor shall such agreements restrict the right of representatives of the Protecting Powers, the Internatio Committee of the Red Cross, or any other organization giving assistance to internees and responsible the forwarding of collective shipments, to supervise their distribution to the recipients.

ARTICLE 110

III. Exemption from postal and transport charges

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, addres from other countries to internees or despatched by them through the post office, either direct or throu the Information Bureaux provided for in Article 136 and the Central Information Agency provided fo Article 140, shall be exempt from all postal dues both in the countries of origin and destination and intermediate countries. To this effect, in particular, the exemption provided by the Universal Po Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of ene nationality detained in camps or civilian prisons, shall be extended to the other interned pers protected by the present Convention. The countries not signatory to the above-mentioned agreeme 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 th weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Pow in all the territories under its control. Other Powers which are Parties to the present Convention sh bear the cost of transport in their respective territories.

Costs connected with the transport of such shipments, which are not covered by the above paragrap shall be charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegra sent by internees, or addressed to them.

ARTICLE 111

Special means of transport

Should military operations prevent the Powers concerned from fulfilling their obligation to ensure conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, Protecting Powers concerned, the International Committee of the Red Cross or any other organizat duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipme by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contract Parties shall endeavour to supply them with such transport, and to allow its circulation, especially granting the necessary safe-conducts. Such transport may also be used to convey:

(a) correspondence, lists and reports exchanged between the Central Information Age 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, International Committee of the Red Cross or any other organization assisting the internees excha 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 transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agr conditions, to such means of transport.

The costs occasioned by the use of such means of transport shall be borne, in proportion to importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.

ARTICLE 112

Censorship and examination

The censoring of correspondence addressed to internees or despatched by them shall be done as quic as possible.

The examination of consignments intended for internees shall not be carried out under conditions t will expose the goods contained in them to deterioration. It shall be done in the presence of addressee, or of the fellow-internee duly delegated by him. The delivery to internees of individua 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 polit reasons, shall be only temporary and its duration shall be as short as possible.

ARTICLE 113

Execution and transmission of legal documents

The Detaining Powers shall provide all reasonable facilities for the transmission, through the Protect Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers attorney letters of authority, or any other documents intended for internees or despatched by them. In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form such documents on behalf of internees, in particular by allowing them to consult a lawyer.

ARTICLE 114

Management of property

The Detaining Power shall afford internees all facilities to enable them to manage their prope provided this is not incompatible with the conditions of internment and the law which is applicable. this purpose, the said Power may give them permission to leave the place of internment in urgent ca and if circumstances allow.

ARTICLE 115

Facilities for preparation and conduct of cases

In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he requests, cause the court to be informed of his detention and shall, within legal limits, ensure that necessary steps are taken to prevent him from being in any way prejudiced, by reason of his interm as regards the preparation and conduct of his case or as regards the execution of any judgment of court.

ARTICLE 116

Visits

Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and frequently as possible.

As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly cases of death or serious illness of relatives.

CHAPTER IX

PENAL AND DISCIPLINARY SANCTIONS

ARTICLE 117

General provisions. Applicable legislation

Subject to the provisions of the present Chapter, the laws in force in the territory in which they 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 same acts are not punishable when committed by persons who are not internees, such acts shall en disciplinary punishments only.

No internee may be punished more than once for the same act, or on the same count.

ARTICLE 118

Penalties

The courts or authorities shall in passing sentence take as far as possible into account the fact that defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescri for the offence with which the internee is charged and shall not be obliged, to this end, to apply minimum sentence prescribed.

Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception forbidden.

Internees who have served disciplinary or judicial sentences shall not be treated differently from ot internees.

The duration of preventive detention undergone by an internee shall be deducted from any disciplin or judicial penalty involving confinement to which he may be sentenced.

Internee Committees shall be informed of all judicial proceedings instituted against internees whom t represent, and of their result.

ARTICLE 119

Disciplinary punishments

The disciplinary punishments applicable to internees shall be the following:

(1) A fine which shall not exceed 50 per cent of the wages which the internee wo 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 present Convention.

(3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of place of internment.

(4) Confinement.

In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of interne 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 da even if the internee is answerable for several breaches of discipline when his case is dealt with, whet such breaches are connected or not.

ARTICLE 120 Escapes

Internees who are recaptured after having escaped or when attempting to escape, shall be liable only 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 esca may be subjected to special surveillance, on condition that such surveillance does not affect the state their health, that it is exercised in a place of internment and that it does not entail the abolition of any 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 disciplin punishment only.

ARTICLE 121

Connected offences

Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravat 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 decid whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially respect of acts committed in connection with an escape, whether successful or not.

ARTICLE 122

Investigations. Confinement awaiting

Acts which constitute offences against discipline shall be investigated immediately. This rule shall applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed o to the competent authorities as soon as possible.

In case of offences against discipline, confinement awaiting trial shall be reduced to an absol minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deduc from any sentence of confinement.

The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial offences against discipline.

ARTICLE 123

Competent authorities. Procedure

Without prejudice to the competence of courts and higher authorities, disciplinary punishment may ordered only by the commandant of the place of internment, or by a responsible officer or official w replaces him, or to whom he has delegated his disciplinary powers.

Before any disciplinary punishment is awarded, the accused internee shall be given precise informat regarding the offences of which he is accused, and given an opportunity of explaining his conduct and defending himself. He shall be permitted, in particular, to call witnesses and to have recourse necessary, to the services of a qualified interpreter. The decision shall be announced in the presence 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 exceed one month.

When an internee is awarded a further disciplinary punishment, a period of at least three days sh elapse between the execution of any two of the punishments, if the duration of one of these is ten day more.

A record of disciplinary punishments shall be maintained by the commandant of the place of internm and shall be open to inspection by representatives of the Protecting Power.

ARTICLE 124

Premises for disciplinary punishments

Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiar convict prisons, etc.) to under go disciplinary punishment therein.

The premises in which disciplinary punishments are undergone shall conform to sanitary requireme they shall in particular be provided with adequate bedding. Internees undergoing punishment shall enabled to keep themselves in a state of cleanliness.

Women internees undergoing disciplinary punishment shall be confined in separate quarters from m internees and shall be under the immediate supervision of women.

ARTICLE 125

Essential safeguards

Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open ai least two hours daily.

They shall be allowed, if they so request, to be present at the daily medical inspections. They sh receive the attention which their state of health requires and, if necessary, shall be removed to 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 remitta of money, however, may be withheld from them until the completion of their punishment; s consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to infirmary the perishable goods contained in the parcels.

No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Artic 107 and 143 of the present Convention.

ARTICLE 126

Provisions applicable to judicial proceedings

The provisions of Articles 71 and 76 inclusive shall apply, by analogy, to proceedings against intern who are in the national territory of the Detaining Power.

CHAPTER X

TRANSFERS OF INTERNEES

ARTICLE 127 Conditions

The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out rail or other means of transport, and under conditions at least equal to those obtaining for the forces the Detaining Power in their changes of station. If as an exceptional measure such removals have to effected on foot, they may not take place unless the internees are in a fit state of health, and may no any case expose them to excessive fatigue.

The Detaining Power shall supply internees during transfer with drinking water and food sufficien quantity, quality and variety to maintain them in good health, and also with the necessary clothi adequate shelter and the necessary medical attention. The Detaining Power shall take all suita precautions to ensure their safety during transfer, and shall establish before their departure a comp list of all internees transferred.

Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would 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 transferred unless their removal can be carried out in adequate conditions of safety, or unless they 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 intere into account and, in particular, shall not do anything to increase the difficulties of repatriating them returning them to their own homes.

ARTICLE 128 Method

In the event of transfer, internees shall be officially advised of their departure and of their new po address. Such notification shall be given in time for them to pack their luggage and inform their nex kin.

They shall be allowed to take with them their personal effects, and the correspondence and parc which have arrived for them. The weight of such baggage may be limited if the conditions of transfer 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 del The commandant of the place of internment shall take, in agreement with the Internee Committee, measures needed to ensure the transport of the internees' community property and of the luggage internees are unable to take with them in consequence of restrictions imposed by virtue of the seco paragraph.

CHAPTER XI DEATHS

ARTICLE 129

Wills. Death certificates

The wills of internees shall be received for safe-keeping by the responsible authorities; and in the ev of the death of an internee his will shall be transmitted without delay to a person whom he previously designated.

Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made o 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 proced relating thereto in force in the territory where the place of internment is situated, and a duly certif copy of such record shall be transmitted without delay to the Protecting Power as well as to the Cen Agency referred to in Article 140.

ARTICLE 130

Burial. Cremation

The detaining authorities shall ensure that internees who die while interned are honourably buried possible according to the rites of the religion to which they belonged and that their graves are respect 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 of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to next of kin on their request.

As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power sh forward lists of graves of deceased internees to the Powers on whom deceased internees depend through the Information Bureaux provided for in Article 136. Such lists shall include all particu necessary for the identification of the deceased internees, as well as the exact location of their graves.

ARTICLE 131

Internees killed or injured in special circumstances

Every death or serious injury of an internee, caused or suspected to have been caused by a sen another internee or any other person, as well as any death the cause of which is unknown, shall immediately followed by an official enquiry by the Detaining Power.

A communication on this subject shall be sent immediately to the Protecting Power. The evidence of witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to said Protecting Power.

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necess steps to ensure the prosecution of the person or persons responsible.

CHAPTER XII

RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES

ARTICLE 132

During hostilities or occupation

Each interned person shall be released by the Detaining Power as soon as the reasons which necessita his internment no longer exist.

The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to concl agreements for the release, the repatriation, the return to places of residence or the accommodation i neutral country of certain classes of internees, in particular children, pregnant women and mothers w infants and young children, wounded and sick, and internees who have been detained for a long time.

ARTICLE 133

After the close of hostilities

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 offences not exclusively subject to disciplinary penalties, may be detained until the close of s proceedings and, if circumstances require, until the completion of the penalty. The same shall apply 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 a the close of hostilities, or of the occupation of territories, to search for dispersed internees.

ARTICLE 134

Repatriation and return to last place of residence

The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure return of all internees to their last place of residence, or to facilitate their repatriation.

ARTICLE 135

Costs

The Detaining Power shall bear the expense of returning released internees to the places where t were residing when interned, or, if it took them into custody while they were in transit or on the h 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 w previously had his permanent domicile therein, such Detaining Power shall pay the cost of the s internee's repatriation. If, however, the internee elects to return to his country on his own responsibi or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power n not pay the expenses of his journey beyond the point of his departure from its territory. The Detain Power need not pay the cost of repatriation of an internee who was interned at his own request. If internees are transferred in accordance with Article 45, the transferring and receiving Powers sh 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 conflict concerning the exchange and repatriation of their nationals in enemy hands.

SECTION V

INFORMATION BUREAUX AND CENTRAL AGENCY

ARTICLE 136

National Bureaux

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict sh establish an official Information Bureau responsible for receiving and transmitting information 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 informat of any measure taken by it concerning any protected persons who are kept in custody for more than t weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require various departments concerned with such matters to provide the aforesaid Bureau promptly w information concerning all changes pertaining to these protected persons, as, for example, transf releases, repatriations, escapes, admittances to hospitals, births and deaths.

ARTICLE 137

Transmission of information

Each national Bureau shall immediately forward information concerning protected persons by the m rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territ they resided, through the intermediary of the Protecting Powers and likewise through the Cen Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be recei regarding protected persons.

Information Bureaux shall transmit information concerning a protected person unless its transmiss might be detrimental to the person concerned or to his or her relatives. Even in such a case, information may not be withheld from the Central Agency which, upon being notified of 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

Particulars required

The information received by the national Bureau and transmitted by it shall be of such a character a make it possible to identify the protected person exactly and to advise his next of kin quickly. T information in respect of each person shall include at least his surname, first names, place and date birth, nationality, last residence and distinguishing characteristics, the first name of the father and maiden name of the mother, the date, place and nature of the action taken with regard to the individu the address at which correspondence may be sent to him and the name and address of the person to informed.

Likewise, information regarding the state of health of internees who are seriously ill or seriou wounded shall be supplied regularly and if possible every week.

ARTICLE 139

Forwarding of personal valuables

Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuab left by protected persons mentioned in Article 136, in particular those who have been repatriated released, or who have escaped or died; it shall forward the said valuables to those concerned, eit direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sea packets which shall be accompanied by statements giving clear and full identity particulars of the per to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records sh be maintained of the receipt and despatch of all such valuables.

ARTICLE 140

Central Agency

A Central Information Agency for protected persons, in particular for internees, shall be created i neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose the Powers concerned the organization of such an Agency, which may be the same as that provided in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 1949.

The function of the Agency shall be to collect all information of the type set forth in Article 136 whic may obtain through official or private channels and to transmit it as rapidly as possible to the count of origin or of residence of the persons concerned, except in cases where such transmissions might detrimental to the persons whom the said information concerns, or to their relatives. It shall receive fr 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 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 International Committee of the Red Cross and of the relief Societies described in Article 142.

ARTICLE 141

Exemption from charges

The National Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exempt from telegraphic charges or, at least, greatly reduced rates.

PART IV

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

ARTICLE 142

Relief societies and other organizations

Subject to the measures which the Detaining Powers may consider essential to ensure their security o meet any other reasonable need, the representatives of religious organizations, relief societies, or other organizations assisting the protected persons, shall receive from these Powers, for themselves their duly accredited agents, all facilities for visiting the protected persons, for distributing re supplies and material from any source, intended for educational, recreational or religious purposes for assisting them in organizing their leisure time within the places of internment. Such societies organizations may be constituted in the territory of the Detaining Power, or in any other country, or t may have an intentional character.

The Detaining Power may limit the number of societies and organizations whose delegates are allow to carry out their activities in its territory and under its supervision, on condition, however, that s 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 recogni and respected at all times.

ARTICLE 143 Supervision

Representatives or delegates of the Protecting Powers shall have permission to go to all places wh 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 latter without witnesses, personally or through an interpreter.

Such visits may not be prohibited except for reasons of imperative military necessity, and then only 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. T Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin the persons to be visited, may agree that compatriots of the internees shall be permitted to participate the visits.

The delegates of the International Committee of the Red Cross shall also enjoy the above prerogativ The appointment of such delegates shall be submitted to the approval of the Power governing territories where they will carry out their duties.

ARTICLE 144

Dissemination of the Convention

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of present Convention as widely as possible in their respective countries, and, in particular, to include study thereof in their programmes of military and, if possible, civil instruction, so that the princip thereof may become known to the entire population.

Any civilian, military, police or other authorities, who in time of war assume responsibilities in resp of protected persons, must possess the text of the Convention and be specially instructed as to provisions.

ARTICLE 145

Translations. Rules of application

The High Contracting Parties shall communicate to one another through the Swiss Federal Council a during hostilities, through the Protecting Powers, the official translations of the present Convention well as the laws and regulations which they may adopt to ensure the application thereof.

ARTICLE 146

Penal sanctions

I. General observations

The High Contracting Parties undertake to enact any legislation necessary to provide effective pe sanctions for persons committing, or ordering to be committed, any of the grave breaches of the pres Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to h committed, or to have ordered to be committed, such grave breaches, and shall bring such perso regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with provisions of its own legislation hand such person over for trial to another High Contracting Pa 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 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, wh shall not be less favourable than those provided by Article 105 and those following of the Gen Convention relative to the Treatment of Prisoners of War of August 12, 1949.

ARTICLE 147

II. Grave breaches

Grave breaches to which the preceding Article relates shall be those involving any of the following a if committed against persons or property protected by the present Convention: wilful killing, torture inhuman treatment, including biological experiments, wilfully causing great suffering or serious inj to body or health, unlawful deportation or transfer or unlawful confinement of a protected pers compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protec person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages extensive destruction and appropriation of property, not justified by military necessity and carried unlawfully and wantonly.

ARTICLE 148

III. Responsibilities of the Contracting Parties

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of liability incurred by itself or by another High Contracting Party in respect of breaches referred to in preceding Article.

ARTICLE 149

Enquiry procedure

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided betw 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 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 repr it with the least possible delay.

SECTION II

FINAL PROVISIONS

ARTICLE 150 Languages

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 Russian and Spanish languages.

ARTICLE 151

Signature

The present Convention, which bears the date of this day, is open to signature until February 12, 19 in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949. ARTICLE 152

Ratification

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited Berne.

A record shall be draw up of the deposit of each instrument of ratification and certified copies of record shall be transmitted by the Swiss Federal Council to all the Powers in whose name Convention has been signed, or whose accession has been notified.

ARTICLE 153

The present Convention shall come into force six months after not less than two instruments ratification have been deposited.

Thereafter, it shall come into force for each High Contracting Party six months after the deposit of instrument of ratification.

ARTICLE 154

Coming into force

In the relations between the Powers who are bound by the Hague Conventions respecting the Laws Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and who parties to the present Convention, this last Convention shall be supplementary to Sections II and III the Regulations annexed to the above-mentioned Conventions of The Hague.

ARTICLE 155 Accession

From the date of its coming into force, it shall be open to any Power in whose name the pres Convention has not been signed, to accede to this Convention.

ARTICLE 156

Notification of accessions

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six mon after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name Convention has been assigned, or whose accession has been notified.

ARTICLE 157

Immediate effect

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupati The Swiss Federal Council shall communicate by the quickest method any ratifications or accessi received from Parties to the conflict.

ARTICLE 158 Denunciation

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 Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notification thereof has been made to the Sw Federal Council. However, a denunciation of which notification has been made at a time when denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and u after operations connected with release, repatriation and re-establishment of the persons protected by present Convention have been terminated.

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of law of nations, as they result from the usages established among civilized peoples, from the laws humanity and the dictates of the public conscience.

ARTICLE 159

Registration with the United Nations

The Swiss Federal Council shall register the present Convention with the Secretariat of the Uni Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of 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 sig the present Convention.

DONE at Geneva this twelfth day of August 1949, in the English and French languages. The origi shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall trans 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 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Force the Field of August 12, 1949, and in Article 14 of the Geneva Convention relative to the Protection Civilian Persons in Time of War of August 12, 1949, and for the personnel entrusted with organization and administration of these zones and localities, and with the care of the persons ther assembled.

Nevertheless, persons whose permanent residence is within such zones shall have the right to stay the ARTICLE 2

No persons residing, in whatever capacity, in a hospital and safety zone shall perform any work, eit within or without the zone, directly connected with military operations or the production of w material.

ARTICLE 3

The Power establishing a hospital and safety zone shall take all necessary measures to prohibit acces 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 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 administrative establishments.

(d) They shall not be situated in areas which, according to every probability, may beco 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 be used 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 the buildings and outer precincts.

Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross (R 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 hostilities, a list of the hospital and safety zones in the territories governed by them. They shall also g 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 regula established.

If, however, the adverse party considers that the conditions of the present agreement have not b fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsi for the said zone, or may make its recognition of such zone dependent upon the institution of the con provided for in Article 8.

ARTICLE 8

Any Power having recognized one or several hospital and safety zones instituted by the adverse Pa shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertain 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 vari zones and may even reside there permanently. They shall be given all facilities for their duties inspection.

ARTICLE 9

Should the Special Commissions note any facts which they consider contrary to the stipulations of present agreement, they shall at once draw the attention of the Power governing the said zone to th facts, and shall fix a time limit of five days within which the matter should be rectified. They shall d 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 warni the adverse Party may declare that it is no longer bound by the present agreement in respect of the s zones.

ARTICLE 10

Any Power setting up one or more hospital and safety zones, and the adverse Parties to whom th existence has been notified, shall nominate or have nominated by the Protecting Powers or by ot neutral Powers, persons eligible to be members of the Special Commissions mentioned in Articles 8 9.

ARTICLE 11

In no circumstances may hospital and safety zones be the object of attack. They shall be protected respected at all times by the Parties to the conflict.

ARTICLE 12

In the case of occupation of a territory, the hospital and safety zones therein shall continue to respected and utilized as such.

Their purpose may, however, be modified by the Occupying Power, on condition that all measures taken to ensure the safety of the persons accommodated.

ARTICLE 13

The present agreement shall also apply to localities which the Powers may utilize for the same purpo as hospital and safety zones.

ANNEX II

DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF

ARTICLE 1

The Internee Committees shall be allowed to distribute collective relief shipments for which they responsible to all internees who are dependent for administration on the said Committee's place internment, including those internees who are in hospitals, or in prisons or other penitenti establishments. ARTICLE 2

The distribution of collective relief shipments shall be effected in accordance with the instructions of donors and with a plan drawn up by the Internee Committees. The issue of medical stores sh however, be made for preference in agreement with the senior medical officers, and the latter may hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within 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 arri of relief supplies near their places of internment so as to enable them to verify the quantity as well as 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 collective relief in all subdivisions and annexes of their places of internment has been carried ou accordance with their instructions.

ARTICLE 5

Internee Committees shall be allowed to complete, and to cause to be completed by members of Internee Committees in labour detachments or by the senior medical officers of infirmaries hospitals, forms or questionnaires intended for the donors, relating to collective relief supp (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall 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 internment, and to meet any needs that may arise through the arrival of fresh parties of internees, Internee Committees shall be allowed to create and maintain sufficient reserve stocks of collective rel For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provi with two locks, the Internee Committee holding the keys of one lock, and the commandant of the pl 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 w possible and subject to the regulations governing the food supply of the population, authorize purcha of goods to be made in their territories for the distribution of collective relief to the internees. They sh likewise facilitate the transfer of funds and other financial measures of a technical or administrat 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 collect relief before their arrival in a place of internment or in the course of their transfer, nor to the possibi of representatives of the Protecting Power, or of the International Committee of the Red Cross or other humanitarian organization giving assistance to internees and responsible for forwarding s supplies, ensuring the distribution thereof to the recipients by any other means they may deem suitabl ANNEX III

INTERNMENT CARD

1. Front

Civilian internee mail Postage free

POST CARD

IMPORTANT

This card must be completed by each internee immediately on being interned and each time his addr is altered by reason of transfer to another place of internment or to a hospital.

This card is not the same as the special card which each internee is allowed to send to relatives CENTRAL INFORMATION AGENCY

FOR PROTECTED PERSONS

International Committee

of the Red Cross 2. Reverse side

Write legibly and in block letters-1. Nationality

2. Surname 3. First names (in full) 3. First name of father

................................................................................................................................................

5. Date of birth ..................................... 6. Place of birth .................................................

7. Occupation .......................................................................................................................

8. Address before detention .................................................................................................

9. Address of next of kin

................................................................................................................................................. *10. Interned on: (or)

Coming from (hospital, etc.) on: .................................................................................... *11. State of health

12. Present Address

13. Date 14. Signature

* Strike out what is not applicable-Do not add any remarks-See explanations on other side of card (Size of internment card - 10 x 15 cm.)

2. Reverse side.

Date:

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................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

................................................................................................................................................

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Write on the dotted lines only and as legibly as possible.

(Size of correspondence card - 10 x 15 cm.)

RELATING TO THE PROTECTION OF VICTIMS OF INTERNATIONAL ARMED CONFLIC (PROTOCOL I)

PREAMBLE

The High Contracting Parties,

Proclaiming their earnest wish to see peace prevail among peoples,

Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refr in its international relations from the threat or use of force against the sovereignty, territorial integrity political independence of any State, or in any other manner inconsistent with the purposes of the Uni Nations,

Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims armed conflicts and to supplement measures intended to reinforce their application,

Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 Aug 1949 can be construed as legitimising or authorizing any act of aggression or any other use of fo inconsistent with the Charter of the United Nations,

Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of Protocol must be fully applied in all circumstances to all persons who are protected by th instruments, without any adverse distinction based on the nature or origin of the armed conflict or on causes espoused by or attributed to the Parties to the conflict, Have agreed on the following:

PART I

GENERAL PROVISIONS

Article 1 - General principles and scope of application

1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in circumstances.

2. In cases not covered by this Protocol or by other international agreements, civilians and combata remain under the protection and authority of the principles of international law derived from establis custom, from the principles of humanity and from the dictates of public conscience.

3. This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection war victims, shall apply in the situations referred to in Article 2 common to those Conventions.

4. The situations referred to in the preceding paragraph include armed conflicts in which peoples fighting against colonial domination and alien occupation and against racist regimes in the exercise their right of self-determination, as enshrined in the Charter of the United Nations and the Declarat on Principles of International Law concerning Friendly Relations and Co-operation among States accordance with the Charter of the United Nations.

Article 2 - Definitions

For the purposes of this Protocol:

(a) "First Convention", "Second Convention", "Third Convention" and 'Fourth Conventi mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 19 the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Gen Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; "

Conventions" means the four Geneva Conventions of 12 August 1949 for the protection of war victim (b) "rules of international law applicable in armed conflict" means the rules applicable armed conflict set forth in international agreements to which the Parties to the conflict are Parties the generally recognized principles and rules of international law which are applicable to armed confl (c) "Protecting Power" means a neutral or other State not a Party to the conflict which been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry the functions assigned to a Protecting Power under the Conventions and this Protocol;

(d) "substitute" means an organization acting in place of a Protecting Power in accorda with Article 5.

Article 3 - Beginning and end of application

Without prejudice to the provisions which are applicable at all times:

(a) the Conventions and this Protocol shall apply from the beginning of any situat referred to in Article 1 of this Protocol;

(b) the application of the Conventions and of this Protocol shall cease, in the territory Parties to the conflict, on the general close of military operations and, in the case of occupied territor on the termination of the occupation, except, in either circumstance, for those persons whose fi release, repatriation or re-establishment takes place thereafter. These persons shall continue to ben from the relevant provisions of the Conventions and of this Protocol until their final release, repatriat or re-establishment.

Article 4 - Legal status of the Parties to the conflict

The application of the Conventions and of this Protocol, as well as the conclusion of the agreeme provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupat of a territory nor the application of the Conventions and this Protocol shall affect the legal status of territory in question.

Article 5 - Appointment of Protecting Powers and of their substitute

1. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervis and implementation of the Conventions and of this Protocol by the application of the system Protecting Powers, including inter alia the designation and acceptance of those Powers, in accorda with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of Parties to the conflict.

2. From the beginning of a situation referred to in Article l, each Party to the conflict shall without de designate a Protecting Power for the purpose of applying the Conventions and this Protocol and sh likewise without delay and for the same purpose, permit the activities of a Protecting Power which been accepted by it as such after designation by the adverse Party.

3. If a Protecting Power has not been designated or accepted from the beginning of a situation refer to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any ot impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to conflict with a view to the designation without delay of a Protecting Power to which the Parties to conflict consent. For that purpose it may, inter alia, ask each Party to provide it with a list of at least f States which that Party considers acceptable to act as Protecting Power on its behalf in relation to adverse Party, and ask each adverse Party to provide a list of at least five States which it would accep the Protecting Power of the first Party; these lists shall be communicated to the Committee within t weeks after the receipt of the request; it shall compare them and seek the agreement of any propo State named on both lists.

4. If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept with delay an offer which may be made by the International Committee of the Red Cross or by any ot organization which offers all guarantees of impartiality and efficacy, after due consultations with said Parties and taking into account the result of these consultations, to act as a substitute. T functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort sh be made by the Parties to the conflict to facilitate the operations of the substitute in the performance its tasks under the Conventions and this Protocol.

5. In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conf or of any territory, including occupied territory.

6. The maintenance of diplomatic relations between Parties to the conflict or the entrusting of protection of a Party's interests and those of its nationals to a third State in accordance with the rules international law relating to diplomatic relations is no obstacle to the designation of Protecting Pow for the purpose of applying the Conventions and this Protocol.

7. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.

Article 6 - Qualified persons

1. The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the natio Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate application of the Conventions and of this Protocol, and in particular the activities of the Protect Powers.

2. The recruitment and training of such personnel are within domestic jurisdiction.

3. The International Committee of the Red Cross shall hold at the disposal of the High Contract Parties the lists of persons so trained which the High Contracting Parties may have established and m have transmitted to it for that purpose.

4. The conditions governing the employment of such personnel outside the national territory shall each case, be the subject of special agreements between the Parties concerned.

Article 7 - Meetings

The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the reques one or more of the said Parties and upon the approval of the majority of the said Parties, to consi general problems concerning the application of the Conventions and of the Protocol.

PART II

WOUNDED, SICK AND SHIPWRECKED

SECTION I - GENERAL PROTECTION

Article 8 - Terminology

For the purposes of this Protocol:

(a) "wounded" and "sick" mean persons, whether military or civilian, who, because trauma, disease or other physical or mental disorder or disability, are in need of medical assistance care and who refrain from any act of hostility. These terms also cover maternity cases, new-born bab and other persons who may be in need of immediate medical assistance or care, such as the infirm expectant mothers, and who refrain from any act of hostility;

(b) "shipwrecked" means persons, whether military or civilian, who are in peril at sea o other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and w refrain from any act of hostility. These persons, provided that they continue to refrain from any ac hostility, shall continue to be considered shipwrecked during their rescue until they acquire anot status under the Conventions or this Protocol;

(c) "medical personnel" means those persons assigned, by a Party to the conflict, exclusiv to the medical purposes enumerated under subparagraph (e) or to the administration of medical units to the operation or administration of medical transports. Such assignments may be either permanen temporary. The term includes:

(i) medical personnel of a Party to the conflict, whether military or civilian, including th described in the First and Second Conventions, and those assigned to civil defence organizations; (ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Socie and other national voluntary aid societies duly recognized and authorized by a Party to the conflict; (iii) medical personnel of medical units or medical transports described in Article paragraph 2;

(d) "religious personnel" means military or civilian persons, such as chaplains, who exclusively engaged in the work of their ministry and attached:

(i) to the armed forces of a Party to the conflict;

(ii) to medical units or medical transports of a Party to the conflict;

(iii) to medical units or medical transports described in Article 9, paragraph 2; or (iv) to civil defence organizations of a Party to the conflict.

The attachment of religious personnel may be either permanent or temporary, and relevant provisions mentioned under subparagraph (k) apply to them;

(e) "medical units" means establishments and other units, whether military or civil organized for medical purposes, namely the search for, collection, transportation, diagnosis treatment - including first-aid treatment - of the wounded, sick and shipwrecked, or for the prevent of disease. The term includes, for example, hospitals and other similar units, blood transfusion cent preventive medicine centres and institutes, medical depots and the medical and pharmaceutical store such units. Medical units may be fixed or mobile, permanent or temporary;

( f ) "medical transportation" means the conveyance by land, water or air of the wound sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supp protected by the Conventions and by this Protocol;

(g) "medical transports" means any means of transportation, whether military or civil permanent or temporary, assigned exclusively to medical transportation and under the control o competent authority of a Party to the conflict;

(h) "medical vehicles" means any medical transports by land;

(i) "medical ships and craft" means any medical transports by water;

( j) "medical aircraft" means any medical transports by air;

(k) "permanent medical personnel", "permanent medical units" and "permanent med transports" mean those assigned exclusively to medical purposes for an indeterminate peri "Temporary medical personnel", "temporary medical units" and "temporary medical transports" m those devoted exclusively to medical purposes for limited periods during the whole of such perio Unless otherwise specified, the terms "medical personnel", "medical units" and "medical transpo cover both permanent and temporary categories;

(l) "distinctive emblem" means the distinctive emblem of the red cross, red crescent or lion and sun on a white ground when used for the protection of medical units and transports, or med and religious personnel, equipment or supplies;

(m) "distinctive signal" means any signal or message specified for the identificat exclusively of medical units or transports in Chapter III of Annex I to this Protocol.

Article 9 - Field of application

1. This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adve distinction founded on race, colour, sex, language, religion or belief, political or other opinion, natio or social origin, wealth, birth or other status, or on any other similar criteria.

2. The relevant provisions of Articles 27 and 32 of the First Convention shall apply to perman medical units and transports (other than hospital ships, to which Article 25 of the Second Convent applies) and their personnel made available to a Party to the conflict for humanitarian purposes:

(a) by a neutral or other State which is not a Party to that conflict; (b) by a recognized and authorized aid society of such a State; (c) by an impartial international humanitarian organization.

Article 10 - Protection and care

1. All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected protected.

2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practica and with the least possible delay, the medical care and attention required by their condition. There sh be no distinction among them founded on any grounds other than medical ones.

Article 11 - Protection of persons

1. The physical or mental health and integrity of persons who are in the power of the adverse Party who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Art 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject persons described in this Article to any medical procedure which is not indicated by the state of health the person concerned and which is not consistent with generally accepted medical standards wh would be applied under similar medical circumstances to persons who are nationals of the Pa conducting the procedure and who are in no way deprived of liberty.

2. It is, in particular, prohibited to carry out on such persons, even with their consent:

(a) physical mutilations;

(b) medical or scientific experiments;

(c) removal of tissue or organs for transplantation, except where these acts are justified conformity with the conditions provided for in paragraph 1.

3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of donations of blo for transfusion or of skin for grafting, provided that they are given voluntarily and without any coerc or inducement, and then only for therapeutic purposes, under conditions consistent with genera accepted medical standards and controls designed for the benefit of both the donor and the recipient.

4. Any wilful act or omission which seriously endangers the physical or mental health or integrity any person who is in the power of a Party other than the one on which he depends and which eit violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements paragraph 3 shall be a grave breach of this Protocol.

5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed acknowledged by the patient.

6. Each Party to the conflict shall keep a medical record for every donation of blood for transfusion skin for grafting by persons referred to in paragraph 1, if that donation is made under the responsibi of that Party. In addition, each Party to the conflict shall endeavour to keep a record of all med procedures undertaken with respect to any person who is interned, detained or otherwise deprived liberty as a result of a situation referred to in Article 1. These records shall be available at all times inspection by the Protecting Power.

Article 12 - Protection of medical units

1. Medical units shall be respected and protected at all times and shall not be the object of attack.

2. Paragraph 1 shall apply to civilian medical units, provided that they:

(a) belong to one of the Parties to the conflict;

(b) are recognized and authorized by the competent authority of one of the Parties to conflict; or

(c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 the First Convention.

3. The Parties to the conflict are invited to notify each other of the location of their fixed medical un The absence of such notification shall not exempt any of the Parties from the obligation to comply w the provisions of paragraph 1.

4. Under no circumstances shall medical units be used in an attempt to shield military objectives fr attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited t attacks against military objectives do not imperil their safety. Article 13 - Discontinuance of protection of civilian medical units

1. The protection to which civilian medical units are entitled shall not cease unless they are used commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, ce only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and a such warning has remained unheeded.

2. The following shall not be considered as acts harmful to the enemy:

(a) that the personnel of the unit are equipped with light individual weapons for their o defence or for that of the wounded and sick in their charge;

(b) that the unit is guarded by a picket or by sentries or by an escort;

(c) that small arms and ammunition taken from the wounded and sick, and not yet handed the proper service, are found in the units;

(d) that members of the armed forces or other combatants are in the unit for medical reaso

Article 14 - Limitations on requisition of civilian medical units

1. The Occupying Power has the duty to ensure that the medical needs of the civilian population occupied territory continue to be satisfied.

2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, th matériel or the services of their personnel, so long as these resources are necessary for the provision adequate medical services for the civilian population and for the continuing medical care of wounded and sick already under treatment.

3. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power m requisition the said resources, subject to the following particular conditions:

(a) that the resources are necessary for the adequate and immediate medical treatment of wounded and sick members of the armed forces of the Occupying Power or of prisoners of war;

(b) that the requisition continues only while such necessity exists; and

(c) that immediate arrangements are made to ensure that the medical needs of the civil population, as well as those of any wounded and sick under treatment who are affected by requisition, continue to be satisfied.

Article 15 - Protection of civilian medical and religious personnel 1. Civilian medical personnel shall be respected and protected.

2. If needed, all available help shall be afforded to civilian medical personnel in an area where civil medical services are disrupted by reason of combat activity.

3. The Occupying Power shall afford civilian medical personnel in occupied territories every assista to enable them to perform, to the best of their ability, their humanitarian functions. The Occupy Power may not require that, in the performance of those functions, such personnel shall give priority the treatment of any person except on medical grounds. They shall not be compelled to carry out ta which are not compatible with their humanitarian mission.

4. Civilian medical personnel shall have access to any place where their services are essential, subjec such supervisory and safety measures as the relevant Party to the conflict may deem necessary.

5. Civilian religious personnel shall be respected and protected. The provisions of the Conventions of this Protocol concerning the protection and identification of medical personnel shall apply equally such persons.

Article 16 - General protection of medical duties

1. Under no circumstances shall any person be punished for carrying out medical activities compati with medical ethics, regardless of the person benefiting therefrom.

2. Persons engaged in medical activities shall not be compelled to perform acts or to carry out w contrary to the rules of medical ethics or to other medical rules designed for the benefit of the woun and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing act from carrying out work required by those rules and provisions.

3. No person engaged in medical activities shall be compelled to give to anyone belonging either to adverse Party, or to his own Party except as required by the law of the latter Party, any informat concerning the wounded and sick who are, or who have been, under his care, if such information wou in his opinion, prove harmful to the patients concerned or to their families. Regulations for compulsory notification of communicable diseases shall, however, be respected.

Article 17 - Role of the civilian population and of aid societies

1. The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to adverse Party, and shall commit no act of violence against them. The civilian population and societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitt even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in inva or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitar acts.

2. The Parties to the conflict may appeal to the civilian population and the aid societies referred to paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead report their location; they shall grant both protection and the necessary facilities to those who respond this appeal. If the adverse Party gains or regains control of the area, that Party also shall afford the sa protection and facilities for so long as they are needed.

Article 18 - Identification

1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and med units and transports are identifiable.

2. Each Party to the conflict shall also endeavour to adopt and to implement methods and procedu which will make it possible to recognize medical units and transports which use the distinctive embl and distinctive signals.

3. In occupied territory and in areas where fighting is taking place or is likely to take place, civil medical personnel and civilian religious personnel should be recognizable by the distinctive emblem an identity card certifying their status.

4. With the consent of the competent authority, medical units and transports shall be marked by distinctive emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked accordance with the provisions of the Second Convention.

5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of An

I to this Protocol, authorize the use of distinctive signals to identify medical units and transpo Exceptionally, in the special cases covered in that Chapter, medical transports may use distinct signals without displaying the distinctive emblem.

6. The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to of Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use medical units and transports shall not, except as provided therein, be used for any purpose other than identify the medical units and transports specified in that Chapter.

7. This Article does not authorize any wider use of the distinctive emblem in peacetime than prescribed in Article 44 of the First Convention.

8. The provisions of the Conventions and of this Protocol relating to supervision of the use of distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable distinctive signals.

Article 19 - Neutral and other States not Parties to the conflict

Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protoco persons protected by this Part who may be received or interned within their territory, and to any dead the Parties to that conflict whom they may find.

Article 20 - Prohibition of reprisals

Reprisals against the persons and objects protected by this Part are prohibited.

SECTION II - MEDICAL TRANSPORTATION

Article 21 - Medical vehicles

Medical vehicles shall be respected and protected in the same way as mobile medical units under Conventions and this Protocol.

Article 22 - Hospitals ships and coastal rescue craft 1. The provisions of the Conventions relating to:

(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention;

(b) their lifeboats and small craft;

(c) their personnel and crews and;

(d) the wounded, sick and shipwrecked on board;

shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall n however, be subject to surrender to any Party which is not their own, or to capture at sea. If they f themselves in the power of a Party to the conflict other than their own they shall be covered by Fourth Convention and by this Protocol.

2. The protection provided by the Conventions to vessels described in Article 25 of the Seco Convention shall extend to hospital ships made available for humanitarian purposes to a Party to conflict:

(a) by a neutral or other State which is not a Party to that conflict; or

(b) by an impartial international humanitarian organization, provided that, in either case, requirements set out in that Article are complied with.

3. Small craft described in Article 27 of the Second Convention shall be protected even if notification envisaged by that Article has not been made. The Parties to the conflict are, neverthel invited to inform each other of any details of such craft which will facilitate their identification recognition.

Article 23 - Other medical ships and craft

1. Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of Second Convention shall, whether at sea or in other waters, be respected and protected in the same w as mobile medical units under the Conventions and this Protocol. Since this protection can only effective if they can be identified and recognized as medical ships or craft, such vessels should marked with the distinctive emblem and as far as possible comply with the second paragraph of Art 43 of the Second Convention.

2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship the surface able immediately to enforce its command may order them to stop, order them off, or m them take a certain course, and they shall obey every such command. Such ships and craft may no any other way be diverted from their medical mission so long as they are needed for the wounded, s and shipwrecked on board.

3. The protection provided in paragraph 1 shall cease only under the conditions set out in Articles and 35 of the Second Convention. A clear refusal to obey a command given in accordance w paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.

4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of name, description, expected time of sailing, course and estimated speed of the medical ship or cr particularly in the case of ships of over 2,000 gross tons, and may provide any other information wh would facilitate identification and recognition. The adverse Party shall acknowledge receipt of s information.

5. The provisions of Article 37 of the Second Convention shall apply to medical and religious person in such ships and craft.

6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrec belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked civili who do not belong to any of the categories mentioned in Article 13 of the Second Convention shall be subject, at sea, either to surrender to any Party which is not their own, or to removal from such sh or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall covered by the Fourth Convention and by this Protocol.

Article 24 - Protection of medical aircraft

Medical aircraft shall be respected and protected, subject to the provisions of this Part.

Article 25 - Medical aircraft in areas not controlled by an adverse Party

1. In and over land areas physically controlled by friendly forces, or in and over sea areas not physica controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conflic not dependent on any agreement with an adverse Party. For greater safety, however, a Party to conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Art 29, in particular when such aircraft are making flights bringing them within range of surface-to weapons systems of the adverse Party.

Article 26 - Medical aircraft in contact or similar zones

1. In and over those parts of the contact zone which are physically controlled by friendly forces and and over those areas the physical control of which is not clearly established, protection for med aircraft can be fully effective only by prior agreement between the competent military authorities of Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreem medical aircraft operate at their own risk, they shall nevertheless be respected after they have b recognized as such.

2. "Contact zone" means any area on land where the forward elements of opposing forces are in con with each other, especially where they are exposed to direct fire from the ground.

Article 27 - Medical aircraft in areas controlled by an adverse Party

1. The medical aircraft of a Party to the conflict shall continue to be protected while flying over land sea areas physically controlled by an adverse Party, provided that prior agreement to such flights been obtained from the competent authority of that adverse Party.

2. A medical aircraft which flies over an area physically controlled by an adverse Party without, o deviation from the terms of, an agreement provided for in paragraph 1, either through navigational er or because of an emergency affecting the safety of the flight, shall make every effort to identify it and to inform the adverse Party of the circumstances. As soon as such medical aircraft has b recognized by the adverse Party, that Party shall make all reasonable efforts to give the order to land to alight on water, referred to in Article 30, paragraph 1, or to take other measures to safeguard its o interests, and, in either case, to allow the aircraft time for compliance, before resorting to an att against the aircraft.

Article 28 - Restrictions on operations of medical aircraft

1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire military advantage over an adverse Party. The presence of medical aircraft shall not be used in attempt to render military objectives immune from attack.

2. Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry equipment intended for such purposes. They are prohibited from carrying any persons or cargo included within the definition in Article 8, subparagraph ( f ). The carrying on board of the perso effects of the occupants or of equipment intended solely to facilitate navigation, communication identification shall not be considered as prohibited.

3. Medical aircraft shall not carry any armament except small arms and ammunition taken from wounded, sick and shipwrecked on board and not yet handed to the proper service, and such li individual weapons as may be necessary to enable the medical personnel on board to defend themsel and the wounded, sick and shipwrecked in their charge.

4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.

Article 29 - Notifications and agreements concerning medical aircraft

1. Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragr 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means identification, and shall be understood to mean that every flight will be carried out in compliance w Article 28.

2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt such notification.

3. A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or shall, as rapidly as possible, notify the requesting Party:

(a) that the request is agreed to;

(b) that the request is denied; or

(c) of reasonable alternative proposals to the request. It may also propose a prohibition restriction of other flights in the area during the time involved. If the Party which submitted the requ accepts the alternative proposals, it shall notify the other Party of such acceptance.

4. The Parties shall take the necessary measures to ensure that notifications and agreements can made rapidly.

5. The Parties shall also take the necessary measures to disseminate rapidly the substance of any s notifications and agreements to the military units concerned and shall instruct those units regarding means of identification that will be used by the medical aircraft in question.

Article 30 - Landing and inspection of medical aircraft

1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over ar the physical control of which is not clearly established, may be ordered to land or to alight on water appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft sh obey any such order.

2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any s inspection shall be commenced without delay and shall be conducted expeditiously. The inspect Party shall not require the wounded and sick to be removed from the aircraft unless their remova essential for the inspection. That Party shall in any event ensure that the condition of the wounded sick is not adversely affected by the inspection or by the removal.

3. If the inspection discloses that the aircraft:

(a) is a medical aircraft within the meaning of Article 8, subparagraph ( j);

(b) is not in violation of the conditions prescribed in Article 28; and

(c) has not flown without or in breach of a prior agreement where such agreemen required;

the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State n Party to the conflict shall be authorized to continue the flight without delay.

4. If the inspection discloses that the aircraft:

(a) is not a medical aircraft within the meaning of Article 8, sub-paragraph ( j);

(b) is in violation of the conditions prescribed in Article 28; or

(c) has flown without or in breach of a prior agreement where such agreement is required; the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent med aircraft may be used thereafter only as a medical aircraft. Article 31 - Neutral or other States not Parties to the conflict

1. Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutra other State not a Party to the conflict. However, with such an agreement, they shall be respec throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall o any summons to land or to alight on water, as appropriate.

2. Should a medical aircraft, in the absence of an agreement or in deviation from the terms of agreement, fly over the territory of a neutral or other State not a Party to the conflict, either throu navigational error or because of an emergency affecting the safety of the flight, it shall make every ef to give notice of the flight and to identify itself. As soon as such medical aircraft is recognized, t State shall make all reasonable efforts to give the order to land or to alight on water referred to in Art 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow aircraft time for compliance, before resorting to an attack against the aircraft.

3. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands alights on water in the territory of a neutral or other State not Party to the conflict, whether ordered to so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whet it is in fact a medical aircraft. The inspection shall be commenced without delay and shall be conduc expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating aircraft to be removed from it unless their removal is essential for the inspection. The inspecting Pa shall in any event ensure that the condition of the wounded and sick is not adversely affected by inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, aircraft with its occupants, other than those who must be detained in accordance with the rules international law applicable in armed conflict, shall be allowed to resume its flight, and reasona facilities shall be given for the continuation of the flight. If the inspection discloses that the aircraf not a medical aircraft, it shall be seized and the occupants treated in accordance with paragraph 4.

4. The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a med aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party the conflict shall, unless agreed otherwise between that State and the Parties to the conflict, be detai by that State where so required by the rules of international law applicable in armed conflict, in suc manner that they cannot again take part in the hostilities. The cost of hospital treatment and internm shall be borne by the State to which those persons belong.

5. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on passage of medical aircraft over, or on the landing of medical aircraft in, their territory equally to Parties to the conflict.

SECTION III - MISSING AND DEAD PERSONS

Article 32 - General principle

In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to conflict and of the international humanitarian organizations mentioned in the Conventions and in Protocol shall be prompted mainly by the right of families to know the fate of their relatives.

Article 33 - Missing persons

1. As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to conflict shall search for the persons who have been reported missing by an adverse Party. Such adve Party shall transmit all relevant information concerning such persons in order to facilitate such search 2. In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party the conflict shall, with respect to persons who would not receive more favourable consideration un the Conventions and this Protocol:

(a) record the information specified in Article 138 of the Fourth Convention in respect such persons who have been detained, imprisoned or otherwise held in captivity for more than t weeks as a result of hostilities or occupation, or who have died during any period of detention; (b) to the fullest extent possible, facilitate and, if need be, carry out the search for and recording of information concerning such persons if they have died in other circumstances as a resul hostilities or occupation.

3. Information concerning persons reported missing pursuant to paragraph 1 and requests for s information shall be transmitted either directly or through the Protecting Power or the Central Trac Agency of the International Committee of the Red Cross or National Red Cross (Red Crescent, R Lion and Sun) Societies. Where the information is not transmitted through the International Commi of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that s information is also supplied to the Central Tracing Agency.

4. The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, iden and recover the dead from battlefield areas, including arrangements, if appropriate, for such teams to accompanied by personnel of the adverse Party while carrying out these missions in areas controlled the adverse Party. Personnel of such teams shall be respected and protected while exclusively carry out these duties.

Article 34 - Remains of deceased

1. The remains of persons who have died for reasons related to occupation or in detention result from occupation or hostilities and those of persons not nationals of the country in which they have d as a result of hostilities shall be respected, and the gravesites of all such persons shall be respect maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains gravesites would not receive more favourable consideration under the Conventions and this Protocol. 2. As soon as circumstances and the relations between the adverse Parties permit, the High Contract Parties in whose territories graves and, as the case may be, other locations of the remains of persons w have died as a result of hostilities or during occupation or in detention are situated, shall concl agreements in order:

(a) to facilitate access to the gravesites by relatives of the deceased and by representative official graves registration services and to regulate the practical arrangements for such access;

(b) to protect and maintain such gravesites permanently;

(c) to facilitate the return of the remains of the deceased and of personal effects to the ho country upon its request or, unless that country objects, upon the request of the next of kin.

3. In the absence of the agreements provided for in paragraph 2 (b) or (c) and if the home country such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the H Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of remains of the deceased to the home country. Where such an offer has not been accepted the H Contracting Party may, after the expiry of five years from the date of the offer and upon due notice the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves 4. A High Contracting Party in whose territory the gravesites referred to in this Article are situated sh be permitted to exhume the remains only:

(a) in accordance with paragraphs 2 (c) and 3 or

(b) where exhumation is a matter of overriding public necessity, including cases of med and investigative necessity, in which case the High Contracting Party shall at all times respect remains, and shall give notice to the home country of its intention to exhume the remains together w details of the intended place of reinternment.

PART III

METHODS AND MEANS OF WARFARE

COMBATANT AND PRISONER-OF-WAR STATUS

SECTION I-METHODS AND MEANS OF WARFARE

Article 35 - Basic rules

1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfar not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature cause superfluous injury or unnecessary suffering.

3. It is prohibited to employ methods or means of warfare which are intended, or may be expected cause widespread, long-term and severe damage to the natural environment.

Article 36 - New weapons

In the study, development, acquisition or adoption of a new weapon, means or method of warfare High Contracting Party is under an obligation to determine whether its employment would, in some all circumstances, be prohibited by this Protocol or by any other rule of international law applicable the High Contracting Party. Article 37 - Prohibition of perfidy

1. It is prohibited to kill, injure or capture an adversary by result to perfidy. Acts inviting the confide of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under rules of international law applicable in armed conflict, with intent to betray that confidence, sh constitute perfidy. The following acts are examples of perfidy:

(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b) the feigning of an incapacitation by wounds or sickness;

(c) the feigning of civilian, non-combatant status; and

(d) the feigning of protected status by the use of signs, emblems or uniforms of the Uni Nations or of neutral or other States not Parties to the conflict.

2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary o induce him to act recklessly but which infringe no rule of international law applicable in armed conf and which are not perfidious because they do not invite the confidence of an adversary with respec protection under that law. The following are examples of such ruses: the use of camouflage, deco mock operations and misinformation.

Article 38 - Recognized emblems

1. It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protoco is also prohibited to misuse deliberately in an armed conflict other internationally recognized protect emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized that Organization.

Article 39 - Emblems of nationality

1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia uniforms of neutral or other States not Parties to the conflict.

2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Par while engaging in attacks or in order to shield, favour, protect or impede military operations.

3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recogni rules of international law applicable to espionage or to the use of flags in the conduct of armed conf at sea.

Article 40 - Quarter

It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to cond hostilities on this basis.

Article 41 - Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances, should be recognized to be hors de com shall not be made the object of attack.

2. A person is hors de combat if:

(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or

(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickn and therefore is incapable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

3. When persons entitled to protection as prisoners of war have fallen into the power of an adverse Pa under unusual conditions of combat which prevent their evacuation as provided for in Part III, Sectio of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure th safety.

Article 42 - Occupants of aircraft

1. No person parachuting from an aircraft in distress shall be made the object of attack during descent.

2. Upon reaching the ground in territory controlled by an adverse Party, a person who has parachu from an aircraft in distress shall be given an opportunity to surrender before being made the objec attack, unless it is apparent that he is engaging in a hostile act.

3. Airborne troops are not protected by this Article.

SECTION II - COMBATANT AND PRISONER-OF-WAR STATUS

Article 43 - Armed forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and u which are under a command responsible to that Party for the conduct of its subordinates, even if t Party is represented by a government or an authority not recognized by an adverse Party. Such arm forces shall be subject to an internal disciplinary system which, inter alia shall enforce compliance w the rules of international law applicable in armed conflict.

2. Members of the armed forces of a Party to a conflict (other than medical personnel and chapla covered by Article 33 of the Third Convention) are combatants, that is to say, they have the righ participate directly in hostilities.

3. Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into armed forces it shall so notify the other Parties to the conflict.

Article 44 - Combatants and prisoners of war

1. Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall b prisoner of war.

2. While all combatants are obliged to comply with the rules of international law applicable in arm conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided paragraphs 3 and 4.

3. In order to promote the protection of the civilian population from the effects of hostilit combatants are obliged to distinguish themselves from the civilian population while they are engaged an attack or in a military operation preparatory to an attack. Recognizing, however, that there situations in armed conflicts where, owing to the nature of the hostilities an armed combatant canno distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he car his arms openly:

(a) during each military engagement; and

(b) during such time as he is visible to the adversary while he is engaged in a milit deployment preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious wit the meaning of Article 37, paragraph 1 (c).

4. A combatant who falls into the power of an adverse Party while failing to meet the requirements forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he sh nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by Third Convention and by this Protocol. This protection includes protections equivalent to those accor to prisoners of war by the Third Convention in the case where such a person is tried and punished any offences he has committed.

5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or i military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisone war by virtue of his prior activities.

6. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Art 4 of the Third Convention.

7. This Article is not intended to change the generally accepted practice of States with respect to wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to conflict.

8. In addition to the categories of persons mentioned in Article 13 of the First and Second Conventio all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, sh be entitled to protection under those Conventions if they are wounded or sick or, in the case of Second Convention, ship-wrecked at sea or in other waters.

Article 45 - Protection of persons who have taken part in hostilities

1. A person who takes part in hostilities and falls into the power of an adverse Party shall be presum to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the sta of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depe claims such status on his behalf by notification to the detaining Power or to the Protecting Pow Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he sh continue to have such status and, therefore, to be protected by the Third Convention and this Proto until such time as his status has been determined by a competent tribunal.

2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and i be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicat Whenever possible under the applicable procedure, this adjudication shall occur before the trial for offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in wh that question is adjudicated, unless, exceptionally, the proceedings are held in camera in the interes State security. In such a case the detaining Power shall advise the Protecting Power accordingly.

3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and w does not benefit from more favourable treatment in accordance with the Fourth Convention shall h the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any s person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fou Convention, to his rights of communication under that Convention.

Article 46 - Spies

1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

2. A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territ controlled by an adverse Party, gathers or attempts to gather information shall not be considered engaging in espionage if, while so acting, he is in the uniform of his armed forces.

3. A member of the armed forces of a Party to the conflict who is a resident of territory occupied by adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gat information of military value within that territory shall not be considered as engaging in espion unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreov such a resident shall not lose his right to the status of prisoner of war and may not be treated as a unless he is captured while engaging in espionage.

4. A member of the armed forces of a Party to the conflict who is not a resident of territory occupied an adverse Party and who has engaged in espionage in that territory shall not lose his right to the sta of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the arm forces to which he belongs.

Article 47 - Mercenaries

1. A mercenary shall not have the right to be a combatant or a prisoner of war.

2. A mercenary is any person who:

(a) is specially recruited locally or abroad in order to fight in an armed conflict;

(b) does, in fact, take a direct part in the hostilities;

(c) is motivated to take part in the hostilities essentially by the desire for private gain and fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in exc of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party (d) is neither a national of a Party to the conflict nor a resident of territory controlled b Party to the conflict;

(e) is not a member of the armed forces of a Party to the conflict; and

( f ) has not been sent by a State which is not a Party to the conflict on official duty a member of its armed forces.

PART IV

CIVILIAN POPULATION

SECTION I - GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES

CHAPTER I - BASIC RULE AND FIELD OF APPLICATION

Article 48 - Basic rule

In order to ensure respect for and protection of the civilian population and civilian objects, the Partie the conflict shall at all times distinguish between the civilian population and combatants and betw civilian objects and military objectives and accordingly shall direct their operations only against milit objectives.

Article 49 - Definition of attacks and scope of application

1. "Attacks" means acts of violence against the adversary, whether in offence or in defence.

2. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territ conducted, including the national territory belonging to a Party to the conflict but under the control of adverse Party.

3. The provisions of this Section apply to any land, air or sea warfare which may affect the civil population, individual civilians or civilian objects on land. They further apply to all attacks from the or from the air against objectives on land but do not otherwise affect the rules of international applicable in armed conflict at sea or in the air.

4. The provisions of this Section are additional to the rules concerning humanitarian protect contained in the Fourth Convention, particularly in Part II thereof, and in other international agreeme binding upon the High Contracting Parties, as well as to other rules of international law relating to protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.

CHAPTER II - CIVILIANS AND CIVILIAN POPULATION

Article 50 - Definition of civilians and civilian population

1. A civilian is any person who does not belong to one of the categories of persons referred to in Art 4 A (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of do whether a person is a civilian, that person shall be considered to be a civilian.

2. The civilian population comprises all persons who are civilians.

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

Article 51 - Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against dangers aris from military operations. To give effect to this protection, the following rules, which are additiona other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. A or threats of violence the primary purpose of which is to spread terror among the civilian population prohibited.

3. Civilians shall enjoy the protection afforded by this Section, unless and for such time as they tak direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a) those which are not directed at a specific military objective;

(b) those which employ a method or means of combat which cannot be directed at a spec military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limi as required by this Protocol;

and consequently, in each such case, are of a nature to strike military objectives and civilians or civil objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate:

(a) an attack by bombardment by any methods or means which treats as a single milit objective a number of clearly separated and distinct military objectives located in a city, town, village other area containing a similar concentration of civilians or civilian objects; and

(b) an attack which may be expected to cause incidental loss of civilian life, injury civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation the concrete and direct military advantage anticipated.

6. Attacks against the civilian population or civilians by way of reprisals are prohibited.

7. The presence or movements of the civilian population or individual civilians shall not be used render certain points or areas immune from military operations, in particular in attempts to shi military objectives from attacks or to shield, favour or impede military operations. The Parties to conflict shall not direct the movement of the civilian population or individual civilians in order attempt to shield military objectives from attacks or to shield military operations.

8. Any violation of these prohibitions shall not release the Parties to the conflict from their le obligations with respect to the civilian population and civilians, including the obligation to take precautionary measures provided for in Article 57.

CHAPTER III - CIVILIAN OBJECTS

Article 52 - General protection of civilian objects

1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects wh are not military objectives as defined in paragraph 2.

2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, milit objectives are limited to those objects which by their nature, location, purpose or use make an effect contribution to military action and whose total or partial destruction, capture or neutralization, in circumstances ruling at the time, offers a definite military advantage.

3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a pl of worship, a house or other dwelling or a school, is being used to make an effective contribution military action, it shall be presumed not to be so used.

Article 53 - Protection of cultural objects and of places of worship

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, i prohibited:

(a) to commit any acts of hostility directed against the historic monuments, works of ar places of worship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of the military effort; (c) to make such objects the object of reprisals.

Article 54 - Protection of objects indispensable to the survival of the civilian population 1. Starvation of civilians as a method of warfare is prohibited.

2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the surviva the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, cro livestock, drinking water installations and supplies and irrigation works, for the specific purpose denying them for their sustenance value to the civilian population or to the adverse Party, whatever motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.

3. The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by adverse Party:

(a) as sustenance solely for the members of its armed forces; or

(b) if not as sustenance, then in direct support of military action, provided, however, tha no event shall actions against these objects be taken which may be expected to leave the civil population with such inadequate food or water as to cause its starvation or force its movement.

4. These objects shall not be made the object of reprisals.

5. In recognition of the vital requirements of any Party to the conflict in the defence of its natio territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made b Party to the conflict within such territory under its own control where required by imperative milit necessity.

Article 55 - Protection of the natural environment

1. Care shall be taken in warfare to protect the natural environment against widespread, long-term severe damage. This protection includes a prohibition of the use of methods or means of warfare wh are intended or may be expected to cause such damage to the natural environment and thereby prejudice the health or survival of the population.

2. Attacks against the natural environment by way of reprisals are prohibited.

Article 56 - Protection of works and installations containing dangerous forces

1. Works or installations containing dangerous forces, namely dams, dykes and nuclear electr generating stations, shall not be made the object of attack, even where these objects are milit objectives, if such attack may cause the release of dangerous forces and consequent severe losses amo the civilian population. Other military objectives located at or in the vicinity of these works installations shall not be made the object of attack if such attack may cause the release of danger forces from the works or installations and consequent severe losses among the civilian population.

2. The special protection against attack provided by paragraph 1 shall cease:

(a) for a dam or a dyke only if it is used for other than its normal function and in regu significant and direct support of military operations and if such attack is the only feasible way terminate such support;

(b) for a nuclear electrical generating station only if it provides electric power in regu significant and direct support of military operations and if such attack is the only feasible way terminate such support;

(c) for other military objectives located at or in the vicinity of these works or installati only if they are used in regular, significant and direct support of military operations and if such attac the only feasible way to terminate such support.

3. In all cases, the civilian population and individual civilians shall remain entitled to all the protect accorded them by international law, including the protection of the precautionary measures provided in Article 57. If the protection ceases and any of the works, installations or military objecti mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of dangerous forces.

4. It is prohibited to make any of the works, installations or military objectives mentioned in paragr 1 the object of reprisals.

5. The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity the works or installations mentioned in paragraph 1. Nevertheless, installations erected for the s purpose of defending the protected works or installations from attack are permissible and shall themselves be made the object of attack, provided that they are not used in hostilities except defensive actions necessary to respond to attacks against the protected works or installations and t their armament is limited to weapons capable only of repelling hostile action against the protected wo or installations.

6. The High Contracting Parties and the Parties to the conflict are urged to conclude further agreeme among themselves to provide additional protection for objects containing dangerous forces.

7. In order to facilitate the identification of the objects protected by this article, the Parties to conflict may mark them with a special sign consisting of a group of three bright orange circles placed the same axis, as specified in Article 16 of Annex I to this Protocol. The absence of such marking in way relieves any Party to the conflict of its obligations under this Article.

CHAPTER IV - PRECAUTIONARY MEASURES

Article 57 - Precautions in attack

1. In the conduct of military operations, constant care shall be taken to spare the civilian populati civilians and civilian objects.

2. With respect to attacks, the following precautions shall be taken:

(a) those who plan or decide upon an attack shall:

(i) do everything feasible to verify that the objectives to be attacked are neither civilians civilian objects and are not subject to special protection but are military objectives within the meaning paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them (ii) take all feasible precautions in the choice of means and methods of attack with a view avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and dam to civilian objects;

(iii) refrain from deciding to launch any attack which may be expected to cause inciden loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, wh would be excessive in relation to the concrete and direct military advantage anticipated;

(b) an attack shall be cancelled or suspended if it becomes apparent that the objective is n military one or is subject to special protection or that the attack may be expected to cause incidental l of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would excessive in relation to the concrete and direct military advantage anticipated;

(c) effective advance warning shall be given of attacks which may affect the civil population, unless circumstances do not permit.

3. When a choice is possible between several military objectives for obtaining a similar milit advantage, the objective to be selected shall be that the attack on which may be expected to cause least danger to civilian lives and to civilian objects.

4. In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conform with its rights and duties under the rules of international law applicable in armed conflict, take reasonable precautions to avoid losses of civilian lives and damage to civilian objects.

5. No provision of this Article may be construed as authorizing any attacks against the civil population, civilians or civilian objects.

Article 58 - Precautions against the effects of attacks

The Parties to the conflict shall, to the maximum extent feasible:

(a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove civilian population, individual civilians and civilian objects under their control from the vicinity military objectives;

(b) avoid locating military objectives within or near densely populated areas;

(c) take the other necessary precautions to protect the civilian population, individ civilians and civilian objects under their control against the dangers resulting from military operations

CHAPTER V - LOCALITIES AND ZONES UNDER SPECIAL PROTECTION

Article 59 - Non-defended localities

1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defen localities.

2. The appropriate authorities of a Party to the conflict may declare as a non-defended locality inhabited place near or in a zone where armed forces are in contact which is open for occupation by adverse Party. Such a locality shall fulfil the following conditions:

(a) all combatants, as well as mobile weapons and mobile military equipment must h been evacuated;

(b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and (d) no activities in support of military operations shall be undertaken.

3. The presence, in this locality, of persons specially protected under the Conventions and this Proto and of police forces retained for the sole purpose of maintaining law and order, is not contrary to conditions laid down in paragraph 2.

4. The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflic which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a n defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which ev it shall immediately so inform the Party making the declaration. Even if the conditions laid down paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the ot provisions of this Protocol and the other rules of international law applicable in armed conflict.

5. The Parties to the conflict may agree on the establishment of non-defended localities even if s localities do not fulfil the conditions laid down in paragraph 2. The agreement should define describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay do the methods of supervision.

6. The Party which is in control of a locality governed by such an agreement shall mark it, so far possible, by such signs as may be agreed upon with the other Party, which shall be displayed where t are clearly visible, especially on its perimeter and limits and on highways.

7. A locality loses its status as a non-defended locality when it ceases to fulfil the conditions laid do in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality sh continue to enjoy the protection provided by the other provisions of this Protocol and the other rules international law applicable in armed conflict.

Article 60 - Demilitarized zones

1. It is prohibited for the Parties to the conflict to extend their military operations to zones on wh they have conferred by agreement the status of demilitarized zone, if such extension is contrary to terms of this agreement.

2. The agreement shall be an express agreement, may be concluded verbally or in writing, eit directly or through a Protecting Power or any impartial humanitarian organization, and may consis reciprocal and concordant declarations. The agreement may be concluded in peace time, as well as a the outbreak of hostilities, and should define and describe, as precisely as possible, the limits of demilitarized zone and, if necessary, lay down the methods of supervision.

3. The subject of such an agreement shall normally be any zone which fulfils the following condition (a) all combatants, as well as mobile weapons and mobile military equipment, must h been evacuated;

(b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and (d) any activity linked to the military effort must have ceased.

The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down subparagraph (d) and upon persons to be admitted to the demilitarized zone other than those mentio in paragraph 4.

4. The presence, in this zone, of persons specially protected under the Conventions and this Proto and of police forces retained for the sole purpose of maintaining law and order, is not contrary to conditions laid down in paragraph 3.

5. The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may agreed upon with the other Party, which shall be displayed where they are clearly visible, especially its perimeter and limits and on highways.

6. If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agre none of them may use the zone for purposes related to the conduct of military operations or unilatera revoke its status.

7. If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 o the other Party shall be released from its obligations under the agreement conferring upon the zone status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to en the protection provided by the other provisions of this Protocol and the other rules of international applicable in armed conflict.

CHAPTER Vl - CIVIL DEFENCE

Article 61 - Definitions and scope For the purposes of this Protocol:

(a) "civil defence" means the performance of some or all of the undermentio humanitarian tasks intended to protect the civilian population against the dangers, and to help it recover from the immediate effects of hostilities or disasters and also to provide the conditions necess for its survival. These tasks are:

(i) warning;

(ii) evacuation;

(iii) management of shelters;

(iv) management of blackout measures;

(v) rescue;

(vi) medical services, including first aid, and religious assistance;

(vii) fire-fighting;

(viii) detection and marking of danger areas;

(ix) decontamination and similar protective measures;

(x) provision of emergency accommodation and supplies;

(xi) emergency assistance in the restoration and maintenance of order in distressed areas;

(xii) emergency repair of indispensable public utilities;

(xiii) emergency disposal of the dead;

(xiv) assistance in the preservation of objects essential for survival;

(xv) complementary activities necessary to carry out any of the tasks mentioned abo including, but not limited to, planning and organization;

(b) "civil defence organizations" means those establishments and other units which organized or authorized by the competent authorities of a Party to the conflict to perform any of tasks mentioned under subparagraph (a), and which are assigned and devoted exclusively to such task (c) "personnel" of civil defence organizations means those persons assigned by a Party to conflict exclusively to the performance of the tasks mentioned under subparagraph (a), includ personnel assigned by the competent authority of that Party exclusively to the administration of th organizations;

(d) "matériel" of civil defence organizations means equipment, supplies and transports u by these organizations for the performance of the tasks mentioned under subparagraph (a).

Article 62 - General protection

1. Civilian civil defence organizations and their personnel shall be respected and protected, subjec the provisions of this Protocol, particularly the provisions of this Section. They shall be entitled perform their civil defence tasks except in case of imperative military necessity.

2. The provisions of paragraph 1 shall also apply to civilians who, although not members of civil civil defence organizations, respond to an appeal from the competent authorities and perform c defence tasks under their control.

3. Buildings and matériel used for civil defence purposes and shelters provided for the civil population are covered by Article 52. Objects used for civil defence purposes may not be destroyed diverted from their proper use except by the Party to which they belong.

Article 63 - Civil defence in occupied territories

1. In occupied territories, civilian civil defence organizations shall receive from the authorities facilities necessary for the performance of their tasks. In no circumstances shall their personnel compelled to perform activities which would interfere with the proper performance of these tasks. T Occupying Power shall not change the structure or personnel of such organizations in any way wh might jeopardize the efficient performance of their mission. These organizations shall not be required give priority to the nationals or interests of that Power.

2. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations perform their tasks in any manner prejudicial to the interests of the civilian population.

3. The Occupying Power may disarm civil defence personnel for reasons of security.

4. The Occupying Power shall neither divert from their proper use nor requisition buildings or maté belonging to or used by civil defence organizations if such diversion or requisition would be harmfu the civilian population.

5. Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power m requisition or divert these resources, subject to the following particular conditions:

(a) that the buildings or matériel are necessary for other needs of the civilian population; a (b) that the requisition or diversion continues only while such necessity exists.

6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civil population or needed by such population.

Article 64 - Civilian civil defence organizations of neutral or other States not Parties to the conflict international co-ordinating organizations

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

2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the H Contracting Parties granting it should facilitate international co-ordination of such civil defence acti when appropriate. In such cases the relevant international organizations are covered by the provision this Chapter.

3. In occupied territories, the Occupying Power may only exclude or restrict the activities of civil civil defence organizations of neutral or other States not Parties to the conflict and of international ordinating organizations if it can ensure the adequate performance of civil defence tasks from its o resources or those of the occupied territory. Article 65 - Cessation of protection

1. The protection to which civilian civil defence organizations, their personnel, buildings, shelters matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tas acts harmful to the enemy. Protection may, however, cease only after a warning has been given setti whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

2. The following shall not lie considered as acts harmful to the enemy:

(a) that civil defence tasks are carried out under the direction or control of milit authorities;

(b) that civilian civil defence personnel co-operate with military personnel in performance of civil defence tasks, or that some military personnel are attached to civilian civil defe organizations;

(c) that the performance of civil defence tasks may incidentally benefit military victi particularly those who are hors de combat.

3. It shall also not be considered as an act harmful to the enemy that civilian civil defence person bear light individual weapons for the purpose of maintaining order or for self-defence. However, in ar where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake appropriate measures to limit these weapons to hand guns, such as pistols or revolvers, in order to as in distinguishing between civil defence personnel and combatants. Although civil defence person bear other light individual weapons in such areas, they shall nevertheless be respected and protected soon as they have been recognized as such.

4. The formation of civilian civil defence organizations along military lines, and compulsory service them, shall also not deprive them of the protection conferred by this Chapter.

Article 66 - Identification

1. Each Party to the conflict shall endeavour to ensure that its civil defence organizations, th personnel, buildings and matériel are identifiable while they are exclusively devoted to the performa of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable.

2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedu which will make it possible to recognize civilian shelters as well as civil defence personnel, buildi and matériel on which the international distinctive sign of civil defence is displayed.

3. In occupied territories and ill areas where fighting is taking place or is likely to take place, civil civil defence personnel should be recognizable by the international distinctive sign of civil defence by an identity card certifying their status.

4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange grou when used for the protection of civil defence organizations, their personnel, buildings and matériel for civilian shelters.

5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive sign for civil defence identification purposes.

6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to Protocol.

7. In time of peace, the sign described in paragraph 4 may, with the consent of the competent natio authorities, be used for civil defence identification purposes.

8. The High Contracting Parties and the Parties to the conflict shall take the measures necessary supervise the display of the international distinctive sign of civil defence and to prevent and repress misuse thereof.

9. The identification of civil defence medical and religious personnel, medical units and med transports is also governed by Article 18.

Article 67 - Members of the armed forces and military units assigned to civil defence organizations 1. Members of the armed forces and military units assigned to civil defence organizations shall respected and protected, provided that:

(a) such personnel and such units are permanently assigned and exclusively devoted to performance of any of the tasks mentioned in Article 61;

(b) if so assigned, such personnel do not perform any other military duties during conflict;

(c) such personnel are clearly distinguishable from the other members of the armed forces prominently displaying the international distinctive sign of civil defence, which shall be as large appropriate, and such personnel are provided with the identity card referred to in Chapter V of Anne to this Protocol certifying their status;

(d) such personnel and such units are equipped only with light individual weapons for purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall a apply in this case;

(e) such personnel do not participate directly in hostilities, and do not commit, or are used to commit, outside their civil defence tasks, acts harmful to the adverse Party;

( f ) such personnel and such units perform their civil defence tasks only within the natio territory of their Party.

The non-observance of the conditions stated in (e) above by any member of the armed forces who bound by the conditions prescribed in (a) and (b) above is prohibited.

2. Military personnel serving within civil defence organizations shall, if they fall into the power of adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civil population of that territory, be employed on civil defence tasks in so far as the need arises, provi however that, if such work is dangerous, they volunteer for such tasks.

3. The buildings and major items of equipment and transports of military units assigned to civil defe organizations shall be clearly marked with the international distinctive sign of civil defence. T distinctive sign shall be as large as appropriate.

4. The matériel and buildings of military units permanently assigned to civil defence organizations exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of adverse Party, remain subject to the laws of war. They may not be diverted from their civil defe purpose so long as they are required for the performance of civil defence tasks, except in case imperative military necessity, unless previous arrangements have been made for adequate provision the needs of the civilian population .

SECTION II - RELIEF IN FAVOUR OF THE CIVILIAN POPULATION

Article 68 - Field of application

The provisions of this Section apply to the civilian population as defined in this Protocol and supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fou Convention.

Article 69 - Basic needs in occupied territories

l. In addition to the duties specified in Article 55 of the Fourth Convention concerning food and med supplies, the Occupying Power shall, to the fullest extent of the means available to it and without adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supp essential to the survival of the civilian population of the occupied territory and objects necessary religious worship.

2. Relief actions for the benefit of the civilian population of occupied territories are governed Articles 59, 60, 61, 62, 108, l09, 110 and 111 of the Fourth Convention, and by Article 71 of Protocol, and shall be implemented without delay.

Article 70 - Relief actions

1. If the civilian population of any territory under the control of a Party to the conflict, other t occupied territory, is not adequately provided with the supplies mentioned in Article 69, relief acti which are humanitarian and impartial in character and conducted without any adverse distinction sh be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of s relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribut of relief consignments, priority shall be given to those persons, such as children, expectant moth maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to accorded privileged treatment or special protection.

2. The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid unimpeded passage of all relief consignments, equipment and personnel provided in accordance w this Section, even if such assistance is destined for the civilian population of the adverse Party.

3. The Parties to the conflict and each High Contracting Party which allow the passage of re consignments, equipment and personnel in accordance with paragraph 2:

(a) shall have the right to prescribe the technical arrangements, including search, un which such passage is permitted;

(b) may make such permission conditional on the distribution of this assistance being m under the local supervision of a Protecting Power;

(c) shall, in no way whatsoever, divert relief consignments from the purpose for which t are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civil population concerned.

4. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.

5. The Parties to the conflict and each High Contracting Party concerned shall encourage and facili effective international co-ordination of the relief actions referred to in paragraph 1.

Article 71 - Personnel participating in relief actions

1. Where necessary, relief personnel may form part of the assistance provided in any relief action particular for the transportation and distribution of relief consignments; the participation of s personnel shall be subject to the approval of the Party in whose territory they will carry out their dutie 2. Such personnel shall be respected and protected.

3. Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the re personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperat military necessity may the activities of the relief personnel be limited or their movements tempora restricted.

4. Under no circumstances may relief personnel exceed the terms of their mission under this Proto In particular they shall take account of the security requirements of the Party in whose territory they carrying out their duties. The mission of any of the personnel who do not respect these conditions m be terminated

SECTION III - TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT

CHAPTER I - FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS

Article 72 - Field of application

The provisions of this Section are additional to the rules concerning humanitarian protection of civili and civilian objects in the power of a Party to the conflict contained in the Fourth Conventi particularly Parts I and III thereof, as well as to other applicable rules of international law relating to protection of fundamental human rights during international armed conflict.

Article 73 - Refugees and stateless persons

Persons who, before the beginning of hostilities, were considered as stateless persons or refugees un the relevant international instruments accepted by the Parties concerned or under the national legislat of the State of refuge or State of residence shall be protected persons within the meaning of Parts I III of the Fourth Convention, in all circumstances and without any adverse distinction.

Article 74 - Reunion of dispersed families

The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work the humanitarian organizations engaged in this task in accordance with the provisions of Conventions and of this Protocol and in conformity with their respective security regulations.

Article 75 - Fundamental guarantees

1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who ar the power of a Party to the conflict and who do not benefit from more favourable treatment under Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, a minimum, the protection provided by this Article without any adverse distinction based upon ra colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, b or other status, or on any other similar criteria. Each Party shall respect the person, honour, convicti and religious practices of all such persons.

2. The following acts are and shall remain prohibited at any time and in any place whatsoever, whet committed by civilian or by military agents:

(a) violence to the life, health, or physical or mental well-being of persons, in particular:

(i) murder;

(ii) torture of all kinds, whether physical or mental;

(iii) corporal punishment; and (iv) mutilation;

(b) outrages upon personal dignity, in particular humiliating and degrading treatm enforced prostitution and any form of indecent assault;

(c) the taking of hostages;

(d) collective punishments; and

(e) threats to commit any of the foregoing acts.

3. Any person arrested, detained or interned for actions related to the armed conflict shall be inform promptly, in a language he understands, of the reasons why these measures have been taken. Excep cases of arrest or detention for penal offences, such persons shall be released with the minimum de possible and in any event as soon as the circumstances justifying the arrest, detention or internment h ceased to exist.

4. No sentence may be passed and no penalty may be executed on a person found guilty of a pe offence related to the armed conflict except pursuant to a conviction pronounced by an impartial regularly constituted court respecting the generally recognized principles of regular judicial procedu which include the following:

(a) the procedure shall provide for an accused to be informed without delay of the particu of the offence alleged against him and shall afford the accused before and during his trial all necess rights and means of defence;

(b) no one shall be convicted of an offence except on the basis of individual pe responsibility;

(c) no one shall be accused or convicted of a criminal offence on account of any act omission which did not constitute a criminal offence under the national or international law to which was subject at the time when it was committed; nor shall a heavier penalty be imposed than that wh was applicable at the time when the criminal offence was committed; if, after the commission of offence, provision is made by law for the imposition of a lighter penalty, the offender shall ben thereby;

(d) anyone charged with an offence is presumed innocent until proved guilty according law;

(e) anyone charged with an offence shall have the right to be tried in his presence;

( f ) no one shall be compelled to testify against himself or to confess guilt;

(g) anyone charged with an offence shall have the right to examine, or have examined, witnesses against him and to obtain the attendance and examination of witnesses on his behalf under same conditions as witnesses against him;

(h) no one shall be prosecuted or punished by the same Party for an offence in respec which a final judgement acquitting or convicting that person has been previously pronounced under same law and judicial procedure;

(i) anyone prosecuted for an offence shall have the right to have the judgement pronoun publicly; and

( j) a convicted person shall be advised on conviction of his judicial and other remedies of the time-limits within which they may be exercised.

5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held quarters separated from men's quarters. They shall be under the immediate supervision of wom Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held the same place and accommodated as family units.

6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy protection provided by this Article until their final release, repatriation or re-establishment, even a the end of the armed conflict.

7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes crimes against humanity, the following principles shall apply:

(a) persons who are accused of such crimes should be submitted for the purpose prosecution and trial in accordance with the applicable rules of international law; and

(b) any such persons who do not benefit from more favourable treatment under Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.

8. No provision of this Article may be construed as limiting or infringing any other more favoura provision granting greater protection, under any applicable rules of international law, to persons cove by paragraph 1.

CHAPTER II - MEASURES IN FAVOUR OF WOMEN AND CHILDREN

Article 76 - Protection of women

1. Women shall be the object of special respect and shall be protected in particular against rape, for prostitution and any other form of indecent assault.

2. Pregnant women and mothers having dependent infants who are arrested, detained or interned reasons related to the armed conflict, shall have their cases considered with the utmost priority.

3. To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid pronouncement of the death penalty on pregnant women or mothers having dependent infants, for offence related to the armed conflict. The death penalty for such offences shall not be executed on s women.

Article 77 - Protection of children

1. Children shall be the object of special respect and shall be protected against any form of indec assault. The Parties to the conflict shall provide them with the care and aid they require, whether beca of their age or for any other reason.

2. The Parties to the conflict shall take all feasible measures in order that children who have not attai the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain fr recruiting them into their armed forces. In recruiting among those persons who have attained the age fifteen years but who have not attained the age of eighteen years, the Parties to the conflict sh endeavour to give priority to those who are oldest.

3. If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they sh continue to benefit from the special protection accorded by this Article, whether or not they are prison of war.

4. If arrested, detained or interned for reasons related to the armed conflict, children shall be held quarters separate from the quarters of adults, except where families are accommodated as family unit provided in Article 75, paragraph 5.

5. The death penalty for an offence related to the armed conflict shall not be executed on persons w had not attained the age of eighteen years at the time the offence was committed.

Article 78 - Evacuation of children

1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, t foreign country except for a temporary evacuation where compelling reasons of the health or med treatment of the children or, except in occupied territory, their safety, so require. Where the parents legal guardians can be found, their written consent to such evacuation is required. If these pers cannot be found, the written consent to such evacuation of the persons who by law or custom primarily responsible for the care of the children is required. Any such evacuation shall be supervised the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. In e case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation.

2. Whenever an evacuation occurs pursuant to paragraph 1, each child's education, including religious and moral education as his parents desire, shall be provided while he is away with the grea possible continuity.

3. With a view to facilitating the return to their families and country of children evacuated pursuan this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authori of the receiving country shall establish for each child a card with photographs, which they shall send the Central Tracing Agency of the International Committee of the Red Cross. Each card shall b whenever possible, and whenever it involves no risk of harm to the child, the following information: (a) surname(s) of the child;

(b) the child's first name(s); (c) the child's sex;

(d) the place and date of birth (or, if that date is not known, the approximate age); (e) the father's full name;

( f ) the mother's full name and her maiden name;

(g) the child's next-of-kin;

(h) the child's nationality;

(i) the child's native language, and any other languages he speaks;

( j) the address of the child's family;

(k) any identification number for the child;

(l) the child's state of health; (m) the child's blood group;

(n) any distinguishing features;

(o) the date on which and the place where the child was found;

(p) the date on which and the place from which the child left the country;

(q) the child's religion, if any;

(r) the child's present address in the receiving country;

(s) should the child die before his return, the date, place and circumstances of death place of interment.

CHAPTER III - JOURNALISTS

Article 79 - Measures of protection for journalists

1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be conside as civilians within the meaning of Article 50, paragraph 1.

2. They shall be protected as such under the Conventions and this Protocol, provided that they take action adversely affecting their status as civilians, and without prejudice to the right of w correspondents accredited to the armed forces to the status provided for in Article 4 A (4) of the Th Convention.

3. They may obtain an identity card similar to the model in Annex II of this Protocol. This card, wh shall be issued by the government of the State of which the journalist is a national or in whose territ he resides or in which the news medium employing him is located, shall attest to his status a journalist.

PART V

EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL

SECTION I - GENERAL PROVISIONS

Article 80 - Measures for execution

1. The High Contracting Parties and the Parties to the conflict shall without delay take all necess measures for the execution of their obligations under the Conventions and this Protocol.

2. The High Contracting Parties and the Parties to the conflict shall give orders and instructions ensure observance of the Conventions and this Protocol, and shall supervise their execution.

Article 81 - Activities of the Red Cross and other humanitarian organizations

1. The Parties to the conflict shall grant to the International Committee of the Red Cross all facili within their power so as to enable it to carry out the humanitarian functions assigned to it by Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; International Committee of the Red Cross may also carry out any other humanitarian activities in fav of these victims, subject to the consent of the Parties to the conflict concerned.

2. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and S organizations the facilities necessary for carrying out their humanitarian activities in favour of victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and fundamental principles of the Red Cross as formulated by the International Conferences of the R Cross.

3. The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way assistance which Red Cross (Red Crescent, Red Lion and Sun) organizations and the League of R Cross Societies extend to the victims of conflicts in accordance with the provisions of the Conventi and this Protocol and with the fundamental principles of the Red Cross as formulated by International Conferences of the Red Cross.

4. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facili similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizati referred to in the Conventions and this Protocol which are duly authorized by the respective Partie the conflict and which perform their humanitarian activities in accordance with the provisions of Conventions and this Protocol.

Article 82 - Legal advisers in armed forces

The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, sh ensure that legal advisers are available, when necessary, to advise military commanders at appropriate level on the application of the Conventions and this Protocol and on the appropr instruction to be given to the armed forces on this subject.

Article 83 - Dissemination

1. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to dissemin the Conventions and this Protocol as widely as possible in their respective countries and, in particular include the study thereof in their programmes of military instruction and to encourage the study ther by the civilian population, so that those instruments may become known to the armed forces and to civilian population.

2. Any military or civilian authorities who, in time of armed conflict, assume responsibilities in resp of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.

Article 84 - Rules of application

The High Contracting Parties shall communicate to one another, as soon as possible, through depositary and, as appropriate, through the Protecting Powers, their official translations of this Proto as well as the laws and regulations which they may adopt to ensure its application.

SECTION II - REPRESSION OF BREACHES OF THE CONVENTIONS AND OF TH

PROTOCOL

Article 85 - Repression of breaches of this Protocol

1. The provisions of the Conventions relating to the repression of breaches and grave breach supplemented by this Section, shall apply to the repression of breaches and grave breaches of Protocol.

2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if commit against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol against those medical or religious personnel, medical units or medical transports which are under control of the adverse Party and are protected by this Protocol.

3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as gr breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of Protocol, and causing death or serious injury to body or health:

(a) making the civilian population or individual civilians the object of attack;

(b) launching an indiscriminate attack affecting the civilian population or civilian object the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civil objects, as defined in Article 57, paragraph 2 (a) (iii);

(c) launching an attack against works or installations containing dangerous forces in knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civil objects, as defined in Article 57, paragraph 2 (a) (iii);

(d) making non-defended localities and demilitarized zones the object of attack;

(e) making a person the object of attack in the knowledge that he is hors de combat;

( f ) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cro red crescent or red lion and sun or of other protective signs recognized by the Conventions or Protocol.

4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violat of the Conventions or the Protocol:

(a) the transfer by the Occupying Power of parts of its own civilian population into territory it occupies, or the deportation or transfer of all or parts of the population of the occup territory within or outside this territory, in violation of Article 49 of the Fourth Convention;

(b) unjustifiable delay ill the repatriation of prisoners of war or civilians;

(c) practices of apartheid and other human and degrading practices involving outrages up personal dignity, based on racial discrimination;

(d) making the clearly-recognized historic monuments, works of art or places of wors which constitute the cultural or spiritual heritage of peoples and to which special protection has b given by special arrangement, for example, within the framework of a competent internatio organization, the object of attack, causing as a result extensive destruction thereof, where there is evidence of the violation by the adverse Party of Article 53, subparagraph (b), and when such histo monuments, works of art and places of worship are not located in the immediate proximity of milit objectives;

(e) depriving a person protected by the Conventions or referred to in paragraph 2 of Article of the rights of fair and regular trial.

5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of th instruments shall be regarded as war crimes.

Article 86 - Failure to act

1. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and t measures necessary to suppress all other breaches, of the Conventions or of this Protocol which re from a failure to act when under a duty to do so.

2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate d not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew had information which should have enabled them to conclude in the circumstances at the time, that was committing or was going to commit such a breach and if they did not take all feasible measu within their power to prevent or repress the breach.

Article 87 - Duty of commanders

1. The High Contracting Parties and the Parties to the conflict shall require military commanders, w respect to members of the armed forces under their command and other persons under their control prevent and, where necessary, to suppress and to report to competent authorities breaches of Conventions and of this Protocol.

2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict sh require that, commensurate with their level of responsibility, commanders ensure that members of armed forces under their command are aware of their obligations under the Conventions and Protocol.

3. The High Contracting Parties and Parties to the conflict shall require any commander who is aw that subordinates or other persons under his control are going to commit or have committed a breach the Conventions or of this Protocol, to initiate such steps as are necessary to prevent such violations the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action aga violators thereof.

Article 88 - Mutual assistance in criminal matters

1. The High Contracting Parties shall afford one another the greatest measure of assistance connection with criminal proceedings brought in respect of grave breaches of the Conventions or of Protocol.

2. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph l this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in matter of extradition. They shall give due consideration to the request of the State in whose territory alleged offence has occurred.

3. The law of the High Contracting Party requested shall apply in all cases. The provisions of preceding paragraphs shall not, however, affect the obligations arising from the provisions of any ot treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the sub of mutual assistance in criminal matters.

Article 89 - Co-operation

In situations of serious violations of the Conventions or of this Protocol, the High Contracting Par undertake to act, jointly or individually, in co-operation with the United Nations and in conformity w the United Nations Charter.

Article 90 - International Fact-Finding Commission

1.-

(a) An International Fact-Finding Commission (hereinafter referred to as "the Commissio consisting of fifteen members of high moral standing and acknowledged impartiality shall established.

(b) When not less than twenty High Contracting Parties have agreed to accept competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals five years thereafter, convene a meeting of representatives of those High Contracting Parties for purpose of electing the members of the Commission. At the meeting, the representatives shall elect members of the Commission by secret ballot from a list of persons to which each of those H Contracting Parties may nominate one person.

(c) The members of the Commission shall serve in their personal capacity and shall h office until the election of new members at the ensuing meeting.

(d) At the election, the High Contracting Parties shall ensure that the persons to be elected the Commission individually possess the qualifications required and that, in the Commission as a wh equitable geographical representation is assured.

(e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having regard to the provisions of the preceding sub-paragraphs.

( f ) The depositary shall make available to the Commission the necessary administrat facilities for the performance of its functions .

2.-

(a) The High Contracting Parties may at the time of signing, ratifying or acceding to Protocol, or at any other subsequent time, declare that they recognize ipso facto and without spe agreement, in relation to any other High Contracting Party accepting the same obligation, competence of the Commission to enquire into allegations by such other Party as authorized by Article.

(b) The declarations referred to above shall be deposited with the depositary, which sh transmit copies thereof to the High Contracting Parties.

(c) The Commission shall be competent to:

(i) enquire into any facts alleged to be a grave breach as defined in the Conventions and Protocol or other serious violation of the Conventions or of this Protocol;

(ii) facilitate, through its good offices, the restoration of an attitude of respect for Conventions and this Protocol.

(d) In other situations, the Commission shall institute an enquiry at the request of a Party the conflict only with the consent of the other Party or Parties concerned.

(e) Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of First Convention, Article 53 of the Second Convention, Article 132 of the Third Convention and Art 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions shall extend to any alleged violation of this Protocol.

3.-

(a) Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken b Chamber consisting of seven members appointed as follows:

(i) five members of the Commission, not nationals of any Party to the conflict, appointed the President of the Commission on the basis of equitable representation of the geographical areas, a consultation with the Parties to the conflict;

(ii) two ad hoc members, not nationals of any Party to the conflict, one to be appointed each side.

(b) Upon receipt of the request for an enquiry, the President of the Commission shall spec an appropriate time limit for setting up a Chamber. If any ad hoc member has not been appointed wit the time limit, the President shall immediately appoint such additional member or members of Commission as may be necessary to complete the membership of the Chamber.

4.-

(a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Partie the conflict to assist it and to present evidence. The Chamber may also seek such other evidence a deems appropriate and may carry out an investigation of the situation in loco.

(b) All evidence shall be fully disclosed to the Parties, which shall have the right to comm on it to the Commission.

(c) Each Party shall have the right to challenge such evidence.

5.-

(a) The Commission shall submit to the Parties a report on the findings of fact of Chamber, with such recommendations as it may deem appropriate.

(b) If the Chamber is unable to secure sufficient evidence for factual and impartial findin the Commission shall state the reasons for that inability.

(c) The Commission shall not report its findings publicly, unless all the Parties to conflict have requested the Commission to do so.

6. The Commission shall establish its own rules, including rules for the presidency of the Commiss and the presidency of the Chamber. Those rules shall ensure that the functions of the President of Commission are exercised at all times and that, in the case of an enquiry, they are exercised by a per who is not a national of a Party to the conflict.

7. The administrative expenses of the Commission shall be met by contributions from the H

Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. T Party or Parties to the conflict requesting an enquiry shall advance the necessary funds for expen incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations made to the extent of fifty percent of the costs of the Chamber. Where there are counter-allegati before the Chamber each side shall advance fifty per cent. of the necessary funds.

Article 91 - Responsibility

A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if case demands, be liable to pay compensation. It shall be responsible for all acts committed by pers forming part of its armed forces.

PART VI

FINAL PROVISIONS

Article 92 - Signature

This Protocol shall be open for signature by the Parties to the Conventions six months after the sign of the Final Act and will remain open for a period of twelve months.

Article 93 - Ratification

This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited w the Swiss Federal Council, depositary of the Conventions.

Article 94 - Accession

This Protocol shall be open for accession by any Party to the Conventions which has not signed it. T instruments of accession shall be deposited with the depositary.

Article 95 - Entry into force

1. This Protocol shall enter into force six months after two instruments of ratification or accession h been deposited.

2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter i force six months after the deposit by such Party of its instrument of ratification or accession.

Article 96 - Treaty relations upon entry into force of this Protocol

1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply supplemented by this Protocol.

2. When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol sh remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relat to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof 3. The authority representing a people engaged against a High Contracting Party in an armed conflic the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions and this Proto in relation to that conflict by means of a unilateral declaration addressed to the depositary. S declaration shall, upon its receipt by the depositary, have in relation to that conflict the following effe (a) the Conventions and this Protocol are brought into force for the said authority as a Pa to the conflict with immediate effect;

(b) the said authority assumes the same rights and obligations as those which have b assumed by a High Contracting Party to the Conventions and this Protocol; and

(c) the Conventions and this Protocol are equally binding upon all Parties to the conflict.

Article 97 - Amendment

1. Any High Contracting Party may propose amendments to this Protocol. The text of any propo amendment shall be communicated to the depositary, which shall decide, after consultation with all High Contracting Parties and the International Committee of the Red Cross, whether a confere should be convened to consider the proposed amendment.

2. The depositary shall invite to that conference all the High Contracting Parties as well as the Partie the Conventions, whether or not they are signatories of this Protocol.

Article 98 - Revision of Annex I

1. Not later than four years after the entry into force of this Protocol and thereafter at intervals of less than four years, the International Committee of the Red Cross shall consult the High Contract Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting technical experts to review Annex I and to propose such amendments to it as may appear to be desirab Unless, within six months of the communication of a proposal for such a meeting to the H Contracting Parties, one third of them object, the International Committee of the Red Cross sh convene the meeting, inviting also observers of appropriate international organizations. Such a meet shall also be convened by the International Committee of the Red Cross at any time at the request of third of the High Contracting Parties.

2. The depositary shall convene a conference of the High Contracting Parties and the Parties to Conventions to consider amendments proposed by the meeting of technical experts if, after that meeti the International Committee of the Red Cross or one third of the High Contracting Parties so request.

3. Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the H Contracting Parties present and voting.

4. The depositary shall communicate any amendment so adopted to the High Contracting Parties and the Parties to the Conventions. The amendment shall be considered to have been accepted at the end o period of one year after it has been so communicated, unless within that period a declaration of n acceptance of the amendment has been communicated to the depositary by not less than one third of High Contracting Parties.

5. An amendment considered to have been accepted in accordance with paragraph 4 shall enter i force three months after its acceptance for all High Contracting Parties other than those which h made a declaration of non-acceptance in accordance with that paragraph. Any Party making suc declaration may at any time withdraw it and the amendment shall then enter into force for that Pa three months thereafter.

6. The depositary shall notify the High Contracting Parties and the Parties to the Conventions of entry into force of any amendment, of the Parties bound thereby, of the date of its entry into force relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and withdrawals of such declarations. Article 99 - Denunciation

1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only t effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year denouncing Party is engaged in one of the situations referred to in Article 1, the denunciation shall take effect before the end of the armed conflict or occupation and not, in any case, before operati connected with the final release, repatriation or re-establishment of the persons protected by Conventions or this Protocol have been terminated.

2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the H Contracting Parties.

3. The denunciation shall have effect only in respect of the denouncing Party.

4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of armed conflict, under this Protocol by such denouncing Party in respect of any act committed before denunciation becomes effective. Article 100 - Notifications

The depositary shall inform the High Contracting Parties as well as the Parties to the Conventio whether or not they are signatories of this Protocol, of:

(a) signatures affixed to this Protocol and the deposit of instruments of ratification accession under Articles 93 and 94;

(b) the date of entry into force of this Protocol under Article 95;

(c) communications and declarations received under Articles 84, 90 and 97;

(d) declarations received under Article 96, paragraph 3, which shall be communicated by quickest methods; and

(e) denunciations under Article 99.

Article 101 - Registration

1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of United Nations for registration and publication, in accordance with Article 102 of the Charter of United Nations.

2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessi and denunciations received by it with respect to this Protocol.

Article 102 - Authentic texts

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish te are equally authentic, shall be deposited with the depositary, which shall transmit certified true cop thereof to all the Parties to the Conventions.

ANNEX I

REGULATIONS CONCERNING IDENTIFICATION

(as amended on 30 November 1993)

Article 1 - General provisions

(New article)

1. The regulations concerning identification in this Annex implement the relevant provisions of Geneva Conventions and the Protocol; they are intended to facilitate the identification of personn material, units, transports and installations protected under the Geneva Conventions and the Protocol.

2. These rules do not in and of themselves establish the right to protection. This right is governed by relevant articles in the Conventions and the Protocol.

3. The competent authorities may, subject to the relevant provisions of the Geneva Conventions and Protocol, at all times regulate the use, display, illumination and detectability of the distinctive emble and signals.

4. The High Contracting Parties and in particular the Parties to the conflict are invited at all times agree upon additional or other signals, means or systems which enhance the possibility of identificat and take full advantage of technological developments in this field.

CHAPTER I - IDENTITY CARDS

Article 2 - Identity card for permanent civilian medical and religious personnel

1. The identity card for permanent civilian medical and religious personnel referred to in Article paragraph 3, of the Protocol should:

(a) bear the distinctive emblem and be of such size that it can be carried in the pocket; (b) be as durable as practicable;

(c) be worded in the national or official language and, in addition and when appropriate the local language of the region concerned;

(d) mention the name, the date of birth (or, if that date is not available, the age at the time issue) and the identity number, if any, of the holder;

(e) state in what capacity the holder is entitled to the protection of the Conventions and the Protocol;

( f ) bear the photograph of the holder as well as his signature or his thumb print, or both;

(g) bear the stamp and signature of the competent authority;

(h) state the date of issue and date of expiry of the card;

(i) indicate, whenever possible, the holder's blood group, on the reverse side of the card.

2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided the single-language model shown in Figure l . At the outbreak of hostilities, they shall transmit to e other a specimen of the model they are using, if such model differs from that shown in Figure 1. T identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing author which should maintain control of the cards which it has issued.

3. In no circumstances may permanent civilian medical and religious personnel be deprived of th identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.

Article 3 - Identity card for temporary civilian medical and religious personnel

l. The identity card for temporary civilian medical and religious personnel should, whenever possib be similar to that provided for in Article l of these Regulations. The Parties to the conflict may be gui by the model shown in Figure l.

2. When circumstances preclude the provision to temporary civilian medical and religious personne identity cards similar to those described in Article 2 of these Regulations, the said personnel may provided with a certificate signed by the competent authority certifying that the person to whom i issued is assigned to duty as temporary personnel and stating, if possible, the duration of s assignment and his right to wear the distinctive emblem. The certificate should mention the holde name and date of birth (or if that is not available, his age at the time when the certificate was issued), function and identity number, if any. It shall bear his signature or his thumb print, or both.

CHAPTER II - THE DISTINCTIVE EMBLEM

Article 4 - Shape

The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstanc For the shapes of the cross, the crescent or the lion and sun*, the High Contracting Parties may guided by the models shown in Figure 2.

* No State has used the emblem of the lion and sun since 1980.

Article 5 - Use

l. The distinctive emblem shall, whenever possible, be displayed on a flat surface, on flags or in other way appropriate to the lay of the land, so that it is visible from as many directions and from as away as possible, and in particular from the air.

2. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated.

3. The distinctive emblem may be made of materials which make it recognizable by technical mean detecting. The red part should be painted on top of black primer paint in order to facilitate identification, in particular by infrared instruments.

4. Medical and religious personnel carrying out their duties in the battle area shall, as far as possib wear headgear and clothing bearing the distinctive emblem.

CHAPTER III - DISTINCTIVE SIGNALS

Article 6 - Use

1. All distinctive signals specified in this Chapter may be used by medical units or transports.

2. These signals, at the exclusive disposal of medical units and transports, shall not be used for other purpose, the use of the light signal being reserved (see paragraph 3 below).

3. In the absence of a special agreement between the Parties to the conflict reserving the use of flash blue lights for the identification of medical vehicles, ships and craft, the use of such signals for ot vehicles, ships and craft is not prohibited.

4. Temporary medical aircraft which cannot, either for lack of lime or because of their characterist be marked with the distinctive emblem, may use the distinctive signals authorized in this Chapter.

Article 7 - Light signal

1. The light signal, consisting of a flashing blue light as defined in the Airworthiness Technical Man of the International Civil Aviation Organization (ICAO) Doc. 9051, is established for the use of med aircraft to signal their identity. No other aircraft shall use this signal. Medical aircraft using the flash blue light should exhibit such lights as may be necessary to make the light signal visible from as m directions as possible.

2. In accordance with the provisions of Chapter XIV, paragraph 4 of the International Mariti Organization (IMO) International Code of Signals, vessels protected by the Geneva Conventions 1949 and the Protocol should exhibit one or more flashing blue lights visible from any direction.

3. Medical vehicles should exhibit one or more flashing blue lights visible from as far away as possib The High Contracting Parties and, in particular, the Parties to the conflict which use lights of ot colours should give notification of this.

4. The recommended blue colour is obtained when its chromaticity is within the boundaries of International Commission on Illumination (ICT) chromaticity diagram defined by the follow equations: green boundary y = 0.065 + 0,805x white boundary y = 0.400 - x

purple boundary x = 0.133 + 0,600y

The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute Article 8 - Radio signal

1. The radio signal shall consist of the urgency signal and the distinctive signal as described in International Telecommunication Union (ITU) Radio Regulations (RR Articles 40 and N 40).

2. The radio message preceded by the urgency and distinctive signals mentioned in paragraph 1 shall transmitted in English at appropriate intervals on a frequency or frequencies specified for this purpos the Radio Regulations, and shall convey the following data relating to the medical transports concerne (a) call sign or other recognized means of identification;

(b) position;

(c) number and type of vehicles;

(d) intended route;

(e) estimated time en route and of departure and arrival, as appropriate;

( f ) any other information, such as flight altitude, guarded radio frequencies, languages u and secondary surveillance radar modes and codes.

3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as communications referred to in Articles 22, 23 and 25 to 31 of the Protocol, the High Contracting Part the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may design in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to International Telecommunication Convention, and publish selected national frequencies to be used them for such communications. The International Telecommunication Union shall be notified of th frequencies in accordance with procedures approved by a World Administrative Radio Conference.

Article 9 - Electronic identification

1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chic Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties t conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedu to be recommended by the International Civil Aviation Organization.

2. Protected medical transports may, for their identification and location, use standard aeronautical ra transponders and/or maritime search and rescue radar transponders.

It should be possible for protected medical transports to be identified by other vessels or airc equipped with secondary surveillance radar by means of a code transmitted by a radar transponder, in mode 3/A, fitted on the medical transports.

The code transmitted by the medical transport transponder should be assigned to that transport by competent authorities and notified to all the Parties to the conflict.

3. It should be possible for medical transports to be identified by submarines by the appropr underwater acoustic signals transmitted by the medical transports.

The underwater acoustic signal shall consist of the call sign (or any other recognized means identification of medical transport) of the ship preceded by the single group YYY transmitted in mo on an appropriate acoustic frequency, e.g. 5 kHz.

Parties to a conflict wishing to use the underwater acoustic identification signal described above sh inform the Parties concerned of the signal as soon as possible, and shall, when notifying the use of th hospital ships, confirm the frequency to be employed.

4. Parties to a conflict may, by special agreement between them, establish for their use a sim electronic system for the identification of medical vehicles, and medical ships and craft.

CHAPTER IV - COMMUNICATIONS

Article 10 - Radiocommunications

1. The urgency signal and the distinctive signal provided for in Article 8 may precede appropriate ra communications by medical units and transports in the application of the procedures carried out un Articles 22, 23 and 25 to 31 of the Protocol.

2. The medical transports referred to in Articles 40 (Section II, No. 3209) and N 40 (Section III, N 3214) of the ITU Radio Regulations may also transmit their communications by satellite systems accordance with the provisions of Articles 37, N 37 and 59 of the ITU Radio Regulations for Mobile-Satellite Services.

Article 11 - Use of international codes

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

Article 12 - Other means of communication

When two-way radio communication is not possible, the signals provided for in the International C of Signals adopted by the International Maritime Organization or in the appropriate Annex to Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time time, may be used. Article 13 - Flight plans

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

Article 14 - Signals and procedures for the interception of medical aircraft

If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require i land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio intercept procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation o December 1944, as amended from time to time, should be used by the intercepting and the med aircraft.

CHAPTER V - CIVIL DEFENCE

Article 15 - Identity card

1. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of Protocol is governed by the relevant provisions of Article 2 of these Regulations.

2. The identity card for civil defence personnel may follow the model shown in Figure 3.

3. If civil defence personnel are permitted to carry light individual weapons, an entry to that eff should be made on the card mentioned. Article 16 - International distinctive sign

1. The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4:

2. It is recommended that:

(a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be orange flag, armlet or tabard;

(b) one of the angles of the triangle be pointed vertically upwards; (c) no angle of the triangle touch the edge of the orange ground.

3. The international distinctive sign shall be as large as appropriate under the circumstances. T distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as m directions and from as far away as possible. Subject to the instructions of the competent authority, c defence personnel shall, as far as possible, wear headgear and clothing bearing the internatio distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it m also be made of materials rendering it recognizable by technical means of detection.

CHAPTER Vl - WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES

Article 17 - International special sign

1. The international special sign for works and installations containing dangerous forces, as provi for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of eq size, placed on the same axis, the distance between each circle being one radius, in accordance w Figure 5 illustrated below.

2. The sign shall be as large as appropriate under the circumstances. When displayed over an exten surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possib be displayed on flat surfaces or on flags so as to be visible from as many directions and from as far aw as possible.

3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall one radius of a circle. The flag shall be rectangular and shall have a white ground.

4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made materials rendering it recognizable by technical means of detection.

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.

SIXTH SCHEDULE (Section 3)

PROTOCOL II

PROTOCOL ADDITIONAL TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949, A

RELATING TO THE PROTECTION OF VICTIMS OF NON-INTERNATIONAL ARM CONFLICTS (PROTOCOL II)

PREAMBLE

The High Contracting Parties,

Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Convention 12 August 1949, constitute the foundation of respect for the human person in cases of armed conflict of an international character,

Recalling furthermore that international instruments relating to human rights offer a basic protection the human person,

Emphasizing the need to ensure a better protection for the victims of those armed conflicts,

Recalling that, in cases not covered by the law in force, the human person remains under the protect of the principles of humanity and the dictates of the public conscience, Have agreed on the following:

PART I

SCOPE OF THIS PROTOCOL

Article 1 - Material field of application

1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of August 1949 without modifying its existing conditions of application, shall apply to all armed confl which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 Aug 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and wh take place in the territory of a High Contracting Party between its armed forces and dissident arm forces or other organized armed groups which, under responsible command, exercise such control ov part of its territory as to enable them to carry out sustained and concerted military operations and implement this Protocol.

2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isola and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts. Article 2 - Personal field of application

1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, langua religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or any other similar criteria (hereinafter referred to as "adverse distinction") to all persons affected by armed conflict as defined in Article 1.

2. At the end of the armed conflict, all the persons who have been deprived of their liberty or wh liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Article and 6 until the end of such deprivation or restriction of liberty.

Article 3 - Non-intervention

1. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or responsibility of the government, by all legitimate means, to maintain or re-establish law and orde the State or to defend the national unity and territorial integrity of the State.

2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, any reason whatever, in the armed conflict or in the internal or external affairs of the High Contract Party in the territory of which that conflict occurs.

PART II

HUMANE TREATMENT

Article 4 - Fundamental guarantees

1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or their liberty has been restricted, are entitled to respect for their person, honour and convictions religious practices. They shall in all circumstances be treated humanely, without any adverse distincti It is prohibited to order that there shall be no survivors.

2. Without prejudice to the generality of the foregoing, the following acts against the persons referred in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:

(a) violence to the life, health and physical or mental well-being of persons, in particu murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments;

(c) taking of hostages; (d) acts of terrorism;

(e) outrages upon personal dignity, in particular humiliating and degrading treatment, ra enforced prostitution and any form of indecent assault;

( f ) slavery and the slave trade in all their forms; (g) pillage;

(h) threats to commit any of the foregoing acts.

3. Children shall be provided with the care and aid they require, and in particular:

(a) they shall receive an education, including religious and moral education, in keeping w the wishes of their parents, or in the absence of parents, of those responsible for their care;

(b) all appropriate steps shall be taken to facilitate the reunion of families tempora separated;

(c) children who have not attained the age of fifteen years shall neither be recruited in armed forces or groups nor allowed to take part in hostilities;

(d) the special protection provided by this Article to children who have not attained the of fifteen years shall remain applicable to them if they take a direct part in hostilities despite provisions of subparagraph (c) and are captured;

(e) measures shall be taken, if necessary, and whenever possible with the consent of th parents or persons who by law or custom are primarily responsible for their care, to remove child temporarily from the area in which hostilities are taking place to a safer area within the country ensure that they are accompanied by persons responsible for their safety and well-being .

Article 5 - Persons whose liberty has been restricted

1. In addition to the provisions of Article 4, the following provisions shall be respected as a minim with regard to persons deprived of their liberty for reasons related to the armed conflict, whether t are interned or detained:

(a) the wounded and the sick shall be treated in accordance with Article 7;

(b) the persons referred to in this paragraph shall, to the same extent as the local civil population, be provided with food and drinking water and be afforded safeguards as regards health hygiene and protection against the rigours of the climate and the dangers of the armed conflict;

(c) they shall be allowed to receive individual or collective relief;

(d) they shall be allowed to practise their religion and, if requested and appropriate receive spiritual assistance from persons, such as chaplains, performing religious functions;

(e) they shall, if made to work, have the benefit of working conditions and safegua similar to those enjoyed by the local civilian population.

2. Those who are responsible for the internment or detention of the persons referred to in paragrap shall also, within the limits of their capabilities, respect the following provisions relating to s persons:

(a) except when men and women of a family are accommodated together, women shall held in quarters separated from those of men and shall be under the immediate supervision of women; (b) they shall be allowed to send and receive letters and cards, the number of which may limited by competent authority if it deems necessary;

(c) places of interment and detention shall not be located close to the combat zone. T persons referred to in paragraph 1 shall be evacuated when the places where they are interned detained become particularly exposed to danger arising out of the armed conflict, if their evacuation be carried out under adequate conditions of safety;

(d) they shall have the benefit of medical examinations;

(e) their physical or mental health and integrity shall not be endangered by any unjustif act or omission. Accordingly, it is prohibited to subject the persons described in this Article to medical procedure which is not indicated by the state of health of the person concerned, and which is consistent with the generally accepted medical standards applied to free persons under similar med circumstances.

3. Persons who are not covered by paragraph 1 but whose liberty has been restricted in any w whatsoever for reasons related to the armed conflict shall be treated humanely in accordance w Article 4 and with paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.

4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their saf shall be taken by those so deciding. Article 6 - Penal prosecutions

1. This Article applies to the prosecution and punishment of criminal offences related to the arm conflict.

2. No sentence shall be passed and no penalty shall be executed on a person found guilty of an offe except pursuant to a conviction pronounced by a court offering the essential guarantees of independe and impartiality. In particular:

(a) the procedure shall provide for an accused to be informed without delay of the particu of the offence alleged against him and shall afford the accused before and during his trial all necess rights and means of defence;

(b) no one shall be convicted of an offence except on the basis of individual pe responsibility;

(c) no one shall be held guilty of any criminal offence on account of any act or omiss which did not constitute a criminal offence, under the law, at the time when it was committed; nor sh a heavier penalty be imposed than that which was applicable at the time when the criminal offence w committed; if, after the commission of the offence, provision is made by law for the imposition o lighter penalty, the offender shall benefit thereby;

(d) anyone charged with an offence is presumed innocent until proved guilty according law;

(e) anyone charged with an offence shall have the right to be tried in his presence; ( f ) no one shall be compelled to testify against himself or to confess guilt.

3. A convicted person shall be advised on conviction of his judicial and other remedies and of the tim limits within which they may be exercised.

4. The death penalty shall not be pronounced on persons who were under the age of eighteen year the time of the offence and shall not be carried out on pregnant women or mothers of young children.

5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest possi amnesty to persons who have participated in the armed conflict, or those deprived of their liberty reasons related to the armed conflict, whether they are interned or detained.

PART III

WOUNDED, SICK AND SHIPWRECKED

Article 7 - Protection and care

1. All the wounded, sick and shipwrecked, whether or not they have taken part in the armed confl shall be respected and protected.

2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practica and with the least possible delay, the medical care and attention required by their condition. There sh be no distinction among them founded on any grounds other than medical ones.

Article 8 - Search

Whenever circumstances permit, and particularly after an engagement, all possible measure shall taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect th against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent th being despoiled, and decently dispose of them.

Article 9 - Protection of medical and religious personnel

1. Medical and religious personnel shall be respected and protected and shall be granted all availa help for the performance of their duties. They shall not be compelled to carry out tasks which are compatible with their humanitarian mission.

2. In the performance of their duties medical personnel may not be required to give priority to person except on medical grounds.

Article 10 - General protection of medical duties

1. Under no circumstances shall any person be punished for having carried out medical activi compatible with medical ethics, regardless of the person benefiting therefrom.

2. Persons engaged in medical activities shall neither be compelled to perform acts or to carry out w contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other ru designed for the benefit of the wounded and sick, or this Protocol.

3. The professional obligations of persons engaged in medical activities regarding information wh they may acquire concerning the wounded and sick under their care shall, subject to national law, respected.

4. Subject to national law, no person engaged in medical activities may be penalised in anyway refusing or failing to give information concerning the wounded and sick who are, or who have be under his care.

Article 11 - Protection of medical units and transports

1. Medical units and transports shall be respected and protected at all times and shall not be the ob of attack.

2. The protection to which medical units and transports are entitled shall not cease unless they are u to commit hostile acts, outside their humanitarian function. Protection may, however, cease only afte warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warn has remained unheeded.

Article 12 - The distinctive emblem

Under the direction of the competent authority concerned, the distinctive emblem of the red cross, crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel medical units, and on medical transports. It shall be respected in all circumstances. It shall not be u improperly.

PART IV

CIVILIAN POPULATION

Article 13 - Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against the dang arising from military operations. To give effect to this protection, the following rules shall be obser in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. A or threats of violence the primary purpose of which is to spread terror among the civilian population prohibited.

3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they tak direct part in hostilities.

Article 14 - Protection of objects indispensable to the survival of the civilian population

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destr remove or render useless, for that purpose, objects indispensable to the survival of the civil population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livesto drinking water installations and supplies and irrigation works.

Article 15 - Protection of works and installations containing dangerous forces

Works or installations containing dangerous forces, namely: dams, dykes and nuclear electr generating stations, shall not be made the object of attack, even where these objects are milit objectives, if such attack may cause the release of dangerous forces and consequent severe losses amo the civilian population.

Article 16 - Protection of cultural objects and of places of worship

Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility direc against historic monuments, works of art or places of worship which constitute the cultural or spirit heritage of peoples, and to use them in support of the military effort.

Article 17 - Prohibition of forced movement of civilians

1. The displacement of the civilian population shall not be ordered for reasons related to the conf unless the security of the civilians involved or imperative military reasons so demand. Should s displacements have to be carried out, all possible measures shall be taken in order that the civil population may be received under satisfactory conditions of shelter, hygiene, health, safety nutrition.

2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflic

Article 18 - Relief societies and relief actions

1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (R Crescent, Red Lion and Sun) organizations, may offer their services for the performance of th traditional functions in relation to the victims of the armed conflict. The civilian population may, e on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.

2. If the civilian population is suffering undue hardship owing to a lack of the supplies essential for survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are an exclusively humanitarian and impartial nature and which are conducted without any adve distinction shall be undertaken subject to the consent of the High Contracting Party concerned.

PART V

FINAL PROVISIONS

Article 19 - Dissemination

This Protocol shall be disseminated as widely as possible.

Article 20 - Signature

This Protocol shall be open for signature by the Parties to the Conventions six months after the sign of the Final Act and will remain open for a period of twelve months.

Article 21 - Ratification

This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited w the Swiss Federal Council, depositary of the Conventions.

Article 22 - Accession

This Protocol shall be open for accession by any Party to the Conventions which has not signed it. T instruments of accession shall be deposited with the depositary.

Article 23 - Entry into force

1. This Protocol shall enter into force six months after two instruments of ratification or accession h been deposited.

2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter i force six months after the deposit by such Party of its instrument of ratification or accession.

Article 24 - Amendment

1. Any High Contracting Party may propose amendments to this Protocol. The text of any propo amendment shall be communicated to the depositary which shall decide, after consultation with all High Contracting Parties and the International Committee of the Red Cross, whether a confere should be convened to consider the proposed amendment.

2. The depositary shall invite to that conference all the High Contracting Parties as well as the Partie the Conventions, whether or not they are signatories of this Protocol.

Article 25 - Denunciation

1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only t effect six months after receipt of the instrument of denunciation. If, however, on the expiry of months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation sh not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or wh liberty has been restricted, for reasons related to the conflict shall nevertheless continue to benefit fr the provisions of this Protocol until their final release.

2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the H Contracting Parties.

Article 26 - Notifications

The depositary shall inform the High Contracting Parties as well as the Parties to the Conventio whether or not they are signatories of this Protocol, of:

(a) signatures affixed to this Protocol and the deposit of instruments of ratification accession under Articles 21 and 22;

(b) the date of entry into force of this Protocol under Article 23; and (c) communications and declarations received under Article 24.

Article 27 - Registration

1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of United Nations for registration and publication, in accordance with Article 102 of the Charter of United Nations.

2. The depositary shall also inform the Secretariat of the United Nations of all ratifications accessions received by it with respect to this Protocol.

Article 28 - Authentic texts

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish te are equally authentic shall be deposited with the depositary, which shall transmit certified true cop thereof to all the Parties to the Conventions.




















Last modified on Tuesday, 19 November 2013 13:21