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The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference which met in Geneva from 21 April to 12 August 1949, with a view to the elaboration of a Convention for the Protection of Civilian Persons in Time of War,
Agreed to the following:
The High Contracting Parties undertake to respect and ensure compliance with this Convention in all circumstances.
Apart from the provisions which shall enter into force from the time of peace, this Convention shall apply in the event of a declared war or any other armed conflict arising between two or more of the High Contracting Parties, even if the State Of war is not recognized by one of them.
The Convention shall also apply in all cases of occupation of all or part of the territory of a High Contracting Party, even if such occupation does not meet any military resistance.
If one of the Powers in conflict is not a party to this Convention, the Powers that are party to this Convention shall nevertheless remain bound by it in their mutual relations. They shall also be bound by the Convention to the said Power, if it accepts and applies the provisions thereof.
In the event of an armed conflict not of an international character and emerging in the territory of one of the High Contracting Parties, each Party to the conflict shall be required to apply at least the following provisions:
An impartial humanitarian agency, such as the International Committee of the Red Cross, will be able to offer its services to the parties to the conflict.
The Parties to the conflict shall endeavour, on the other hand, to bring into force through special agreements all or part of the other provisions of this Convention.
The application of the foregoing provisions shall not affect the legal status of the Parties to the conflict.
Persons who, at any time and in any manner whatsoever, are protected by the Convention shall be protected by the power of a Party to the conflict or of an Occupying Power of which they are not Nationals.
Nationals of a State which is not bound by the Convention shall not be protected by it. Nationals of a neutral state located in the territory of a belligerent state and nationals of a co-belligerent state shall not be considered as protected persons for as long as the State of which they are nationals has a Normal diplomatic representation with the State in which they are located.
The provisions of Title II, however, have a broader scope of application, as defined in Art. 13.
Persons protected by the Geneva Convention of 12 August 1949 1 For the improvement of the fate of the wounded and sick in the armed forces in the field, or by the Geneva of 12 August 1949 2 For the improvement of the fate of the wounded, sick and shipwrecked of the armed forces on the sea, or by the Geneva of 12 August 1949 3 Concerning the treatment of prisoners of war shall not be considered as protected persons within the meaning of this Convention.
If, in the territory of a Party to the conflict, the latter has serious grounds for considering that a person protected by this Convention is individually the object of a legitimate suspicion of engaging in an activity detrimental to security Of the State or if it is established that it is in fact engaged in such activity, that person shall not be entitled to the rights and privileges conferred by this Convention which, if exercised in his favour, may be prejudicial to security Of the State.
If, in an occupied territory, a person protected by the Convention is apprehended as a spy or saboteur or because it is the subject of a legitimate suspicion of engaging in an activity detrimental to the security of the The said person may, in cases where military security so requires, be deprived of the rights of communication provided for in this Convention.
In each of these cases, the persons referred to in the preceding paragraphs shall, however, be treated humanely and, in the event of prosecution, shall not be deprived of their right to a fair and regular trial as provided for in this Convention. They shall also recover the benefit of all rights and privileges of a protected person, within the meaning of this Convention, on the earliest possible date with regard to the security of the State or the occupying Power, as the case may be.
This Convention shall apply from the beginning of any conflict or occupation referred to in Art. 2.
In the territory of the Parties to the conflict, the implementation of the Convention shall cease at the general end of military operations.
In the occupied territory, the application of this Convention shall cease one year after the general end of military operations; nevertheless, the occupying Power shall be bound for the duration of the occupation-yet as much as that Power exercises the Functions of government in the territory in question-by the provisions of the following articles of this Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77 and 143.
Protected persons whose release, repatriation or establishment will be held after such time shall remain in the meantime for the benefit of this Convention.
Apart from the agreements expressly provided for in Art. 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements on any matter that they deem appropriate to resolve in particular. No special agreement shall prejudice the situation of protected persons, as set out in this Convention, nor shall they restrict the rights granted to them by it.
Protected persons will remain for the benefit of such agreements as long as the Convention is applicable to them, except as otherwise expressly provided in the aforementioned agreements or in subsequent agreements, or unless otherwise provided for Favourable to them by any of the Parties to the conflict.
Protected persons shall in no case be granted partial or complete renunciation of their rights under this Convention and, where appropriate, the special agreements referred to in the preceding Article.
This Convention shall be applied with the assistance of and under the control of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict. For this purpose, protective Powers may, outside their diplomatic or consular staff, designate delegates from among their own nationals or among nationals of other Neutral Powers. Such delegates shall be subject to the approval of the Power to which they will carry out their duties.
Parties to the conflict will facilitate, to the greatest extent possible, the task of representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall under no circumstances exceed the limits of their mission, as set out in this Convention; in particular, they shall take into account the pressing security requirements of the State With whom they perform their duties.
The provisions of this Convention shall not prevent humanitarian activities which the International Committee of the Red Cross, as well as any other impartial humanitarian agency, will undertake for the protection of civilians and for Assistance to them, subject to the approval of the Parties to the conflict concerned.
The High Contracting Parties may, at any time, agree to entrust to a body with all guarantees of impartiality and effectiveness the tasks assigned by this Convention to the Protecting Powers.
If protected persons do not benefit or benefit, whatever the reason, of the activity of a Protecting Power or a designated body in accordance with paragraph 1, the Detaining Power shall apply to a State Neutral, or to such an organization, to assume the functions vested in this Convention in the protective Powers designated by the Parties to the conflict.
If protection cannot be assured, the Detaining Power shall require a humanitarian agency, such as the International Committee of the Red Cross, to carry out the humanitarian tasks vested in the Powers of the Powers Shall accept, subject to the provisions of this Article, the offers of service provided by such an organisation.
Any Neutral Power or any body invited by the Power concerned or offering for the above-mentioned purposes shall, in its activity, remain conscious of its responsibility to the Party to the conflict for which the persons protected by the Convention, and shall provide sufficient guarantees of capacity to carry out the functions in question and to fulfil them impartially.
There shall be no derogation from the foregoing provisions by particular agreement between Powers of which one would be, even temporarily, vis-vis the other Power or its allies, limited in its freedom to negotiate as a result of the Military events, particularly in the event of an occupation of all or an important part of its territory.
Whenever it is mentioned in this Convention of the Protecting Power, such reference shall also refer to the bodies which replace it within the meaning of this Article.
The provisions of this Article shall extend and be adapted to the case of nationals of a neutral State located in an occupied territory or in the territory of a belligerent State to which the State of which they are nationals does not have A normal diplomatic representation.
In all cases where they deem it useful in the interests of protected persons, in particular in the event of disagreement between the Parties to the conflict on the application or interpretation of the provisions of this Convention, the Protecting Powers Lend their good offices for the resolution of the dispute.
For this purpose, each of the Protecting Powers may, on the invitation of a Party or spontaneously, propose to the Parties to the conflict a meeting of their representatives and, in particular, of the authorities responsible for the fate of protected persons, Possibly on a properly chosen neutral territory. The Parties to the conflict will be required to respond to the proposals that will be made to them in this regard. The Protecting Powers may, where appropriate, propose to the approval of the Parties to the conflict a person belonging to a neutral power, or a person delegated by the International Committee of the Red Cross, to be called to Participate in this meeting.
The provisions of this Title shall cover all populations of the countries in conflict, without any adverse distinction, including race, nationality, religion or political opinion, and tend to alleviate the suffering caused by the War.
From the time of peace, the High Contracting Parties and, after the opening of hostilities, the Parties to the conflict, will be able to establish in their own territory and, if necessary, on the occupied territories, health zones and localities and Security organised so as to protect the wounded and sick, the disabled, the elderly, children under the age of 15, pregnant women and mothers of children under the age of seven from the effects of the war.
From the beginning of a conflict and during the conflict, interested Parties may enter into agreements between themselves for the recognition of the areas and localities that they have established. To this end, they may bring into force the provisions contained in the draft agreement annexed to this Convention, with the possible modifications that they deem necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices to facilitate the establishment and recognition of these health and safety areas and localities.
Any Party to the conflict may, either directly or through a neutral state or a humanitarian agency, propose to the adverse party the creation, in the areas where the fighting is taking place, of neutralized zones intended for shelter The dangers of the fighting, without any distinction, the following:
As soon as the Parties to the conflict have agreed on the geographical location, administration, supply and control of the proposed neutralized zone, an agreement shall be drawn up in writing and signed by the representatives of the Parties to the Conflict. This agreement will establish the beginning and duration of the zone's neutralization.
The injured and sick, as well as the disabled and pregnant women, will be the subject of special protection and respect.
As far as the military requirements permit, each Party to the conflict shall promote measures taken to search for those killed or injured, to assist shipwrecked and other persons exposed to grave danger and to protect them against the Looting and abuse.
The Parties to the conflict shall endeavour to conclude local arrangements for the evacuation of a besieged or encircled area, the wounded, the sick, the infirm, the elderly, the children and women in childbirth, and for the passage of the ministers of All religions, staff and health equipment to this area.
Civil hospitals organised to provide care to the wounded, sick, infirm and women in childbirth shall under no circumstances be subject to attack; they shall at all times be respected and protected by the Parties to the conflict.
States which are parties to a conflict shall issue to all civilian hospitals a document attesting to their character as a civilian hospital and establishing that the buildings they occupy are not used for purposes which, in the sense of s. 19, could deprive them of protection.
Civil hospitals shall be reported, if authorized by the State, by means of the emblem provided for in Art. 38 of the Geneva Convention of 12 August 1949 1 To improve the lot of the wounded and sick in the armed forces in the field.
The Parties to the conflict shall, as far as military requirements permit, take the necessary measures to make clearly visible to enemy forces, land, air and sea, the distinctive emblems reporting civilian hospitals, To rule out the possibility of any aggressive action.
Because of the potential dangers to hospitals in the vicinity of military objectives, care should be taken to ensure that they are kept away as far as possible.
Protection due to civilian hospitals can only stop if it is used to commit, apart from the humanitarian duties, acts harmful to the enemy. However, protection will cease only after a summons, fixing in all appropriate cases a reasonable period of time and no effect.
It will not be seen as damaging to the treatment of injured or ill military personnel in these hospitals or the use of portable weapons and ammunition that has not yet been provided to the military. Competent.
Personnel regularly and solely assigned to the operation or administration of civilian hospitals, including those responsible for research, removal, transport and treatment of injured and sick civilians, infirm and Women in layers, will be respected and protected.
In the occupied territories and areas of military operations, such personnel shall be recognized by means of an identity card attesting to the quality of the holder, bearing his photograph and bearing the dry stamp of the responsible authority, and Also, while in service, by a timbrated, moisture-resistant armband worn in the left arm. This armband will be issued by the State and equipped with the emblem provided for in art. 38 of the Geneva Convention of 12 August 19491 1 To improve the lot of the wounded and sick in the armed forces in the field.
Any other personnel, assigned to the operation or administration of the civilian hospitals, shall be respected and protected and shall be entitled to the wearing of the armband as set out above and under the conditions prescribed in this Article, during the exercise of these Functions. His ID card will indicate the tasks assigned to him.
The management of each civilian hospital will at all times be at the disposal of the competent national or occupational authority, the current list of its staff.
The transport of wounded and sick civilians, infirm and women in layers carried on land by convoys of vehicles and trains-hospitals, or, on the sea, by ships assigned to such transport, shall be respected and protected in the same way as the Hospitals provided for in s. 18 and shall flag, with the permission of the State, the distinctive emblem provided for in Art. 38 of the Geneva Convention of 12 August 1949 1 To improve the lot of the wounded and sick in the armed forces in the field.
Aircraft used exclusively for the transport of wounded and sick civilians, inpatients and women in layers, or for the transport of personnel and health equipment, will not be attacked, but will be respected when they fly At altitudes, times and routes specially agreed upon by mutual agreement between all Parties to the conflict concerned.
They may be signed by the distinctive emblem provided for in Art. 38 of the Geneva Convention of 12 August 1949 1 To improve the lot of the wounded and sick in the armed forces in the field.
Unless otherwise agreed, an overflight of enemy territory or territory occupied by the enemy is prohibited.
These aircraft will obey any order of landing. In the event of a landing, the aircraft and its occupants will be able to continue their flight after examination.
Each High Contracting Party shall grant the free passage of any consignment of medicines and sanitary equipment, as well as objects necessary for worship, intended solely for the civilian population of another Contracting Party, even an enemy. It will also allow the free passage of any consignments of essential food, clothing and fortifying reserved for children under the age of fifteen, to pregnant women or women in childbirth.
The obligation of a Contracting Party to grant the free passage of consignments indicated in the preceding paragraph shall be subject to the condition that that Party be assured of no serious reason to fear that:
The Power that authorizes the passage of the consignments indicated in the first paragraph of this Article may, as a condition for its authorization, that the distribution to the beneficiaries be made under the control carried out on the spot by the Powers Protective.
These consignments shall be forwarded as soon as possible and the State which permits their free passage shall have the right to determine the technical conditions to which it will be authorised.
The Parties to the conflict shall take the necessary measures to ensure that children under the age of fifteen, who have become orphans or separated from their families as a result of the war, are not left to themselves, and for the benefit of all Circumstances, their maintenance, the practice of their religion and their education. If possible, this will be entrusted to people of the same cultural tradition.
The Parties to the conflict shall promote the reception of such children in a neutral country for the duration of the conflict, with the consent of the Protecting Power, if any, and ensure that the principles set out in the first subparagraph are Respected.
In addition, they will endeavour to take the necessary measures to ensure that all children under the age of twelve can be identified, by the wearing of an identity plate or by any other means.
Any person in the territory of a Party to the conflict or in a territory occupied by it will be able to give family members, wherever they are, new and strictly family-related news. This correspondence will be sent quickly and without undue delay.
If, due to the circumstances, the exchange of family correspondence by the ordinary postal route is made difficult or impossible, the Parties to the conflict concerned shall address a neutral intermediary, such as the Central Agency under Art. 140, to determine with him the means of ensuring the fulfilment of their obligations in, the best conditions, in particular with the assistance of the national societies of the Red Cross (of the Red Crescent, the Lion and the Red Sun).
If the parties to the conflict deem it necessary to restrict family correspondence, they will at most be able to impose the use of standard forms containing twenty-five freely chosen words and limit their mailing to only one per month.
Each party to the conflict will facilitate the research undertaken by the members of the war-dispersed families in order to resume contact with each other and, if possible, to meet. In particular, it will promote the action of the organizations that are dedicated to this task, provided that they have approved them and that they comply with the security measures it has taken.
Protected persons are entitled, in all circumstances, to respect for their person, their honour, their family rights, their religious beliefs and practices, their customs and customs. They shall be treated, at all times, with humanity and protected in particular against any act of violence or intimidation, against insults and public curiosity.
Women will be specially protected against any attack on their honour, including rape, forced prostitution and indecent assault.
In view of the provisions on health status, age and sex, all protected persons will be treated by the Party to the conflict in which they are located, in the same way, without any adverse differentiation, In particular of race, religion or political opinion.
However, the parties to the conflict will be able to take control or security measures in respect of the protected persons that will be necessary as a result of the war.
No protected person can be used to place certain points or regions protected from military operations by their presence.
The Party to the conflict in which a protected person is in power shall be responsible for the treatment applied to them by its agents, without prejudice to the individual responsibilities which may be incurred.
Protected persons will have all the facilities to address the Protecting Powers, the International Committee of the Red Cross, the National Society of the Red Cross (Red Crescent, Lion and Sun Sun) of the country-where they are located, And to any organization that could assist them.
To this end, these bodies will receive, from the authorities, all facilities within the limits laid down by military or security requirements.
Apart from visits by the delegates of the Protecting Powers and the International Committee of the Red Cross provided for in Art. 143, the Detaining or Occupying Powers will facilitate as much as possible the visits that would be desired by the protected persons to the representatives of other institutions whose purpose is to provide such persons with spiritual assistance or Hardware.
No physical or moral constraint can be imposed on protected persons, in particular to obtain information from them, or from third parties.
The High Contracting Parties shall expressly prohibit any measure likely to cause either physical suffering or the extermination of persons protected in their power. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experimentation not necessitated by the medical treatment of a protected person, but also all others Whether they are the result of civilian agents or military agents.
No protected person can be punished for an offence that she has not committed personally. Collective penalties, as well as any measures of intimidation or terrorism, are prohibited.
Looting is forbidden.
Measures to retaliate against protected persons and their property are prohibited.
Hostage-taking is prohibited.
Any protected person who wishes to leave the territory at the beginning or during a conflict shall have the right to do so, unless his departure is contrary to the national interests of the State. A decision will be made on his request to leave the territory on a regular basis and the decision must be taken as soon as possible. Authorized to leave the territory, she will be able to carry the money required for her trip and carry with her a reasonable volume of personal effects and objects.
Persons whose permission to leave the territory is refused shall have the right to obtain that a competent tribunal or administrative college, established for that purpose by the Detaining Power, shall reconsider that refusal in the shortest possible time.
If requested to do so, representatives of the Protecting Power may, unless there are grounds for security or that the persons concerned raise objections, obtain communication of the reasons why persons who Had been refused permission to leave the territory and, as soon as possible, the names of all those who would be in that case.
Departures authorised under the previous Article shall be carried out under satisfactory conditions of safety, hygiene, safety and food. All costs incurred, from the exit of the territory of the Detaining Power, shall be borne by the country of destination or, in the event of a stay in a neutral country, to the charge of the Power whose beneficiaries are the nationals. The practical arrangements for such movements will, if necessary, be set out in special agreements between interested Powers.
Special agreements which may have been concluded between the parties to the conflict concerning the exchange and repatriation of their nationals who have fallen to the power of the enemy are reserved.
Protected persons who are in pre-trial detention or serving a custodial sentence will be treated humanely during their detention.
They may, upon their release, request to leave the territory in accordance with the previous articles.
Except for special measures that may be taken under this Convention, including art. 27 and 41, the situation of protected persons will, in principle, remain governed by the provisions relating to the treatment of aliens in peacetime. In any event, the following rights will be granted:
Protected persons who have lost, by virtue of the conflict, their gainful occupation, will be able to find and enjoy paid work, subject to security considerations and the provisions of art. 40, of the same advantages as the nationals of the Power in the territory of which they are located.
If a Party to the conflict subjects a protected person to control measures that make it impossible for him to provide for his or her livelihood, in particular when that person cannot, for reasons of security, find work remunerated at Reasonable conditions, that Party to the conflict shall meet its needs and those of the persons who are dependent on it.
Protected persons will be able, in all cases, to receive subsidies from their country of origin, the Protecting Power, or the charities referred to in s. 30.
Protected persons may be required to work only to the same extent as nationals of the Party to the conflict in the territory in which they are located.
If protected persons are of enemy nationality, they may only be required to work which is normally necessary to ensure food, shelter, clothing, transport and human health, and which are not In direct relation to the conduct of military operations.
In the cases referred to in the preceding paragraphs, protected persons on duty at work shall enjoy the same working conditions and protection measures as national workers, in particular with regard to pay, Working hours, equipment, pre-training and repair of occupational accidents and diseases.
In the event of a violation of the above requirements, protected persons will be allowed to exercise their right to complain, in accordance with art. 30.
If the power to which the protected persons are in power does not consider the other control measures referred to in this Convention to be sufficient, the most stringent control measures to which it may have recourse shall be the Enforced residence or confinement, in accordance with the provisions of the art. 42 and 43.
By applying the provisions of the second paragraph of Art. 39 in the case of persons who are forced to abandon their habitual residence by virtue of a decision which permanently binds them to the forced residence in another place, the Detaining Power shall comply with the rules relating to the Treatment of internees (Section IV, Title III of this Convention).
Internment or forced residence of protected persons can only be ordered if the security of the power of which these persons are located makes it absolutely necessary.
If a person requests, through the representatives of the Protecting Power, his or her voluntary internment and if his or her own situation makes it necessary, the power to which it is located shall be carried out.
Any protected person who has been internalised or placed in forced residence shall have the right to obtain that a competent administrative tribunal or college, established for that purpose by the Detaining Power, shall reconsider the decision taken at the earliest Its respect. If the detention or forced residence is maintained, the court or administrative college shall periodically, and at least twice a year, examine the person's case with a view to amending the original decision in its favour, if the Circumstances permit.
Unless the protected persons concerned object to it, the Detaining Power shall, as soon as possible, bring to the knowledge of the Protecting Power the names of the protected persons who have been interned or placed in residence Forced and the names of those who were released from the internment or the forced residence. Subject to the same reservation, the decisions of the courts or colleges referred to in the first paragraph of this Article shall also be notified as soon as possible to the Protecting Power.
In taking the control measures provided for in this Convention, the Detaining Power shall not treat as enemy aliens, solely on the basis of their legal affiliation to an enemy State, the refugees who are in fact Protection of any government.
Protected persons may not be transferred to a power not party to the Convention.
This provision cannot prevent the repatriation of protected persons or their return to the country from their homes after the end of hostilities.
Protected persons may be transferred by the Detaining Power to a Power Party to the Convention only after the Detaining Power has ascertained that the Power in question is willing and able to implement the Convention. When protected persons are thus transferred, responsibility for the implementation of the Convention will lie with the power that has agreed to receive them for the time it is entrusted to them. However, in the event that this Power does not apply the provisions of the Convention, on any important point, the Power by which the protected persons have been transferred shall, following a notification by the Protecting Power, Take effective measures to remedy the situation, or request that the protected persons be returned to it. This request will have to be met.
A protected person cannot, under any circumstances, be transferred to a country where he or she may fear persecution because of his political or religious views.
The provisions of this article shall not preclude extradition, under extradition treaties concluded before the start of hostilities, of protected persons charged with ordinary crimes.
To the extent that they have not been previously reported, restrictive measures in respect of protected persons will cease as soon as possible after the end of hostilities.
Restrictive measures taken in respect of their property shall cease as soon as possible after the cessation of hostilities, in accordance with the law of the Detaining Power.
Protected persons who are in an occupied territory shall in no way be deprived of the benefit of this Convention or in any way in accordance with any change in the occupation in the institutions Or the government of the territory in question, either by agreement between the authorities of the occupied territory and the occupying power, or by reason of the annexation by the occupying power of all or part of the occupied territory.
Protected persons who are not nationals of the Power of which the territory is occupied may avail themselves of the right to leave the territory under the conditions laid down in Art. 35 and decisions shall be taken in accordance with the procedure established by the occupying Power in accordance with that article.
Forced, mass or individual transfers, as well as the deportations of protected persons outside the occupied territory of the occupying Power or in the territory of any other State, whether occupied or not, shall be prohibited, whatever Reason.
However, the occupying Power may proceed with the total or partial evacuation of a specific occupied area, if so required by the security of the population or by imperative military reasons. Evacuations may result in the displacement of protected persons only within the occupied territory, except in the case of material impossibility. The evacuated population will be brought back to its homes as soon as hostilities in the area have ended.
The occupying Power, in carrying out such transfers or evacuations, shall ensure, as far as possible, that the persons protected are accommodated in suitable facilities, that the movements are carried out Under satisfactory conditions of safety, hygiene, safety and food, and that members of the same family are not separated from each other.
The Protecting Power will be informed of the transfers and evacuations as soon as they have taken place.
The occupying Power will not be able to detain protected persons in a region particularly exposed to the dangers of war, unless the security of the population or of pressing military reasons so requires.
The occupying Power will not be able to deport or transfer part of its own civilian population into the territory occupied by it.
The occupying Power will facilitate, with the assistance of national and local authorities, the proper functioning of the institutions dedicated to the care and education of children.
It will take all necessary measures to facilitate the identification of children and the registration of their filiation. It will in no way be able to change their personal status or to enlist them in training or organisations dependent on it.
If the local institutions fail, the occupying Power will have to make arrangements to ensure maintenance and education, if possible by persons of their nationality, language and religion, children orphaned or separated from their Parents as a result of the war, in the absence of a close relative or friend who could fill it.
A special section of the office created under the provisions of s. 136 will be responsible for taking all necessary measures to identify children whose identity is uncertain. The indications which one would have on their father and mother or on other close relatives will always be recorded.
The occupying Power should not impede the implementation of the preferential measures that could have been adopted, before the occupation, in favour of children under the age of 15, pregnant women and mothers of children under the age of seven years, Which concerns food, medical care and protection against the effects of war.
The occupying Power may not require protected persons to serve in its armed or auxiliary forces. Any pressure or propaganda aimed at voluntary commitments is prohibited.
It will only be able to carry out the work of protected persons if they are over eighteen years of age; however, it may only be work necessary for the needs of the occupying army or the public interest, food, Housing, clothing, transport or the health of the population of the occupied country. Protected persons may not be bound by any work that would require them to take part in military operations. The occupying Power will not be able to force protected persons to ensure the safety of the facilities in which they carry out imposed work.
The work will be carried out only within the occupied territory where the persons concerned are located. Each required person will, to the extent possible, be kept at his or her usual place of work. The work shall be equitably remunerated and proportionate to the physical and intellectual capacities of the workers. The legislation in force in the occupied country concerning working conditions and protection measures, in particular with regard to pay, working hours, equipment, pre-training and compensation for accidents at work And occupational diseases shall be applicable to protected persons subject to the work referred to in this Article.
In any case, labour requisitions will never be able to lead to the mobilisation of workers placed under military or semi-military regimes.
No contract, agreement or regulation shall affect the right of every worker, whether voluntary or not, wherever he may be, to apply to the representatives of the Protecting Power to request the intervention of the latter.
Any measure aimed at causing unemployment or restricting the working opportunities of workers in an occupied country, with a view to bringing them to work for the occupying Power, is prohibited.
The occupying Power is prohibited from destroying movable or immovable property, individually or collectively, to private persons, to the State or to public authorities, to social organizations or cooperatives, except In cases where such destruction would be rendered absolutely necessary by military operations.
It is forbidden for the occupying Power to change the status of officials or magistrates of the occupied territory or to take any sanctions or measures of coercion or discrimination against them because they would not To carry out their duties for reasons of conscience.
The latter prohibition does not preclude the application of the second paragraph of Art. 51. It leaves intact the power of the occupying Power to remove public office holders from their duties.
To the full extent of its means, the occupying Power has a duty to supply the population with food and medical products, including the importation of food, medical supplies and any other necessary items When the resources of the occupied territory are insufficient.
The occupying Power will not be able to requisition food, items or medical supplies in the occupied territory as for the forces and the administration of occupation; it will have to take into account the needs of the civilian population. Subject to the provisions of other international conventions, the occupying Power shall make the necessary arrangements for any requisition to be compensated at its fair value.
The Protecting Powers may, at all times, unfetter the state of the supply of food and medicine in the occupied territories, subject to temporary restrictions imposed by imperative requirements Military.
To the greatest extent possible, the occupying Power has a duty to ensure and maintain with the assistance of national and local authorities, medical and hospital facilities and services, as well as public health and hygiene In the occupied territory, in particular by adopting and implementing prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories will be authorized to perform their duties.
If new hospitals are established in occupied territory and the competent organs of the occupied State are no longer in operation, the occupying authorities shall, as appropriate, proceed to the recognition provided for in Art. 18. In similar circumstances, the occupation authorities will also have to recognise the staff of hospitals and transport vehicles under the provisions of the art. 20 and 21.
By adopting health and hygiene measures, as well as implementing them, the occupying Power will take into account the moral and ethical requirements of the population of the occupied territory.
The occupying Power may requisition civilian hospitals only temporarily and, in the event of an urgent need, for the treatment of wounded and sick military personnel, and on the condition that appropriate measures are taken in due course for Ensure the care and treatment of persons hospitalized and respond to the needs of the civilian population.
The equipment and depots of civilian hospitals will not be requisitioned as long as they are necessary for the needs of the civilian population.
The occupying Power will enable the Ministers of Religious Affairs to ensure the spiritual assistance of their co-religionists.
It will also accept the mailings of books and objects necessary for religious purposes and facilitate their distribution in occupied territory.
Where the population of a occupied territory or part of the occupied territory is undersupplied, the occupying Power shall accept relief actions in favour of that population and shall facilitate them to the full extent of its means.
These actions, which can be undertaken either by states or by an impartial humanitarian agency, such as the International Committee of the Red Cross, will include consignments of food, medical products and clothing.
All Contracting States shall permit the free passage and protection of such consignments.
A Power with a free passage of consignments destined for a territory occupied by an adverse party to the conflict shall, however, have the right to verify shipments, to regulate their passage according to prescribed timetables and routes, and to obtain from the The protective power provides adequate assurance that such consignments are intended to rescue the population in need, and are not used for the benefit of the occupying Power.
Relief shipments shall not relieve the occupying Power of the responsibilities imposed on it by art. 55, 56 and 59. It shall not in any way divert the relief consignments from the assigned assignment, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the concurrence of the Protecting Power.
The distribution of relief consignments referred to in the foregoing Articles shall be made with the assistance and under the control of the Protecting Power. This function may also be delegated, following an agreement between the occupying Power and the Protecting Power in a neutral state, the International Committee of the Red Cross or any other impartial humanitarian agency.
No duty, tax or tax in the territory occupied on such relief shall be collected, unless such collection is necessary in the interest of the economy of the territory. The occupying Power will have to facilitate the rapid distribution of such shipments.
All Contracting Parties shall endeavour to permit the free transit and transport of such relief consignments to occupied territories.
Subject to overriding security considerations, protected persons in occupied territory will be able to receive the individual relief consignments addressed to them.
Subject to the temporary measures imposed on an exceptional basis by overriding security considerations of the occupying Power:
The same principles will apply to the activity and staff of special agencies of a non-military nature, already existing or established in order to ensure the living conditions of the civilian population through the maintenance of services Essential public utility, emergency distribution and rescue organization.
The criminal law of the occupied territory shall remain in force, except to the extent that it may be abrogated or suspended by the occupying Power if that legislation constitutes a threat to the security of that Power or an obstacle to The application of this Convention. Subject to this latter consideration and the need to ensure the effective administration of justice, the courts of the occupied territory will continue to operate for all the offences provided for in that legislation.
The occupying Power may, however, subject the population of the occupied territory to provisions that are essential to enable it to fulfil its obligations under this Convention and to ensure the regular administration of the And the security of the occupying Power, the members and property of the forces or occupation administration, as well as the establishments and lines of communication used by it.
The penal provisions enacted by the occupying Power shall enter into force only after they have been published and brought to the knowledge of the population in the language thereof. They cannot have retroactive effect.
The occupying Power may, in the event of an offence under the criminal provisions enacted by it under the second paragraph of s. 64, refer the accused to his military, non-political and regularly constituted courts, provided that they sit in the occupied country. The courts of appeal will preferably sit in the occupied country.
The courts will only be able to apply the legal provisions prior to the infringement and in accordance with the general principles of law, in particular with regard to the principle of proportionality of penalties. They shall take into account the fact that the accused is not a national of the occupying Power.
Where a protected person commits an offence solely for the purpose of harming the occupying Power, but the offence does not affect the life or the bodily integrity of the members of the forces or the administration Of occupation, that it does not create a serious collective danger and that it does not pose a serious threat to the assets of the forces or occupation administration or to the facilities used by them, that person is liable to the internment or the Simple imprisonment, on the understanding that the duration of this internment or imprisonment will be Proportionate to the offence committed. In addition, internment or imprisonment will be the only measure of deprivation of liberty that can be taken in respect of protected persons. The courts set out in s. 66 of this Convention may freely convert the sentence of imprisonment to an internment measure of the same duration.
The criminal provisions promulgated by the occupying Power in accordance with art. 64 and 65 may only provide for the death penalty in respect of protected persons only in cases where they are guilty of espionage, serious acts of sabotage of military installations of the occupying Power or intentional offences Have caused the death of one or more persons and provided that the legislation of the occupied territory, in force before the beginning of the occupation, provides for the death penalty in such cases.
The death penalty may be imposed on a protected person only if the attention of the court has been particularly drawn to the fact that the accused, who is not a national of the occupying Power, is not bound by it by any duty of Loyalty.
Under no circumstances can the death penalty be imposed on a protected person under the age of 18 at the time of the offence.
In all cases, the duration of pre-trial detention shall be deduced from any prison sentence to which a pre-arrival protected person could be sentenced.
Protected persons may not be arrested, prosecuted or convicted by the occupying Power for acts committed or for opinions expressed prior to the occupation or during a temporary interruption of the occupation, subject to Violations of the laws and customs of war.
Nationals of the occupying Power who, before the beginning of the conflict, have sought refuge in the occupied territory, may be arrested, prosecuted, convicted, or deported from the occupied territory, for offences committed since The commencement of hostilities or for offences of common law committed prior to the commencement of hostilities which, according to the law of the State in which the territory is occupied, would have justified extradition in peacetime.
The competent courts of the occupying Power will not be able to pronounce any convictions that have been preceded by a regular trial.
All accused persons prosecuted by the occupying Power shall be informed without delay, in writing, in a language they understand, of the details of the charges against him; his case shall be heard as soon as possible. The Protecting Power will be informed of each lawsuit brought by the occupying Power against protected persons when the charges may result in a death sentence or imprisonment for two years or more; At any time it will be able to inform itself of the state of the procedure. In addition, the Protecting Power shall have the right to obtain, on its request, any information concerning such proceedings and any other action brought by the occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph of this Article, shall be made immediately and, in any event, to the Protecting Power three weeks before the date of the first hearing. If the evidence is not provided at the opening of the proceedings that the provisions of this Article have been complied with in full, the proceedings shall not take place. The notification shall include, inter alia:
Every accused person shall have the right to demonstrate the means of proof necessary for his defence and may, among other things, call witnesses. He will have the right to be assisted by a qualified defender of his choice, who will be able to visit him freely and who will receive the facilities necessary to prepare his defence.
If the defendant has not chosen a defender, the Protecting Power will provide him with one. If the accused is to respond to a serious charge and there is no Protecting Power, the occupying Power shall, subject to the consent of the accused, provide him with an advocate.
All accused will be, unless he gives up freely, assisted by an interpreter both during the trial and at the court hearing. He may, at any time, challenge the interpreter and request his replacement.
A convicted person shall have the right to use the remedies provided for in the legislation applied by the court. It will be fully informed of its rights of appeal, as well as the time required to exercise them.
The criminal procedure provided for in this section shall apply, mutatis mutandis, to appeals. If the law applied by the court does not provide for the possibility of appeal, the sentenced person shall have the right to appeal against judgment and conviction to the competent authority of the occupying Power.
The representatives of the Protecting Power shall have the right to attend the hearing of any court judging a protected person, unless, in exceptional circumstances, the proceedings are to be held in camera in the interest of the security of the Power The occupying power would then notify the Protecting Power. A notification containing the indication of the place and the date of the opening of the proceedings shall be sent to the Protecting Power.
All judgments rendered, involving the death penalty or imprisonment for two years or more, shall be communicated, with the reasons and as soon as possible, to the Protecting Power; they shall contain a mention of the notification Conducted in accordance with s. 71 and, in the case of a judgment involving a custodial sentence, the indication of the place where it will be purged. The other judgments will be recorded in the court proceedings and may be considered by the representatives of the Protecting Power. In the case of a conviction for the death penalty or a custodial sentence of two years or more, the period of appeal shall begin to run only from the moment when the Protecting Power has received the communication of the judgment.
Under no circumstances will those sentenced to death be deprived of the right to resort.
No death sentence shall be executed before the expiration of a period of at least six months from the time when the Protecting Power has received the communication of the final judgment confirming the death sentence or the decision refusing This grace.
This period of six months may be shortened in certain specific cases, where it is the result of serious and critical circumstances that the security of the occupying Power or its armed forces is exposed to an organized threat, the Protecting Power will receive Always notification of this reduction of the time limit, it will always have the possibility to address in due time representations concerning these death sentences to the competent occupation authorities.
Protected persons will be detained in the occupied country and if convicted, they will have to serve their sentences. They shall be separated, if possible, from other prisoners and subject to a sufficient food and hygiene regime to maintain them in good health and at least corresponding to the prison regime in the occupied country.
They will receive the medical care required by their health.
They will also be allowed to receive the spiritual help they may seek.
Women will be accommodated in separate premises and placed under the immediate supervision of women.
The special scheme for minors will be taken into account.
The protected persons detained shall have the right to receive the visit of the delegates of the Protecting Power and the International Committee of the Red Cross, in accordance with the provisions of Art. 143.
In addition, they will have the right to receive at least one emergency package per month.
Protected persons charged or convicted by the courts in occupied territory will be surrendered, at the end of the occupation, with the case concerning them, to the authorities of the liberated territory.
If the occupying Power deems it necessary, for imperative reasons of security, to take security measures in respect of protected persons, it may, at most, impose upon them a forced residence or proceed with their internment.
Decisions concerning forced residence or internment shall be made in accordance with due process which shall be determined by the occupying Power in accordance with the provisions of this Convention. This procedure must provide for the right of appeal of the persons concerned. The appeal will be disposed of as soon as possible. If decisions are maintained, they shall be subject to periodic review, if possible semi-annually, by the care of a competent body constituted by the said Power.
Protected persons who are subject to forced residence and who are forced to leave their homes will have no restrictions on the provisions of s. 39 of this Convention.
Parties to the conflict shall not interfere with protected persons only in accordance with the provisions of Art. 41, 42, 43, 68 and 78.
The internees will retain their full civil capacity and exercise the rights deriving from them to the extent compatible with their status as internees.
Parties to the conflict that will lead protected persons will be required to provide their maintenance free of charge and provide them with the same medical care required for their health.
No deduction shall be made on the allowances, wages or claims of the internees for the reimbursement of those costs.
The Detaining Power shall provide for the maintenance of persons dependent on the internees, if they are without sufficient means of subsistence or unable to earn their own living.
The Detaining Power shall consolidate, as far as possible, internees according to their nationality, language and customs. Internees from the same country will not be separated for the sole reason of language diversity.
For the duration of their internment, members of the same family, and in particular parents and their children, shall be in the same place of internment, except in cases where the needs of the work, health reasons, or The implementation of the provisions set out in chap. IX of this section would require a temporary separation. Internees may ask that their children, who are left in freedom, without parental supervision, be interned with them.
As far as possible, interned members of the same family will be brought together in the same premises and will be accommodated separately from the other internees; they will also have to be granted the facilities necessary to lead a family life.
The Detaining Power will not be able to place places of internment in areas particularly exposed to the dangers of war.
The Detaining Power will communicate, through the Protecting Powers, to the enemy Powers any useful indication of the geographical location of the internment sites.
Whenever military considerations permit, internment camps will be reported by the letters IC in such a way as to be seen on a separate day from the top of the air; however, interested Powers may agree on a Other means of signage. No other location than an internment camp can be reported in this way.
Internees shall be housed and administered separately from prisoners of war and persons deprived of their liberty for any other reason.
The Detaining Power has a duty to take all necessary and necessary measures to ensure that protected persons are, from the beginning of their internment, housed in buildings or cantonments giving all guarantees of hygiene and Safe and effective protection against the harshness of the climate and the effects of war. Under no circumstances will permanent internment sites be located in unhealthy areas or whose climate would be pernicious for internees. In all cases where they are temporarily interned in an unhealthy area, or whose climate is harmful to health, protected persons will have to be transferred as quickly as circumstances permit in a place Internment where these risks are not to be feared.
The premises shall be fully protected from humidity, sufficiently heated and illuminated, in particular between nightfall and fire suppression. The sleeping areas will have to be sufficiently spacious and well ventilated, the internees will have adequate sleeping equipment and sufficient blankets, given the climate and age, sex and health status of the internees.
The internees will have day and night of sanitary facilities in accordance with hygiene requirements and kept in a constant state of cleanliness. They will be provided with sufficient water and soap for daily body cleanliness and laundry, and the necessary facilities and facilities will be provided for this purpose. They will also have showers or baths. The necessary time will be given for their hygiene and cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to house non-family-owned non-family members in the same place of confinement as men, they must be provided with places of Separate sleeping and sanitary facilities.
The Detaining Power shall make available to the internees, whatever their denomination, suitable premises for the exercise of their abutts.
Unless the internees are able to dispose of other similar facilities, canteens will be installed in all internment sites, so that they have the opportunity to obtain, at prices which in no way exceed those of trade Premises, foodstuffs and common objects, including soap and tobacco, which are such as to increase their personal well-being and comfort.
The benefits of the canteens will be credited to a special assistance fund to be created in each place of internment and administered for the benefit of the internees of the place of internment concerned. The committee of internees, provided for in art. 102, will have a right of scrutiny over the administration of the canteens and the management of this fund.
Upon dissolution of a place of internment, the credit balance of the assistance fund shall be transferred to the fund of assistance of another place of internment for internees of the same nationality or, if such a place does not exist, to a central fund Assistance which will be administered for the benefit of all the internees who remain in power of the Detaining Power. In the case of general discharge, such profits shall be retained by the Detaining Power, unless otherwise agreed between the Powers concerned.
In all internment sites exposed to aerial bombardment and other hazards of war, appropriate shelters shall be installed and in sufficient numbers to provide the necessary protection. In the event of an alert, the internees will be able to go there as quickly as possible, with the exception of those who would participate in the protection of their cantonments against those dangers. Any measures of protection that will be taken in favour of the population will also be applied.
Sufficient precautions should be taken at internment sites against fire hazards.
The daily diet of the internees shall be sufficient in quantity, quality and variety, to ensure a normal balance of health and to prevent deficiency disorders; also account shall be taken of the diet to which the internees are Used.
The internees will also be provided with the means to accommodate their own food supplements themselves.
Sufficiency of drinking water will be provided to them. Smoking will be permitted.
Workers will receive additional food commensurate with the nature of the work they do.
Pregnant and layered women, and children under 15 years of age, will receive food supplements that are commensurate with their physiological needs.
All facilities will be granted to internees to equip themselves with clothing, footwear and spare linen, at the time of arrest, and to obtain them later, if necessary. If the internees do not have adequate clothing for the climate, and they cannot obtain it, the Detaining Power will provide them free of charge.
The clothes that the Detaining Power would provide to the internees and the outer marks that it could put on their clothes, should neither be infamous nor lend to ridicule.
Workers will be required to receive a work dress, including appropriate protective clothing, wherever required.
Each place of internment will have a suitable infirmary, placed under the authority of a qualified doctor, where the internees will receive the care they may need and an appropriate diet. Isolation facilities will be reserved for patients with contagious or mental illnesses.
Women in childbirth and internees with serious illness, or whose condition requires special treatment, surgery or hospitalization, will have to be admitted to any qualified facility for treatment and treatment. Care that should not be inferior to those given to the entire population.
The internees will be treated preferably by medical staff of their nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, submit to any interned treaty an offering statement indicating the nature of the disease or injury, the duration of treatment and the care received. A duplicate of this return will be sent to the Central Agency under s. 140.
The treatment, as well as the provision of any device necessary for the maintenance of the internees in good health, including prostheses, dental or other, and glasses, shall be granted free of charge to the internee.
Medical inspections of internees will be carried out at least once a month. In particular, they will be aimed at controlling the general health and nutrition status and the state of cleanliness, as well as the detection of contagious diseases, including tuberculosis, venereal disease and malaria. They will include control of the weight of each internae and, at least once a year, a radioscopic examination.
Any freedom will be left to the internees for the exercise of their religion, including assistance to the offices of their worship, provided that they comply with the standard measures prescribed by the detaining authorities.
The internees who are ministers of worship, will be allowed to exercise their ministry fully among their co-religionists. To this end, the Detaining Power will ensure that they are distributed in a fair manner between the different places of internment where internees speaking the same language and belonging to the same religion are located. If they are not in sufficient numbers, they will grant them the necessary facilities, including means of transport, to travel from one place of internment to another and they will be allowed to visit the internees in hospitals. The ministers of a religion shall, for the acts of their ministry, enjoy freedom of correspondence with the religious authorities of the country of detention and, to the extent possible, with the international religious organisations of their denomination. This correspondence will not be considered part of the quota referred to in s. 107, but will be subject to the provisions of s. 112.
Where internees do not have the assistance of ministers of their religion or the latter are insufficient, the local religious authority of the same denomination may designate, in agreement with the Detaining Power, a minister of the same The religion of the internees, or, where possible from the confessional point of view, a minister of a similar religion or a qualified lay person. The latter will enjoy the benefits of the function he has assumed. Designated persons shall comply with all regulations established by the Detaining Power in the interests of discipline and security.
The Detaining Power will encourage the intellectual, educational, recreational and sporting activities of the internees, while leaving them free to participate or not. It will take all possible measures to ensure its exercise and will put in particular at their disposal suitable premises.
All possible facilities will be granted to the internees in order to enable them to continue their studies or to undertake new studies. Training for children and adolescents will be ensured; they will be able to attend schools either inside or outside the internment area.
Internees will have the opportunity to engage in physical exercises, participate in sports and outdoor games. Sufficient free space will be reserved for this use in all internment sites. Special sites will be reserved for children and teenagers.
The Detaining Power will only be able to employ internees as workers if they so wish. In any case, the employment which, imposed on an uninternalized protected person, would constitute an infringement of s. 40 or 51 of this Convention, as well as employment for work of a degrading or humiliating character.
After a six-week working period, the internees will be able to desist from working at any time with eight days' notice.
These provisions shall not preclude the right of the Detaining Power to engage the internees of doctors, dentists or other members of health personnel in the exercise of their profession for the benefit of their co-internees; Work on the administration and maintenance of the place of detention; to entrust such persons with cooking or other housework; and to use them in works to protect the internees from aerial bombardments, or Other hazards resulting from the war. However, no interned person may be required to perform work for which a medical officer of the administration has declared him physically unfit.
The Detaining Power will assume full responsibility for all working conditions, medical care, payment of wages and compensation for accidents at work and occupational diseases. Working conditions and the repair of accidents at work and occupational diseases will be in accordance with national legislation and custom; they will in no way be inferior to those applied for work of the same Nature in the same region. Salaries shall be determined in a fair manner by agreement between the Detaining Power, the internees and, where appropriate, employers other than the Detaining Power, taking into account the obligation of the Detaining Power to provide Free to the maintenance of the interned and to grant him the same medical care as required by his state of health. Internees permanently employed in the work referred to in the third subparagraph shall receive a fair wage from the Detaining Power; working conditions and compensation for accidents at work and occupational diseases shall not be Not less than those applied for similar work in the same region.
Any posting of work will be a place of internment. The competent authorities of the Detaining Power and the Commander of this place of internment shall be responsible for the observation in the working detachments of the provisions of this Convention. The Commander will maintain a list of the working detachments that are dependent on him and will communicate it to the delegates of the Protecting Power, the International Committee of the Red Cross or other humanitarian organizations to visit the sites Internment.
Internees will be allowed to keep their objects and effects of personal use. Amounts, cheques, securities, etc., as well as the valuables they carry, may be removed only in accordance with established procedures. A detailed receipt will be given to them.
The amounts shall be credited to the account of each internee, as provided for in Art. 98; they may not be converted into another currency unless the law of the territory in which the owner is interned requires it, or the interned does not consent to it.
Objects with a particular personal or sentimental value may not be removed from them.
An interned woman can only be searched by a woman.
Upon their release or repatriation, the internees shall receive the credit balance of the account held in accordance with Art. 98, as well as all objects, sums, cheques, titles, etc., that would have been withdrawn during the internment, except for the objects or values that the Detaining Power should keep under its existing legislation. In the event that a property belonging to an interned person is retained by reason of this legislation, the person concerned will receive a detailed certificate.
Family documents and identity documents whose internees are carriers may be withdrawn only against receipt. At no time will the internees be without identification. If they do not have them, they will receive special coins which will be established by the detaining authorities and which will take them as pieces of identification until the end of the internment.
The internees may have some cash or purchase vouchers on them, in order to be able to make purchases.
All internees will receive regular allowances in order to purchase items such as tobacco, toiletries, etc. These allowances may be in the form of credits or vouchers.
In addition, the internees may receive subsidies from the power of which they are nationals, the protective Powers, any body that could assist them, or their families, and the income of their property in accordance with The law of the Detaining Power. The amounts of the subsidies allocated by the original Power shall be the same for each category of internees (infirm, sick, pregnant women, etc.) and shall not be fixed by that Power nor distributed by the Detaining Power on the basis of Of discrimination prohibited by s. 27 of this Convention.
For each internee, the Detaining Power shall hold a regular account to which the allowances referred to in this Article shall be credited, the wages earned by the internee, and the remittances made to it. They will also be credited with the amounts withdrawn and which may be available under the legislation in the territory where the interned is located. Any facility compatible with the legislation in force in the territory concerned shall be granted to him to send grants to his family and to persons who are economically dependent on him. It will be able to draw on this account the sums required for its personal expenses, within the limits set by the Detaining Power. It shall be granted reasonable facilities at all times for the purpose of consulting its account or obtaining extracts from it. This account shall be communicated, upon request, to the Protecting Power and will follow the internee in the event of its transfer.
Any place of internment shall be placed under the authority of an officer or official responsible, chosen in the regular military forces or in the regular civil administration of the Detaining Power. The officer or officer commanding the place of internment shall have, in the official language or in one of the official languages of his country, the text of this Convention and shall be responsible for the application thereof. The supervisory staff shall be instructed on the provisions of this Convention and the regulations concerning its application.
The text of this Convention and the texts of the special agreements concluded in accordance with this Convention shall be posted inside the place of internment in a language understood by the internees, or shall be in possession of the Committee of internees.
Any regulations, orders, warnings and notices of any kind will have to be communicated to the internees and posted inside the internment sites in a language they understand.
All orders and commands addressed individually to internees must also be given in a language they understand.
Discipline in the internment area shall be compatible with the principles of humanity and shall not in any case include regulations requiring the internees of physical or physical or moral fatigues. Tattooing or affixing of marks or signs of identification shall be prohibited.
In particular, extended stations or calls, punitive physical exercises, military drills and food restrictions are prohibited.
Internees shall have the right to present to the authorities in which they are in power their requests concerning the regime to which they are subject.
They shall also have, without limitation, the right to address either through the Internees Committee or directly, if they deem it necessary, to the representatives of the Protecting Power, to indicate the points on which they would have Complaints about the internment regime.
These requests and complaints will have to be transmitted from emergencies without modification. Even if the latter are recognised as unfounded, they will not be punished.
The internees' committees will be able to send periodic reports to representatives of the Protecting Power on the situation in places of internment and the needs of the internees.
In each place of internment, the internees shall freely elect, every six months, and by secret ballot, the members of a committee responsible for representing them to the authorities of the Detaining Power, with the Protecting Powers, of the Committee The International Committee of the Red Cross and any other organization that would assist them. The members of this committee will be eligible for re-election.
Elected internees will take office after their election has been approved by the detaining authority. Any grounds for refusal or dismissal will be communicated to the Protecting Powers concerned.
Internees' committees will have to contribute to the physical, moral and intellectual well-being of the internees.
In particular, in the event that the internees decide to organise between themselves a system of mutual assistance, that organisation would be the competence of the committees, irrespective of the special tasks entrusted to them by other provisions of the Present Convention.
The members of the internees' committees shall not be bound to any other work, if the performance of their duties is to be made more difficult.
The members of the committees may designate among the internees the auxiliaries who will be required to do so. All facilities shall be granted and in particular certain freedom of movement necessary for the performance of their tasks (visits to work detachments, receipt of goods, etc.).
All facilities will also be granted to the members of the committees for their postal and telegraphic correspondence with the detaining authorities, with the Protecting Powers, the International Committee of the Red Cross and their delegates, thus That with the agencies that would be helping the internees. Members of committees located in detachments will have the same facilities for their correspondence with their committee of the principal place of internment. Such correspondence shall not be limited or considered to be part of the quota referred to in s. 107.
No member of the committee may be transferred, without the reasonable amount of time required to make his or her successor aware of the current affairs.
As soon as they have interned protected persons, the Detaining Powers shall bear to their knowledge, that of the Power of which they are nationals and of their Protecting Power, the measures provided for in the implementation of the provisions Of this Chapter, and shall notify the same of any changes made to such measures.
Each interned will be able, as soon as it is internment, or at the latest one week after its arrival at a place of internment and, in the event of illness or transfer to another place of internment or in a hospital, to address directly to its Family, on the one hand, and the Central Agency provided for in Art. 140, on the other hand, an internment card established if possible according to the model annexed to this Convention, informing them of its internment, address and state of health. The cards will be transmitted as quickly as possible and will not be delayed in any way.
Internees will be allowed to send and receive letters and cards. If the Detaining Power considers it necessary to limit the number of letters and cards sent by each internee, this number may not be less than two letters and four cards per month, established as far as possible according to the models Annexed to this Convention. If restrictions are to be imposed on correspondence addressed to the internees, they may be ordered only by their original Power, possibly upon request by the Detaining Power. These letters and cards will have to be transported within a reasonable period of time; they will not be delayed or subject to discipline.
Internees who have long been without news from their families or who are unable to receive or give them by ordinary means, as well as those who are separated from their families by considerable distances, will be Authorised to send telegrams, against payment of telegraphic fees, in the currency of which they have access. They will also benefit from such a measure in the event of a recognised emergency.
As a general rule, internees' correspondence will be written in their mother tongue. Parties to the conflict may permit correspondence in other languages.
Internees shall be entitled to receive, by post or by any other means, individual or collective consignments containing, in particular, foodstuffs, clothing, medicines, and books and objects intended to answer Their religious, educational or leisure needs. Such consignments shall in no way be able to release the Detaining Power from its obligations under this Convention.
In the event that it becomes necessary, for military reasons, to limit the quantity of such consignments, the Protecting Power, the International Committee of the Red Cross, or any other body assisting the internees, who would be responsible for Transmit such consignments, shall be duly notified.
The terms and conditions relating to the shipment of individual or collective consignments shall be subject, where appropriate, to special agreements between the interested Powers, which shall in no case delay the receipt by the internees of relief consignments. Shipments of food or clothing will not contain books; medical relief will, in general, be sent in collective packages.
In the absence of special agreements between the Parties to the conflict on the modalities for the receipt and distribution of collective relief consignments, the regulation on collective consignments annexed to this Convention shall be applied.
The special agreements set out above may under no circumstances restrict the right of the internees' committees to take possession of collective relief consignments intended for internees, to carry out their distribution and to dispose of them in the interests of the Recipients.
Nor will they be able to restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization to assist the internees, who would be responsible for transmitting such consignments Group, to control their distribution to their recipients.
All relief consignments intended for internees shall be free of all entry, customs and other rights.
All consignments, including emergency postal parcels and remittances, sent to or sent by mail to the internees by mail either directly or through the information offices provided for in the Art. 136 and the Central Intelligence Agency provided for in s. 140, will be exempt from any postal tax in the countries of origin and destination as well as in the intermediate countries. To this end, in particular, the exemptions set out in the Universal Postal Convention of 1947 1 And in the arrangements of the Universal Postal Union, in favour of civilians of enemy nationality held in camps or in civilian prisons, shall be extended to other protected persons detained under the present Convention. Countries that do not participate in these arrangements will be required to grant the exemptions under the same conditions.
The cost of transport of relief consignments intended for internees, which, by reason of their weight or for any other reason, may not be transmitted to them by post, shall be borne by the Detaining Power in all the territories placed Under its control. Other Powers Parties to the Convention shall bear the costs of transport in their respective territories.
The costs resulting from the carriage of such consignments, which would not be covered by the preceding paragraphs, shall be borne by the consignor.
The High Contracting Parties shall endeavour to reduce telegraph fees as far as possible for telegrams sent by or addressed to the internees.
In the event that military operations prevent interested Powers from fulfilling their obligation to transport intended shipments to s. 106, 107, 108 and 113, the protective Powers concerned, the International Committee of the Red Cross or any other body approved by the Parties to the conflict, may undertake to transport such consignments with the appropriate means (cars, trucks, boats or planes, etc.). To this end, the High Contracting Parties shall endeavour to provide them with such means of transport and to authorise the movement of such means, in particular by granting the necessary jumpers.
These means of transport may also be used to transport:
These provisions do not in any way restrict the right of any Party to the conflict to organise, if it prefers, other transport and to issue any but not subject to the conditions that may be agreed upon.
The costs arising from the use of such means of transport shall be borne in proportion to the importance of the consignments by the Parties to the conflict for which nationals are entitled to such services.
Censorship of correspondence addressed to, or sent to, internees shall be made in the shortest possible time.
The control of consignments intended for internees shall not be carried out under such conditions as to compromise the conservation of the foodstuffs they contain and shall be carried out in the presence of the consignee or a comrade mandated by him. The delivery of individual or collective mailings to the internees will not be delayed under the pretext of censorship difficulties.
Any prohibition of correspondence issued by the parties to the conflict, for military or political reasons, may only be temporary and for as short a period as possible.
The Detaining Powers shall ensure all reasonable facilities for transmission through the Protecting Power or the Central Agency under Art. 140 or by other means required, wills, proxies, or any other documents intended for internees or that emanate from them.
In all cases, the Detaining Powers will facilitate the establishment and formal legalization of such documents; in particular, they will allow them to consult a lawyer.
The Detaining Power shall accord to internees all facilities compatible with the internment regime and the legislation in force so that they can manage their property. To this end, it may authorise them to leave the place of internment, in urgent cases, and if the circumstances permit.
In all cases where an internee will be a party to a trial before any court, the Detaining Power shall, on the request of the person concerned, inform the court of his detention and shall, within the legal limits, ensure that Taking all necessary measures to ensure that it is not prejudiced by its internment, in relation to the preparation and conduct of its trial, or the execution of any judgment rendered by the court.
Each interned will be allowed to receive, as frequently as possible, visits and, first and foremost, those of his or her relatives.
In the event of an emergency and to the extent possible, in particular in the event of the death or serious illness of a parent, the interned will be allowed to travel to his or her family.
Subject to the provisions of this Chapter, the legislation in force in the territory in which they are located will continue to apply to internees who commit offences during internment.
If the laws, regulations or general orders declare punishable by acts committed by the internees, whereas the same acts are not committed when committed by persons who are not interned, such acts shall only result in Disciplinary sanctions.
An interned person will not be punished for the same or the same count as being punished only once.
In order to fix the sentence, the courts or authorities will take into account, to the maximum extent possible, the fact that the defendant is not a national of the Detaining Power. They will be free to mitigate the penalty for the offence of which the interne is prevented and will not be required to observe the minimum penalty.
All imprisonment shall be prohibited in premises not illuminated by daylight and, in general, any form of cruelty.
Internees who have been punished will not be able to be treated differently from other internees after they have been subjected to the penalties imposed on them in a disciplinary or judicial manner.
The length of preventive detention suffered by an interned person shall be deducted from any deprivation of liberty that would be imposed on him or her in a disciplinary or judicial manner.
The Internees Committees will be informed of all legal proceedings against the internees of which they are the agents, as well as their results.
The disciplinary penalties applicable to internees shall be:
In no case shall the disciplinary penalties be inhumane, brutal or dangerous to the health of the internees. They will have to consider their age, gender and health status.
The duration of the same punishment does not. Will never exceed a maximum of thirty consecutive days, even in cases where an internee would have to respond in a disciplined manner to a number of facts, at the time it is determined, whether or not the facts are related.
The escaped internees, or who. Attempt to escape, which would be resumed, will not be dutiable for this act, even if there is a repeat offence, than disciplinary penalties.
Notwithstanding the third paragraph of Art. 118, the internees punished as a result of an escape or an escape attempt may be subject to a special supervision regime, provided, however, that the scheme does not affect their state of health, whether it is suffered at a place of internment and It does not entail the deletion of any of the guarantees granted to them by this Convention.
Internees who have cooperated in an escape or attempt to escape will only be subject to disciplinary punishment.
Escape or escape attempt, even if recidivism, will not be considered an aggravating circumstance, in the event that the interned is referred to the courts for offences committed during the escape.
The Parties to the conflict shall ensure that the competent authorities are indulgent in the assessment of whether an offence committed by an interned person is to be disciplined or judicially punished, in particular as regards The facts related to the escape or attempted escape.
The facts constituting a fault against the discipline will be the subject of an immediate investigation. In particular, this will be the case for the escape or attempted escape, and the resumed internee will be returned as soon as possible to the competent authorities.
For all internees, pre-trial detention in the event of disciplinary misconduct shall be kept to a minimum and shall not exceed fourteen days; in all cases its duration shall be deducted from the custodial sentence imposed.
The provisions of Art. 124 and 125 will apply to internees held preemptively for disciplinary misconduct.
Without prejudice to the competence of the courts and the higher authorities, disciplinary penalties may be imposed only by the commander of the place of confinement or by an officer or official responsible to whom he has delegated his Disciplinary authority.
Before a disciplinary sentence is imposed, the accused interned will be informed of the facts of the case. It will be allowed to justify its conduct, to defend itself, to have witnesses heard and to use, if necessary, the offices of a qualified interpreter. The decision will be made in the presence of the accused and a member of the Internees Committee.
It will not be more than a month between the disciplinary decision and its execution.
When an interned person is subject to a new disciplinary sentence, a period of at least three days will separate the execution of each of the sentences, as soon as the duration of one of them is ten days or more.
The commander of the place of internment shall maintain a register of pronounced disciplinary penalties which shall be made available to the representatives of the Protecting Power.
In no case will the internees be transferred to penitentiaries (prisons, penitentiaries, bagnes, etc.) for disciplinary penalties.
The premises in which the disciplinary penalties will be imposed shall be in accordance with the requirements of hygiene, including adequate sleeping equipment; the internees punished shall be placed in a state of cleanliness.
Internalized women, who are subject to disciplinary punishment, will be held in separate premises from men and will be placed under the immediate supervision of women.
Internees who are disciplined will have the right to take each day of the exercise and to be outdoors for at least two hours.
They will be entitled, on their request, to attend the daily medical examination; they will receive the care necessary for their health and, if necessary, will be evacuated to the infirmary of the place of internment or to a hospital.
They will be allowed to read and write, and to send and receive letters. On the other hand, parcels and consignments of money may be issued only upon expiry of the sentence; in the meantime, they will be entrusted to the Committee of Internees who will hand over perishable foodstuffs in these packages to the infirmary.
No disciplined interned person shall be deprived of the benefit of the provisions of art. 107 and 143.
Art. 71 to 76 inclusive shall be applied by analogy to proceedings against internees on the national territory of the Detaining Power.
The transfer of the internees will always be done with humanity. It shall be carried out, as a general rule, by rail or other means of transport and under conditions at least equal to those enjoyed by the troops of the Detaining Power in their movements. If, exceptionally, transfers are to be made on foot, they can only take place if the physical condition of the internees permits and under no circumstances will they impose excessive fatigue on them.
The Detaining Power shall provide the internees, during the transfer, of drinking water and food in quantity, quality and variety sufficient to maintain them in good health, as well as clothing, adequate shelter and medical care Necessary. It will take all necessary precautions to ensure their security during the transfer and will establish, prior to departure, the complete list of transferred internees.
The sick, injured or infirm internees, as well as the women in layers, will not be transferred until their health is compromised by the journey, unless their safety requires it.
If the front is closer to a place of internment, the internees who are there will be transferred only if their transfer can be carried out under sufficient security conditions, or if they are at greater risk to remain on the spot than to be Transferred.
The Detaining Power, in deciding on the transfer of the internees, will have to take into account their interests, in particular with a view to not increasing the difficulties of repatriation or return to their place of residence.
In the event of a transfer, the internees will be notified officially of their departure and of their new mailing address; this notice will be given to them early enough so that they can prepare their luggage and warn their families.
They shall be entitled to carry their personal belongings, their correspondence and the packages arrived at their address; the weight of such luggage may be reduced if the circumstances of the transfer so require, but in no case less than twenty-five kilos per Interned.
Correspondence and parcels addressed to their former place of internment shall be transmitted to them without delay.
The commander of the place of internment will take, in agreement with the Comité d' internees, the measures necessary to affectionate the transfer of the collective property of the internees and the luggage that the internees could not carry with them, because of a Limitation pursuant to the second paragraph of this Article.
The internees will be able to hand over their wills to the responsible authorities who will guard them. In the event of the deaths of the internees, these wills shall be transmitted promptly to the persons designated by the internees.
The death of each interned will be noticed by a doctor, and a certificate setting out the causes of death and the conditions under which it has occurred will be established.
An official death certificate, duly registered, shall be established in accordance with the requirements in force in the territory where the place of confinement is situated and a certified copy shall be sent promptly to the Protecting Power and to the The Central Agency provided for in Art. 140.
The detaining authorities shall ensure that the internees who have died in captivity are buried honorably, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained and Marked in such a way that they can always be found.
The deceased internees will be buried individually, except in the case of force majeure that would impose a collective grave. Bodies can only be incinerated for compelling reasons of hygiene or because of the religion of the deceased, or if he has expressed a desire to do so. In the case of incineration, mention shall be made of the grounds on the act of death of the internees. The ashes will be carefully preserved by the detaining authorities and will be returned as soon as possible to the close relatives, if they so request.
As soon as circumstances permit and no later than the end of hostilities, the Detaining Power shall, through the Information Offices provided for in Art. 136, to the Powers whose deceased internees depended, lists of the graves of deceased internees. These lists will provide all the details necessary for the identification of deceased internees and the exact location of these graves.
Any death or serious injury of an internee caused or suspected to have been caused by a sentinel, by another interned or by any other person, as well as any deaths whose cause is unknown shall be immediately followed by an investigation Official of the Detaining Power.
A communication on this subject will be made immediately to the Protecting Power. The depositions of any witness shall be collected; a report containing them shall be prepared and communicated to the said Power.
If the investigation establishes the guilt of one or more persons, the Detaining Power will take all measures for the prosecution of the person (s).
Any internalized person shall be released by the Detaining Power, as soon as the causes which have motivated his internment no longer exist.
In addition, the Parties to the conflict shall endeavour to conclude, during the period of hostilities, agreements for the release, repatriation, return to the place of domicile or hospitalization in a neutral country of certain categories of internees, and These include children, pregnant women and mothers with infants and infants, injured and sick children, or long-term internees.
Internment will cease as soon as possible after the end of hostilities.
However, internees in the territory of a party to the conflict, who would be under criminal prosecution for offences which are not exclusively subject to disciplinary punishment, may be held until the end of the Procedure and, where applicable, until the expiration of the sentence. The same will apply to those who have previously been convicted of a custodial sentence.
By agreement between the Detaining Power and Interested Powers, commissions will have to be established, after the end of hostilities or occupation of the territory, to search for dispersed internees.
The High Contracting Parties shall endeavour, at the end of hostilities or occupation, to ensure the return of all internees to their last residence, or to facilitate their repatriation.
The Detaining Power shall bear the cost of returning the internees to the place where they were residing at the time of their internment or, if they apprehended them during their journey or on the high seas, the costs necessary to enable them to Complete their journey or return to their starting point.
If the Detaining Power refuses permission to reside on its territory to a freed interned person who previously had his or her regular residence there, she will pay the costs of her repatriation. If, however, the interned prefers to return to his own country under his own responsibility, or to obey the government to which he owes allegiance, the Detaining Power is not required to pay these expenses beyond its territory. The Detaining Power will not be required to pay the repatriation costs of an internee who would have been interned upon his/her own request.
If the internees are transferred in accordance with Art. 45, the transferring power and the receiving power shall agree on the share of the costs to be borne by each of them.
The said provisions shall not affect any special arrangements that may be made between the Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
From the beginning of a conflict, and in all cases of occupation, each of the Parties to the conflict shall constitute a formal Information Office responsible for receiving and transmitting information on protected persons who are in their power.
In the shortest possible time, each Party to the conflict shall transmit to the said Office information on the measures taken by it against any protected person apprehended for more than two weeks, forced or interned. In addition, it will instruct its various services to provide promptly to the above-mentioned Office indications concerning changes in the condition of such protected persons, such as transfers, releases, repatriations, escapes, Hospitalizations, births and deaths.
The National Intelligence Bureau will urgently, through the quickest means, and through, on the one hand, the Protecting Powers and, on the other hand, the Central Agency under Art. 140, the information concerning persons protected by the Power of which the persons referred to above are nationals or of the Power in the territory in which they have their residence. The Offices will also respond to all requests addressed to them about protected persons.
The Information Offices shall transmit information relating to a protected person, except in cases where their transmission could be prejudicial to the person concerned or his family. Even in this case, the information may not be refused at the Central Agency which, having been notified of the circumstances, will take the necessary precautions indicated in art. 140.
All written communications made by a Bureau shall be authenticated by a signature or by a seal.
The information received by the National Office of Information and forwarded by it will enable it to identify exactly the protected person and promptly notify his/her family. They shall include for each person at least the surname, given names, place and full date of birth, nationality, last residence, special signs, the name of the father and the name of the mother, the date and the nature of the Action taken in respect of the person, as well as the place where the person was taken, the address to which the correspondence may be addressed, and the name and address of the person to be informed.
As well, information on the health status of seriously ill or injured internees will be provided on a regular basis and whenever possible weekly.
In addition, the National Information Office will be responsible for collecting all personal items of value left by the protected persons referred to in s. 136, including repatriation, release, escape or death, and transmit them directly to the persons concerned, or, if necessary, through the Central Agency. These objects will be sent in packages sealed by the Bureau; they will be attached to these packages of statements that accurately establish the identity of the persons to whom these objects belonged together with a complete inventory of the package. The receipt and dispatch of all such objects will be recorded in detail in the registers.
A Central Intelligence Agency on Protected Persons, including the subject of internees, will be created in a neutral country. The International Committee of the Red Cross will propose to interested Powers, if it deems it necessary, the organization of this Agency which may be the same as that provided for in Art. 123 of the Geneva Convention of 12 August 1949 1 On the treatment of prisoners of war.
The Agency will be responsible for concentrating all information on the nature of s. 136 which it may obtain by official or private means; it shall transmit them as soon as possible to the country of origin or residence of the persons concerned, except in cases where such transmission could harm the persons Information pertains to, or to their families. It shall receive from the Parties to the conflict all reasonable facilities to carry out such transmissions.
The High Contracting Parties, and in particular those whose nationals are entitled to the services of the Central Agency, are invited to provide the Agency with the financial support it needs.
The foregoing shall not be construed as restricting the humanitarian activity of the International Committee of the Red Cross and the Relief Societies referred to in s. 142.
The National Information Offices and the Central Intelligence Agency will be provided with a complete postal franchise, as well as exemptions under s. 110, and, to the greatest extent possible, of the telegraphic franchise or at least significant fee reductions.
Subject to such measures as they deem necessary to guarantee their safety or to deal with any other reasonable necessity, the Detaining Powers shall reserve the best welcome to religious organizations, relief societies, or Any other organization that supports protected persons. They shall grant them all necessary facilities, as well as to their duly accredited delegates, to visit protected persons, to distribute relief, material from all sources intended for educational, recreational or other purposes Or to help them organize their leisure activities within the internment area. The aforementioned companies or organizations may be established either in the territory of the Detaining Power, or in another country, or may be of an international character.
The Detaining Power may limit the number of companies and bodies whose delegates will be authorised to carry out their activities within its territory and under its control, provided that such a limitation does not preclude the provision of assistance Effective and sufficient for all protected persons.
The special situation of the International Committee of the Red Cross in this field will at all times be recognised and respected.
Representatives or delegates of the Protecting Powers will be allowed to visit all places where protected persons are located, including in places of detention, detention and work.
They will have access to all the premises used by the protected persons and will be able to speak with them without witnesses, through an interpreter, if necessary.
Such visits can only be prohibited due to urgent military requirements and only on an exceptional and temporary basis. The frequency and duration may not be limited.
Any freedom will be left to the representatives and delegates of the Protecting Powers on the choice of places they wish to visit. The Detaining or Occupying Power, the Protecting Power and, where appropriate, the Power of Origin of Persons to be visited may agree to allow compatriots of the internees to participate in the visits.
The delegates of the International Committee of the Red Cross will enjoy the same prerogatives. The designation of such delegates shall be subject to the approval of the Power under the authority of which the territories in which they are to operate shall be placed.
The High Contracting Parties undertake to disseminate as widely as possible, in peacetime and in time of war, the text of the present Convention in their respective countries, including the incorporation of the study into the programmes Military training and, if possible, civil, in such a way that the principles are known to the entire population.
Civil, military, police or other authorities who, in time of war, would assume responsibility for protected persons, shall have the text of the Convention and be instructed specifically in its provisions.
The High Contracting Parties shall communicate through the Swiss Federal Council and, during the hostilities through the Protecting Powers, the official translations of this Convention, as well as the laws and regulations That they may be amended to implement them.
The High Contracting Parties undertake to take all necessary legislative measures to establish appropriate criminal sanctions to be applied to persons who have committed, or given the order to commit, any of the serious offences to the Present Convention as defined in the following Article.
Each Contracting Party will have an obligation to search for those who have committed, or have ordered, to commit, either of these serious offences, and they will have to refer them to their own courts, irrespective of their Nationality. It may also, if it prefers, and under the conditions laid down in its own legislation, submit them for judgment to another Contracting Party interested in the prosecution, provided that that Contracting Party has held against the said Contracting Parties People with sufficient loads.
Each Contracting Party shall take the necessary measures to stop acts contrary to the provisions of this Convention, other than the serious offences defined in the following article.
In all circumstances, the accused will benefit from procedural and self-defence guarantees which will not be lower than those laid down in Art. 105 et seq. Of the Geneva Convention of 12 August 1949 1 On the treatment of prisoners of war.
The serious offences referred to in the preceding article shall be those that involve any of the following acts, if committed against persons or property protected by the Convention: intentional homicide, torture or treatment Inhuman, including biological experiments, intentionally causing great suffering or serious harm to physical or health integrity, unlawful deportation or transfer, illegal detention, fact To compel a protected person to serve in the armed forces of the enemy power, or That of depriving it of its right to be judged regularly and impartially in accordance with the provisions of this Convention, the taking of hostages, the destruction and appropriation of property not justified by military necessity and carried out on a Large-scale in an unlawful and arbitrary manner.
No High Contracting Party may exempt itself, or exempt another Contracting Party, from the liability incurred by itself or another Contracting Party as a result of the offences provided for in the preceding Article.
At the request of a Party to the conflict, an investigation shall be initiated, depending on the manner in which the parties concerned agree, on any alleged violation of the Convention.
If an agreement on the investigation procedure is not reached, the Parties will agree to choose an arbitrator, who will decide on the procedure to be followed.
Once the violation is found, the Parties to the conflict will put an end to it and reprimand it as soon as possible.
This Convention shall be established in English and French. Both texts are equally authentic.
The Swiss Federal Council will establish official translations of the Convention in the Russian and Spanish languages.
This Convention, which shall bear the date of this day, may, until 12 February 1950, be signed in the name of the Powers represented at the Conference which opened in Geneva on 21 April 1949.
This Convention shall be ratified as soon as possible and ratifications shall be deposited in Bern.
The deposit of each instrument of ratification shall be a record of which a certified copy shall be furnished by the Swiss Federal Council to all the Powers on behalf of which the Convention has been signed or the notified accession.
This Convention shall enter into force six months after at least two instruments of ratification have been deposited.
Thereafter, it shall enter into force for each High Contracting Party six months after the deposit of its instrument of ratification.
In the relationship between Powers bound by the Hague Convention concerning the laws and customs of war on land, be it the law of 29 July 1899 1 Or of October 18, 1907 2 , and who participate in this Convention, the Convention shall complement Sections II and III of the Regulations annexed to the aforementioned Hague Conventions.
On the date of its entry into force, this Convention shall be open for accession by any Power on whose behalf this Convention has not been signed.
The accessions will be notified in writing to the Swiss Federal Council and will have effect six months after the date on which they are received.
The Swiss Federal Council will communicate the accessions to all the Powers on behalf of which the Convention has been signed or the notified accession.
The situations under s. 2 and 3 shall give immediate effect to the ratifications filed and to the accessions notified by the Parties to the conflict before or after the commencement of hostilities or occupation. The communication of the ratifications or accessions received from the Parties to the conflict will be made by the Swiss Federal Council by the quickest route.
Each High Contracting Party shall have the right to denounce this Convention.
The denunciation shall be notified in writing to the Swiss Federal Council. The latter shall communicate the notification to the Governments of all High Contracting Parties.
The denunciation will have effect one year after its notification to the Swiss Federal Council. However, the notified denunciation while the denouncing power is involved in a conflict will have no effect as long as peace has not been concluded and, in any case, as long as the liberation operations, of Repatriation and establishment of persons protected by this Convention shall not be completed.
Denunciation shall be valid only with regard to the denouncing power. It will have no effect on the obligations that the Parties to the conflict will remain bound to fulfil in accordance with the principles of the law of the people as they result from the established practices between civilized nations, the laws of humanity and the requirements of the Public consciousness.
The Swiss Federal Council shall register this Convention at the United Nations Secretariat. The Swiss Federal Council shall also inform the United Nations Secretariat of all ratifications, accessions and denunciations that it may receive on the subject of this Convention.
In witness whereof, The undersigned, having deposited their respective full powers, have signed this Convention.
Done at Geneva, on 12 August 1949, in the English and French languages, the original to be deposited in the archives of the Swiss Confederation. The Swiss Federal Council will transmit a certified copy of the Convention to each of the signatory states, as well as to the States which have acceded to the Convention.
(Suivent signatures)
The health and safety zones will be strictly reserved for the persons mentioned in art. 23 of the Geneva Convention of 12 August 1949 1 , in order to improve the lot of the wounded and sick in the armed forces in the field and in art. 14 of the Geneva Convention of 12 August 1949, relating to the protection of civilians in time of war, as well as to the personnel responsible for the organization and administration of those areas and localities and the care to be given to persons who Find concentrated.
However, persons who have their residence within these areas will have the right to stay there.
Persons who are, in any capacity, in a health and safety zone, shall not engage in any work that is directly related to the military operations or the production of the war material, or to the inside or the Outside of this field.
The Power that creates a health and safety zone will take all appropriate measures to deny access to all persons who do not have the right to surrender or to be there.
The health and safety zones shall meet the following conditions:
Health and safety areas will be subject to the following obligations:
The health and safety zones will be designated by red oblique stripes on a white background on the periphery and on the buildings.
Areas reserved for the wounded and sick may be designated by red crosses (red crescents, lions and red soleils) on a white background.
At night, they may also be provided with appropriate lighting.
From the time of peace or the opening of hostilities, each Power shall communicate to all High Contracting Parties a list of the health and safety zones established in the territory it controls. It will inform them of any new areas created during a conflict.
As soon as the adverse party has received the above-mentioned notification, the area will be established on a regular basis.
If, however, the adverse party considers that a condition laid down by this Agreement is manifestly not fulfilled, it may refuse to recognise the area by urgency communicating its refusal to the Party to which the area belongs, or subordinate its Recognition of the institution of control under s. 8.
Each Power that has recognized one or more health and safety zones established by the adverse Party shall have the right to request that one or more special commissions monitor whether the zones meet the conditions and obligations Set out in this Agreement.
To this end, the members of the special committees shall at all times have free access to the various zones and may even reside permanently there. All facilities will be granted to them so that they can carry out their monitoring mission.
In the event that the special commissions would find facts that would appear to them to be contrary to the provisions of this Agreement, they shall immediately notify the Power of which the zone belongs and shall provide it with a maximum period of five days To remedy the situation; they will inform the Power that has recognized the area.
If, at the expiration of that period, the Power on which the Area depends has failed to comply with the warning addressed to it, the adverse party may declare that it is no longer bound by this Agreement in respect of that area.
The Power which has established one or more health and safety zones, as well as the adverse parties to which their existence will have been notified, shall appoint, or shall designate by the Protecting Powers or by other Neutral Powers, the Persons who may be included in the special commissions referred to in s. 8 and 9.
The health and safety zones shall under no circumstances be attacked, but shall at all times be protected and respected by the Parties to the conflict.
In the event of occupation of a territory, the health and safety zones therein shall continue to be respected and used as such.
However, the occupying Power will be able to modify the posting after ensuring the fate of the persons who were gathered there.
This Agreement shall also apply to localities that the Powers would affect for the same purpose as health and safety zones.
The Internees Committees will be allowed to distribute the collective relief consignments of which they are responsible for all internees administratively attached to their place of internment, as well as those in hospitals, or in prisons Or other penal institutions.
The distribution of collective relief shipments will be carried out in accordance with the instructions of the donors and in accordance with the plan established by the Inter-Agency Committees; however, the distribution of medical assistance will preferably be in agreement with the Medical chiefs, and the latter may, in hospitals and lazarets, derogate from the said instructions in so far as the needs of their patients require them. Within this framework, this distribution will always be done in a fair manner.
In order to verify the quality and quantity of the goods received, and to prepare detailed reports for donors, members of the Internees' Committees will be permitted to travel to stations and other locations. Of arrival, close to their place of internment, where they receive the collective relief consignments.
The Internees Committees shall receive the necessary facilities to ascertain whether the distribution of collective relief, in all subdivisions and annexes of their place of internment, has been carried out in accordance with their instructions.
The Internees Committees will be allowed to complete as well as to have members of the Internees Committees completed in work detachments or by doctors-heads of lazarets and hospitals, formulas or questionnaires for donors, And related to collective relief (distribution, needs, quantities, etc.). These duly completed forms and questionnaires will be transmitted to donors without delay.
In order to ensure a regular distribution of collective relief to the internees of their place of internment and, possibly, to meet the needs arising from the arrival of new internees'quotas, the Internees' Committees will be allowed to To establish and maintain adequate reserves of collective relief. To this end, they will have adequate warehouses; each warehouse will be equipped with two locks, the Internees Committee with the keys of one and the commander of the location of the other.
The High Contracting Parties, and the Detaining Powers in particular, shall permit, to the greatest extent possible, and subject to the regulation of the supply of the population, all purchases made on their And will facilitate the transfer of funds and other financial, technical or administrative measures for the purpose of such purchases.
The above provisions do not preclude the right of internees to receive collective relief before their arrival in a place of internment or in the course of transfer, nor to the possibility for representatives of the power Protection, of the International Committee of the Red Cross or of any other humanitarian agency assisting the internees who would be responsible for transmitting such relief, to ensure their distribution to the recipients by any other means than they Consider it appropriate.
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Civil Interned Service Postcard |
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| Important This card must be completed by each internee as soon as he has been interned and whenever he has changed his address, as a result of his transfer to another place of internment or in a hospital. This card is independent of the special card that the interned is allowed to send to his family. |
Central Agency for Protected Persons Information International Committee of the Red Cross |
2. Verso
| Write legibly and in capital letters |
Nationality |
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| 2. |
Name 3. First names (in all letters) 4. Father's names |
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| 5. |
Date of Birth 6. Place of birth |
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| 7. |
Occupation |
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| 8. |
Address before internment |
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| 9. |
Family Address |
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| * 10. |
Interned on (or) Coming from (hospital, etc.) |
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| * 11. |
Health status |
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| 12. |
Current address |
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| 13. |
Date 14. Signature |
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| * |
Delete what is not appropriate-Do not add anything to these indications-See the explanation on the front. |
(Size of internment card: 10 ' 15 cm)
Civilian Internal Service
| A Street and Number Destination Location (please print) Province or Department Country (please print) |
(Letter dimensions: 29 ' 15 cm)
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| Civil Interned Service Port Franc |
Postcard A Street and Number Destination Location (please print) Province or Department Country (please print) |
Verso
| Date Write only on the lines and very clearly |
(Dimensions of the map: 10 ' 15 cm)
1 See also prot. Add. I and II of 8 June 1977 (RS 0.518.521 /.522 ).
2 RO 1951 177
3 See the scope of the Geneva Convention for the improvement of the lot of wounded and sick in the armed forces in the field (RS 0.518.12 ).
