Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836321802.pdf (New Zealand)
Geneva Conventions Act 1958 Public Act Date of assent 1958 No 19 18 September 1958 Contents Title Short Title Interpretation Punishment of offenders against Conventions or First Protocol Punishment for grave breaches of Conventions or First Protocol Provisions as to certain legal proceedings Notice of trial of protected persons to be served on protecting power, etc Legal representation of prisoners of war Appeals by protected persons Reduction of sentence, and custody of protected prisoners of war and internees Prevention of abuse of Red Cross and other emblems Use of Red Cross and other emblems Miscellaneous 9 10 11 Regulations Application of Act to island territories Repeal and savings Schedule 1 Schedule 2 Schedule 3 Schedule 4 Note This Act is administered in the Ministry of Foreign Affairs Page 2 2 2 4 44 70 142 1 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Schedule 5 Protocol I Schedule 6 Protocol II 215 297 An Act to enable effect to be given to certain International Conventions done at Geneva on the 12th day of August 1949 and to certain Protocols additional to those Conventions, and for purposes connected therewith The Long Title was amended, as from 10 July 1987, by section 2 Geneva Conventions Amendment Act 1987 (1987 No 144) by inserting the words “and to certain Protocols additional to those Conventions”.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: Short Title This Act may be cited as the Geneva Conventions Act 1958.
Interpretation In this Act, unless the context otherwise requires,— The First Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on the 12th day of August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1 to this Act The Second Convention means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on the 12th day of August 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2 to this Act The Third Convention means the Geneva Convention relative to the Treatment of Prisoners of War adopted at Geneva on the 12th day of August 1949, a copy of which 1 2 (1) 2 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 s 2 Convention (not including the annexes to that Convention) is set out in Schedule 3 to this Act The Fourth Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on the 12th day of August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4 to this Act The Conventions means Second Convention, Fourth Convention Court does not include a Court Martial New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990; and
 includes any aircraft belonging to or in the service of Her Majesty in right of New Zealand, whether a civil or a military aircraft New Zealand aircraft: amended, as from 17 November 1964, by section 34 Civil Aviation Act 1964 (1964 No 68) by substituting the Civil Aviation Act 1964 for the Civil Aviation Act 1948. the Third Convention, the First Convention, the and the New Zealand aircraft: further amended, as from 1 September 1990, by section 101(1) Civil Aviation Act 1990 (1990 No 98) by substituting the Civil Aviation Act 1990 for the Civil Aviation Act 1964.
New Zealand ship means a New Zealand ship or ship belonging to Her Majesty as those terms are deﬁned in the Shipping and Seamen Act 1952; and includes an unregistered ship which is by Part 12 of that Act required to be registered in New Zealand or in some other Commonwealth country Protected internee means a person protected by the Fourth Convention and interned in New Zealand Protected prisoner of war means a person protected by the Third Convention The protecting power, in relation to a protected prisoner of war or a protected internee, means the power or organisation which is carrying out, in the interests of the power of which he is a national, or of whose forces he is, or was at any material time, a member, the duties assigned to protecting powers under the Third Convention or the Fourth Convention, as the case may be.
3 Part 3 s 3 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 The First Protocol means the Protocol Additional to the Conventions and relating to the protection of victims of international armed conﬂicts, adopted at Geneva on the 8th day of June 1977, a copy of which Protocol (not including the annexes to that Protocol) is set out in Schedule 5 to this Act The First Protocol, The Second Protocol, and The Protocols: inserted, as from 10 July 1987, by section 3(1) Geneva Conventions Amendment Act 1987 (1987 No 144).
The Second Protocol means the Protocol Additional to the Conventions and relating to the protection of victims of non­international armed conﬂicts, adopted at Geneva on the 8th day of June 1977, a copy of which Protocol is set out in Schedule 6 to this Act The First Protocol, The Second Protocol, and The Protocols: inserted, as from 10 July 1987, by section 3(1) Geneva Conventions Amendment Act 1987 (1987 No 144).

The Protocols means Second Protocol.


The First Protocol, The Second Protocol, and The Protocols: inserted, as from 10 July 1987, by section 3(1) Geneva Conventions Amendment Act 1987 (1987 No 144).
If the ratiﬁcation on behalf of New Zealand of any of the Conventions or of either of the Protocols is subject that to a reservation or is accompanied by a declaration, Convention or that Protocol, as the case may require, shall, for the purposes of this Act, have effect and be construed subject to and in accordance with that reservation or declaration.

Subsection (2) was substituted, as from 10 July 1987, by section 3(2) Geneva Conventions Amendment Act 1987 (1987 No 144).
the First Protocol and the (2) Punishment of offenders against Conventions or First Protocol Section 3 and the “heading” were substituted, as from 10 July 1987, by section 4 Geneva Conventions Amendment Act 1987 (1987 No 144).

The previous heading read as follows: “Punishment of Offenders Against Conventions”.
3 Punishment for grave breaches of Conventions or First Protocol (1) Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, 4 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Part 3 s 3 (2) a grave breach of any of the Conventions or of the First Proto­ col is guilty of an indictable offence.
For the purposes of this section— (a) A grave breach of the First Convention is a breach of that Convention involving an act referred to in Article 50 of that Convention committed against persons or property protected by that Convention: (b) A grave breach of the Second Convention is a breach of that Convention involving an act referred to in Art­ icle 51 of that Convention committed against persons or property protected by that Convention: A grave breach of the Third Convention is a breach of that Convention involving an act referred to in Article 130 of that Convention committed against persons or property protected by that Convention: (c) (d) A grave breach of the Fourth Convention is a breach of that Convention involving an act referred to in Article 147 of that Convention committed against persons or property by that Convention: A grave breach of the First Protocol is a breach of that Protocol involving— (i) (e) An act or omission referred to in paragraph 4 of Article 11 of that Protocol committed against or omitted in respect of persons protected by para­ graph 1 of that Article; or (ii) An act referred to in paragraph 2 of Article 85 of that Protocol committed against persons or prop­ erty protected by that paragraph; or (iii) An act referred to in paragraph 3 of Article 85 of that Protocol committed against persons or prop­ erty protected by that paragraph; or (iv) An act or omission referred to in paragraph 4 of Article 85 of that Protocol committed against or omitted in respect of persons or property pro­ tected by that paragraph.
(3) (4) This section applies to persons regardless of their nationality or citizenship.

The punishment for an offence against this section shall be,— 5 Part 3 s 3 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 (a) Where the offence involves the wilful killing of a per­ son protected by the relevant Convention or by the First Protocol, as the case may require, the same as that for the time being for murder: in any other case, imprisonment for life or a lesser term.
(5) No one shall be prosecuted for an offence against this section (b) without the leave of the Attorney­General.

The provisions of section 5 of this Act (other than subsection (2)) shall apply in relation to the trial of a person who is not a protected prisoner of war for an offence against this section in like manner as they apply in relation to the trial of a protected prisoner of war.
If— (a) In any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies); or In any proceedings under this section in respect of a grave breach of the First Protocol any question arises under paragraph 3 or paragraph 4 of Article 1 of that Protocol or under Article 3 of that Protocol (which re­ late to the circumstances in which that Protocol ap­ plies),— (b) that question shall be determined by the Minister of Foreign Affairs and Trade, and a certiﬁcate purporting to set out any such determination and to be signed by or on behalf of that Minister shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown.
The enactments relating to the trial by Court Martial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of Courts Martial convened in New Zealand as if this section had not been passed.

Subsection (7) was amended, as from 1 March 1970, by section 2(3) Foreign Affairs Amendment Act 1969 (1969 No 78), by substituting the reference to the Minister of Foreign Affairs for a reference to the Minister of External Affairs.
Section 3 and the preceding heading were substituted, as from 10 July 1987, by section 4 Geneva Conventions Amendment Act 1987 (1987 No 144).

Subsection (4)(b) was substituted, as from 1 October 2000, by section 185 Inter­ national Crimes and International Criminal Court Act 2000 (2000 No 26).
(6) (7) (8) 6 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Part 4 s 4 4 (1) (2) (3) Subsection (7) was amended, as from 1 July 1993, by section 6(1) Foreign Af­ fairs Amendment Act 1993 (1993 No 48) by substituting the words “Minister of Foreign Affairs and Trade” for the words “Minister of Foreign Affairs”.
Provisions as to certain legal proceedings Notice of trial of protected persons to be served on protecting power, etc The Court before which— (a) A protected prisoner of war is brought up for trial for any offence; or (b) A protected internee is brought up for trial for an of­ fence for which that Court has power to sentence him to imprisonment for a term of 2 years or more— shall not proceed with the trial until it is proved to the satisfac­ tion of the Court that a notice containing the particulars men­ tioned in subsection (2) of this section, so far as they are known to the prosecutor, has been served not less than 3 weeks previ­ ously on the protecting power (if there is a protecting power), on the accused, and (if the accused is a protected prisoner of war) on the prisoners’ representative.
The particulars referred to in subsection (1) of this section are— (a) The full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is a protected prisoner of war, his rank and his army, regimental, personal, or serial num­ ber; (b) His place of detention, internment, or residence; The offence with which he is charged; and (c) The Court before which the trial is to take place and the (d) time and place appointed for the trial.
For the purposes of this section a document purporting— (a) To be signed on behalf of the protecting power or by the prisoners’ representative or by the person accused, as the case may be; and To be an acknowledgment of the receipt by that power, representative, or person on a speciﬁed day of a notice described therein as a notice under this section— (b) 7 Part 4 s 5 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 (4) shall, unless the contrary is shown, be sufﬁcient evidence that the notice required by subsection (1) of this section was served on that power, representative, or person on that day.
In this section the expression prisoners’ representative in re­ lation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners’ representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.
(5) Any Court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, not­ withstanding anything in any other enactment or any rule of law, remand the accused for the period of the adjournment.

Paragraph (1)(b) was amended, as from 17 May 2005, by section 3 Geneva Conventions Amendment Act 2005 (2005 No 54) by omitting the words “to death or”.
Legal representation of prisoners of war The Court before which a protected prisoner of war is brought up for trial for any offence shall not proceed with the trial, unless— (a) (b) The accused is represented by counsel; and It is proved to the satisfaction of the Court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were ﬁrst given to counsel for the accused; and if the Court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment or rule of law, the Court may remand the accused for the period of the adjournment.
In the absence of counsel accepted by the accused as repre­ senting him, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (b) of subsection (1) of this section, be regarded for the purposes of that subsection as representing the accused.
If the Court adjourns the trial in pursuance of subsection (1) of this section by reason that the accused is not represented by 5 (1) (2) (3) 8 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Part 4 s 6 counsel, the Court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceed­ ings in connection with the offence; and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or instructed as mentioned in sub­ section (2) of this section, counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (b) of subsection (1) of this section, be regarded for the purposes of the said subsection (1) as representing the ac­ cused.
(4) A counsel shall be assigned in pursuance of subsection (3) of this section in such manner as may be prescribed by regula­ tions made under this Act, and any counsel so assigned shall be entitled to receive, out of money appropriated by Parliament for the purpose, such remuneration and disbursements as may be in like manner prescribed.
While there are no regulations for the purposes of this section or so far as any such regula­ tions do not apply, the provisions of the Legal Services Act 1991 and of any regulations made under that Act shall apply to the assignment, remuneration, and disbursement of counsel under this section.

Subsection (4) was amended, as from 1 February 1992, by section 159(1) Legal Services Act 1991 (1991 No 71) by substituting the expression “Legal Services Act 1991” for the expression “Offenders Legal Aid Act 1954”.
Appeals by protected persons 6 (1) Where a protected prisoner of war or a protected internee has been sentenced by a Court to imprisonment for a term of 2 years or more, the time allowed in relation to the institution of an appeal or an application for leave to appeal against the conviction or sentence shall, notwithstanding anything to the contrary in any other enactment, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of 28 days after the date on which the convicted person receives a notice that the protect­ ing power has been notiﬁed of his conviction and sentence, being a notice given,— (a) In the case of a protected prisoner of war, by an ofﬁcer of the New Zealand armed forces; or 9 Part 4 s 7 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 (b) In the case of a protected internee, by or on behalf of the person in charge of the prison or place in which he is conﬁned.
(2) (3) Where subsection (1) of this section applies in relation to a convicted person, then, unless the Court otherwise orders, an order of the Court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his conviction or sentence is possible.
Subsections (1) and (2) of this section shall not apply in rela­ tion to an appeal against a conviction or sentence if, at the time of the conviction or sentence, there is no protecting power.

(4) (5) (6) Subsection (1) was amended, as from 17 May 2005, by section 4(1) Geneva Conventions Amendment Act 2005 (2005 No 54) by omitting the words “to death or”.

Subsection (2) was repealed, as from 1 December 1983, by section 208(1) Armed Forces Discipline Act 1971 (1971 No 53).
Subsections (5) and (6) were repealed, as from 17 May 2005, by section 4(2) Geneva Conventions Amendment Act 2005 (2005 No 54).
7 Reduction of sentence, and custody of protected prisoners of war and internees (1) When a protected prisoner of war or a protected internee is convicted of an offence, the Court shall,— (a) In ﬁxing a term of imprisonment in respect of the of­ fence, deduct from the term which it would otherwise have ﬁxed any period during which the convicted per­ son has been in custody in connection with that offence before the trial; and In ﬁxing any penalty other than imprisonment in respect of the offence, take that period of custody into account.
(2) Where the Minister of Justice is satisﬁed that a protected pris­ oner of war accused of an offence has been in custody in con­ nection with that offence, while awaiting trial, in a place other (b) 10 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Part 8 s 8 than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than 3 months, that Minister may direct that the prisoner shall be transferred from that custody to the custody of an ofﬁcer of the New Zealand armed forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the Court at the time appointed for his trial.
Prevention of abuse of Red Cross and other emblems 8 (1) Use of Red Cross and other emblems Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Minister of De­ fence or a person authorised by him in writing to give consent under this section, to use for any purpose whatsoever any of the following emblems, designations, designs, or wordings, that is to say: (a) The emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”: The emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”: The following emblem in red on, and completely sur­ rounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the desig­ nation “Red Lion and Sun”: (b) (c) (d) Any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem: 11 Part 8 s 8 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 (2) (3) (4) (e) Any design or wording so nearly resembling any of the emblems or designations speciﬁed in the foregoing pro­ visions of this subsection as to be capable of being mis­ taken for, or, as the case may be, understood as referring to, one of those emblems.
If any person contravenes the foregoing provisions of this sec­ tion he shall be guilty of an offence and be liable on summary conviction to a ﬁne not exceeding $1,000 and to forfeit any goods upon or in connection with which the emblem, designa­ tion, design, or wording was used.
The Minister of Defence or a person authorised by that Minis­ ter to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Con­ ventions or of the Protocols.
In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or word­ ing which reproduces or resembles an emblem or designation speciﬁed in paragraph (b) or paragraph (c) of subsection (1) of this section.
(5) Where a person is charged with using a design or wording to which subsection (4) of this section applies for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark registered as aforesaid, it shall be a defence for him to prove— (a) (b) That he lawfully used that design or wording for that purpose before the passing of this Act; or In a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act.
(6) Where an offence under this section committed by a body cor­ porate is proved to have been committed with the consent or connivance of any director, manager, secretary or other ofﬁ­ cer of the body corporate, or any person purporting to act in 12 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Part 9 s 9 (7) any such capacity, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
This section extends to the use in or outside New Zealand of an emblem, designation, design, or wording referred to in sub­ section (1) of this section on any New Zealand ship or New Zealand aircraft.

(8) No one shall be prosecuted for an offence under this section (9) 9 without the leave of the Attorney­General.

Subsection (2) of section 18 of the Trade Marks Act 1953 is hereby consequentially repealed.
Subsection (2) was amended, as from 10 July 1987, by section 5(1) Geneva Conventions Amendment Act 1987 (1987 No 144) by substituting the expres­ sion “$1,000” for the expression “$100”.

Subsection (3) was amended, as from 10 July 1987, by section 5(2) Geneva Conventions Amendment Act 1987 (1987 No 144) by inserting the words “or of the Protocols”.
Miscellaneous Regulations The Governor­General may, from time to time, by Order in Council, make regulations for all or any of the following pur­ poses: (a) Providing for the assignment, remuneration, and dis­ bursement of counsel for the purposes of section 5 of this Act: Prescribing the form of ﬂags, emblems, signs, signals, designations, designs, wordings, uniforms, and insignia for use for the purposes of the Conventions or the Proto­ cols or both, and regulating their use: Prescribing the form of identiﬁcation cards for use for the purposes of the Conventions or the Protocols or both, and regulating their use: For the purpose of giving effect to Article 38 or Article 39 of the First Protocol, prohibiting or restricting the use of such ﬂags, emblems, signs, signals, insignia, or uniforms as may be speciﬁed in the regulations: Providing for the keeping of such records, and the recording of such information, as are required to be (b) (c) (d) (e) 13 Part 9 s 10 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 (f) (g) kept or recorded under the Conventions or the Proto­ cols: Prescribing offences in respect of the contravention of or non­compliance with any regulations made under this section, and prescribing the amounts of the ﬁnes that may be imposed in respect of such offences, which ﬁnes shall be an amount not exceeding $1,000: Providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
This section was substituted, as from 10 July 1987, by section 6 Geneva Con­ ventions Amendment Act 1987 (1987 No 144).

10 (1) (2) (3) Application of Act to island territories This Act shall be in force in the Cook Islands, and Tokelau.

In this Act, except in this section, both in New Zealand and in the Cook Islands, and Tokelau, the term New Zealand shall be construed as including the Cook Islands, and Tokelau.
Every reference in this Act to the Attorney­General shall be construed,— (a) In the application of this Act to the Cook Islands, other than Niue, as including the High Commissioner of the Cook Islands: In the application of this Act to the Island of Niue, as including the Cabinet of Ministers of Niue: In the application of this Act to Tokelau, as including the Administrator of Tokelau.
(d) (b) (c) (4) The other Ministers speciﬁed in this Act may exercise the powers conferred on them by this Act in the Cook Islands, and Tokelau.

(5) All criminal jurisdiction conferred by this Act may be exer­ cised by the High Court of the Cook Islands in the ordinary course of its criminal jurisdiction.

For the purposes of this subsection, subsection (1) of section 3 of this Act shall apply as if the word “indictable” were omitted.
(6) 14 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Schedule 1 The word “Tokelau” was substituted for the words “Tokelau Islands”, as from 9 December 1976, pursuant to section 3(8) Tokelau Amendment Act 1976 (1976 No 122).
Subsections (1) and (2) were amended, as from 24 November 1961, by section 9 Western Samoa Act 1961 by substituting the words “and Tokelau” for the words “Tokelau and Western Samoa” In subsection (3)(a) the words “the High Commissioner of the Cook Islands” were substituted for the words “Resident Commissioner of Rarotonga”, as from 4 August 1965, pursuant to section 57(3) Cook Islands Amendment Act 1964 (1964 No 70).
In subsection (3)(b) the words “the Cabinet of Ministers of Niue” were sub­ stituted for the words “Resident Commissioner of Niue”, as from 19 October 1974, pursuant to section 2(2)(c) Niue Amendment Act 1974 (1974 No 43).

Subsection (3)(d) was repealed by section 10(1) of the Western Samoa Act 1961.

Subsection (4) was amended, as from 1 January 1962, by section 9 Western Samoa Act 1961 (1961 No 68) by substituting the words “and Tokelau” for the words “Tokelau and Western Samoa”.
Subsection (5) was amended, as from 1 January 1962, by section 9 Western Samoa Act 1961 (1961 No 68) by omitting the words “or by the High Court of Samoa in the ordinary course of its criminal jurisdiction”.

Subsection (6) was repealed by section 10(1) of the Western Samoa Act 1961.

Repeal and savings 11 (1) The Geneva Convention Act 1936 is hereby repealed.
(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
Schedule 1 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick 15 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued in Armed Forces in the Field of August 12, 1949 Preamble The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21, to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows: Article 1 Article 2 Chapter 1 General Provisions The High Contracting Parties undertake to respect and to en­ sure respect for the present Convention in all circumstances.
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conﬂict which may arise between 2 or more of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conﬂict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.

They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3 In the case of armed conﬂict not of an international char­ acter occurring in the territory of one of the High Contracting Parties, each Party to the conﬂict shall be bound to apply, as a minimum, the following provisions: 16 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter 1—continued (1) (2) Article 4 Persons taking no active part in the hostilities, including mem­ bers of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, reli­ gion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above­mentioned persons: (a) Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture; Taking of hostages; Outrages upon personal dignity, in particular, humiliat­ ing and degrading treatment; The passing of sentences and the carrying out of execu­ tions without previous judgment pronounced by a regu­ larly constituted Court, affording all the judicial guaran­ tees which are recognised as indispensable by civilised peoples.
(b) (c) (d) The wounded and sick shall be collected and cared for.

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

The Parties to the conﬂict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conﬂict.
Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conﬂict, received or interned in their ter­ ritory, as well as to dead persons found.
17 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter 1—continued Article 5 Article 6 Article 7 Article 8 18 For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their ﬁnal repatriation.
In addition to the agreements expressly provided for in Art­ icles 10, 15, 23, 28, 31, 36, 37 and 52 the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separ­ ate provision.

No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as deﬁned by the present Conven­ tion, nor restrict the rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall continue to have the beneﬁt of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conﬂict.
Wounded and sick, as well as members of the medical person­ nel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Conven­ tion, and by the special agreements referred to in the foregoing Article, if such there be.

The present Convention shall be applied with the co­operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conﬂict.
For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers.
The Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 9 Article 10 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter 1—continued said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conﬂict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Pro­ tecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Conven­ tion.

They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.

Their activities shall only be restricted as an excep­ tional and temporary measure when this is rendered necessary by imperative military necessities.
The provisions of the present Convention constitute no obsta­ cle to the humanitarian activities which the International Com­ mittee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conﬂict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief.
The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efﬁcacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When wounded and sick or medical personnel and chaplains do not beneﬁt or cease to beneﬁt, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conﬂict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of 19 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter 1—continued this Article, the offer of the services of a humanitarian organ­ isation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organisation invited by the Power concerned or offering itself for these purposes, shall be re­ quired to act with a sense of responsibility towards the Party to the conﬂict on which persons protected by the present Con­ vention depend, and shall be required to furnish sufﬁcient as­ surances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particu­ larly where the whole, or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Pro­ tecting Power, such mention also applies to substitute organ­ isations in the sense of the present Article.
In cases where they deem it advisable in the interest of pro­ tected persons, particularly in cases of disagreement between the Parties to the conﬂict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good ofﬁces with a view to settling the disagreement.
For this purpose, each of the Protecting Powers, may either at the invitation of one Party or on its own initiative, propose to the Parties to the conﬂict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen.
The Parties to the conﬂict shall be bound to give effect to the proposals made to them Article 11 20 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter 1—continued for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties to the conﬂict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.

Article 12 Chapter II Wounded and Sick Members of the armed forces and other persons mentioned in the following Article who are wounded or sick, shall be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party to the conﬂict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria.
Any attempts on their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, sub­ jected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.

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

Women shall be treated with all consideration due to their sex.
The Party to the conﬂict which is compelled to abandon wounded or sick to the enemy shall, as far as military con­ siderations permit, leave with them a part of its medical personnel and material to assist in their care.
Article 13 The present Convention shall apply to the wounded and sick belonging to the following categories: (1) Members of the armed forces of a Party to the conﬂict, as well as members of militias or volunteer corps forming part of such armed forces; 21 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter II—continued (2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, be­ longing to a Party to the conﬂict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps including such organised resistance movements, fulﬁl the following conditions: (a) That of being commanded by a person responsible for his subordinates; That of having a ﬁxed distinctive sign recognisable at a distance; That of carrying arms openly; That of conducting their operations in accordance with the laws and customs of war.
(b) (c) (d) (4) (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power; Persons who accompany the armed forces without actually be­ ing members thereof, such as civil members of military air­ craft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany; (5) Members of crews including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conﬂict, who do not beneﬁt by more favourable treatment under any other provisions in international law; Inhabitants of a non­occupied territory who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
(6) Article 14 22 Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter II—continued war, and the provisions of international law concerning pris­ oners of war shall apply to them.
At all times, and particularly after an engagement, Parties to the conﬂict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill­treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of ﬁre shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battleﬁeld.

Likewise, local arrangements may be concluded between Par­ ties to the conﬂict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.
Article 15 Article 16 Designation of the Power on which he depends; Parties to the conﬂict shall record as soon as possible, in re­ spect of each wounded, sick, or dead person of the adverse Party falling into their hands, any particulars which may assist in his identiﬁcation.
These records should if possible include: (a) (b) Army, regimental, personal or serial number; (c) (d) (e) (f) (g) Date and place of capture or death; (h) Surname; First name or names; Date of birth; Any other particulars shown on his identity card or disc; Particulars concerning wounds or illness, or cause of death.
As soon as possible the above­mentioned information shall be forwarded to the Information Bureau described in Article 23 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter II—continued 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conﬂict shall prepare and forward to each other through the same bureau, certiﬁcates of death or duly authenti­ cated lists of the dead.

They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead.
These articles, together with unidentiﬁed articles, shall be sent in sealed packets, ac­ companied by statements giving all particulars necessary for the identiﬁcation of the deceased owners, as well as by a com­ plete list of the contents of the parcel.
Parties to the conﬂict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances per­ mit, is preceded by a careful examination and if possible by a medical examination, of the bodies, with a view to conﬁrming death, establishing identity and enabling a report to be made.

One half of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body.
Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased.

In case of cremation the circumstances and reasons for crema­ tion shall be stated in detail in the death certiﬁcate or on the authenticated list of the dead.
They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly main­ tained and marked so that they may always be found.
For this Article 17 24 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 18 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter II—continued purpose, they shall organise at the commencement of hostil­ ities an Ofﬁcial Graves Registration Service, to allow subse­ quent exhumations and to ensure the identiﬁcation of bodies, whatever the site of the graves, and their possible transporta­ tion to the home country.
These provisions shall likewise ap­ ply to the ashes, which shall be kept by the Graves Registra­ tion Service until proper disposal thereof in accordance with the wishes of the home country.

As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Infor­ mation Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves, together with particulars of the dead interred therein.
The military authorities may appeal to the charity of the inhab­ itants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities.

Should the adverse party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality.

The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.

No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occu­ pying Power of its obligations to give both physical and moral care to the wounded and sick.
25 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Article 19 Chapter III Medical Units and Establishments Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conﬂict.
Should they fall into the hands of the adverse Party, their per­ sonnel shall be free to pursue their duties, as long as the cap­ turing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.

The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot im­ peril their safety.
Hospital ships entitled to the protection of the Geneva Conven­ tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land.

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

Article 20 Article 21 Article 22 The following conditions shall not be considered as de­ priving a medical unit or establishment of the protection guar­ anteed by Article 19: That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.
(1) 26 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter III—continued (2) (3) (4) (5) That in the absence of armed orderlies, the unit or establish­ ment is protected by a picket or by sentries or by an escort.
That small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the unit or establishment.

That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.

That the humanitarian activities of medical units and estab­ lishments or of their personnel extend to the care of civilian wounded or sick.
Article 23 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organised as to protect the wounded and sick from the effects of war, as well as the per­ sonnel entrusted with the organisation and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recog­ nition of the hospital zones and localities they have created.

They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good ofﬁces in order to facilitate the institution and recognition of these hospital zones and localities.
27 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IV Personnel Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.
Members of the armed forces specially trained for employ­ ment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher­bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.
The staff of national Red Cross societies and that of other vol­ untary aid societies, duly recognised and authorised by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regula­ tions.
Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of, or during hostilities, but in any case before actually employing them, the names of the societies which it has authorised, under its responsibility, to render assistance to the regular medical service of its armed forces.
A recognised society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conﬂict with the previous consent of its own Government and Article 24 Article 25 Article 26 Article 27 28 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 28 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IV—continued the authorisation of the Party to the conﬂict concerned.
That personnel and those units shall be placed under the control of that Party to the conﬂict.

The neutral Government shall notify this consent to the adver­ sary of the State which accepts such assistance.

The Party to the conﬂict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.

In no circumstances shall this assistance be considered as inter­ ference in the conﬂict.
The members of the personnel named in the ﬁrst paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong.

Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.

Personnel thus retained shall not be deemed prisoners of war.
Nevertheless they shall at least beneﬁt by all the provisions of the Geneva Convention relative to the Treatment of Pris­ oners of War of August 12, 1949.

Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall con­ tinue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong.
They shall further enjoy the following facilities for carrying out their medical or spiritual duties: (a) They shall be authorised to visit periodically the pris­ oners of war in labour units or hospitals outside the camp.

The Detaining Power shall put at their disposal the means of transport required.
29 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IV—continued (b) (c) In each camp the senior medical ofﬁcer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel.
For this purpose, from the outbreak of hostilities, the Parties to the conﬂict shall agree re­ garding the corresponding seniority of the ranks of their medical personnel, including those of the societies des­ ignated in Article 26.

In all questions arising out of their duties, this medical ofﬁcer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.
Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.

During hostilities the Parties to the conﬂict shall make ar­ rangements for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.

Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conﬂict to whom they belong, as soon as a road is open for their return and military requirements permit.

Pending their return, they shall not be deemed prisoners of war.
Nevertheless they shall at least beneﬁt by all the provisions of Article 29 Article 30 30 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 31 Article 32 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IV—continued the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
They shall continue to fulﬁl their duties under the orders of the adverse Party and shall prefer­ ably be engaged in the care of the wounded and sick of the Party to the conﬂict to which they themselves belong.

On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.
The selection of personnel for return under Article 30, shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.

As from the outbreak of hostilities, Parties to the conﬂict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.
Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.

Unless otherwise agreed, they shall have permission to return to their country, or, if this is not possible, to the territory of the Party to the conﬂict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conﬂict in whose service they were.

On their departure, they shall take with them their effects, per­ sonal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
31 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IV—continued The Parties to the conﬂict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces.
The food shall in any case be sufﬁcient as regards quantity, quality and variety to keep the said personnel in a normal state of health.

Article 33 Chapter V Buildings and Material The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of ﬁxed medical establish­ ments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick.

Nevertheless, the commanders of forces in the ﬁeld may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores deﬁned in the present Article shall not be intentionally destroyed.

The real and personal property of aid societies which are ad­ mitted to the privileges of the Convention shall be regarded as private property.

The right of requisition recognised for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity and only after the welfare of the wounded and sick has been ensured.
Article 34 32 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Article 35 Chapter VI Medical Transports Article 36 Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on con­ dition that the Party to the conﬂict who captures them shall in all cases ensure the care of the wounded and sick they contain.

The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law.
Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while ﬂying at heights, times and on routes speciﬁcally agreed upon between the bel­ ligerents concerned.

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

Unless agreed otherwise, ﬂights over enemy or enemy­occu­ pied territory are prohibited.

Medical aircraft shall obey every summons to land.

In the event of a landing thus imposed, the aircraft with its occupants may continue its ﬂight after examination, if any.
In the event of an involuntary landing in enemy or enemy­oc­ cupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war.

The medical personnel 33 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 37 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter VI—continued shall be treated according to Article 24 and the Articles fol­ lowing.
Subject to the provisions of the second paragraph, medical air­ craft of Parties to the conﬂict may ﬂy over the territory of neu­ tral Powers, land on it in case of necessity, or use it as a port of call.

They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water.
They will be immune from attack only when ﬂying on routes, at heights and at times speciﬁcally agreed upon between the Parties to the conﬂict and the neutral Power concerned.

The neutral Powers may, however, place conditions or restric­ tions on the passage or landing of medical aircraft on their ter­ ritory.

Such possible conditions or restrictions shall be applied equally to all Parties to the conﬂict.
Unless agreed otherwise between the neutral Power and the Parties to the conﬂict, the wounded and sick who are disem­ barked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a man­ ner that they cannot again take part in operations of war.

The cost of their accommodation and internment shall be borne by the Power on which they depend.
Article 38 Chapter VII The Distinctive Emblem As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as em­ blem, in place of the red cross, the red crescent or the red lion 34 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 39 Article 40 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter VII—continued and sun on the white ground, those emblems are also recog­ nised by the terms of the present Convention.
Under the direction of the competent military authority, the emblem shall be displayed on the ﬂags, armlets and on all equipment employed in the Medical Service.

The personnel designated in Article 24 and in Articles 26 and 27 shall wear, afﬁxed to the left arm, a water­resistant arm­ let bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc men­ tioned in Article 16, shall also carry a special identity card bearing the distinctive emblem.

This card shall be water­re­ sistant and of such size that it can be carried in the pocket.

It shall be worded in the national language, shall mention at least the surname and ﬁrst names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his signature or his ﬁngerprints or both.

It shall be embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties.

The parties to the con­ ﬂict may be guided by the model which is annexed, by way of example, to the present Convention.
They shall inform each other, at the outbreak of hostilities, of the model they are us­ ing.

Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the arm­ let.

In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
35 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter VII—continued The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of per­ sonnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.

The distinctive ﬂag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities.
In mobile units, as in ﬁxed establishments, it may be accom­ panied by the national ﬂag of the Party to the conﬂict to which the unit or establishment belongs.

Nevertheless, medical units which have fallen into the hands of the enemy shall not ﬂy any ﬂag other than that of the Con­ vention.
Parties to the conﬂict shall take the necessary steps, in so far as military considerations permit, to make the distinctive em­ blems indicating medical units and establishments clearly vis­ ible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.
The medical units belonging to neutral countries, which may have been authorised to lend their services to a belligerent under the conditions laid down in Article 27, shall ﬂy, along with the ﬂag of the Convention, the national ﬂag of that bel­ ligerent, wherever the latter makes use of the faculty conferred on him by Article 42.
Article 41 Article 42 Article 43 36 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 44 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter VII—continued Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, ﬂy their national ﬂag, even if they fall into the hands of the adverse Party.
With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words “Red Cross”, or “Geneva Cross” may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and es­ tablishments, the personnel and material protected by the pre­ sent Convention and other Conventions dealing with similar matters.
The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them.

The national Red Cross societies and other societies designated in Article 26 shall have the right to use the distinct­ ive emblem conferring the protection of the Convention only within the framework of the present paragraph.
Furthermore, national Red Cross (Red Crescent, Red Lion and Sun) societies may, in time of peace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences.
When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.

The international Red Cross organisations and their duly au­ thorised personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground.
As an exceptional measure, in conformity with national legis­ lation and with the express permission of one of the national Red Cross (Red Crescent, Red Lion and Sun) societies, the em­ blem of the Convention may be employed in time of peace to 37 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter VII—continued identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.
Chapter VIII Execution of the Convention Each Party to the conﬂict, acting through its commanders­in­ chief, shall ensure the detailed execution of the preceding Art­ icles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.

Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Conven­ tion as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the prin­ ciples thereof may become known to the entire population, in particular to the armed ﬁghting forces, the medical personnel and the chaplains.
The High Contracting Parties shall communicate to one an­ other through the Swiss Federal Council and, during hostil­ ities, through the Protecting Powers, the ofﬁcial translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Article 45 Article 46 Article 47 Article 48 38 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Article 49 Chapter IX Repression of Abuses and Infractions The High Contracting Parties undertake to enact any legisla­ tion necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention deﬁned in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own Courts.

It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches deﬁned in the following Article.

In all circumstances, the accused persons shall beneﬁt by safe­ guards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those fol­ lowing of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wil­ ful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justiﬁed by military necessity and carried out unlawfully and wantonly.
39 Article 50 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IX—continued Article 51 Article 52 Article 53 40 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
At the request of a Party to the conﬂict, an inquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

If agreement has not been reached concerning the procedure for the inquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the con­ ﬂict shall put an end to it and shall repress it with the least pos­ sible delay.
The use by individuals, societies, ﬁrms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation “Red Cross” or “Geneva Cross”, or any sign or designation consti­ tuting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinct­ ive emblem of the Convention, the use by private individuals, societies, or ﬁrms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trade­ marks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be pro­ hibited at all times.
Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IX—continued Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the ﬁrst paragraph, a time limit not to exceed 3 years from the coming into force of the present Convention to discontinue such use, provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Conven­ tion.
The prohibition laid down in the ﬁrst paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38.

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

Final Provisions The present Convention is established in English and in French.
Both texts are equally authentic.

The Swiss Federal Council shall arrange for ofﬁcial transla­ tions of the Convention to be made in the Russian and Spanish languages.
The present Convention, which bears the date of this day, is open to signature until 12th February, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21st April, 1949; furthermore, by Powers not represented at that Conference but which are parties to the Geneva Con­ ventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.
41 Article 54 Article 55 Article 56 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IX—continued The present Convention shall be ratiﬁed as soon as possible and the ratiﬁcations shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratiﬁcation and certiﬁed copies of this record shall be trans­ mitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.

The present Convention shall come into force 6 months after not less than 2 instruments of ratiﬁcation have been deposited.
Thereafter, it shall come into force for each High Contracting Party 6 months after the deposit of the instrument of ratiﬁca­ tion.

The present Convention replaces the Conventions of August 22, 1864, July 6, 1906, and July 27, 1929, in relations between the High Contracting Parties.

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Accessions shall be notiﬁed in writing to the Swiss Federal Council, and shall take effect 6 months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the powers in whose name the Convention has been signed, or whose accession has been notiﬁed.
The situations provided for in Articles 2 and 3 shall give im­ mediate effect to ratiﬁcations deposited and accessions noti­ ﬁed by the Parties to the conﬂict before or after the beginning Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 42 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 63 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued Chapter IX—continued of hostilities or occupation.
The Swiss Federal Council shall communicate by the quickest method any ratiﬁcations or ac­ cessions received from Parties to the conﬂict.

Each of the High Contracting Parties shall be at liberty to de­ nounce the present Convention.

The denunciation shall be notiﬁed in writing to the Swiss Fed­ eral Council, which shall transmit it to the Governments of all the High Contracting Parties.

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

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

Article 64 The Swiss Federal Council shall register the present Conven­ tion with the Secretariat of the United Nations.
The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratiﬁcations, accessions and denunciations re­ ceived by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respect­ ive full powers, have signed the present Convention.

Done at Geneva this 12th day of August, 1949, in the English and French languages.
The original shall be deposited in the Archives of 43 Schedule 2 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949—continued the Swiss Confederation.

The Swiss Federal Council shall transmit certiﬁed copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annexes.]
Schedule 2 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 Preamble The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to Au­ gust 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as fol­ lows: I General Provisions The High Contracting Parties undertake to respect and to en­ sure respect for the present Convention in all circumstances.
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conﬂict which may arise between 2 or more of the High Contracting Parties, even if the state of war is not recognised by one of them.
Article 1 Article 2 44 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued I—continued The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conﬂict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.

They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
(1) Article 3 In the case of armed conﬂict not of an international char­ acter occurring in the territory of one of the High Contracting Parties, each Party to the conﬂict shall be bound to apply, as a minimum, the following provisions: Persons taking no active part in the hostilities, including mem­ bers of armed forces who have laid down their arms and those placed hors de combat, by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, reli­ gion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above­mentioned persons: (a) (b) (c) (d) Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture; Taking of hostages; Outrages upon personal dignity, in particular, humiliat­ ing and degrading treatment; The passing of sentences and the carrying out of execu­ tions without previous judgment pronounced by a regu­ larly constituted Court, affording all the judicial guaran­ tees which are recognised as indispensable by civilised peoples.
45 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued I—continued (2) The wounded, sick and shipwrecked shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conﬂict.
The Parties to the conﬂict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

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

Article 4 Article 5 Article 6 46 In case of hostilities between land and naval forces of Parties to the conﬂict, the provisions of the present Convention shall apply only to forces on board ship.
Forces put ashore shall immediately become subject to the pro­ visions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conﬂict received or in­ terned in their territory, as well as to dead persons found.
In addition to the agreements expressly provided for in Art­ icles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separ­ ate provision.
No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of mem­ bers of the medical personnel or of chaplains, as deﬁned by Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 7 Article 8 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued I—continued the present Convention, nor restrict the rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the beneﬁt of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conﬂict.
Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, may in no circum­ stances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

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

The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conﬂict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Pro­ tecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Conven­ tion.

They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.
Their activities shall only be restricted as an excep­ 47 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued I—continued tional and temporary measure when this is rendered necessary by imperative military necessities.
The provisions of the present Convention constitute no obsta­ cle to the humanitarian activities which the International Com­ mittee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conﬂict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chap­ lains, and for their relief.
The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efﬁcacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not beneﬁt or cease to beneﬁt, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the ﬁrst paragraph above, the De­ taining Power shall request a neutral State, or such an organ­ isation, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conﬂict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organ­ isation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organisation invited by the Power concerned or offering itself for these purposes, shall be re­ quired to act with a sense of responsibility towards the Party to the conﬂict on which persons protected by the present Con­ Article 9 Article 10 48 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 11 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued I—continued vention depend, and shall be required to furnish sufﬁcient as­ surances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particu­ larly where the whole, or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Pro­ tecting Power, such mention also applies to substitute organ­ isations in the sense of the present Article.
In cases where they deem it advisable in the interest of pro­ tected persons, particularly in cases of disagreement between the Parties to the conﬂict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good ofﬁces with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conﬂict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen.

The Parties to the conﬂict shall be bound to give effect to the proposals made to them for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties to the conﬂict, a person belonging to a neutral power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.
49 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued Article 12 II Wounded, Sick and Shipwrecked Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term shipwreck means shipwreck from any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conﬂict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria.
Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exter­ minated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.

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

Women shall be treated with all consideration due to their sex.
Article 13 The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (1) Members of the armed forces of a Party to the conﬂict as well as members of militias or volunteer corps forming part of such armed forces; (2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, be­ longing to a Party to the conﬂict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organised resistance movements, fulﬁl the following conditions: 50 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued II—continued (a) (b) (c) (d) That of being commanded by a person responsible for his subordinates; That of having a ﬁxed distinctive sign recognisable at a distance; That of carrying arms openly; That of conducting their operations in accordance with the laws and customs of war; (4) (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognised by the Detaining Power; Persons who accompany the armed forces without actually be­ ing members thereof, such as civil members of military air­ craft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed
 forces, provided that they have received authorisation from the armed forces which they accompany; (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conﬂict, who do not beneﬁt by more favourable treatment under any other provisions of international law; Inhabitants of a non­occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invad­ ing forces, without having had time to form themselves into regular armed units, provided they carry arms openly and re­ spect the laws and customs of war.
(6) Article 14 All warships of a belligerent Party shall have the right to de­ mand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their national­ ity, provided that the wounded and sick are in a ﬁt state to be 51 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued II—continued moved and that the warship can provide adequate facilities for necessary medical treatment.
If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be en­ sured, where so required by international law, that they can take no further part in operations of war.

Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.
The captor may decide according to circumstances, whether it is expedi­ ent to hold them, or to convey them to a port in the captor’s own country, to a neutral port or even to a port in enemy ter­ ritory.

In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war.
Wounded, sick or shipwrecked persons who are landed in neu­ tral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the bel­ ligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war.

The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or ship­ wrecked persons depend.
After each engagement, Parties to the conﬂict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pil­ lage and ill­treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Article 15 Article 16 Article 17 Article 18 52 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued II—continued Whenever circumstances permit, the Parties to the conﬂict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.
Article 19 Designation of the Power on which he depends; The Parties to the conﬂict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identiﬁcation.
These records should if possible include: (a) (b) Army, regimental, personal or serial number; (c) (d) (e) (f) (g) Date and place of capture or death; (h) Surname; First name or names; Date of birth; Any other particulars shown on his identity card or disc; Particulars concerning wounds or illness, or cause of death.
As soon as possible the above­mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conﬂict shall prepare and forward to each other through the same bureau, certiﬁcates of death or duly authenti­ cated lists of the dead.
They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in gen­ 53 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued II—continued eral all articles of an intrinsic or sentimental value, which are found on the dead.
These articles, together with unidentiﬁed articles, shall be sent in sealed packets, accompanied by state­ ments giving all particulars necessary for the identiﬁcation of the deceased owners, as well as by a complete list of the con­ tents of the parcel.
Parties to the conﬂict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is pre­ ceded by a careful examination, if possible by a medical exam­ ination, of the bodies, with a view to conﬁrming death, estab­ lishing identity and enabling a report to be made.

Where a double identity disc is used, one half of the disc should remain on the body.
If dead persons are landed, the provisions of the Geneva Con­ vention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable.

The Parties to the conﬂict may appeal to the charity of com­ manders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked per­ sons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance.

They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neu­ trality they may have committed.
Article 20 Article 21 54 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued Article 22 III Hospital Ships Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or cap­ tured, but shall at all times be respected and protected, on con­ dition that their names and descriptions have been notiﬁed to the Parties to the conﬂict 10 days before those ships are em­ ployed.
The characteristics which must appear in the notiﬁcation shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.

Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be protected from bombardment or attack from the sea.
Hospital ships utilised by national Red Cross societies, by of­ ﬁcially recognised relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conﬂict on which they depend has given them an ofﬁcial commission and in so far as the provisions of Article 22 concerning notiﬁcation have been complied with.
These ships must be provided with certiﬁcates of the respon­ sible authorities, stating that the vessels have been under their control while ﬁtting out and on departure.
Hospital ships utilised by national Red Cross societies, ofﬁ­ cially recognised relief societies, or private persons of neutral 55 Article 23 Article 24 Article 25 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued III—continued countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conﬂict, with the previous consent of their own govern­ ments and with the authorisation of the Party to the conﬂict concerned, in so far as the provisions of Article 22 concerning notiﬁcation have been complied with.
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wher­ ever they are operating.

Nevertheless, to ensure the maximum comfort and security, the Parties to the conﬂict shall endeavour to utilise, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.
Under the same conditions as those provided for in Articles 22 and 24 small craft, employed by the State or by the ofﬁcially recognised lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational re­ quirements permit.

The same shall apply so far as possible to ﬁxed coastal instal­ lations used exclusively by these craft for their humanitarian missions.
Should ﬁghting occur on board a warship, the sick bays shall be respected and spared as far as possible.

Sick bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose, so long as they are required for the wounded and sick.
Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, Article 26 Article 27 Article 28 56 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 29 Article 30 Article 31 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued III—continued apply them to other purposes in case of urgent military neces­ sity.
Any hospital ship in a port which falls into the hands of the enemy shall be authorised to leave the said port.

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

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

Such vessels shall in no wise hamper the movements of the combatants.

During and after an engagement, they will act at their own risk.
The parties to the conﬂict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27.

They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wire­ less and other means of communication, and even detain them for a period not exceeding seven days from the time of inter­ ception, if the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the pro­ visions of the preceding paragraph are carried out.

As far as possible, the Parties to the conﬂict shall enter in the log of the hospital ship, in a language he can understand, the orders they have given the captain of the vessel.
Parties to the conﬂict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention.
57 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued III—continued Article 32 Article 33 Article 34 Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay in a neutral port.
Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities.

The protection to which hospital ships and sick bays are en­ titled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy.

Pro­ tection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication.

(2) (1) Article 35 The following conditions shall not be considered as de­ priving hospital ships or sick bays of vessels of the protection due to them: The fact that the crews of ships or sick bays are armed for the maintenance of order, for their own defence or that of the sick and wounded.
The presence on board of apparatus exclusively intended to facilitate navigation or communication.

The discovery on board hospital ships or in sick bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service.

The fact that the humanitarian activities of hospital ships and sick bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians.
(4) (3) 58 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued III—continued (5) The transport of equipment and of personnel intended exclu­ sively for medical duties, over and above the normal require­ ments.
Article 36 Article 37 IV Personnel The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board.
The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick.

They shall afterwards be sent back as soon as the Commander in Chief, under whose authority they are, consid­ ers it practicable.
They may take with them, on leaving the ship, their personal property.

If, however, it proves necessary to retain some of this per­ sonnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest pos­ sible landing.

Retained personnel shall be subject, on landing, to the provi­ sions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
59 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued Article 38 V Medical Transports Ships chartered for that purpose shall be authorised to trans­ port equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the preven­ tion of disease, provided that the particulars regarding their voyage have been notiﬁed to the adverse Power and approved by the latter.
The adverse Power shall preserve the right to board the carrier ships but not to capture them or seize the equipment carried.

By agreement amongst the Parties to the conﬂict, neutral ob­ servers may be placed on board such ships to verify the equip­ ment carried.

For this purpose, free access to the equipment shall be given.
Medical aircraft, that is to say, aircraft exclusively employed for the removal of the wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conﬂict, while ﬂying at heights, at times and on routes speciﬁcally agreed upon between the Parties to the conﬂict concerned.
They shall be clearly marked with the distinctive emblem pre­ scribed in Article 41, together with their national colours, on their lower, upper and lateral surfaces.

They shall be provided with any other markings or means of identiﬁcation which may be agreed upon between the Parties to the conﬂict upon the outbreak or during the course of hostilities.

Unless agreed otherwise, ﬂights over enemy or enemy­occu­ pied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water.

In the event of having thus to alight, the aircraft with its occupants may continue its ﬂight after examination, if any.
Article 39 60 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 40 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued V—continued In the event of alighting involuntarily on land or water in en­ emy or enemy­occupied territory, the wounded, sick and ship­ wrecked, as well as the crew of the aircraft shall be prisoners of war.
The medical personnel shall be treated according to Articles 36 and 37.

Subject to the provisions of the second paragraph, medical air­ craft of Parties to the conﬂict may ﬂy over the territory of neu­ tral Powers, land thereon in case of necessity, or use it as a port of call.

They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water.
They will be immune from attack only when ﬂying on routes, at heights and at times speciﬁcally agreed upon between the Parties to the conﬂict and the neutral Power concerned.

The neutral Powers may, however, place conditions or restric­ tions on the passage or landing of medical aircraft on their ter­ ritory.

Such possible conditions or restrictions shall be applied equally to all Parties to the conﬂict.
Unless otherwise agreed between the neutral Powers and the Parties to the conﬂict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war.

The cost of their accommodation and internment shall be borne by the Power on which they depend.
Article 41 VI The Distinctive Emblem Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed 61 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VI—continued on the ﬂags, armlets and on all equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as em­ blem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognised by the terms of the present Convention.

The personnel designated in Articles 36 and 37 shall wear, af­ ﬁxed to the left arm, a water­resistant armlet bearing the dis­ tinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc men­ tioned in Article 19, shall also carry a special identity card bearing the distinctive emblem.

This card shall be water­re­ sistant and of such size that it can be carried in the pocket.

It shall be worded in the national language, shall mention at least the surname and ﬁrst names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention.
The card shall bear the photograph of the owner and also either his signature or his ﬁnger­prints or both.

It shall be embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties.

The Parties to the con­ ﬂict may be guided by the model which is annexed, by way of example, to the present Convention.
They shall inform each other, at the outbreak of hostilities, of the model they are us­ ing.

Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the arm­ let.

In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
Article 42 62 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VI—continued Article 43 All exterior surfaces shall be white.
The ships designated in Articles 22, 24, 25, and 27 shall be distinctively marked as follows: (a) (b) One or more dark red crosses as large as possible shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national ﬂag and further, if they belong to a neutral state, the ﬂag of the Party to the conﬂict whose direction they have accepted.

A white ﬂag with a red cross shall be ﬂown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, com­ ply with the identiﬁcation system prescribed above for hospital ships.
The above­mentioned ships and craft which may wish to en­ sure by night and in times of reduced visibility the protection to which they are entitled must, subject to the assent of the Party to the conﬂict under whose power they are, take the necessary measures to render their painting and distinctive emblems suf­ ﬁciently apparent.
Hospital ships which, in accordance with Article 31 are pro­ visionally detained by the enemy, must haul down the ﬂag of the Party to the conﬂict in whose service they are or whose di­ rection they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to ﬂy their own national colours along with a ﬂag carrying a red cross on 63 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VI—continued a white ground, subject to prior notiﬁcation to all the Parties to the conﬂict concerned.
All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41.

Parties to the conﬂict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identiﬁcation of hospital ships.
The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protect­ ing the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the parties to the conﬂict concerned.
The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the preven­ tion and repression, at all times, of any abuse of the distinctive signs provided for under Article 43.

VII Execution of the Convention Each Party to the conﬂict, acting through its Commander in Chief, shall ensure the detailed execution of the preceding Art­ icles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.
Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited.
Article 44 Article 45 Article 46 Article 47 64 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VII—continued Article 48 Article 49 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Conven­ tion as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the prin­ ciples thereof may become known to the entire population, in particular to the armed ﬁghting forces, the medical personnel and the chaplains.
The High Contracting Parties shall communicate to one an­ other through the Swiss Federal Council and, during hostilities through the Protecting Powers, the ofﬁcial translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Article 50 VIII Repression of Abuses and Infractions The High Contracting Parties undertake to enact any legisla­ tion necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention deﬁned in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own Courts.

It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
65 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VIII—continued Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches deﬁned in the following Article.
In all circumstances the accused persons shall beneﬁt by safe­ guards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those fol­ lowing of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wil­ ful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justiﬁed by military necessity and carried out unlawfully and wantonly.
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

At the request of a Party to the conﬂict, an inquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the inquiry, the Parties should agree on the choice of an umpire, who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the con­ ﬂict shall put an end to it and shall repress it with the least pos­ sible delay.
Article 51 Article 52 Article 53 66 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 54 Article 55 Article 56 Article 57 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VIII—continued Final Provisions The present Convention is established in English and in French.

Both texts are equally authentic.


The Swiss Federal Council shall arrange for ofﬁcial transla­ tions of the Convention to be made in the Russian and Spanish languages.
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Con­ vention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.
The present Convention shall be ratiﬁed as soon as possible and the ratiﬁcations shall be deposited at Berne.

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

The present Convention shall come into force 6 months af­ ter not less than two instruments of ratiﬁcation have been de­ posited.
Thereafter, it shall come into force for each High Contracting Party 6 months after the deposit of the instrument of ratiﬁca­ tion.
67 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VIII—continued Article 58 Article 59 Article 60 Article 61 Article 62 68 The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties.
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

Accessions shall be notiﬁed in writing to the Swiss Federal Council, and shall take effect 6 months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.
The situation provided for in Articles 2 and 3 shall give imme­ diate effect to ratiﬁcations deposited and accessions notiﬁed by the Parties to the conﬂict before or after the beginning of hostilities or occupation.

The Swiss Federal Council shall communicate by the quickest method any ratiﬁcations or accessions received from Parties to the conﬂict.

Each of the High Contracting Parties shall be at liberty to de­ nounce the present Convention.
The denunciation shall be notiﬁed in writing to the Swiss Fed­ eral Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notiﬁ­ cation thereof has been made to the Swiss Federal Council.
Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949—continued VIII—continued However, a denunciation of which notiﬁcation has been made at a time when the denouncing Power is involved in a conﬂict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been ter­ minated.
The denunciation shall have effect only in respect of the de­ nouncing Power.

It shall in no way impair the obligations which the Parties to the conﬂict shall remain bound to fulﬁl by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

Article 63 The Swiss Federal Council shall register the present Conven­ tion with the Secretariat of the United Nations.
The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratiﬁcations, accessions and denunciations re­ ceived by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respect­ ive full powers, have signed the present Convention.

Done at Geneva this 12th day of August 1949, in the English and French languages.

The original shall be deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certiﬁed copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annex.]
69 Schedule 3 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Schedule 3 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949 Preamble The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: Article 1 Article 2 I General Provisions The High Contracting Parties undertake to respect and to en­ sure respect for the present Convention in all circumstances.
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conﬂict which may arise between 2 or more of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conﬂict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.

They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3 In the case of armed conﬂict not of an international char­ acter occurring in the territory of one of the High Contracting Parties, each Party to the conﬂict shall be bound to apply, as a minimum, the following provisions: 70 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued (1) (2) Article 4 A Persons taking no active part in the hostilities, including mem­ bers of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, reli­ gion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above­mentioned persons: (a) Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture; Taking of hostages; Outrages upon personal dignity, in particular, humiliat­ ing and degrading treatment; The passing of sentences and the carrying out of execu­ tions without previous judgment pronounced by a regu­ larly constituted Court affording all the judicial guaran­ tees which are recognised as indispensable by civilised peoples.
(b) (c) (d) The wounded and sick shall be collected and cared for.

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

The Parties to the conﬂict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conﬂict.
Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conﬂict as well as members of militias or volunteer corps forming part of such armed forces; 71 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued (b) (c) (d) (2) Members of other militias and members of other vol­ unteer corps, including those of organised resistance movements, belonging to a Party to the conﬂict and op­ erating in or outside their own territory, even if this terri­ tory is occupied, provided that such militias or volunteer corps, including such organised resistance movements, fulﬁl the following conditions: (a) That of being commanded by a person responsi­ ble for his subordinates; That of having a ﬁxed distinctive sign recognis­ able at a distance; That of carrying arms openly; That of conducting their operations in accordance with the laws and customs of war; (3) Members of regular armed forces who profess alle­ giance to a government or an authority not recognised by the Detaining Power; Persons who accompany the armed forces without actu­ ally being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services re­ sponsible for the welfare of the armed forces, provided that
 they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the an­ nexed model; (4) (5) Members of crews, including masters, pilots and ap­ prentices of the merchant marine and the crews of civil aircraft of the Parties to the conﬂict, who do not bene­ ﬁt by more favourable treatment under any other provi­ sions of international law; Inhabitants of a non­occupied territory, who on the ap­ proach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they (6) 72 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued carry arms openly and respect the laws and customs of war.
B.
The following shall likewise be treated as prisoners of war under the present Convention: (1) (2) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it had originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
The persons belonging to one of the categories enumer­ ated in the present Article, who have been received by neutral or non­belligerent Powers on their territory and whom these Powers are required to intern under inter­ national law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, ﬁfth para­ graph, 58­67, 92, 126 and, where diplomatic relations exist between the Parties to the conﬂict and the neutral or non­belligerent Power concerned, those Articles con­ cerning the Protecting Power.
Where such diplomatic relations exist, the Parties to a conﬂict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the func­ tions which these Parties normally exercise in conform­ ity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical person­ nel and chaplains as provided for in Article 33 of the present Convention.
73 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued Article 5 Article 6 Article 7 Article 8 74 The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their ﬁnal release and repatriation.
Should any doubt arise as to whether persons, having commit­ ted a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Con­ vention until such time as their status has been determined by a competent tribunal.
In addition to the agreements expressly provided for in Art­ icles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision.

No spe­ cial agreement shall adversely affect the situation of prisoners of war, as deﬁned by the present Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the beneﬁt of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conﬂict.
Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Conven­ tion, and by the special agreements referred to in the foregoing Article, if such there be.

The present Convention shall be applied with the co­operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conﬂict.
For Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers.

The said Delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conﬂict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Pro­ tecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Conven­ tion.

They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.
The provisions of the present Convention constitute no obsta­ cle to the humanitarian activities which the International Com­ mittee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conﬂict concerned, undertake for the protection of prisoners of war and for their relief.
The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efﬁcacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not beneﬁt or cease to beneﬁt, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the ﬁrst paragraph above, the Detaining Power shall request a neutral State, or such an organisation, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conﬂict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of 75 Article 9 Article 10 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued this Article, the offer of the services of a humanitarian organ­ isation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power or any organisation invited by the Power concerned or offering itself for these purposes, shall be re­ quired to act with a sense of responsibility towards the Party to the conﬂict on which persons protected by the present Con­ vention depend, and shall be required to furnish sufﬁcient as­ surances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particu­ larly where the whole, or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Pro­ tecting Power, such mention applies to substitute organisations in the sense of the present Article.
In cases where they deem it advisable in the interest of pro­ tected persons, particularly in cases of disagreement between the Parties to the conﬂict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good ofﬁces with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conﬂict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen.

The Parties to the conﬂict shall be bound to give effect to the proposals made to them for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties to the conﬂict Article 11 76 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued I—continued a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.
Article 12 II General Protection of Prisoners of War Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them.

Ir­ respective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisﬁed itself of the willing­ ness and ability of such transferee Power to apply the Con­ vention.

When prisoners of war are transferred under such circumstances, responsibility for the application of the Con­ vention rests on the Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notiﬁed by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war.

Such requests must be complied with.

Prisoners of war must at all times be humanely treated.
Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention.

In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientiﬁc experiments of any kind which are not justiﬁed by the medical, dental, or hospital treatment of the prisoner concerned and carried out in his interest.
77 Article 13 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued II—continued Likewise, prisoners of war must at all times be protected, par­ ticularly against acts of violence or intimidation and against insults and public curiosity.

Measures of reprisals against prisoners of war are prohibited.

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

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture.

The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.
The Power detaining prisoners of war shall be bound to pro­ vide free of charge for their maintenance and for the medical attention required by their state of health.
Taking into consideration the provisions of the present Con­ vention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualiﬁcations, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious be­ lief or political opinions, or any other distinction founded on similar criteria.
Article 14 Article 15 Article 16 78 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III Captivity Section I—Beginning of Captivity Article 17 Every prisoner of war, when questioned on the subject, is bound to give only his surname, ﬁrst names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.

Each Party to a conﬂict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, ﬁrst names, rank, army, regimental, personal or serial number or equiva­ lent information, and date of birth.
The identity card may, fur­ thermore, bear the signature or the ﬁngerprints or both of the owner, and may bear, as well, any other information the Party to the conﬂict may wish to add concerning persons belonging to its armed forces.

As far as possible the card shall measure 6.5 x 10cm, and shall be issued in duplicate.

The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inﬂicted on prisoners of war to secure from them in­ formation of any kind whatever.

Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.

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

The questioning of prisoners of war shall be carried out in a language which they understand.
79 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section I—continued Article 18 All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal hel­ mets and gas masks and like articles issued for personal pro­ tection.
Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment.

At no time should prisoners of war be without identity docu­ ments.

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

Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order of an ofﬁcer, and after the amount and particulars of the owner have been recorded in a special register and an itemised receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt.
Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s re­ quest, shall be placed to the credit of the prisoner’s account as provided in Article 64.

The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.
80 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section I—continued Article 19 Article 20 Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.

Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a ﬁghting zone.

The evacuation of prisoners of war shall always be effected humanely, and in conditions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are be­ ing evacuated with sufﬁcient food and potable water, and with the necessary clothing and medical attention.

The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated.

If prisoners of war must, during evacuation, pass through tran­ sit camps, their stay in such camps shall be as brief as possible.
Section II—Internment of Prisoners of War I General Observations Article 21 The Detaining Power may subject prisoners of war to intern­ ment.

It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter.
Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close conﬁnement except where necessary to safeguard 81 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued their health and then only during the continuation of the cir­ cumstances which make such conﬁnement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend.

Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health.

No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conﬂict shall notify the adverse Party of the laws and regulations allowing or prohibiting its own nationals to accept liberty on parole or promise.
Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notiﬁed, are bound on their personal honour scrupulously to fulﬁl, both towards the Power on which they depend and to­ wards the Power which has captured them, the engagements of their paroles or promises.

In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given.
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthful­ ness.

Except in particular cases which are justiﬁed by the in­ terest of the prisoners themselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the cli­ mate is injurious for them, shall be removed as soon as pos­ sible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separ­ ated from prisoners of war belonging to the armed forces with Article 22 82 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued which they were serving at the time of their capture, except with their consent.
No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the ﬁre of the combat zone, nor may his presence be used to render certain points or areas immune from military operations.

Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civil­ ian population.
With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm.

Any other protective measure taken in favour of the population shall also apply to them.

Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful infor­ mation regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the daytime by the letters PW or PG, placed so as to be clearly visible from the air.

The Powers concerned may, however, agree upon any other system of marking.

Only prisoner of war camps shall be marked as such.

Transit or screening camps of a permanent kind shall be ﬁtted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treat­ ment as in other camps.
Article 23 Article 24 83 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued II Quarters, Food and Clothing of Prisoners of War Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area.
The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.

The foregoing provisions shall apply in particular to the dor­ mitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.
The premises provided for the use of prisoners of war individu­ ally or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out.

All precautions must be taken against the dan­ ger of ﬁre.

In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them.
The basic daily food rations shall be sufﬁcient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional de­ ﬁciencies.

Account shall also be taken of the habitual diet of the prisoners.

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

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

Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that Article 25 Article 26 84 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 27 Article 28 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued purpose in the kitchens.
Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.

Adequate premises shall be provided for messing.

Collective disciplinary measures affecting food are prohibited.

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

The regular replacement and repair of the above articles shall be assured by the Detaining Power.

In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands.

Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use.
The tariff shall never be in excess of local market prices.

The proﬁts made by camp canteens shall be used for the bene­ ﬁt of the prisoners; a special fund shall be created for this pur­ pose.

The prisoners’ representative shall have the right to col­ laborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the spe­ cial fund shall be handed to an international welfare organisa­ tion, to be employed for the beneﬁt of prisoners of war of the same nationality as those who have contributed to the fund.

In case of a general repatriation, such proﬁts shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.
85 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued Article 29 III Hygiene and Medical Attention The Detaining Power shall be bound to take all sanitary meas­ ures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, con­ veniences which conform to the rules of hygiene and are main­ tained in a constant state of cleanliness.

In any camps in which women prisoners of war are accommodated, separate conveni­ ences shall be provided for them.
Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with suf­ ﬁcient water and soap for their personal toilet and for wash­ ing their personal laundry; the necessary installations, facil­ ities and time shall be granted them for that purpose.

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

Prisoners of war suffering from serious disease, or whose con­ dition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian med­ ical unit where such treatment can be given, even if their re­ patriation is contemplated in the near future.
Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending re­ patriation.

Prisoners of war shall have the attention, preferably, of med­ ical personnel of the Power on which they depend and, if pos­ sible, of their nationality.

Prisoners of war may not be prevented from presenting them­ selves to the medical authorities for examination.
The detain­ Article 30 86 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued ing authorities shall, upon request, issue to every prisoner who has undergone treatment, an ofﬁcial certiﬁcate indicating the nature of his illness or injury, and the duration and kind of treatment received.
A duplicate of this certiﬁcate shall be for­ warded to the Central Prisoners of War Agency.

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

Medical inspections of prisoners of war shall be held at least once a month.

They shall include the checking and the record­ ing of the weight of each prisoner of war.
Their purpose shall be, in particular, to supervise the general state of health, nutri­ tion and cleanliness of prisoners and to detect contagious dis­ eases, especially tuberculosis, malaria and venereal disease.

For this purpose the most efﬁcient methods available shall be employed, eg periodic mass miniature radiography for the early detection of tuberculosis.
Prisoners of war who, though not attached to the medical ser­ vice of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power.

In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power.
They shall be exempted from any other work under Article 49.
Article 31 Article 32 87 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued IV Medical Personnel and Chaplains Retained to Assist Prisoners of War Article 33 Members of the medical personnel and chaplains while re­ tained by the Detaining Power with a view to assisting prison­ ers of war, shall not be considered as prisoners of war.
They shall, however, receive as a minimum the beneﬁts and protec­ tion of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and re­ ligious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the beneﬁt of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette.
They shall also beneﬁt by the following facilities in the exercise of their medical or spiritual functions: (a) They shall be authorised to visit periodically prison­ ers of war situated in working detachments or in hos­ pitals outside the camp.

For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.
The senior medical ofﬁcer in each camp shall be re­ sponsible to the camp military authorities for everything connected with the activities of retained medical per­ sonnel.
For this purpose, Parties to the conﬂict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, in­ cluding that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condi­ tion of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
This senior medical ofﬁcer, as well as chaplains, shall have the right to deal with the (b) 88 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued competent authorities of the camp on all questions relat­ ing to their duties.

Such authorities shall afford them all necessary facilities or correspondence relating to these questions.
Although they shall be subject to the internal discipline of the camp in which they are retained such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties.

(c) During hostilities, the Parties to the conﬂict shall agree con­ cerning the possible relief of retained personnel and shall set­ tle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view.

V Religious, Intellectual and Physical Activities Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.

Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in ac­ cordance with their religious conscience.
They shall be allo­ cated among the various camps and labour detachments con­ taining prisoners of war belonging to the same forces, speaking the same language or practising the same religion.
They shall enjoy the necessary facilities, including the means of transport 89 Article 34 Article 35 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued provided for in Article 33, for visiting the prisoners of war out­ side their camp.
They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organisations.

Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71.
Prisoners of war who are ministers of religion, without having ofﬁciated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the mem­ bers of their community.

For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power.

They shall not be obliged to do any other work.


When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a min­ ister belonging to the prisoners’ or a similar denomination, or in his absence a qualiﬁed layman, if such a course is feasi­ ble from a confessional point of view, shall be appointed at the request of the prisoners concerned to ﬁll this ofﬁce.
This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of pris­ oners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith.

The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security.
While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of the in­ tellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures neces­ Article 36 Article 37 Article 38 90 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued sary to ensure the exercise thereof by providing them with ad­ equate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise including sports and games, and for being out of doors.

Suf­ ﬁcient open spaces shall be provided for this purpose in all camps.

Article 39 VI Discipline Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned ofﬁcer belonging to the regular armed forces of the Detaining Power.
Such ofﬁcer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application.

Prisoners of war, with the exception of ofﬁcers, must salute and show to all ofﬁcers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.
Ofﬁcer prisoners of war are bound to salute only ofﬁcers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.

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

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

91 Article 40 Article 41 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued Regulations, orders, notices and publications of every kind re­ lating to the conduct of prisoners of war shall be issued to them in a language which they understand.
Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative.

Every order and command addressed to prisoners of war in­ dividually must likewise be given in a language which they understand.

The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.
VII Rank of Prisoner of War Upon the outbreak of hostilities, the Parties to the conﬂict shall communicate to one another the titles and ranks of all the per­ sons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank.

Titles and ranks which are subsequently created shall form the subject of similar communications.
The detaining Power shall recognise promotions in rank which have been accorded to prisoners of war and which have been duly notiﬁed by the Power on which these prisoners depend.

Ofﬁcers and prisoners of equivalent rank shall be treated with the regard due to their rank and age.
In order to ensure service in ofﬁcers’ camps, other ranks of the same armed forces who, as far as possible, speak the same lan­ guage, shall be assigned in sufﬁcient numbers, account being taken of the rank of ofﬁcers and prisoners of equivalent status.

Such orderlies shall not be required to perform any other work.
Article 42 Article 43 Article 44 92 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 45 Article 46 Article 47 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued Supervision of the mess by the ofﬁcers themselves shall be facilitated in every way.

Prisoners of war other than ofﬁcers and prisoners of equivalent status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way.

VIII Transfer of Prisoners of War After Their Arrival in Camp The Detaining Power, when deciding upon the transfer of pris­ oners of war, shall take into account the interests of the prison­ ers themselves, more especially so as not to increase the difﬁ­ culty of their repatriation.
The transfer of prisoners of war shall always be effected hu­ manely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred.

Ac­ count shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufﬁcient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention.

The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a com­ plete list of all transferred prisoners before their departure.
Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, un­ less their safety imperatively demands it.
93 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 48 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section II—continued If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
In the event of transfer, prisoners of war shall be ofﬁcially ad­ vised of their departure and of their new postal address.

Such notiﬁcations shall be given in time for them to pack their lug­ gage and inform their next of kin.

They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them.
The weight of such baggage may be limited, if the con­ ditions of transfer so require, to what each prisoner can reason­ ably carry, which shall in no case be more than 25 kilograms per head.

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

The costs of transfers shall be borne by the Detaining Power.
Article 49 Section III—Labour of Prisoners of War The Detaining Power may utilise the labour of prisoners of war who are physically ﬁt, taking into account their age, sex, rank and physical aptitude, and with a view particularly to main­ taining them in a good state of physical and mental health.

Non­commissioned ofﬁcers who are prisoners of war shall only be required to do supervisory work.
Those not so re­ 94 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section III—continued quired may ask for other suitable work which shall, so far as possible, be found for them.

If ofﬁcers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.
Article 50 Besides work connected with camp administration, installa­ tion or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: (a) (b) Agriculture; Industries connected with the production or the extrac­ tion of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building oper­ ations which have no military character or purpose; Transport and handling of stores which are not military in character or purpose; Commercial business, and arts and crafts; Domestic service; Public utility services having no military character or purpose.
(c) (d) (e) (f) Article 51 Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in con­ formity with Article 78.

Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those en­ joyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which such prisoners are em­ ployed, the national legislation concerning the protection of 95 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section III—continued labour, and, more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power.

Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.

Conditions of labour shall in no case be rendered more arduous by disciplinary measures.
Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature.

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

The removal of mines or similar devices shall be considered as dangerous labour.
The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and em­ ployed on the same work.

Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour.

This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration.
They shall be allowed in add­ ition a rest of 24 consecutive hours every week, preferably on Sunday or the day of rest in their country of origin.

Further­ more, every prisoner who has worked for one year shall be granted a rest of 8 consecutive days, during which his work­ ing pay shall be paid him.
Article 52 Article 53 96 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 54 Article 55 Article 56 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section III—continued If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby.
The working pay due to prisoners of war shall be ﬁxed in ac­ cordance with the provisions of Article 62 of the present Con­ vention.

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

The ﬁtness of prisoners of war for work shall be periodically veriﬁed by medical examinations, at least once a month.

The examinations shall have particular regard to the nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of work­ ing, he shall be permitted to appear before the medical author­ ities of his camp.

Physicians or surgeons may recommend that the prisoners who are, in their opinion, unﬁt for work, be ex­ empted therefrom.

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

Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp.
The military authorities and the commander of the said camp shall be re­ sponsible, under the direction of their Government, for the ob­ 97 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 57 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section III—continued servance of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up­to­date record of the labour detachments dependent on his camp, and shall com­ municate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agen­ cies giving relief to prisoners of war, who may visit the camp.
The treatment of prisoners of war who work for private per­ sons, even if the latter are responsible for guarding and pro­ tecting them, shall not be inferior to that which is provided for by the present Convention.

The Detaining Power, the military authorities and the commander of the camp to which such pris­ oners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such pris­ oners of war.
Such prisoners of war shall have the right to remain in com­ munication with the prisoners’ representatives in the camps on which they depend.

Article 58 Section IV—Financial Resources of Prisoners of War Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession.
Any amount in excess, which was properly in their posses­ sion and which has been taken or withheld from them, shall be placed to their account, together with any money deposited by them, and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to purchase services or com­ modities outside the camp against payment in cash, such pay­ 98 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued ments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned.
The Detaining Power will establish the necessary rules in this respect.

Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.

Article 59 Article 60 The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be ﬁxed by con­ version, into the currency of the said Power, of the following amount: • Category I: Prisoners ranking below sergeants: 8 Swiss francs.
Category II: Sergeants and other non­commissioned of­ ﬁcers, or prisoners of equivalent rank: 12 Swiss francs.

Category III: Warrant ofﬁcers and commissioned ofﬁ­ cers below the rank of major or prisoners of equivalent rank: 50 Swiss francs.

Category IV: Majors, lieutenant­colonels, colonels or prisoners of equivalent rank: 60 Swiss francs.

Category V: General ofﬁcers or prisoners of war of equivalent rank: 75 Swiss francs.
• • • • However, the Parties to the conﬂict concerned may by special agreement modify the amount of advances of pay due to pris­ oners of the preceding categories.
99 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued Furthermore, if the amounts indicated in the ﬁrst paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, ser­ iously embarrass the Detaining Power, then, pending the con­ clusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the De­ taining Power: (a) Shall continue to credit the accounts of the prisoners with the amounts indicated in the ﬁrst paragraph above; (b) May temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Cat­ egory I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.
The reasons for any limitation will be given without delay to the Protecting Power.
The Detaining Power shall accept for distribution as supple­ mentary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condi­ tion that the sums to be paid shall be the same for each pris­ oner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accord­ ance with the provisions of Article 64.
Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.

Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct.

The rate shall be ﬁxed by the said authorities, but shall at no time be less than one­fourth of one Swiss franc for a full working day.
The Detaining Power shall inform prisoners of war, as well as the Power on which they Article 61 Article 62 100 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 63 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has ﬁxed.
Working pay shall likewise be paid by the detaining author­ ities to prisoners of war permanently detailed to duties or to a skilled or semi­skilled occupation in connection with the ad­ ministration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical du­ ties on behalf of their comrades.

The working pay of the prisoners’ representative, of his advis­ ers, if any, and of his assistants, shall be paid out of the fund maintained by canteen proﬁts.
The scale of this working pay shall be ﬁxed by the prisoners’ representative and approved by the camp commander.

If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay.

Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit bal­ ance of his account as provided for in the following Article, within the limits ﬁxed by the Detaining Power, which shall make such payments as are requested.

Subject to ﬁnancial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad.

In this case payments addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own the Detaining Power shall send to the country, as follows: aforesaid Power through the Protecting Power, a notiﬁcation giving all the necessary particulars concerning the prisoners of war, the beneﬁciaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s cur­ rency.
The said notiﬁcation shall be signed by the prisoners and countersigned by the camp commander.

The Detaining 101 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued Power shall debit the prisoners’ account by a corresponding amount; the sum thus debited shall be placed by it to the credit of the power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the pre­ sent Convention.
Article 64 The Detaining Power shall hold an account for each pris­ (1) (2) oner of war, showing at least the following: The amounts due to the prisoner or received by him as ad­ vances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power.
The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his re­ quest; the sums transferred under Article 63, third paragraph.

Article 65 Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ repre­ sentative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable fa­ cilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp.

When prisoners of war are transferred from one camp to an­ other, their personal accounts will follow them.
In case of transfer from one Detaining Power to another, the moneys which are their property and are not in the currency of the Detaining Power will follow them.

They shall be given cer­ tiﬁcates for any other moneys standing to the credit of their accounts.
102 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 66 Article 67 Article 68 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued The Parties to the conﬂict concerned may agree to notify to each other at speciﬁc intervals through the Protecting Power, the amount of the accounts of the prisoners of war.
On the termination of captivity, through the release of a pris­ oner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorised ofﬁcer of that Power, showing the credit balance then due to him.
The Detaining Power shall also send through the Protecting Power to the gov­ ernment upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captiv­ ity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances.

Such lists shall be certiﬁed on each sheet by an au­ thorised representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement between any 2 Parties to the conﬂict.

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

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

Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Pro­ tecting Power.
In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned 103 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section IV—continued with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it.
This statement will be signed by a responsible ofﬁcer of the Detaining Power and the med­ ical particulars certiﬁed by a medical ofﬁcer.

Any claim by a prisoner of war for compensation in respect of personal effects, moneys, or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends.
Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power.

The Detaining Power will, in all cases, pro­ vide the prisoner of war with a statement, signed by a respon­ sible ofﬁcer, showing all available information regarding the reasons why such effects, moneys or valuables have not been restored to him.
A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123.

Section V—Relations of Prisoners of War with the Exterior Article 69 Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section.
They shall likewise inform the parties concerned of any subsequent modiﬁcations of such measures.
Immediately upon capture, or not more than one week after ar­ rival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every pris­ Article 70 104 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 71 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section V—continued oner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health.
The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner.

Prisoners of war shall be allowed to send and receive letters and cards.

If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than 2 letters, and 4 cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models an­ nexed to the present Convention.
Further limitations may be imposed only if the Protecting Power is satisﬁed that it would be in the interests of the prisoners of war concerned to do so owing to difﬁculties of translation caused by the Detaining Power’s inability to ﬁnd sufﬁcient qualiﬁed linguists to carry out the necessary censorship.

If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power.
Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal.

They shall likewise beneﬁt by this measure in cases of urgency.
105 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section V—continued As a general rule, the correspondence of prisoners of war shall be written in their native language.

The Parties to the conﬂict may allow correspondence in other languages.
Sacks containing prisoners of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to ofﬁces of destination.
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments con­ taining, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational charac­ ter which may meet their needs, including books, devotional articles, scientiﬁc equipment, examination papers, musical in­ struments, sports outﬁts and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Con­ vention.

The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organisation giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and col­ lective relief shall, if necessary, be the subject of special agree­ ments between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies.

Books may not be included in parcels of clothing and foodstuffs.

Medical supplies shall, as a rule, be sent in collective parcels.
In the absence of special agreements between the Powers con­ cerned on the conditions for the receipt and distribution of col­ lective relief shipments, the rules and regulations concerning Article 72 Article 73 106 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 74 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section V—continued collective shipments, which are annexed to the present Con­ vention, shall be applied.
The special agreements referred to above shall in no case re­ strict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the inter­ est of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organisation giving assistance to pris­ oners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.

All relief shipments for prisoners of war shall be exempt from import, Customs and other dues.
Correspondence, relief shipments and authorised remittances of money addressed to prisoners of war or dispatched by them through the post ofﬁce, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and des­ tination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post ofﬁce by reason of weight or for any other cause, the cost of transportation shall be borne by the Detain­ ing Power in all the territories under its control.

The other Powers party to the Convention shall bear the cost of transport in their respective territories.
In the absence of special agreements between the Parties con­ cerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.
107 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section V—continued The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them.
Article 75 Should military operations prevent the Powers concerned from fulﬁlling their obligation to assure the transport of the ship­ ments referred to in Articles 70, 71, 72 and 77, the Protect­ ing Powers concerned, the International Committee of the Red Cross or any other organisation duly approved by the Parties to the conﬂict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels, or aircraft, etc).
For this purpose, the High Contract­ ing Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the neces­ sary safe­conducts.
Such transport may also be used to convey: (a) Correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122; Correspondence and reports relating to prisoners of war which the Protecting Powers, the International Commit­ tee of the Red Cross or any other body assisting the pris­ oners, exchange either with their own delegates or with the Parties to the conﬂict.
(b) These provisions in no way detract from the right of any Party to the conﬂict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe­conducts, under mutually agreed conditions, to such means of transport.

In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportion­ ally by the Parties to the conﬂict whose nationals are beneﬁted thereby.
108 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section V—continued Article 76 Article 77 The censoring of correspondence addressed to prisoners of war or dispatched by them shall be done as quickly as possible.

Mail shall be censored only by the dispatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow prisoner duly delegated by him.

The delivery to prisoners of individual or collective consign­ ments shall not be delayed under the pretext of difﬁculties of censorship.
Any prohibition of correspondence ordered by parties to the conﬂict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.

The Detaining Power shall provide all facilities for the trans­ mission, through the Protecting Power or the Central Pris­ oners of War Agency provided for in Article 123, of instru­ ments, papers or documents intended for prisoners of war or dispatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signa­ tures.
109 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 78 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—Relations Between Prisoners of War and the Authorities I Complaints of Prisoners of War Respecting the Conditions of Captivity Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests re­ garding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the rep­ resentatives of the Protecting Powers either through their pris­ oners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captiv­ ity.

These requests and complaints shall not be limited nor con­ sidered to be a part of the correspondence quota referred to in Article 71.

They must be transmitted immediately.


Even if they are recognised to be unfounded, they may not give rise to any punishment.

Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
II Prisoners of War Representatives Article 79 In all places where there are prisoners of war, except in those where there are ofﬁcers, the prisoners shall freely elect by se­ cret ballot, every 6 months, and also in case of vacancies, pris­ oners’ representatives entrusted with representing them be­ fore the military authorities, the Protecting Powers, the Inter­ national Committee of the Red Cross and any other organisa­ tion which may assist them.
These prisoners’ representatives shall be eligible for re­election.

110 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued In camps for ofﬁcers and persons of equivalent status or in mixed camps, the senior ofﬁcer among the prisoners of war shall be recognised as the camp prisoners’ representative.
In camps for ofﬁcers, he shall be assisted by one or more advisers chosen by the ofﬁcers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not ofﬁcers and shall be elected by them.

Ofﬁcer prisoners of war of the same nationality shall be sta­ tioned in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible.
These ofﬁcers may be elected as prisoners’ representatives under the ﬁrst paragraph of this Article.

In such a case the assistants to the prisoners’ repre­ sentatives shall be chosen from among those prisoners of war who are not ofﬁcers.

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

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

Prisoners’ representatives shall further the physical, spiritual and intellectual wellbeing of prisoners of war.
In particular, where the prisoners decide to organise amongst themselves a system of mutual assistance, this organisation will be within the province of the prisoners’ representative, 111 Article 80 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued in addition to the special duties entrusted to him by other pro­ visions of the present Convention.
Prisoners’ representatives shall not be held responsible, sim­ ply by reason of their duties, for any offences committed by prisoners of war.

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

Prisoners’ representatives may appoint from amongst the pris­ oners such assistants as they may require.
All material facil­ ities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc).

Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representa­ tive.
All facilities shall likewise be accorded to the prisoners’ rep­ resentatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of war.

Prisoners’ representatives of labour de­ tachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp.
Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71.

Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current af­ fairs.

In case of dismissal, the reasons therefor shall be communi­ cated to the Protecting Power.
Article 81 112 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 82 Article 83 Article 84 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued III Penal and Disciplinary Sanctions I General Provisions A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justiﬁed in taking judicial or dis­ ciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders.
How­ ever, no proceedings or punishment contrary to the provisions of this Chapter shall be allowed.

If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.
In deciding whether proceedings in respect of an offence al­ leged to have been committed by a prisoner of war shall be ju­ dicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt wherever possible disciplinary rather than judicial measures.
A prisoner of war shall be tried only by a military Court, unless the existing laws of the Detaining Power expressly permit the civil Courts to try a member of the armed forces of the Detain­ ing Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a Court of any kind which does not offer the essential guar­ antees of independence and impartiality as generally recog­ nised, and, in particular, the procedure of which does not af­ ford the accused the rights and means of defence provided for in Article 105.
113 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the beneﬁts of the present Convention.

No prisoner of war may be punished more than once for the same act or on the same charge.
Prisoners of war may not be sentenced by the military author­ ities and Courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
When ﬁxing the penalty, the Courts or authorities of the De­ taining Power shall take into consideration, to the widest ex­ tent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of alle­ giance, and that he is in its power as the result of circumstances independent of his own will.
The said Courts or authorities shall be at liberty to reduce the penalty provided for the viola­ tion of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.

Collective punishment for individual acts, corporal punish­ ment, imprisonment in premises without daylight and, in gen­ eral, any form of torture or cruelty, are forbidden.

No prisoner of war may be deprived of his rank by the Detain­ ing Power, or prevented from wearing his badges.
Ofﬁcers, non­commissioned ofﬁcers and men who are prison­ ers of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that ap­ plied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
Article 85 Article 86 Article 87 Article 88 114 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing pun­ ishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sen­ tenced to a punishment more severe, or treated whilst under­ going punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.

Prisoners of war who have served disciplinary or judicial sen­ tences may not be treated differently from other prisoners of war.
II Disciplinary Sanctions Article 89 The disciplinary punishments applicable to prisoners of war are the following: (1) A ﬁne which shall not exceed 50 percent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than 30 days; (2) Discontinuance of privileges granted over and above the treat­ (3) (4) ment provided for by the present Convention; Fatigue duties not exceeding 2 hours daily; Conﬁnement.
The punishment referred to under (3) shall not be applied to ofﬁcers.

In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.

Article 90 The duration of any single punishment shall in no case exceed 30 days.
Any period of conﬁnement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment 115 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued shall be deducted from an award pronounced against a prisoner of war.
The maximum of 30 days provided above may not be ex­ ceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.

The period between the pronouncing of an award of disciplin­ ary punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary pun­ ishment, a period of at least 3 days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
Article 91 The escape of a prisoner of war shall be deemed to have succeeded when: (1) He has joined the armed forces of the Power on which he de­ pends, or those of an allied Power; (2) He has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) He has joined a ship ﬂying the ﬂag of the Power on which he depends, or of an allied Power in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power.
Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape.

Article 92 116 A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over with­ out delay to the competent military authority.

Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance.
Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the pris­ oner of war is subjected to trial by judicial proceedings in re­ spect of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of fa­ cilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self­enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.

If an escaped prisoner of war is recaptured, the Power on which he depends shall be notiﬁed thereof in the manner deﬁned in Article 122, provided notiﬁcation of his escape has been made.
A prisoner of war accused of an offence against discipline shall not be kept in conﬁnement pending the hearing unless a mem­ ber of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
117 Article 93 Article 94 Article 95 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued Any period spent by a prisoner of war in conﬁnement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed 14 days.
The provisions of Articles 97 and 98 of this Chapter shall ap­ ply to prisoners of war who are in conﬁnement awaiting the disposal of offences against discipline.

Acts which constitute offences against discipline shall be in­ vestigated immediately.
Without prejudice to the competence of Courts and superior military authorities, disciplinary punishment may be ordered only by an ofﬁcer having disciplinary powers in his capacity as camp commander, or by a responsible ofﬁcer who replaces him or to whom he has delegated his disciplinary powers.

In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his con­ duct and of defending himself.

He shall be permitted, in par­ ticular, to call witnesses and to have recourse, if necessary, to the services of a qualiﬁed interpreter.

The decision shall be an­ nounced to the accused prisoner of war and to the prisoners’ representative.
A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by rep­ resentatives of the Protecting Power.

Prisoners of war shall not in any case be transferred to peniten­ tiary establishments (prisons, penitentiaries, convict prisons, etc) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article Article 96 Article 97 118 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 98 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued 25.

A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29.
Ofﬁcers and persons of equivalent status shall not be lodged in the same quarters as non­commissioned ofﬁcers or men.

Women prisoners of war undergoing disciplinary punishment shall be conﬁned in separate quarters from male prisoners of war and shall be under the immediate supervision of women.
A prisoner of war undergoing conﬁnement as a disciplinary punishment, shall continue to enjoy the beneﬁts of the provi­ sions of this Convention except in so far as these are necessar­ ily rendered inapplicable by the mere fact that he is conﬁned.

In no case may he be deprived of the beneﬁts of the provisions of Articles 78 and 126.

A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be al­ lowed to exercise and to stay in the open air at least 2 hours daily.

They shall be allowed, on their request, to be present at the daily medical inspections.

They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp inﬁrmary or to a hospital.

They shall have permission to read and write, likewise to send and receive letters.
Parcels and remittances of money, how­ ever, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prison­ ers’ representative, who will hand over to the inﬁrmary the perishable goods contained in such parcels.
119 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued III Judicial Proceedings No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by inter­ national law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.

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

Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the Court has, in accordance with Art­ icle 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.
If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least 6 months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107.
Article 99 Article 100 Article 101 120 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued Article 102 Article 103 A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same Courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible.

A prisoner of war shall not be conﬁned while awaiting trial unless a member of the armed forces of the Detaining Power would be so conﬁned if he were accused of a similar offence, or if it is essential to do so in the interests of national security.

In no circumstances shall this conﬁnement exceed 3 months.
Any period spent by a prisoner of war in conﬁnement await­ ing trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in ﬁxing any penalty.

The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in conﬁnement awaiting trial.
Article 104 In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least 3 weeks before the opening of the trial.

This period of 3 weeks shall run as from the day on which such notiﬁcation reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.
Surname and ﬁrst names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; Place of internment or conﬁnement; The said notiﬁcation shall contain the following information: (1) (2) 121 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued (3) Speciﬁcation of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the Court which will try the case, likewise the date and place ﬁxed for the opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners’ representative.

If no evidence is submitted, at the opening of a trial, that the notiﬁcation referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ represen­ tative concerned, at least 3 weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
Article 105 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualiﬁed advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter.

He shall be advised of these rights by the Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall ﬁnd him an advocate or counsel, and shall have at least one week at its disposal for the purpose.

The Detaining Power shall deliver to the said Power, on request, a list of persons qualiﬁed to present the defence.

Failing a choice of an advo­ cate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of 2 weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused.

He may, in particular, freely visit the accused and interview him in private.

He may also confer with any witnesses for the de­ fence, including prisoners of war.

He shall have the beneﬁt of these facilities until the term of appeal or petition has expired.
122 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial.
The same communication in the same circumstances shall be made to the advocate or counsel conducting the de­ fence on behalf of the prisoner of war.

The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security.

In such a case the De­ taining Power shall advise the Protecting Power accordingly.
Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial.

He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
Article 106 Article 107 Any judgment and sentence pronounced upon a pris­ oner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial.

This communication shall likewise be sent to the prisoners’ representative concerned.
It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence.
The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right Protecting Power a detailed communication containing: Furthermore, if a prisoner of war is ﬁnally convicted or if a sentence tence, the Detaining Power shall as soon as possible address to the pronounced on a prisoner of war in the ﬁrst instance is a death sen­ of appeal.
123 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued III—continued Section VI—continued The precise wording of the ﬁnding and sentence; (1) (2) A summarised report of any preliminary investigation and of the trial, emphasising in particular the elements of the pros­ ecution and the defence; (3) Notiﬁcation, where applicable, of the establishment where the sentence will be served.
The communications provided for in the foregoing subpara­ graphs shall be sent to the Protecting Power at the address pre­ viously made known to the Detaining Power.

Article 108 Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same es­ tablishments and under the same conditions as in the case of members of the armed forces of the Detaining Power.

These conditions shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be conﬁned in separate quarters and shall be under the supervision of women.

In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the beneﬁt of the provisions of Articles 78 and 126 of the present Convention.
Furthermore, they shall be entitled to receive and dispatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may de­ sire.

Penalties to which they may be subjected shall be in ac­ cordance with the provisions of Article 87, third paragraph.
124 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV Termination of Captivity Section I—Direct Repatriation and Accommodation in Neutral Countries Article 109 Subject to the provisions of the third paragraph of this Art­ icle, Parties to the conﬂict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are ﬁt to travel, in accordance with the ﬁrst para­ graph of the following Article.
Throughout the duration of hostilities, Parties to the conﬂict shall endeavour, with the co­operation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article.

They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able­ bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatri­ ation under the ﬁrst paragraph of this Article, may be repatri­ ated against his will during hostilities.

The following shall be repatriated direct: (1) Incurably wounded and sick whose mental or physical ﬁtness seems to have been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose con­ dition requires treatment and whose mental or physical ﬁtness seems to have been gravely diminished.

(3) Wounded and sick who have recovered, but whose men­ tal or physical ﬁtness seems to have been gravely and permanently diminished.
The following may be accommodated in a neutral country: 125 Article 110 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section I—continued (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the be­ ginning of the illness, if treatment in a neutral coun­ try might increase the prospects of a more certain and speedy recovery.
Prisoners of war whose mental or physical health, ac­ cording to medical opinion, is seriously threatened by continued captivity but whose accommodation in a neu­ tral country might remove such a threat.

(2) The conditions which prisoners of war accommodated in a neutral country must fulﬁl in order to permit their repatriation shall be ﬁxed, as shall likewise their status, by agreement be­ tween the Powers concerned.
In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: (1) Those whose state of health has deteriorated so as to fulﬁl the conditions laid down for direct repatriation; Those whose mental or physical powers remain, even after treatment, considerably impaired.
(2) If no special agreements are concluded between the Parties to the conﬂict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations con­ cerning Mixed Medical Commissions annexed to the present Convention.
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these 2 Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neu­ tral Power until the close of hostilities.
Article 111 126 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section I—continued Article 112 Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them.
The appointment, duties and functions of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.

However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission.
Article 113 Besides those who are designated by the medical author­ ities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to pre­ sent themselves for examination by the Mixed Medical Com­ missions provided for in the foregoing Article: (1) Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conﬂict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp; (2) Wounded and sick proposed by their prisoners’ representative; (3) Wounded and sick proposed by the Power on which they de­ pend, or by an organisation duly recognised by the said Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three forego­ ing categories may nevertheless present themselves for exam­ ination by Mixed Medical Commissions, but shall be exam­ ined only after those belonging to the said categories.

The physician or surgeon of the same nationality as the pris­ oners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination.
127 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section I—continued Article 114 Article 115 Article 116 Article 117 Prisoners of war who meet with accidents shall, unless the injury is self­inﬂicted, have the beneﬁt of the provisions of this Convention as regards repatriation or accommodation in a neutral country.
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for ac­ commodation in a neutral country, may be kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial pros­ ecution or conviction and who are designated for repatriation or accommodation in a neutral country, may beneﬁt by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.

Parties to the conﬂict shall communicate to each other the names of those who will be detained until the end of the pro­ ceedings or the completion of the punishment.
The costs of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.

No repatriated person may be employed on active military ser­ vice.

Section II—Release and Repatriation of Prisoners of War at the Close of Hostilities Article 118 Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
128 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section II—continued In the absence of stipulations to the above effect in any agree­ ment concluded between the Parties to the conﬂict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and exe­ cute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend.

This apportionment shall be carried out on the following basis: (a) If the 2 Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatri­ ation from the frontiers of the Detaining Power.
If the 2 Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of em­ barkation nearest to the territory of the Power on which the prisoners of war depend.

The Parties concerned shall agree between themselves as to the equitable ap­ portionment of the remaining costs of the repatriation.
The conclusion of this agreement shall in no circum­ stances justify any delay in the repatriation of the pris­ oners of war.

(b) Article 119 Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provi­ sions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prison­ ers of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them.
Articles of value and foreign 129 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section II—continued currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be dispatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their per­ sonal effects, and any correspondence and parcels which have arrived for them.

The weight of such baggage may be limited, if the conditions of repatriation so require, to what each pris­ oner can reasonably carry.

Each prisoner shall in all cases be authorised to carry at least twenty­ﬁve kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment.

The same shall apply to prisoners of war already convicted for an indictable offence.

Parties to the conﬂict shall communicate to each other the names of any prisoners of war who are detained until the end of proceedings or until punishment has been completed.
By agreement between the Parties to the conﬂict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.

Article 120 Section III—Death of Prisoners of War Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect.
At the request of the 130 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section III—continued prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certiﬁed copy shall be sent to the Central Agency.
Death certiﬁcates, in the form annexed to the present Conven­ tion, or lists certiﬁed by a responsible ofﬁcer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122.
The death certiﬁcates or cer­ tiﬁed lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.

The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to conﬁrm­ ing death and enabling a report to be made and, where neces­ sary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity, are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time.

Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves.

Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect.

In case of cremation, the fact shall be stated and the reasons given in the death certiﬁcate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power.
Lists of graves and particulars of the prisoners of war interred in cemeteries 131 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 121 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued IV—continued Section III—continued and elsewhere shall be transmitted to the Power on which such prisoners of war depended.
Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention.

These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an ofﬁcial inquiry by the Detaining Power.

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

If the inquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
V Information Bureaux and Relief Societies for Prisoners of War Article 122 Upon the outbreak of a conﬂict and in all cases of occupa­ tion, each of the Parties to the conﬂict shall institute an of­ ﬁcial Information Bureau for prisoners of war who are in its power.

Neutral or non­belligerent Powers who may have re­ ceived within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons.
The Power concerned shall en­ 132 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued V—continued sure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to en­ sure its efﬁcient working.
It shall be at liberty to employ pris­ oners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war.

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

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

This information shall make it possible quickly to advise the next of kin concerned.
Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, ﬁrst names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, ﬁrst name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various depart­ ments concerned information regarding transfers, releases, re­ patriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.
133 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued V—continued Likewise, information regarding the state of health of prison­ ers of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all inquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any inquiries necessary to obtain the information which is asked for if this is not in its possession.

All written communications made by the Bureau shall be au­ thenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in curren­ cies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned.
Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the art­ icles belonged, and by a complete list of the contents of the parcel.

Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conﬂict concerned.

A Central Prisoner of War Information Agency shall be cre­ ated in a neutral country.
The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organisation of such an Agency.

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

Article 123 134 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 124 Article 125 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued V—continued The High Contracting Parties, and in particular those whose nationals beneﬁt by the services of the Central Agency, are requested to give the said Agency the ﬁnancial aid it may re­ quire.
The foregoing provisions shall in no way be interpreted as re­ stricting the humanitarian activities of the International Com­ mittee of the Red Cross, or of the relief societies provided for in Article 125.

The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the ex­ emptions provided for in Article 74, and further, so far as pos­ sible, exemption from telegraphic charges or, at least, greatly reduced rates.
Subject to the measures which the Detaining Powers may con­ sider essential to ensure their security or to meet any other rea­ sonable need the representatives of religious organisations, re­ lief societies, or any other organisations assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visit­ ing the prisoners, for distributing relief supplies and mater­ ial, from any source, intended for religious, educational or recreative purposes, and for assisting them in organising their leisure time within the camps.
Such societies or organisations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character.

The Detaining Power may limit the number of societies and organisations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condi­ tion, however, that such limitation shall not hinder the effect­ ive operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this ﬁeld shall be recognised and respected at all times.
135 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued V—continued As soon as relief supplies or material intended for the above­ mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the re­ lief society or organisation making the shipment.
At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prison­ ers.
VI Execution of the Convention Section I—General Provisions Article 126 Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by pris­ oners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred.
They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter.

Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit.

The duration and frequency of these visits shall not be restricted.

Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and tempo­ rary measure.
The Detaining Power and the Power on which the said prison­ ers of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives.

The appointment of such delegates shall be submitted to the approval of the Power de­ taining the prisoners of war to be visited.
136 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 127 Article 128 Article 129 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued VI—continued Section I—continued The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Conven­ tion as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the princi­ ples thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.

The High Contracting Parties shall communicate to one an­ other through the Swiss Federal Council and, during hostil­ ities, through the Protecting Powers, the ofﬁcial translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
The High Contracting Parties undertake to enact any legisla­ tion necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention deﬁned in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own Courts.
It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the 137 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued VI—continued Section I—continued present Convention other than the grave breaches deﬁned in the following Article.
In all circumstances, the accused persons shall beneﬁt by safe­ guards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those fol­ lowing of the present Convention.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wil­ ful killing, torture or inhuman treatment, including biological experiments, wilfully causing of great suffering or serious in­ jury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a pris­ oner of war of the rights of fair and regular trial prescribed in this Convention.
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

At the request of a Party to the conﬂict, an inquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the inquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the con­ ﬂict shall put an end to it and shall repress it with the least pos­ sible delay.
Article 130 Article 131 Article 132 138 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued VI—continued Article 133 Section II—Final Provisions Article 134 Article 135 Article 136 Article 137 The present Convention is established in English and in French.

Both texts are equally authentic.


The Swiss Federal Council shall arrange for ofﬁcial transla­ tions of the Convention to be made in the Russian and Spanish languages.

The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties.
In the relations between the Powers which are bound by the Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above­mentioned Conventions of the Hague.
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929.

The present Convention shall be ratiﬁed as soon as possible and the ratiﬁcations shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratiﬁcation and certiﬁed copies of this record shall be trans­ mitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.
139 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued VI—continued Section II—continued The present Convention shall come into force 6 months after not less than 2 instruments of ratiﬁcation have been deposited.

Thereafter, it shall come into force for each High Contracting Party 6 months after the deposit of the instrument of ratiﬁca­ tion.
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

Accessions shall be notiﬁed in writing to the Swiss Federal Council, and shall take effect 6 months after the date on which they are received.

The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.
The situations provided for in Articles 2 and 3 shall give im­ mediate effect to ratiﬁcations deposited and accessions noti­ ﬁed by the Parties to the conﬂict before or after the beginning of hostilities or occupation.

The Swiss Federal Council shall communicate by the quickest method any ratiﬁcations or ac­ cessions received from Parties to the conﬂict.

Each of the High Contracting Parties shall be at liberty to de­ nounce the present Convention.
The denunciation shall be notiﬁed in writing to the Swiss Fed­ eral Council, which shall transmit it to the Governments of all the High Contracting Parties.

The denunciation shall take effect one year after the notiﬁ­ cation thereof has been made to the Swiss Federal Council.
However, a denunciation of which notiﬁcation has been made Article 138 Article 139 Article 140 Article 141 Article 142 140 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949—continued VI—continued Section II—continued at a time when the denouncing Power is involved in a con­ ﬂict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the de­ It shall in no way impair the obligations nouncing Power.

which the Parties to the conﬂict shall remain bound to fulﬁl by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.

Article 143 The Swiss Federal Council shall register the present Conven­ tion with the Secretariat of the United Nations.
The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratiﬁcations, accessions and denunciations re­ ceived by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respect­ ive full powers, have signed the present Convention.

Done at Geneva this 12th day of August 1949, in the English and French languages.

The original shall be deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certiﬁed copies thereof to each of the signatory and acceding States.
[Here follow the signatures and Annexes] 141 Schedule 4 Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Schedule 4 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 Preamble The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention for the Pro­ tection of Civilian Persons in Time of War, have agreed as follows: Article 1 Article 2 I General Provisions The High Contracting Parties undertake to respect and to en­ sure respect for the present Convention in all circumstances.
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conﬂict which may arise between 2 or more of the High Contracting Parties, even if the state of war is not recognised by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conﬂict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations.

They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3 In the case of armed conﬂict not of an international char­ acter occurring in the territory of one of the High Contracting Parties, each Party to the conﬂict shall be bound to apply, as a minimum, the following provisions: 142 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued (1) (2) Article 4 Persons taking no active part in the hostilities, including mem­ bers of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, reli­ gion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above­mentioned persons: (a) Violence to life and person, in particular, murder of all kinds, mutilation, cruel treatment and torture; Taking of hostages; Outrages upon personal dignity, in particular, humiliat­ ing and degrading treatment; The passing of sentences and the carrying out of execu­ tions without previous judgment pronounced by a regu­ larly constituted Court, affording all the judicial guaran­ tees which are recognised as indispensable by civilised peoples.
(b) (c) (d) The wounded and sick shall be collected and cared for.

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

The Parties to the conﬂict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conﬂict.
Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, ﬁnd themselves, in case of a conﬂict or occupation, in the hands of a Party to the conﬂict or Occupying Power of which they are not nationals.
143 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued Nationals of a State which is not bound by the Convention are not protected by it.
Nationals of a neutral State who ﬁnd themselves in the territory of a belligerent State, and nationals of a co­belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.

The provisions of Part II are, however, wider in application, as deﬁned in Article 13.
Persons protected by the Geneva Convention for the Amelio­ ration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Con­ vention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.
Where, in the territory of a Party to the conﬂict, the latter is satisﬁed that an individual protected person is deﬁnitely sus­ pected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be preju­ dicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under deﬁnite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute mili­ tary security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such person shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.
Article 5 144 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 6 Article 7 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
The present Convention shall apply from the outset of any con­ ﬂict or occupation mentioned in Article 2.

In the territory of Parties to the conﬂict, the application of the present Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the pre­ sent Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such ter­ ritory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re­establish­ ment may take place after such dates shall meanwhile continue to beneﬁt by the present Convention.

In addition to the agreements expressly provided for in Art­ icles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision.
No special agreement shall ad­ versely affect the situation of protected persons, as deﬁned by the present Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the beneﬁt of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more 145 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued favourable measures have been taken with regard to them by one or other of the Parties to the conﬂict.
Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Conven­ tion, and by the special agreements referred to in the foregoing Article, if such there be.

The present Convention shall be applied with the co­operation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the parties to the conﬂict.
For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers.

The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conﬂict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Pro­ tecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Conven­ tion.

They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.
The provisions of the present Convention constitute no obsta­ cle to the humanitarian activities which the International Com­ mittee of the Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to the conﬂict concerned, undertake for the protection of civilian per­ sons and for their relief.
Article 8 Article 9 Article 10 146 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued Article 11 The High Contracting Parties may at any time agree to entrust to an organisation which offers all guarantees of impartiality and efﬁcacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not beneﬁt or cease to beneﬁt, no matter for what reason, by the activities of a Protecting Power or of an organisation provided for in the ﬁrst paragraph above, the Detaining Power shall re­ quest a neutral State, or such an organisation, to undertake the functions performed under the present Convention by a Pro­ tecting Power designated by the Parties to a conﬂict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organ­ isation, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organisation invited by the Power concerned or offering itself for these purposes, shall be re­ quired to act with a sense of responsibility towards the Party to the conﬂict on which persons protected by the present Con­ vention depend, and shall be required to furnish sufﬁcient as­ surances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particu­ larly where the whole or a substantial part, of the territory of the said Power is occupied.

Whenever in the present Convention mention is made of a Pro­ tecting Power, such mention applies to substitute organisations in the sense of the present Article.
147 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 12 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued I—continued The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied ter­ ritory or who ﬁnd themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation.
In cases where they deem it advisable in the interest of pro­ tected persons, particularly in cases of disagreement between the Parties to the conﬂict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good ofﬁces with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conﬂict a meeting of their representatives, and in particular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen.

The Par­ ties to the conﬂict shall be bound to give effect to the proposals made to them for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties to the conﬂict, a person belonging to a neutral Power or delegated by the Inter­ national Committee of the Red Cross, who shall be invited to take part in such a meeting.
II General Protection of Populations Against Certain Consequences of War Article 13 The provisions of Part II cover the whole of the populations of the countries in conﬂict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the suffering caused by war.
148 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued Article 14 Article 15 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organised as to pro­ tect from the effects of war, wounded, sick and aged persons, children under ﬁfteen, expectant mothers and mothers of chil­ dren under seven.
Upon the outbreak and during the course of hostilities, the Par­ ties concerned may conclude agreements on mutual recogni­ tion of the zones and localities they have created.

They may for this purpose implement the provisions of the Draft Agree­ ment annexed to the present Convention, with such amend­ ments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good ofﬁces in order to facilitate the institution and recognition of these hospital and safety zones and localities.
Any Party to the conﬂict may, either direct or through a neu­ tral State or some humanitarian organisation, propose to the adverse Party to establish, in the regions where ﬁghting is tak­ ing place, neutralised zones intended to shelter from the effects of war the following persons, without distinction: (a) Wounded and sick combatants or non­combatants; (b) Civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geograph­ ical position, administration, food supply and supervision of the proposed neutralised zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conﬂict.

The agreement shall ﬁx the beginning and the du­ ration of the neutralisation of the zone.
149 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued Article 16 Article 17 Article 18 150 The wounded and sick, as well as the inﬁrm, and expectant mothers shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the con­ ﬂict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons ex­ posed to grave danger, and to protect them against pillage and ill­treatment.
The Parties to the conﬂict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, inﬁrm, and aged persons, children and ma­ ternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.
Civilian hospitals organised to give care to the wounded and sick, the inﬁrm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conﬂict.
States which are Parties to a conﬂict shall provide all civilian hospitals with certiﬁcates showing that they are civilian hos­ pitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of pro­ tection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorised by the State.
The Parties to the conﬂict shall, in so far as military consider­ ations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the en­ Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 19 Article 20 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued emy land, air and naval forces in order to obviate the possibil­ ity of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.

The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitar­ ian duties, acts harmful to the enemy.
Protection may, how­ ever, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded.

The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy.
Persons regularly and solely engaged in the operation and ad­ ministration of civilian hospitals, including the personnel en­ gaged in the search for, removal and transporting of and caring for wounded and sick civilians, the inﬁrm and maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognisable by means of an iden­ tity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible au­ thority, and also by means of a stamped, water­resistant armlet which they shall wear on the left arm while carrying out their duties.
This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Conven­ tion for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the ﬁeld of August 12, 1949.
151 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued Other personnel who are engaged in the operation and admin­ istration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are em­ ployed on such duties.
The identity card shall state the duties on which they are employed.

The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up­to­date list of such personnel.
Convoys of vehicles or hospital trains on land or specially pro­ vided vessels on sea, conveying wounded and sick civilians, the inﬁrm and maternity cases shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the dis­ play of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Aircraft exclusively employed for the removal of wounded and sick civilians, the inﬁrm and maternity cases, or for the transport of medical personnel and equipment, shall not be at­ tacked, but shall be respected while ﬂying at heights, times and on routes speciﬁcally agreed upon between all the Parties to the conﬂict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

Unless agreed otherwise, ﬂights over enemy or enemy­occu­ pied territory are prohibited.
Article 21 Article 22 152 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued Such aircraft shall obey every summons to land.

In the event of a landing thus imposed, the aircraft with its occupants may continue its ﬂight after examination, if any.
Article 23 Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adver­ sary.

It shall likewise permit the free passage of all consign­ ments of essential foodstuffs, clothing and tonics intended for children under 15, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding para­ graph is subject to the condition that this Party is satisﬁed that there are no serious reasons for fearing: (a) That the consignments may be diverted from their des­ tination, That the control may not be effective, or That a deﬁnite advantage may accrue to the military ef­ forts or economy of the enemy through the substitution of the above­mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facil­ ities as would otherwise be required for the production of such goods.
(b) (c) The Power which allows the passage of the consignments indi­ cated in the ﬁrst paragraph of this Article may make such per­ mission conditional on the distribution to the persons beneﬁted thereby being made under the local supervision of the Protect­ ing Powers.

Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.
153 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued Article 24 Article 25 154 The Parties to the conﬂict shall take the necessary measures to ensure that children under 15, who are orphaned or are separ­ ated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circum­ stances.
Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.

The Parties to the conﬂict shall facilitate the reception of such children in a neutral country for the duration of the conﬂict with the consent of the Protecting power, if any, and under due safeguards for the observance of the principles stated in the ﬁrst paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identiﬁed by the wearing of identity discs, or by some other means.

All persons in the territory of a Party to the conﬂict, or in a ter­ ritory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them.

This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difﬁcult or impos­ sible to exchange family correspondence by the ordinary post, the Parties to the conﬂict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Art­ icle 140, and shall decide in consultation with it how to ensure the fulﬁlment of their obligations under the best possible con­ ditions, in particular with the co­operation of the national Red Cross (Red Crescent, Red Lion and Sun) societies.
If the Parties to the conﬂict deem it necessary to restrict fam­ ily correspondence, such restrictions shall be conﬁned to the compulsory use of standard forms containing 25 freely chosen Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 26 Article 27 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued II—continued words, and to the limitation of the number of these forms dis­ patched to one each month.
Each Party to the conﬂict shall facilitate inquiries made by members of families dispersed owing to the war, with the ob­ ject of renewing contact with one another and of meeting, if possible.

It shall encourage, in particular, the work of organ­ isations engaged on this task provided they are acceptable to it and conform to its security regulations.
III Status and Treatment of Protected Persons Section I—Provisions Common to the Territories of the Parties to the Conﬂict and to Occupied Territories Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their reli­ gious convictions and practices, and their manners and cus­ toms.
They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conﬂict in whose power they are, without any adverse distinction, based, in par­ ticular, on race, religion or political opinion.

However, the Parties to the conﬂict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
155 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section I—continued Article 28 Article 29 Article 30 Article 31 Article 32 156 The presence of a protected person may not be used to render certain points or areas immune from military operations.
The Party to the conﬂict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents irrespective of any individual responsibility which may be incurred.

Protected persons shall have every facility for making appli­ cation to the Protecting Powers, the International Committee of the Red Cross, the national Red Cross (Red Crescent, Red Lion and Sun) society of the country where they may be, as well as to any organisation that might assist them.
These several organisations shall be granted all facilities for that purpose by the authorities, within the bounds set by mili­ tary or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organisations whose object is to give spiritual aid or material relief to such persons.

No physical or moral coercion shall be exercised against pro­ tected persons, in particular to obtain information from them or from third parties.
The High Contracting Parties speciﬁcally agree that each of them is prohibited from taking any measure of such a charac­ ter as to cause the physical suffering or extermination of pro­ tected persons in their hands.
This prohibition applies not only Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 33 Article 34 Article 35 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section I—continued to murder, torture, corporal punishment, mutilation and med­ ical or scientiﬁc experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
No protected person may be punished for an offence he or she has not personally committed.

Collective penalties and like­ wise all measures of intimidation or of terrorism are prohib­ ited.

Pillage is prohibited.

Reprisals against protected persons and their property are pro­ hibited.

The taking of hostages is prohibited.


Section II—Aliens in the Territory of a Party to the Conﬂict All protected persons who may desire to leave the territory at the outset of, or during a conﬂict, shall be entitled to do so, un­ less their departure is contrary to the national interests of the State.

The applications of such persons to leave shall be de­ termined in accordance with regularly established procedures and the decision shall be taken as rapidly as possible.
Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reason­ able amount of their effects and articles of personal use.

If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate Court or administrative board designated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned 157 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section II—continued object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expedi­ tiously as possible, the names of all persons who have been denied permission to leave.
Departures permitted under the foregoing Article shall be car­ ried out in satisfactory conditions as regards safety, hygiene, sanitation and food.

All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination or, in the case of ac­ commodation in a neutral country, by the Power whose na­ tionals are beneﬁted.
The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.

The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conﬂict concern­ ing the exchange and repatriation of their nationals in enemy hands.

Protected persons who are conﬁned pending proceedings or serving a sentence involving loss of liberty, shall during their conﬁnement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.

Article 36 Article 37 Article 38 With the exception of special measures authorised by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace.
In any case, the following rights shall be granted to them: They shall be enabled to receive the individual or collective relief that may be sent to them; (1) 158 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section II—continued (2) (3) (4) (5) They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the na­ tionals of the State concerned; They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith; If they reside in an area particularly exposed to the dangers of war, they shall be authorised to move from that area to the same extent as the nationals of the State concerned; Children under 15 years, pregnant women and mothers of chil­ dren under 7 years shall beneﬁt by any preferential treatment to the same extent as the nationals of the State concerned.
Article 39 Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to ﬁnd paid employment.

That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conﬂict applies to a protected person methods of control which result in his being unable to sup­ port himself, and especially if such a person is prevented for reasons of security from ﬁnding paid employment on reason­ able conditions, the said Party shall ensure his support and that of his dependants.

Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30.
Protected persons may be compelled to work only to the same extent as nationals of the Party to the conﬂict in whose territory they are.
159 Article 40 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section II—continued If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to en­ sure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.
In the cases mentioned in the 2 preceding paragraphs, pro­ tected persons compelled to work shall have the beneﬁt of the same working conditions and of the same safeguards as na­ tional workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.

If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.
Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.

The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.
Article 41 Article 42 160 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section II—continued If any person, acting through the representatives of the Pro­ tecting Power, voluntarily demands internment, and if his situ­ ation renders this step necessary, he shall be interned by the Power in whose hands he may be.
Any protected person who has been interned or placed in as­ signed residence shall be entitled to have such action recon­ sidered as soon as possible by an appropriate Court or ad­ ministrative board designated by the Detaining Power for that purpose.
If the internment or placing in assigned residence is maintained, the Court or administrative board shall periodic­ ally, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence.

The decisions of the Courts or boards mentioned in the ﬁrst paragraph of the present Article shall also, subject to the same conditions, be notiﬁed as rapidly as possible to the Protecting Power.
In applying the measures of control mentioned in the pre­ sent Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any Government.

Protected persons shall not be transferred to a Power which is not a party to the Convention.
161 Article 43 Article 44 Article 45 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section II—continued This provision shall in no way constitute an obstacle to the re­ patriation of protected persons, or to their return to their coun­ try of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisﬁed itself of the willing­ ness and ability of such transferee Power to apply the present Convention.

If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important re­ spect, the Power by which the protected persons were trans­ ferred shall, upon being so notiﬁed by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons.

Such request must be com­ plied with.


In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.

The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.
In so far as they have not been previously withdrawn, restrict­ ive measures taken regarding protected persons shall be can­ celled as soon as possible after the close of hostilities.

Restrictive measures affecting their property shall be can­ celled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.
Article 46 162 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Article 47 Section III—Occupied Territories Article 48 Article 49 Protected persons who are in occupied territory shall not be de­ prived, in any case or in any manner whatsoever, of the bene­ ﬁts of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement con­ cluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and deci­ sions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.

Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the popu­ lation or imperative military reasons so demand.
Such evacu­ ations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement.

Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacua­ tions shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hy­ 163 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued giene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.

The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.

The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
The Occupying Power shall, with the co­operation of the na­ tional and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.

The Occupying Power shall take all necessary steps to facili­ tate the identiﬁcation of children and the registration of their parentage.

It may not, in any case, change their personal sta­ tus, nor enlist them in formations or organisations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the mainten­ ance and education, if possible by persons of their own na­ tionality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Art­ icle 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt.

Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been Article 50 164 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 51 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued adopted prior to the occupation in favour of children under 15 years, expectant mothers, and mothers of children under 7 years.
The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces.

No pressure or propa­ ganda which aims at securing voluntary enlistment is permit­ ted.
The Occupying Power may not compel protected persons to work unless they are over 18 years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feed­ ing, sheltering, clothing, transportation or health of the popu­ lation of the occupied country.

Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations.
The Oc­ cupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.

The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are.

Every such person shall, so far as possible, be kept in his usual place of employment.

Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellec­ tual capacities.
The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational acci­ dents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.

In no case shall requisition of labour lead to a mobilisation of workers in an organisation of a military or semi­military character.
165 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention.
All measures aiming at creating unemployment or at restrict­ ing the opportunities offered to workers in an occupied terri­ tory, in order to induce them to work for the Occupying Power, are prohibited.
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private per­ sons, or to the State, or to other public authorities, or to social or co­operative organisations, is prohibited, except where such destruction is rendered absolutely necessary by military oper­ ations.
The Occupying Power may not alter the status of public ofﬁ­ cials or Judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimin­ ation against them, should they abstain from fulﬁlling their functions for reasons of conscience.

This prohibition does not prejudice the application of the sec­ ond paragraph of Article 51.

It does not affect the right of the Occupying Power to remove public ofﬁcials from their posts.
To the fullest extent of the means available to it, the Occu­ pying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
Article 52 Article 53 Article 54 Article 55 166 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 56 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account.
Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territor­ ies, except where temporary restrictions are made necessary by imperative military requirements.
To the fullest extent of the means available to it, the Occu­ pying Power has the duty of ensuring and maintaining, with the co­operation of national and local authorities, the medical and hospital establishments and services, public health and hy­ giene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious dis­ eases and epidemics.
Medical personnel of all categories shall be allowed to carry out their duties.

If new hospitals are set up in occupied territory and if the com­ petent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recog­ nition provided for in Article 18.

In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Art­ icles 20 and 21.
In adopting measures of health and hygiene and in their imple­ mentation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.
167 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued Article 57 Article 58 Article 59 168 The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisi­ tioned so long as they are necessary for the needs of the civilian population.

The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious com­ munities.

The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.
If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall fa­ cilitate them by all the means at its disposal.

Such schemes, which may be undertaken either by States or by impartial humanitarian organisations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conﬂict shall, however, have the right to search the consignments, to regulate Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued their passage according to prescribed times and routes, and to be reasonably satisﬁed through the Protecting Power that these consignments are to be used for the relief of the needy popu­ lation and are not to be used for the beneﬁt of the Occupying Power.
Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59.

The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are in­ tended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.
The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the co­operation and under the supervision of the Protecting Power.

This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other im­ partial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or Customs duties unless these are necessary in the interests of the economy of the territory.

The Occupying Power shall facilitate the rapid distribution of these consign­ ments.

All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.
Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.
169 Article 60 Article 61 Article 62 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued Article 63 Article 64 170 Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power: (a) Recognised national Red Cross (Red Crescent, Red Lion and Sun) societies shall be able to pursue their activities in accordance with Red Cross principles, as deﬁned by the International Red Cross Conferences.
Other relief societies shall be permitted to continue their humanitarian activities under similar conditions; The Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.
(b) The same principles shall apply to the activities and person­ nel of special organisations of a non­military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the dis­ tribution of relief and by the organisation of rescues.
The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention.

Subject to the latter consideration and to the ne­ cessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulﬁl its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or ad­ Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 65 Article 66 Article 67 Article 68 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued ministration, and likewise of the establishments and lines of communication used by them.
The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language.

The effect of these penal provisions shall not be retroactive.
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non­political military Courts, on condition that the said Courts sit in the occupied country.

Courts of appeal shall preferably sit in the occupied country.
The Courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accord­ ance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence.

They shall take into consideration the fact that the accused is not a national of the Occupying Power.
Protected persons who commit an offence which is solely in­ tended to harm the Occupying Power, but which does not con­ stitute an attempt on the life or limb of members of the occu­ pying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the of­ fence committed.
Furthermore, internment or imprisonment 171 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued shall, for such offences, be the only measure adopted for de­ priving protected persons of liberty.
The Courts provided for under Article 66 of the present Convention may at their discre­ tion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of the Court has been particularly called to the fact that, since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.

In any case, the death penalty may not be pronounced against a protected person who was under 18 years of age at the time of the offence.
In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprison­ ment awarded.

Protected persons shall not be arrested, prosecuted or con­ victed by the Occupying Power for acts committed or for opin­ ions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.
Article 69 Article 70 172 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 71 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed af­ ter the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, ac­ cording to the law of the occupied State, would have justiﬁed extradition in time of peace.
No sentence shall be pronounced by the competent Courts of the Occupying Power except after a regular trial.

Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as pos­ sible.
The Protecting Power shall be informed of all proceed­ ings instituted by the Occupying Power against protected per­ sons in respect of charges involving the death penalty or im­ prisonment for 2 years or more; it shall be enabled, at any time, to obtain information regarding the state of such pro­ ceedings.

Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.
The notiﬁcation to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power 3 weeks before the date of the ﬁrst hearing.

Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully com­ plied with, the trial shall not proceed.
The notiﬁcation shall include the following particulars: Description of the accused; (a) Place of residence or detention; (b) 173 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued (c) Speciﬁcation of the charge or charges (with mention of the penal provisions under which it is brought); (d) Designation of the Court which will hear the case; (e) Place and date of the ﬁrst hearing.
Accused persons shall have the right to present evidence ne­ cessary to their defence and may, in particular, call witnesses.

They shall have the right to be assisted by a qualiﬁed advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.

Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel.
When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.

Accused persons shall, unless they freely waive such assist­ ance, be aided by an interpreter, both during preliminary in­ vestigation and during the hearing in Court.

They shall have the right at any time to object to the interpreter and to ask for his replacement.
A convicted person shall have the right of appeal provided for by the laws applied by the Court.

He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.

The penal procedure provided in the present Section shall ap­ ply, as far as it is applicable, to appeals.
Where the laws ap­ plied by the Court make no provision for appeals, the con­ victed person shall have the right to petition against the ﬁnd­ ing and sentence to the competent authority of the Occupying Power.
Article 72 Article 73 174 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued Article 74 Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power.
A notiﬁcation in respect of the date and place of trial shall be sent to the Protecting Power.

Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the rele­ vant grounds, as rapidly as possible to the Protecting Power.

The notiﬁcation shall contain a reference to the notiﬁcation made under Article 71, and, in the case of sentences of im­ prisonment, the name of the place where the sentence is to be served.
A record of judgments other than those referred to above shall be kept by the Court and shall be open to inspec­ tion by representatives of the Protecting Power.

Any period allowed for appeal in the case of sentences involving the death penalty or imprisonment of 2 years or more, shall not run until notiﬁcation of judgment has been received by the Protecting Power.

In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of at least 6 months, from the date of receipt by the Protecting Power of the notiﬁcation of the ﬁnal judgment conﬁrming such death sentence, or of an order denying pardon or reprieve.
The 6 months’ period of suspension of the death sentence herein prescribed may be reduced in individual cases in cir­ cumstances of grave emergency involving an organised threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notiﬁed of such reduction 175 Article 75 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued and is given reasonable time and opportunity to make repre­ sentations to the competent occupying authorities in respect of such death sentences.
Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein.

They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufﬁcient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occu­ pied country.

They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assist­ ance which they may require.

Women shall be conﬁned in separate quarters and shall be under the direct supervision of women.

Proper regard shall be paid to the special treatment due to minors.

Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the Inter­ national Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.

Protected persons who have been accused of offences or con­ victed by the Courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the au­ thorities of the liberated territory.
Article 76 Article 77 176 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section III—continued Article 78 If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning pro­ tected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be pre­ scribed by the Occupying Power in accordance with the provisions of the present Convention.

This procedure shall include the right of appeal for the parties concerned.

Appeals shall be decided with the least possible delay.

In the event of the decision being upheld, it shall be subject to periodical review, if possible every 6 months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full beneﬁt of Article 39 of the present Convention.

Section IV—Regulations for the Treatment of Internees I General Provisions The Parties to the conﬂict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.

Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status.
Parties to the conﬂict who intern protected persons shall be bound to provide free of charge for their maintenance, and to 177 Article 79 Article 80 Article 81 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.

The Detaining Power shall provide for the support of those dependent on the internees, if such dependants are without ad­ equate means of support or are unable to earn a living.

The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and cus­ toms.
Internees who are nationals of the same country shall not be separated merely because they have different languages.

Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section.
Internees may request that their children who are left at liberty without parental care shall be interned with them.

Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommo­ dation from other internees, together with facilities for leading a proper family life.

II Places of Internment The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment.
Article 82 Article 83 178 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 84 Article 85 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air.

The Powers concerned may, however, agree upon any other system of marking.
No place other than an internment camp shall be marked as such.

Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason.
The Detaining Power is bound to take all necessary and pos­ sible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hy­ giene and health, and provide efﬁcient protection against the rigours of the climate and the effects of the war.

In no case shall permanent places of internment be situated in unhealthy areas, or in districts the climate of which is injurious to the in­ ternees.
In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.

The Premises shall be fully protected from dampness, ad­ equately heated and lighted, in particular between dusk and lights out.
The sleeping quarters shall be sufﬁciently spacious and well ventilated, and the internees shall have suitable bedding and sufﬁcient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.

Internees shall have for their use, day and night, sanitary con­ veniences which conform to the rules of hygiene and are con­ stantly maintained in a state of cleanliness.
They shall be pro­ vided with sufﬁcient water and soap for their daily personal 179 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them.

Showers or baths shall also be available.


The necessary time shall be set aside for washing and for cleaning.

Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not mem­ bers of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary con­ veniences for the use of such women internees shall be ob­ ligatory.
The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.

Canteens shall be installed in every place of internment, except where other suitable facilities are available.

The purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well­being and comfort.
Proﬁts made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the beneﬁt of the internees attached to such place of internment.

The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the beneﬁt of all internees remaining in the custody of the Detaining Power.
In case of a general release, Article 86 Article 87 180 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 88 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued the said proﬁts shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.
In all places of internment exposed to air raids and other haz­ ards of war, shelters adequate in number and structure to en­ In case of sure the necessary protection shall be installed.

alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protec­ tion of their quarters against the aforesaid hazards.

Any pro­ tective measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of ﬁre.

Article 89 III Food and clothing Daily food rations for internees shall be sufﬁcient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deﬁciencies.

Ac­ count shall also be taken of the customary diet of the internees.

Internees shall also be given the means by which they can pre­ pare for themselves any additional food in their possession.
Sufﬁcient drinking water shall be supplied to internees.

The use of tobacco shall be permitted.

Internees who work shall receive additional rations in propor­ tion to the kind of labour which they perform.

Expectant and nursing mothers and children under ﬁfteen years of age shall be given additional food, in proportion to their physiological needs.
When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear 181 Article 90 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued and change of underwear, and later on, to procure further sup­ plies if required.
Should any internees not have sufﬁcient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.

The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule.

Workers shall receive suitable working outﬁts, including pro­ tective clothing, whenever the nature of their work so requires.
IV Hygiene and Medical Attention Article 91 Every place of internment shall have an adequate inﬁrmary, under the direction of a qualiﬁed doctor, where internees may have the attention they require, as well as an appropriate diet.

Isolation wards shall be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical op­ eration or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.

Internees shall, for preference, have the attention of medical personnel of their own nationality.

Internees may not be prevented from presenting themselves to the medical authorities for examination.
The medical au­ thorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an ofﬁcial certiﬁ­ cate showing the nature of his illness or injury, and the duration and nature of the treatment given.

A duplicate of this certiﬁ­ cate shall be forwarded to the Central Agency provided for in Article 140.
182 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artiﬁcial appliances and spectacles, shall be free of charge to the internee.

Medical inspections of internees shall be made at least once a month.
Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of in­ ternees, and to detect contagious diseases, especially tubercu­ losis, malaria, and venereal diseases.

Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination.
Article 92 V Religious, Intellectual and Physical Activities Article 93 Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary rou­ tine prescribed by the detaining authorities.

Ministers of religion who are interned shall be allowed to min­ ister freely to the members of their community.
For this pur­ pose, the Detaining Power shall ensure their equitable alloca­ tion amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion.

Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facil­ ities, including means of transport, for moving from one place to another, and they shall be authorised to visit any internees who are in hospital.
Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organisations of their faith.
Such correspondence shall not be considered as forming 183 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued a part of the quota mentioned in Article 107.

It shall, however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualiﬁed layman.

The latter shall enjoy the facilities granted to the ministry he has assumed.
Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.

The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not.

It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take up new subjects.

The education of chil­ dren and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or out­ side.

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

For this purpose, sufﬁcient open spaces shall be set aside in all places of internment.

Special playgrounds shall be reserved for children and young people.
The Detaining Power shall not employ internees as workers, unless they so desire.
Employment which, if undertaken under compulsion by a protected person not in internment, would in­ volve a breach of Articles 40 or 51 of the present Convention, Article 94 Article 95 184 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued and employment on work which is of a degrading or humili­ ating character are in any case prohibited.
After a working period of 6 weeks, internees shall be free to give up work at any moment, subject to 8 days’ notice.
These provisions constitute no obstacle to the right of the De­ taining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administra­ tive and maintenance work in places of internment and to de­ tail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks.
No internee may, however, be required to per­ form tasks for which he is, in the opinion of a medical ofﬁcer, physically unsuited.

The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases.
The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district.
Wages for work done shall be de­ termined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, em­ ployers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require.
Internees permanently de­ tailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power.
The working conditions and the scale of compensation for oc­ 185 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 96 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued cupational accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same nature in the same district.
All labour detachments shall remain part of and dependent upon a place of internment.

The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention.
The commandant shall keep an up­to­date list of the labour detachments subor­ dinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organisations who may visit the places of internment.

VI Personal Property and Financial Resources Article 97 Internees shall be permitted to retain articles of personal use.
Moneys, cheques, bonds, etc., and valuables in their posses­ sion may not to be taken from them except in accordance with established procedure.

Detailed receipts shall be given there­ for.

The amounts shall be paid into the account of every internee as provided for in Article 98.

Such amounts may not be con­ verted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the in­ ternee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.

A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all art­ icles, moneys or other valuables taken from them during in­ 186 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued ternment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detain­ ing Power by virtue of its legislation in force.
If the property of an internee is so withheld, the owner shall receive a detailed receipt.

Family or identity documents in the possession of internees may not be taken away without a receipt being given.

At no time shall internees be left without identity documents.

If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their iden­ tity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases.

All internees shall receive regular allowances, sufﬁcient to en­ able them to purchase goods and articles, such as tobacco, toilet requisites, etc.

Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organisations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power.

The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (inﬁrm, sick, pregnant woman, etc.
), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discrimina­ tions between internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in 187 Article 98 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued the present Article, the wages earned and the remittances re­ ceived, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned.
Internees shall be granted all facilities consis­ tent with the legislation in force in such territory to make re­ mittances to their families and to other dependants.

They may draw from their accounts the amounts necessary for their per­ sonal expenses, within the limits ﬁxed by the Detaining Power.

They shall at all times be afforded reasonable facilities for con­ sulting and obtaining copies of their accounts.
A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer.

Article 99 VII Administration and Discipline Every place of internment shall be put under the authority of a responsible ofﬁcer, chosen from the regular military forces or the regular civil administration of the Detaining Power.
The ofﬁcer in charge of the place of internment must have in his possession a copy of the present Convention in the ofﬁcial language, or one of the ofﬁcial languages, of his country and shall be responsible for its application.

The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to en­ sure its application.
The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.

Regulations, orders, notices and the publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.
188 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued Every order and command addressed to internees individually must likewise be given in a language which they understand.
The disciplinary regime in places of internment shall be con­ sistent with humanitarian principles, and shall in no circum­ stances include regulations imposing on internees any phys­ ical exertion dangerous to their health or involving physical or moral victimisation.

Identiﬁcation by tattooing or imprinting signs or markings on the body, is prohibited.

In particular, prolonged standing and rollcalls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited.
Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the condi­ tions of internment to which they are subjected.

They shall also have the right to apply without restriction through the Internee Committee or, if they consider it neces­ sary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognised to be unfounded, they may not occasion any punishment.

Periodic reports on the situation in places of internment and as to the needs of the internees, may be sent by the Internee Committees to the representatives of the Protecting Powers.
In every place of internment, the internees shall freely elect by secret ballot every 6 months, the members of a Committee empowered to represent them before the Detaining and Pro­ 189 Article 100 Article 101 Article 102 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued tecting Powers, the International Committee of the Red Cross and any other organisation which may assist them.
The mem­ bers of the Committee shall be eligible for re­election.

Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities.

The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned.

The Internee Committees shall further the physical, spiritual and intellectual wellbeing of the internees.
In case the internees decide, in particular, to organise a sys­ tem of mutual assistance amongst themselves, this organisa­ tion would be within the competence of the Committees in addition to the special duties entrusted to them under other pro­ visions of the present Convention.

Members of Internee Committees shall not be required to per­ form any other work, if the accomplishment of their duties is rendered more difﬁcult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they may require.

All material facilities shall be granted to them, particularly a certain free­ dom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organisations which give assistance to internees.

Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the prin­ cipal place of internment.
Such communications shall not be Article 103 Article 104 190 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued limited, nor considered as forming a part of the quota men­ tioned in Article 107.

Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
VIII Relations with the Exterior Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe alle­ giance and their Protecting Power of the measures taken for executing the provisions of the present Chapter.

The Detain­ ing Powers shall likewise inform the Parties concerned of any subsequent modiﬁcations of such measures.
As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send di­ rect to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Con­ vention, informing his relatives of his detention, address and state of health.
The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.

Internees shall be allowed to send and receive letters and cards.

If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than 2 letters and 4 cards monthly; these shall be drawn up so as to conform as closely as possible to the mod­ els annexed to the present Convention.
If limitations must be placed on the correspondence addressed to internees, they may 191 Article 105 Article 106 Article 107 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued be ordered only by the Power to which such internees owe al­ legiance, possibly at the request of the Detaining Power.
Such letters and cards must be conveyed with reasonable dispatch; they may not be delayed or retained for disciplinary reasons.

Internees who have been a long time without news, or who ﬁnd it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal.
They shall likewise beneﬁt by this provision in cases which are recognised to be urgent.

As a rule, internees’ mail shall be written in their own lan­ guage.

The Parties to the conﬂict may authorise correspond­ ence in other languages.
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs.

Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such ship­ ments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organisation giving assistance to the internees and responsible for the forwarding of such ship­ ments.
The conditions for the sending of individual parcels and col­ lective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies.

Parcels of clothing and foodstuffs may not include books.
Article 108 192 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 109 Article 110 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued Medical relief supplies shall, as a rule, be sent in collective parcels.
In the absence of special agreements between Parties to the conﬂict regarding the conditions for the receipt and distribu­ tion of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organisation giving assistance to in­ ternees and responsible for the forwarding of collective ship­ ments, to supervise their distribution to the recipients.

All relief shipments for internees shall be exempt from import, Customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or dispatched by them through the post ofﬁce, ei­ ther direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermedi­ ate countries.
To this end, in particular, the exemption pro­ vided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civil­ ians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by 193 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued the present Convention.
The countries not signatory to the above­mentioned agreements shall be bound to grant freedom from charges in the same circumstances.

The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post ofﬁce, shall be borne by the Detaining Power in all the territories under its control.

Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them.
Article 111 Should military operations prevent the Powers concerned from fulﬁlling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Com­ mittee of the Red Cross or any other organisation duly ap­ proved by the Parties to the conﬂict may undertake the con­ veyance of such shipments by suitable means (rail, motor ve­ hicles, vessels or aircraft, etc.).
For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe­conducts.
Such transport may also be used to convey: (a) Correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136; Correspondence and reports relating to internees which the Protecting Powers, the International Committee of (b) 194 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued the Red Cross or any other organisation assisting the internees exchange either with their own delegates or with the Parties to the conﬂict.
These provisions in no way detract from the right of any Party to the conﬂict to arrange other means of transport if it should so prefer, nor preclude the granting of safe­conducts, under mutually agreed conditions, to such means of transport.

The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the ship­ ments, by the Parties to the conﬂict whose nationals are bene­ ﬁted thereby.
The censoring of correspondence addressed to internees or dis­ patched by them shall be done as quickly as possible.

The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration.

It shall be done in the pres­ ence of the addressee, or of a fellow internee duly delegated by him.
The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difﬁ­ culties of censorship.

Any prohibition of correspondence ordered by the Parties to the conﬂict either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
The Detaining Powers shall provide all reasonable facilities for the transmission, through the Protecting Power or the Cen­ tral Agency provided for in Article 140, or as otherwise re­ quired, of wills, powers of attorney, letters of authority, or any other documents intended for internees or dispatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on 195 Article 112 Article 113 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued behalf of internees, in particular by allowing them to consult a lawyer.
The Detaining Power shall afford internees all facilities to en­ able them to manage their property, provided this is not incom­ patible with the conditions of internment and the law which is applicable.

For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow.
In all cases where an internee is a party to proceedings in any Court, the Detaining Power shall, if he so requests, cause the Court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the Court.
Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as pos­ sible.

As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives.

IX Penal and Disciplinary Sanctions Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not Article 114 Article 115 Article 116 Article 117 196 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 118 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same count.

The Courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power.

They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight and, in general, all forms of cruelty without exception are forbidden.

Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.

The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty in­ volving conﬁnement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceed­ ings instituted against internees whom they represent, and of their result.
Article 119 The disciplinary punishments applicable to internees shall be the following: (1) A ﬁne which shall not exceed 50 percent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days; (2) Discontinuance of privileges granted over and above the treat­ ment provided for by the present Convention; Fatigue duties, not exceeding 2 hours daily, in connection with the maintenance of the place of internment; Conﬁnement.
(3) (4) 197 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees.

Account shall be taken of the internee’s age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of 30 consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not.

Internees who are recaptured after having escaped or when at­ tempting to escape, shall be liable only to disciplinary punish­ ment in respect of this act, even if it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.

Internees who aid and abet and escape or attempt to escape, shall be liable on this count to disciplinary punishment only.
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.

The Parties to the conﬂict shall ensure that the competent au­ thorities exercise leniency in deciding whether punishment in­ ﬂicted for an offence shall be of a disciplinary or judicial na­ ture, especially in respect of acts committed in connection with an escape, whether successful or not.
Acts which constitute offences against discipline shall be in­ vestigated immediately.

This rule shall be applied, in particu­ Article 120 Article 121 Article 122 198 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 123 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued lar, in cases of escape or attempt to escape.
Recaptured in­ ternees shall be handed over to the competent authorities as soon as possible.

In cases of offences against discipline, conﬁnement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed 14 days.

Its duration shall in any case be deducted from any sentence of conﬁnement.

The provisions of Articles 124 and 125 shall apply to internees who are in conﬁnement awaiting trial for offences against dis­ cipline.
Without prejudice to the competence of Courts and higher au­ thorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible ofﬁcer or ofﬁcial who replaces him, or to whom he has dele­ gated his disciplinary powers.

Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the of­ fences of which he is accused, and given an opportunity of explaining his conduct and of defending himself.
He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualiﬁed interpreter.

The de­ cision shall be announced in the presence of the accused and of a member of the Internee Committee.

The period elapsing between the time of award of a disciplin­ ary punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punish­ ment, a period of at least 3 days shall elapse between the exe­ cution of any 2 of the punishments, if the duration of one of these is 10 days or more.

A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power.
199 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.)

to undergo disciplinary punishment therein.


The premises in which disciplinary punishments are under­ gone shall conform to sanitary requirements; they shall in par­ ticular be provided with adequate bedding.

Internees undergo­ ing punishment shall be enabled to keep themselves in a state of cleanliness.

Women internees undergoing disciplinary punishment shall be conﬁned in separate quarters from male internees and shall be under the immediate supervision of women.
Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least 2 hours daily.

They shall be allowed, if they so request, to be present at the daily medical inspections.

They shall receive the attention which their state of health requires and, if necessary, shall be removed to the inﬁrmary of the place of internment or to a hos­ pital.

They shall have permission to read and write, likewise to send and receive letters.
Parcels and remittances of money, how­ ever, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the inﬁrmary the perishable goods contained in the parcels.

No internee given a disciplinary punishment may be deprived of the beneﬁt of the provisions of Articles 107 and 143 of the present Convention.
Article 124 Article 125 200 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 126 Article 127 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the na­ tional territory of the Detaining Power.
X Transfers of Internees The transfer of internees shall always be effected humanely.

As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those ob­ taining for the forces of the Detaining Power in their changes of station.

If as an exceptional measure, such removals have to be effected on foot, they may not take place unless the in­ ternees are in a ﬁt state of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufﬁcient in quantity, quality and variety to maintain them in good health, and also with the ne­ cessary clothing, adequate shelter and the necessary medical attention.

The Detaining Power shall take all suitable precau­ tions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees trans­ ferred.
Sick, wounded or inﬁrm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.

If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred, unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in 201 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 128 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued particular, shall not do anything to increase the difﬁculties of repatriating them or returning them to their own homes.
In the event of transfer internees shall be ofﬁcially advised of their departure and of their new postal address.

Such notiﬁca­ tion shall be given in time for them to pack their luggage and inform their next of kin.

They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them.

The weight of such baggage may be limited if the con­ ditions of transfer so require, but in no case to less than 25 kilograms per internee.
Mail and parcels addressed to their former place of internment shall be forwarded to them without delay.

The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph.
Article 129 XI Deaths The wills of internees shall be received for safe keeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.

Deaths of internees shall be certiﬁed in every case by a doctor, and a death certiﬁcate shall be made out, showing the causes of death and the conditions under which it occurred.
An ofﬁcial record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force 202 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued in the territory where the place of internment is situated, and a duly certiﬁed copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140.
The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognised.

Deceased internees shall be buried in individual graves un­ less unavoidable circumstances require the use of collective graves.
Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect.

In case of cremation, the fact shall be stated and the reasons given in the death certiﬁcate of the deceased.

The ashes shall be retained for safe keeping by the detaining authorities and shall be trans­ ferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom the deceased in­ ternees depended through the Information Bureaux provided for in Article 136.

Such lists shall include all particulars ne­ cessary for the identiﬁcation of the deceased internees, as well as the exact location of their graves.
Every death or serious injury of an internee, caused or sus­ pected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an ofﬁcial inquiry by the Detaining Power.
203 Article 130 Article 131 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued A communication on this subject shall be sent immediately to the Protecting Power.

The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.
If the inquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible.

XII Release, Repatriation and Accommodation in Neutral Countries Article 132 Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
The Parties to the conﬂict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the re­ lease, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of in­ ternees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and in­ ternees who have been detained for a long time.

Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conﬂict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty.

The same shall apply to in­ ternees who have been previously sentenced to a punishment depriving them of liberty.
Article 133 204 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Article 134 Article 135 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section IV—continued By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostil­ ities, or of the occupation of territories, to search for dispersed internees.
The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.

The Detaining Power shall bear the expense of returning re­ leased internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his perman­ ent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation.

If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory.
The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request.

If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.

The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conﬂict concern­ ing the exchange and repatriation of their nationals in enemy hands.
205 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section V—Information Bureaux and Central Agency Article 136 Upon the outbreak of a conﬂict and in all cases of occupation, each of the Parties to the conﬂict shall establish an ofﬁcial Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.
Each of the Parties to the conﬂict shall, within the shortest pos­ sible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than 2 weeks, who are subjected to assigned residence or who are interned.
It shall, furthermore, require its various departments concerned with such matters to provide the afore­ said Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, trans­ fers, releases, repatriations, escapes, admittances to hospitals, births and deaths.
Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, though the intermedi­ ary of the Protecting Powers and likewise through the Central Agency provided for in Article 140.

The Bureaux shall also re­ ply to all inquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives.

Even in such a case, the information may not be withheld from the Central Agency which, upon being notiﬁed of the circumstances, will take the necessary precautions indicated in Article 140.

All communications in writing made by any Bureau shall be authenticated by a signature or a seal.
Article 137 206 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section V—continued Article 138 Article 139 Article 140 The information received by the national Bureau and trans­ mitted by it shall be of such a character as to make it pos­ sible to identify the protected person exactly and to advise his next of kin quickly.
The information in respect of each person shall include at least his surname, ﬁrst names, place and date of birth, nationality, last residence and distinguishing charac­ teristics, the ﬁrst name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.
Each national Information Bureau shall, furthermore, be re­ sponsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either di­ rect, or, if necessary, through the Central Agency.
Such art­ icles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel.

Detailed records shall be maintained of the receipt and dispatch of all such valu­ ables.

A Central Information Agency for protected persons, in par­ ticular for internees, shall be created in a neutral country.
The International Committee of the Red Cross shall, if it deems ne­ cessary, propose to the Powers concerned the organisation of 207 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued III—continued Section V—continued such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treat­ ment of Prisoners of War of August 12, 1949.
The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through ofﬁcial or private channels and to transmit it as rapidly as pos­ sible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information con­ cerns, or to their relatives.
It shall receive from the Parties to the conﬂict all reasonable facilities for effecting such trans­ missions.

The High Contracting Parties, and in particular those whose nationals beneﬁt by the services of the Central Agency, are requested to give the said Agency the ﬁnancial aid it may re­ quire.

The foregoing provisions shall in no way be interpreted as re­ stricting the humanitarian activities of the International Com­ mittee of the Red Cross and of the relief societies described in Article 142.
The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the ex­ emptions provided for in Article 110, and further, so far as pos­ sible, exemption from telegraphic charges, or, at least, greatly reduced rates.
Article 141 208 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV Execution of the Convention Section I—General Provisions Article 142 Subject to the measures which the Detaining Powers may con­ sider essential to ensure their security or to meet any other rea­ sonable need, the representatives of religious organisations, relief societies, or any other organisations assisting the pro­ tected persons, shall receive from these Powers, for them­ selves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and ma­ terial from any source, intended for educational, recreational or religious purposes, or for assisting them in organising their leisure time within the places of internment.
Such societies or organisations may be constituted in the territory of the De­ taining Power, or in any other country, or they may have an international character.

The Detaining Power may limit the number of societies and organisations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condi­ tion, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this ﬁeld shall be recognised and respected at all times.

Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work.

They shall have access to all premises occupied by protected persons and shall be able to interview the latter without wit­ nesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of imper­ ative military necessity, and then only as an exceptional and 209 Article 143 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section I—continued temporary measure.

Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to se­ lect the places they wish to visit.

The Detaining or Occupying Power, the Protecting Power and when occasion arises Power of origin of the persons to be visited, may agree that compa­ triots of the internees shall be permitted to participate in the visits.

The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives.
The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.
The High Contracting parties undertake, in time of peace as in time of war, to disseminate the text of the present Conven­ tion as widely as possibly in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially in­ structed as to its provisions.
The High Contracting Parties shall communicate to one an­ other through the Swiss Federal Council and, during hostil­ ities, through the Protecting Powers, the ofﬁcial translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
The High Contracting Parties undertake to enact any legis­ lation necessary to provide effective penal sanctions for per­ Article 144 Article 145 Article 146 210 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section I—continued sons committing or ordering to be committed, any of the grave breaches of the present Convention deﬁned in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own Courts.

It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches deﬁned in the following Article.

In all circumstances, the accused persons shall beneﬁt by safe­ guards of proper trial and defence, which shall not be less favourable than those provided by article 105 and those fol­ lowing of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Note: It appears the expression “article 105” in the last para­ graph of Article 146 should read as “Article 105.” Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wil­ ful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlaw­ ful conﬁnement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages 211 Article 147 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Article 148 Article 149 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section I—continued and extensive destruction and appropriation of property, not justiﬁed by military necessity and carried out unlawfully and wantonly.
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.

At the request of a Party to the conﬂict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.

Once the violation has been established, the Parties to the con­ ﬂict shall put an end to it and shall repress it with the least pos­ sible delay.

Article 150 Section II—Final Provisions The present Convention is established in English and in French.

Both texts are equally authentic.


The Swiss Federal Council shall arrange for ofﬁcial transla­ tions of the Convention to be made in the Russian and Spanish languages.

The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949.
Article 151 212 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section II—continued Article 152 Article 153 Article 154 Article 155 Article 156 The present Convention shall be ratiﬁed as soon as possible and the ratiﬁcations shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratiﬁcation and certiﬁed copies of this record shall be trans­ mitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.

The present Convention shall come into force 6 months after not less than 2 instruments of ratiﬁcation have been deposited.
Thereafter, it shall come into force for each High Contracting Party 6 months after the deposit of the instrument of ratiﬁca­ tion.

In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above­mentioned Conventions of The Hague.
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.

Accessions shall be notiﬁed in writing to the Swiss Federal Council, and shall take effect 6 months after the date on which they are received.
213 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section II—continued The Swiss Federal Council shall communicate the accession to all the Powers in whose name the Convention has been signed, or whose accession has been notiﬁed.
The situations provided for in Articles 2 and 3 shall give im­ mediate effect to ratiﬁcations deposited and accessions noti­ ﬁed by the Parties to the conﬂict before or after the beginning of hostilities or occupation.

The Swiss Federal Council shall communicate by the quickest method any ratiﬁcations or ac­ cessions received from Parties to the conﬂict.

Each of the High Contracting Parties shall be at liberty to de­ nounce the present Convention.
The denunciation shall be notiﬁed in writing to the Swiss Fed­ eral Council, which shall transmit it to the Governments of all the High Contracting Parties.

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

The denunciation shall have effect only in respect of the de­ nouncing Power.
It shall in no way impair the obligations which the Parties to the conﬂict shall remain bound to fulﬁl by virtue of the principles of the law of nations, as they result from the usages established among civilised peoples, from the laws of humanity and the dictates of the public conscience.
Article 157 Article 158 214 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949—continued IV—continued Section II—continued Article 159 The Swiss Federal Council shall register the present Conven­ tion with the Secretariat of the United Nations.
The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratiﬁcations, accessions and denunciations re­ ceived by it with respect to the present Convention.

In witness whereof the undersigned, having deposited their respect­ ive full powers, have signed the present Convention.

Done at Geneva this 12th day of August 1949, in the English and French languages.

The original shall be deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certiﬁed copies thereof to each of the signatory and acceding States.

[Here follow the signatures and Annexes.]

Schedule 5 Protocol I Schedules 5 and 6 were inserted, as from 10 July 1987, by section 7 Geneva Conventions Amendment Act 1987 (1987 No 144).
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I) Preamble The High Contracting Parties, Proclaiming their earnest wish to see peace prevail among peoples, Recalling that every State has the duty, in conformity with the Char­ ter of the United Nations, to refrain in its international relations from 215 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued the threat or use of force against the sovereignty,territorial integrity or political independence of any State, or in any other manner incon­ sistent with the purposes of the United Nations, Believing it necessary nevertheless to reafﬁrm and develop the pro­ visions protecting the victims of armed conﬂicts and to supplement measures intended to reinforce their application, Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legit­ imising or authorising any act of aggression or any other use of force inconsistent with the Charter of the United Nations, Reafﬁrming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conﬂict or on the causes espoused by or attributed to the Par­ ties to the conﬂict, Have agreed on the following: I General Provisions Article 1 General principles and scope of application 1.
The High Contracting Parties undertake to respect and to en­ sure respect for this Protocol in all circumstances.

In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protec­ tion an authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience.
This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Con­ ventions.

2.

3.

216 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued I—continued 4.
The situations referred to in the preceding paragraph include armed conﬂicts in which peoples are ﬁghting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self­determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co­operation among States in accordance with the Charter of the United Nations.
Article 2 Deﬁnitions For the purposes of this Protocol: (a) First Convention, Second Convention, Third Con­ vention and Fourth Convention mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked members of Armed Forces at Sea of 12 August 1949; the Geneva Convention rela­ tive to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; the Conventions means the four Geneva Conventions of 12 August 1949 for the protection of war victims; rules of international law applicable in armed con­ ﬂict means the rules applicable in armed conﬂict set forth in international agreements to which the Parties to the conﬂict are Parties and the generally recognised principles and rules of international law which are ap­ plicable to armed conﬂict; Protecting Power means a neutral or other State not a Party to the conﬂict which has been designated by a Party to the conﬂict and accepted by the adverse Party and has agreed to carry out the functions assigned to a 217 (b) (c) Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued I—continued Protecting Power under the Conventions and this Proto­ col; substitute means an organisation acting in place of a Protecting Power in accordance with Article 5.
(d) Article 3 Beginning and end of application Without prejudice to the provisions which are applicable at all times: (a) (b) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol; the application of the Conventions and of this Proto­ col shall cease, in the territory of Parties to the con­ ﬂict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose ﬁnal release, repatriation or re­es­ tablishment takes place thereafter.
These persons shall continue to beneﬁt from the relevant provisions of the Conventions and of this Protocol until their ﬁnal release, repatriation or re­establishment.

Article 4 Legal status of the Parties to the conﬂict The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall no affect the legal status of the Parties to the conﬂict.
Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question.

Article 5 Appointment of Protecting Powers and of their substitute It is the duty of the Parties to a conﬂict from the beginning of that conﬂict to secure the supervision and implementation of 1.
218 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued I—continued the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designa­ tion and acceptance of those Powers, in accordance with the following paragraphs.
Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conﬂict.

From the beginning of a situation referred to in Article 1, each Party to the conﬂict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same purpose, permit the activities of a Protecting Power which has been accepted by it as such after designation by the adverse Party.
If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the Inter­ national Committee of the Red Cross, without prejudice to the right other impartial humanitarian organisation to do likewise, shall offer its good ofﬁces to the Parties to the conﬂict with a view to the designation without delay of a Protecting Power to which the Parties to the conﬂict consent.
For that purpose it may, inter alia, ask each Party to provide it with a list of at least ﬁve States which that party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party, and ask each adverse Party to provide a list of at least ﬁve States which it would accept as the Protecting Power of the ﬁrst Party; these lists shall be communicated to the Commit­ tee within two weeks after the receipt of the request; it shall compare them and seek the agreement of any proposed State named on both lists.
If, despite the foregoing, there is no Protecting Power, the Par­ ties to the conﬂict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organisation which offers all guarantees of im­ partiality and efﬁcacy, after due consultations with the said 219 2.

3.

4.
3.

4.

Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued I—continued Parties and taking into account the result of these consult­ ations, to act as a substitute.
The functioning of such a substi­ tute is subject to the consent of the Parties to the conﬂict; every effort shall be made by the Parties to the conﬂict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol.
In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conven­ tions and this Protocol shall not affect the legal status of the Parties to the conﬂict or of any territory, including occupied territory.
The maintenance of diplomatic relations between Parties to the conﬂict or the entrusting of the protection of a Party’s interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol.

Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.

5.

6.

7.

Article 6 Qualiﬁed persons 1.


The High Contracting Parties shall, also in peacetime, en­ deavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualiﬁed per­ sonnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.

The recruitment and training of such personnel are within do­ mestic jurisdiction.
The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have estab­ lished and may have transmitted to it for that purpose.

2.

3.

220 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued I—continued 4.
The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned.

Article 7 Meetings The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems concerning the application of the Conventions and of the Protocol.
II Wounded, Sick and Shipwrecked Section I—General Protection Article 8 Terminology For the purposes of this Protocol: (a) (b) wounded and sick mean persons, whether military or civilian, who, because of trauma, disease or other phys­ ical or mental disorder or disability, are in need of med­ ical assistance or care and who refrain from any act of hostility.
These terms also cover maternity cases, new­born babies and other persons who may be in need of immediate medical assistance or care, such as the in­ ﬁrm or expectant mothers, and who refrain from any act of hostility; shipwrecked means person, whether military or civil­ ian, who are in peril at sea or in other waters as a re­ sult of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility.
These persons, provided that they continue to refrain from any act of hostility, shall continue to be consid­ ered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol; 221 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued (c) medical personnel means those persons assigned, by a Party to the conﬂict, exclusively to the medical purposes enumerated under sub­paragraph (e) or to the adminis­ tration of medical units or to the operation or adminis­ tration of medical transports.
Such assignments may be either permanent or temporary.
The term includes: (i) medical personnel of a Party to the conﬂict, whether military or civilian, including those de­ scribed in the First and Second Conventions, and those assigned to civil defence organisations; (ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognised and authorised by a Party to the conﬂict; (iii) medical personnel of medical units or medical transports described in Article 9, paragraph 2; (d) religious personnel means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached: (i) (ii) to the armed forces of a Party to the conﬂict; to medical units or medical transports of a Party to the conﬂict; to medical units or medical transports described in Article 9, paragraph 2; or to civil defence organisations of a Party to the conﬂict.
(iii) (iv) The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under subparagraph (k) apply to them; (e) medical units means establishments and other units, whether military or civilian, organised for medical purposes, namely the search for, collection, trans­ portation, diagnosis or treatment—including ﬁrst­aid 222 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued treatment—of the wounded, sick and shipwrecked, or for the prevention of disease.
The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharma­ ceutical stores of such units.
(f) medical transportation means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equip­ ment or medical supplies protected by the Conventions and by this Protocol; (g) medical transports means any means of transporta­ tion, whether military or civilian, permanent or tempo­ rary, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conﬂict; (h) medical vehicles means any medical transports by land; (i) medical ships and craft means any medical transports by water; (j) medical aircraft means any medical transports by air; permanent medical personnel, permanent medical (k) units and permanent medical transports mean those assigned exclusively to medical purposes for an in­ determinate period.
Temporary medical transports mean those devoted exclusively to medical purposes for limited periods during the whole of such periods.
Unless otherwise speciﬁed, the terms medical person­ nel, medical units and medical transports cover both permanent and temporary categories; distinctive emblem means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical (l) 223 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued (m) units and transports, or medical and religious personnel, equipment or supplies; distinctive signal means any signal or message speci­ ﬁed for the identiﬁcation exclusively of medical units or transports in Chapter III of Annex I to this Protocol.
Article 9 Field of application 1.

2.

This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall ap­ ply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
The relevant provisions of Articles 27 and 32 of the First Con­ vention shall apply to permanent medical units and transports (other than hospital ships, to which Article 25 of the Second Convention applies) and their personnel made available to a Party to the conﬂict for humanitarian purposes: (a) by a neutral or other State which is not a Party to that conﬂict; by a recognised and authorised aid society of such a State; by an impartial international humanitarian organisation.
(b) (c) Article 10 Protection and care 1.

All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.

In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the lease pos­ sible delay, the medical care and attention required by their 2.
224 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued condition.

There shall be no distinction among them founded on any grounds other than medical ones.

Article 11 Protection of persons 1.


The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, de­ tained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjus­ tiﬁed act or omission.
Accordingly, it is prohibited to subject the persons described in this Article to any medical proced­ ure which is not indicated by the sate of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar med­ ical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.
It is, in particular prohibited to carry out on such persons, even with their consent: (a) (b) medical or scientiﬁc experiments; (c) removal of tissue or organs for transplantation, except where these acts are justiﬁed in conformity with the conditions provided for in paragraph 1.
Exceptions to the prohibition in paragraph 2(c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and with­ out any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the beneﬁt of both the donor and the recipient.
Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in physical mutilations; 225 2.

3.

4.

Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 5.
6. the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.

The persons described in paragraph 1 have the right to refuse any surgical operation.

In case of refusal, medical person­ nel shal endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.
Each Party to the conﬂict shall keep a medical record for every donation of blood for transfusion or skin for grafting by per­ sons referred to in paragraph 1, if that donation is made under the responsibility of that Party.

In addition, each Party to the conﬂict shall endeavour to keep a record of all medical pro­ cedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situ­ ation referred to in Article 1.
These records shall be available at all times for inspection by the Protecting Power.

Article 12 Protection of medical units 1.

Medical units shall be respected and protected at all times and shall not be the object of attack.
Paragraph 1 shall apply to civilian medical units, provided that they: (a) (b) belong to one of the Parties to the conﬂict; are recognised and authorised by the competent author­ ity of one of the Parties to the conﬂict; or are authorised in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention.

The Parties to the conﬂict are invited to notify each other of the location of their ﬁxed medical units.
The absence of such notiﬁcation shall not exempt any of the Parties from the obli­ gation to comply with the provisions of paragraph 1.

(c) 2.

3.

226 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 4.
Under no circumstances shall medical units be used in an at­ tempt to shield military objectives from attack.

Whenever pos­ sible, the Parties to the conﬂict shall ensure that medical units are so sited that attacks against military objectives do not im­ peril their safety.
Article 13 Discontinuance of protection of civilian medical units The protection to which civilian medical units are entitled shall 1. not cease unless they are used to commit, outside their human­ itarian function, acts harmful to the enemy.

Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time­limit, and after such warning has remained unheeded.
The following shall not be considered as acts harmful to the enemy: (a) 2. that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge; that the unit is guarded by a picket or by sentries or by an escort; that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units; that members of the armed forces or other combatants are in the unit for medical reasons.
(b) (c) (d) Article 14 Limitations on requisition of civilian medical units 1.

The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisﬁed.

The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or the services of 2.
227 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 3. their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian popula­ tion and for the continuing medical care of any wounded and sick already under treatment.
Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said re­ sources, subject to the following particular conditions: (a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members of the armed forces of the Occupying Power or of prisoners of war; that the requisition continues only while such necessity exists;and that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisﬁed.
(b) (c) Article 15 Protection of civilian medical and religious personnel 1.

2.

Civilian medical personnel shall be respected and protected.

If needed, all available help shall be afforded to civilian med­ ical personnel in an area where civilian medical services are disrupted by reason of combat activity.

The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to per­ form, to the best of their ability, their humanitarian functions.
The Occupying Power may not require that, in the perform­ ance of those functions, such personnel shall give priority to the treatment of any person except on medical grounds.

They shall not be compelled to carry out tasks which are not com­ patible with their humanitarian mission.

3.
3.

228 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 4.

5.

Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conﬂict may deem necessary.
Civilian religious personnel shall be respected and protected.

The provisions of the Conventions and of this Protocol con­ cerning the protection and identiﬁcation of medical personnel shall apply equally to such persons.

2.

3.

Article 16 General protection of medical duties 1.

Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person beneﬁting therefrom.
Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of med­ ical ethics or to other medical rules designed from the beneﬁt of the wounded and sick or to the provisions of the Conven­ tions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.
No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families.

Regulations for the compulsory notiﬁcation of communicable diseases shall, however, be respected.
Article 17 Role of the civilian population and of aid societies 1.

The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them.
The civilian 229 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 2. population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permit­ ted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas.
No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.

The Parties to the conﬂict may appeal to the civilian population and the aid societies referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant both protection and the necessary facilities to those who respond to this appeal.
If the adverse Party gains or regains control of the area, that Party also shall afford the same protection and facilities for so long as they are needed.

Article 18 Identiﬁcation 1.

2.

3.

Each Party to the conﬂict shall endeavour to ensure that med­ ical and religious personnel and medical units and transports are identiﬁable.
Each Party to the conﬂict shall also endeavour to adopt and to implement methods and procedures which will make it pos­ sible to recognise medical units and transports which use the distinctive emblem and distinctive signals.

In occupied territory and in areas where ﬁghting is taking place or if likely to take place, civilian medical personnel and civil­ ian religious personnel should be recognisable by the distinct­ ive emblem and an identity card certifying their status.

4.
4.

With consent of the competent authority, medical units and transports shall be marked by the distinctive emblem.

The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the provisions of the Second Convention.
230 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section I—continued 5.

6.

7.

8.

In addition to the distinctive emblem, a Party to the conﬂict may, as provided in Chapter III of Annex I to this Protocol, authorise the use of distinctive signals to identify medical units and transports.
Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem.

The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to III of Annex I to this Proto­ col.
Signals designated in Chapter III of the Annex for the ex­ clusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to iden­ tify the medical units and transports speciﬁed in that Chapter.

This Article does not authorise any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention.
The provisions of the Conventions and of this Protocol relat­ ing to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.
Article 19 Neutral and other states not parties to the conﬂict Neutral and other States not Parties to the conﬂict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conﬂict whom they may ﬁnd.

Article 20 Prohibition of reprisals Reprisals against the persons and objects protected by this Part are prohibited.
231 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—Medical Transportation Article 21 Medical vehicles Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.
Article 22 Hospital ships and coastal rescue craft The provisions of the Conventions relating to: 1.

(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention, their lifeboats and small craft, their personnel and crews, and the wounded, sick and shipwrecked on board, (b) (c) (d) shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the cat­ egories mentioned in Article 13 of the Second Convention.
Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea.

If they ﬁnd themselves in the power of a Party to the conﬂict other than their own they shall be covered by the Fourth Conven­ tion and by this Protocol.
The protection provided by the Conventions to vessels de­ scribed in Article 25 of the Second Convention shall extend to hospital ships made available for humanitarian purposes to a Party to the conﬂict: (a) by a neutral or other State which is not a Party to that conﬂict; or by an impartial international humanitarian organisation, (b) provided that, in either case, the requirements set out in that Article are complied with.
Small craft described in Article 27 of the Second Convention shall be protected even if the notiﬁcation envisaged by that Article has not been made.

The Parties to the conﬂict are, 2.

3.


232 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued nevertheless, invited to inform each other of any details of such craft which will facilitate their identiﬁcation and recognition.

Article 23 Other medical ships and craft 1.


Medical ships and craft other than those referred to in Art­ icle 22 of this Protocol and Article 38 of the Second Conven­ tion shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.
Since this protection can only be effective if they can be identiﬁed and recognised as med­ ical ships or craft, such vessels should be marked with the dis­ tinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention.

The ships and craft referred to in paragraph 1 shall remain subject to the laws of war.
Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command.

Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board.

The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Con­ vention.
A clear refusal to obey a command given in accord­ ance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.

A Party to the conﬂict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information 2.

3.

4.
3.

4.

233 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued 5.

6. which would facilitate identiﬁcation and recognition.

The adverse Party shall acknowledge receipt of such information.
The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.

The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories re­ ferred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft.
Wounded, sick and shipwrecked civilians who do not belong to any of the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they ﬁnd themselves in the power of a Party to the conﬂict other than their own, they shall be covered by the Fourth Convention and by this Protocol.
Article 24 Protection of medical aircraft Medical aircraft shall be respected and protected, subject to the provisions of this Part.

Article 25 Medical aircraft in areas not controlled by an adverse Party In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conﬂict is not dependent on any agreement with an ad­ verse Party.
For greater safety, however, a Party to the conﬂict operating its medical aircraft in these areas may notify the ad­ verse Party, as provided in Article 29, in particular when such aircraft are making ﬂights bringing them within range of sur­ face­to­air weapons systems of the adverse Party.
234 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued Article 26 Medical aircraft in contact or similar zones 1.
In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agree­ ment between the competent military authorities of the Parties to the conﬂict, as provided for in Article 29.
Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognized as such.

Contact zone means any area on land where the forward elem­ ents of opposing forces are in contact with each other, espe­ cially where the are exposed to direct ﬁre from the ground.

2.

Article 27 Medical aircraft in areas controlled by an adverse 1.

2.
2.

Party The medical aircraft of a Party to the conﬂict shall continue to be protected while ﬂying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such ﬂights has been obtained from the competent authority of that adverse Party.
A medical aircraft which ﬂies over an area physically con­ trolled by an adverse Party without, or in deviation from the terms of, a agreement provided for in paragraph 1, either through navigational error or because of an emergency affect­ ing the safety of the ﬂight, shall make every effort to identify itself and to inform the adverse Party of the circumstances.
As soon as such medical aircraft has bee recognized by the adverse Party, that Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Art­ icle 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.
235 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued Article 28 Restrictions on operations of medical aircraft 1.

The Parties to the conﬂict are prohibited from using their med­ ical aircraft to attempt to acquire any military advantage over an adverse Party.
The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack.

Medical aircraft shall not be used to collect or transmit intelli­ gence data and shall not carry any equipment intended for such purposes.

They are prohibited from carrying any persons or cargo not included within the deﬁnition in Article 8, sub­para­ graph (f).
The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate naviga­ tion, communication or identiﬁcation shall not be considered as prohibited.
Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and ship­ wrecked on boar and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.

2.

3.

4.
2.

3.

4.

While carrying out the ﬂights referred to in Articles 26 and 27, medical aircraft shall not, except by prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.
Article 29 Notiﬁcations and agreements concerning medical aircraft Notiﬁcations under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft, their ﬂight plans and means of identiﬁcation, and shall be understood to mean that every ﬂight will be carried out in compliance with Article 28.

1.
1.

236 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued 2.

3.

4.

5.

A Party which receives a notiﬁcation given under Article 25 shall at once acknowledge receipt of such notiﬁcation.
A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as rapidly as possible, notify the requesting Party: (a) (b) (c) that the request is agreed to; that the request is denied; or It of reasonable alternative proposals to the request.

may also propose a prohibition or restriction of other ﬂights in the area during the time involved.
If the Party which submitted the request accepts the alternative pro­ posals, it shall notify the other Party of such acceptance.

The Parties shall take the necessary measures to ensure that notiﬁcations and agreements can be made rapidly.
The Parties shall also take the necessary measures to dissemi­ nate rapidly the substance of any such notiﬁcations and agree­ ments to the military units concerned and shall instruct those units regarding the means of identiﬁcation that will be used by the medical aircraft in question.

Article 30 Landing and inspection of medical aircraft 1.
Medical aircraft ﬂying over areas which are physically con­ trolled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in ac­ cordance with the following paragraphs.

Medical aircraft shall obey any such order.


If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4.

Any such inspection shall be commenced without delay and shall be conducted expeditiously.

The inspecting Party 2.


237 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued 3.

4. shall not require the wounded and sick to be removed from the aircraft unless their removal is essential for the inspection.
That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or by the removal.
If the inspection discloses that the aircraft: (a) is a medical aircraft within the meaning of Article 8, sub­paragraph (j), is not in violation of the conditions prescribed in Article 28, and has not ﬂown without or in breach of a prior agreement where such agreement is required, (b) (c) the aircraft and those of its occupants who belong to the ad­ verse Party or to a neutral or other State not a Party to the con­ ﬂict shall be authorised to continue the ﬂight without delay.
If the inspection discloses that the aircraft: (a) is not a medical aircraft within the meaning of Article 8, sub­paragraph (j), is in violation of the conditions prescribed in Article 28, or has ﬂown without or in breach of a prior agreement where such agreement is required, (b) (c) the aircraft may be seized.

Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol.
Any aircraft seized which had been as­ signed as a permanent medical aircraft may be used thereafter only as a medical aircraft.

Article 31 Neutral or other States not Parties to the conﬂict 1.

Except by prior agreement, medical aircraft shall not ﬂy over or land in the territory of a neutral or other State not a Party to the conﬂict.
However, with such an agreement, they shall be respected throughout their ﬂight and also for the duration 238 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble 2.

3.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued of any calls in the territory.

Nevertheless they shall obey any summons to land or to alight on water, as appropriate.
Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, ﬂy over the terri­ tory of a neutral or other State not a Party to the conﬂict, either through navigational error or because of an emergency affect­ ing the safety of the ﬂight, it shall make every effort to give notice of the ﬂight and to identify itself.
As soon as such med­ ical aircraft is recognised, that State shall make all reasonable efforts to give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to safe­ guard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.
If a medical aircraft, either by agreement or in the circum­ stances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the con­ ﬂict, whether ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whether it is in fact a medical aircraft.

The inspection shall be commenced without delay and shall be conducted expedi­ tiously.
The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection.

The in­ specting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspec­ tion or the removal.
If the inspection discloses that the air­ craft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conﬂict, shall be allowed to resume its ﬂight, and reasonable facilities shall be given for the continuation of the ﬂight.
If the inspection discloses that the aircraft is not a medical aircraft, it shall be 239 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section II—continued 4.

5. seized and the occupants treated in accordance with paragraph 4.
The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party to the conﬂict shall, unless agreed otherwise be­ tween that State and the Parties to the conﬂict, be detained by that State where so required by the rules of international law applicable in armed conﬂict, in such a manner that they cannot again take part in the hostilities.
The cost of hospital treatment and internment shall be borne by the State to which those per­ sons belong.

Neutral or other States not Parties to the conﬂict shall apply any conditions and restrictions on the passage of medical air­ craft over, or on the landing of medical aircraft in, their terri­ tory equally to all Parties to the conﬂict.
Section III—Missing and Dead Persons Article 32 General principle In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conﬂict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.

Article 33 Missing persons 1.


As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conﬂict shall search for the persons who have been reported missing by an ad­ verse Party.

Such adverse Party shall transmit all relevant in­ formation concerning such persons in order to facilitate such searches.
240 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section III—continued 2.

3.

4.
In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conﬂict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol: (a) record the information speciﬁed in Article 138 of the Fourth Convention in respect of such persons who have been detained, imprisoned or otherwise held in captiv­ ity for more than two weeks as a result of hostilities or occupation, or who have died during any period of de­ tention; to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of informa­ tion concerning such persons if they have died in other circumstances as a result of hostilities or occupation.
(b) Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be trans­ mitted either directly or through the Protecting Power or the Central Tracing Agency of the International Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies.
Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conﬂict shall ensure that such information is also supplied to the Central Tracing Agency.
The Parties to the conﬂict shall endeavour to agree on arrange­ ments for teams to search for, identify and recover the dead from battleﬁeld areas, including arrangements, if appropriate, for such teams to be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party.

Personnel of such teams shall be respected and protected while exclusively carrying out these duties.
241 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section III—continued Article 34 Remains of deceased 1.
The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostil­ ities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, main­ tained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not re­ ceive more favourable considerations under the Conventions and this Protocol.
As soon as circumstances and the relations between the ad­ verse Parties permit, the High Contracting Parties in whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result of hostilities or during occupation or in detention are situated, shall con­ clude agreements in order: (a) to facilitate access to the gravesites by relatives of the deceased and by representatives of ofﬁcial graves regis­ tration services and to regulate the practical arrange­ ments for such access; to protect and maintain such gravesites permanently; to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.
(b) (c) In the absence of the agreements provided for in paragraph 2(b) or (c) and if the home country of such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country.

Where such an offer has not been accepted the High Contracting Party may, after the expiry of ﬁve years from the date of the offer and 2.

3.
3.

242 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued II—continued Section III—continued 4. upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves.
A High Contracting Party in whose territory the gravesites re­ ferred to in this Article are situated shall be permitted to ex­ hume the remains only: (a) in accordance with paragraphs (2)(c) and 3, or (b) where exhumation is a matter of overriding public ne­ cessity, including cases of medical and investigative ne­ cessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country of its intention to exhume the remains together with details of the intended place of reinter­ ment.
III Methods and Means of Warfare, Combatant and Prisoner­of­War Status Section I—Methods and Means of Warfare Article 35 Basic rules 1.

2.

3.

In any armed conﬂict, the right of the Parties to the conﬂict to choose methods or means of warfare is not unlimited.

It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superﬂuous injury or unnecessary suffering.
It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long­ term and severe damage to the natural environment.
Article 36 New weapons In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting 243 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section I—continued Party is under an obligation to determine whether its em­ ployment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.
Article 37 Prohibition of perﬁdy 1.

It is prohibited to kill, injure or capture an adversary by resort to perﬁdy.

Acts inviting the conﬁdence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, pro­ tection under the rules of international law applicable in armed conﬂict, with intent to betray that conﬁdence, shall constitute perﬁdy.
The following acts are examples of perﬁdy: (a) the feigning of an intent to negotiate under a ﬂag of truce or of a surrender; the feigning of an incapacitation by wounds or sickness; the feigning of civilian, non­combatant status; and the feigning of protected status by the use of signs, em­ blems or uniforms of the United Nations or of neutral or other States not Parties to the conﬂict.

(b) (c) (d) 2.

Ruses of war are not prohibited.


Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law ap­ plicable in armed conﬂict and which are not perﬁdious because they do not invite the conﬁdence of an adversary with respect to protection under that law.

The following are examples of such ruses: the use of camouﬂage, decoys, mock operations and misinformation.

Article 38 Recognized emblems 1.


It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol.
It is also prohibited to misuse deliberately in 244 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section I—continued an armed conﬂict other internationally recognised protective emblems, signs or signals, including the ﬂag of truce, and the protective emblem of cultural property.
It is prohibited to make use of the distinctive emblem of the United Nations, except as authorised by that Organisations.

2.

Article 39 Emblems of nationality 1.

2.

3.

It is prohibited to make use in an armed conﬂict of the ﬂags or military emblems, insignia or uniforms of neutral or other States not Parties to the conﬂict.
It is prohibited to make use of the ﬂags or military emblems, insignia or uniforms of adverse Parties while engaging in at­ tacks or in order to shield, favour, protect or impede military operations.

Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognised rules of international law applicable to espionage or to the use of ﬂags in the conduct of armed conﬂict at sea.
Article 40 Quarter It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.

Article 41 Safeguard of an enemy hors de combat 1.

A person who is recognised or who, in the circumstances, should be recognised to be hors de combat shall not be made the object of attack.

A person is hors de combat if: (a) (b) he is in the power of an adverse Party; he clearly expresses an intention to surrender; or 2.
245 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section I—continued (c) he has been rendered unconscious or is otherwise in­ capacitated by wounds or sickness, and therefore is in­ capable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
3.

When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual con­ ditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.

Article 42 Occupants of aircraft 1.

No person parachuting from an aircraft in distress shall be made the object of attack during his descent.
Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.

Airborne troops are not protected by this Article.

2.

3.

Section II—Combatant and Prisoner­of­War Status Article 43 Armed forces 1.
The armed forces of a Party to a conﬂict consist of all organised armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an au­ thority not recognised by an adverse Party.
Such armed forces shall be subject to an internal disciplinary system which, inter 246 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section II—continued 2. alia, shall enforce compliance with the rules of international law applicable in armed conﬂict.
Members of the armed forces of a Party to a conﬂict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.

3.

Whenever a Party to a conﬂict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conﬂict.

3.

Article 44 Combatants and prisoners of war 1.


Any combatant, as deﬁned in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

2.

While all combatants are obliged to comply with the rules of international law applicable in armed conﬂicts, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in para­ graphs 3 and 4.
In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to dis­ tinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack.
Recognising, however, that there are situations in armed conﬂicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly: (a) (b) during each military engagement, and during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.
247 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section II—continued Acts which comply with the requirements of this paragraph shall not be considered as perﬁdious within the meaning of Article 37, paragraph 1(c).
A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equiva­ lent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol.
This protection in­ cludes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a com­ batant and a prisoner of war by virtue of his prior activities.
This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention.

This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conﬂict.
In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conﬂict, as deﬁned in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

4.

5.

6.

7.

8.
4.

5.

6.

7.

8.

248 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section II—continued Article 45 Protection of persons who have taken part in 1.

2.
2.

3. hostilities A person who takes part in hostilities and falls into the power of an adverse Party and shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notiﬁcation to the detaining Power or to the Protecting Power.
Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.
If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner­of­war status before a judicial tribunal and to have that question adjudicated.

When­ ever possible under the applicable procedure, this adjudication shall occur before the trial for the offence.
The representatives of the Protecting Power shall be entitled to attend the proceed­ ings in which that question is adjudicated, unless, exception­ ally, the proceedings are held in camera in the interest of State security.

In such a case the detaining Power shall advise the Protecting Power accordingly.
Any person who has taken part in hostilities, who is not entitled to prisoner­of­war status and who does not beneﬁt from more favourable treatment in accordance with the Fourth Conven­ tion shall have the right at all times to the protection of Article In occupied territory, any such person, 75 of this Protocol.
unless he is held as a spy, shall be entitled, notwithstanding 249 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section II—continued Article 5 of the Fourth Convention, to his rights of communi­ cation under that Convention.

Article 46 Spies 1.
Article 46 Spies 1.

Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conﬂict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.
A member of the armed forces of a Party to the conﬂict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.
A member of the armed forces of a Party to the conﬂict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner.
Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

A member of the armed forces of a Party to the conﬂict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs.
2.

3.

4.

250 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued III—continued Section II—continued Article 47 Mercenaries 1.

A mercenary shall not have the right to be a combatant or a prisoner of war.
A mercenary is any person who: (a) 2. is specially recruited locally or abroad in order to ﬁght in an armed conﬂict; does, in fact, take a direct part in the hostilities; is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conﬂict, material compen­ sation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; is neither a national of a Party to the conﬂict nor a resi­ dent of territory controlled by a Party to the conﬂict; is not a member of the armed forces of a Party to the conﬂict; and has not been sent by a State which is not a Party to the conﬂict on ofﬁcial duty as a member of its armed forces.
(b) (c) (d) (e) (f) IV Civilian Population Section I—General Protection Against Effects of Hostilities I Basic Rule and Field of Application Article 48 Basic rule In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conﬂict shall at all times distinguish between the civilian population and combatants and between civilian objects and military object­ 251 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued ives and accordingly shall direct their operations only against military objectives.
2.

3.

4.

Article 49 Deﬁnition of attacks and scope of application 1.

Attacks means acts of violence against the adversary, whether in offence or in defence.

The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conﬂict but under the control of an adverse Party.
The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land.

They further apply to all attacks from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conﬂict at sea or in the air.
The provisions of this Section are additional to the rules con­ cerning humanitarian protection contained in the Fourth Con­ vention, particularly in Part II thereof, and in other inter­ national agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.
II Civilians and Civilian Population Article 50 Deﬁnition of civilians and civilian population 1.

A civilian is any person who does not belong to one of the categories of persons referred to in Article 4A(1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol.

In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
252 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 2.

3.

The civilian population comprises all persons who are civil­ ians.
The presence within the civilian population of individuals who do not come within the deﬁnition of civilians does not deprive the population of its civilian character.

Article 51 Protection of the civilian population 1.

The civilian population and individual civilians shall enjoy general protection against dangers arising from military op­ erations.
To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

The civilian population as such, as well as individual civilians, shall not be the object of attack.

Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities.

Indiscriminate attacks are prohibited.


Indiscriminate attacks are: (a) those which are not directed at a speciﬁc military ob­ jective; those which employ a method or means of combat which cannot be directed at a speciﬁc military object­ ive; or those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; (b) (c) and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.
253 2.

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4.
Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued Among others, the following types of attacks are to be consid­ ered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives lo­ cated in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civil­ ian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.
(b) Attacks against the civilian population or civilians by way of reprisals are prohibited.

The presence or movements of the civilian population or in­ dividual civilians shall not be used to render certain points or areas immune from military operations, in particular in at­ tempts to shield military objectives from attacks or to shield, favour or impede military operations.
The Parties to the con­ ﬂict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

Any violation of these prohibitions shall not release the Parties to the conﬂict from their legal obligation with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57.

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254 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued III Civilian Objects Article 52 General protection of civilian object 1.

Civilian objects shall not be the object of attack or of reprisals.
Civilian objects are all objects which are not military object­ ives as deﬁned in paragraph 2.

Attacks shall be limited strictly to military objectives.

In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the cir­ cumstances ruling at the time, offers a deﬁnite military advan­ tage.
In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.

2.

3.
Article 53 Protection of cultural objects and of places of worship Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conﬂict of 14 May 1954, and of other relevant international instruments, it is prohibited: (a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples; to use such objects in support of the military effort; to make such objects the object of reprisals.
(b) (c) 255 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued Article 54 Protection of objects indispensable to the survival of 1.

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3.

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5. the civilian population Starvation of civilians as a method of warfare is prohibited.
It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian popula­ tion, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the speciﬁc purpose of deny­ ing them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.
The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party: (a) as sustenance solely for the members of its armed forces; or if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.
(b) These objects shall not be made the object of reprisals.

In recognition of the vital requirements of any Party to the conﬂict in the defence of its national territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conﬂict within such territory under its own control where required by imperative military necessity.

Article 55 Protection of the natural environment 1.
Care shall be taken in warfare to protect the natural environ­ ment against widespread, long­term and severe damage.
This protection includes a prohibition of the use of methods or 256 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.
Attacks against the natural environment by way of reprisals are prohibited.

2.

Article 56 Protection of works and installations containing dangerous forces 1.

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object or attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.
Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dan­ gerous forces from the works or installations and consequent severe losses among the civilian population.

The special protection against attack provided by paragraph 1 shall cease: (a) 2.
(b) (c) for a dam or a dyke only if it is used for other than its normal function and in regular, signiﬁcant and direct support of military operations and if such attack is the only feasible way to terminate such support; for a nuclear electrical generating station only if it pro­ vides electric power in regular, signiﬁcant and direct support of military operations and if such attack is the only feasible way to terminate such support; for other military objectives located at or in the vicin­ ity of these works or installations only if they are used in regular, signiﬁcant and direct support of military op­ erations and if such attack is the only feasible way to terminate such support.
257 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57.
If the protection ceases and any of the works, installations or military objectives men­ tioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces.

It is prohibited to make any of the works, installations or mili­ tary objectives mentioned paragraph 1 the object of reprisals.

The Parties to the conﬂict shall endeavour to avoid locating any military objectives in the vicinity of the works or instal­ lations mentioned in paragraph 1.
Nevertheless, installations erected for the sole purpose of defending the protected works or installations from attack are permissible and shall not them­ selves be made the object of attack, provided that they are not used in hostilities except for defensive actions necessary to re­ spond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against the protected works or instal­ lations.
The High Contracting Parties and the Parties to the conﬂict are urged to conclude further agreements among themselves to provide additional protection for objects containing dangerous forces.

In order to facilitate the identiﬁcation of the objects protected by this Article, the Parties to the conﬂict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as speciﬁed in Article 16 of Annex I to this Protocol.
The absence of such marking in no way relieves any Party to the conﬂict of its obligations under this Article.

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258 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued IV Precautionary Measures Article 57 Precautions in attack 1.
In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2.
With respect to attacks, the following precautions shall be taken: (a) those who plan or decide upon an attack shall: (i) do everything feasible to verify that the object­ ives to be attacked are neither civilians nor civil­ ian objects and are not subject to special protec­ tion but are military objectives within the mean­ ing of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them; take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimising, inci­ dental loss of civilian life, injury to civilians and damage to civilian objects; refrain from deciding to launch any attack which may be expected to cause incidental loss of civil­ ian life, injury to civilians, damage to civilian ob­ jects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; (ii) (iii) (b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combin­ 259 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued (c) ation thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; effective advance warning shall be given of attacks which may affect the civilian population, unless cir­ cumstances do not permit.
4.

3.

When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.
In the conduct of military operations at sea or in the air, each Party to the conﬂict shall, in conformity with its rights and duties under the rules of international law applicable in armed conﬂict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.

No provision of this Article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.

5.
Article 58 Precautions against the effects of attacks The Parties to the conﬂict shall, to the maximum extent feasi­ ble: (a) without prejudice to Article 49, of the Fourth Conven­ tion, endeavour to remove the civilian population, indi­ vidual civilians and civilian objects under their control from the vicinity of military objectives; avoid locating military objectives within or near densely populated areas; take the other necessary precautions to protect the civil­ ian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.
(b) (c) 260 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued V Localities and Zones Under Special Protection Article 59 Non­defended localities 1.

It is prohibited for the Parties to the conﬂict to attack, by an means whatsoever, non­defended localities.
The appropriate authorities of a Party to the conﬂict may de­ clare as a non­defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party.
Such a locality shall fulﬁl the following conditions: (a) all combatants, as well as mobile weapons and mobile military equipment must have been evacuated; no hostile use shall be made of ﬁxed military installa­ tions or establishments; no acts of hostility shall be committed by the authorities or by the population; and no activities in support of military operations shall be undertaken.
(b) (c) (d) The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2.

The declaration made under paragraph 2 shall be addressed to the adverse Party and shall deﬁne and describe, as precisely as possible, the limits of the non­defended locality.
The Party to the conﬂict to which the declaration is addressed shall acknow­ ledge its receipt and shall treat the locality as a non­defended locality unless the conditions laid down in paragraph 2 are not in fact fulﬁlled, in which event it shall immediately so inform the Party making the declaration.

Even if the conditions laid down in paragraph 2 are not fulﬁlled, the locality shall con­ tinue to enjoy the protection provided by the other provisions 261 2.

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Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 5.

6.

7. of this Protocol and the other rules of international law applic­ able in armed conﬂict.
The Parties to the conﬂict may agree on the establishment of non­defended localities even if such localities do not ful­ ﬁl the conditions laid down in paragraph 2.

The agreement should deﬁne and describe, as precisely as possible, the limits of the non­defended locality; if necessary, it may lay down the methods of supervision.
The Party which is in control of a locality governed by such an agreement shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be dis­ played where they are clearly visible, especially on its perime­ ter and limits and on highways.

A locality loses it status as a non­defended locality when it ceases to fulﬁl the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5.
In such an eventu­ ally, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conﬂict.

Article 60 Demilitarized zones 1.

It is prohibited for the Parties to the conﬂict to extend their military operations to zones on which they have conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement.
The agreement shall be an express agreement, may be con­ cluded verbally or in writing, either directly or through a Pro­ tecting Power or any impartial humanitarian organization, and may consist of reciprocal and concordant declarations.

The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should deﬁne and describe, as pre­ 2.
262 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 3.

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5.

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7. cisely as possible, the limits of the demilitarized zone and, if necessary, lay down the methods of supervision.
The subject of such an agreement shall normally be any zone which fulﬁls the following conditions: (a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated; no hostile use shall be made of ﬁxed military installa­ tions or establishments; no acts of hostility shall be committed by the authorities or by the population; and any activity linked to the military effort must have ceased.
(b) (c) (d) The Parties to the conﬂict shall agree upon the interpretation to be given to the condition laid down in sub­paragraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4.

The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3.
The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways.

If the ﬁghting draws near to a demilitarized zone, and if the Parties to the conﬂict have so agreed, none of them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.
If one of the Parties to the conﬂict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring In such an upon the zone the status of demilitarized zone.
263 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conﬂict.
VI Civil Defence Article 61 Deﬁnitions and scope For the purposes of this Protocol: (a) civil defence means the performance of some or all of the undermentioned humanitarian tasks intended to pro­ tect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostil­ ities or disasters and also to provide the conditions ne­ cessary for its survival.
These tasks are: (i) (ii) (iii) management of shelters; (iv) management of blackout measures; (v) (vi) medical services, including ﬁrst aid, and reli­ warning; evacuation; rescue; gious assistance; (x) (vii) ﬁre­ﬁghting; (viii) detection and marking of danger areas; (ix) decontamination and similar protective meas­ ures; provision of emergency accommodation and sup­ plies; emergency assistance in the restoration and maintenance of order in distressed areas; (xii) emergency repair of indispensable public utili­ (xi) ties; (xiii) emergency disposal of the dead; 264 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued (b) (c) (xiv) assistance in the preservation of objects essential (xv) for survival; complementary activities necessary to carry out any of the tasks mentioned above, including, but not limited to, planning and organization; civil defence organizations means those establish­ ments and other units which are organized or autho­ rized by the competent authorities of a Party to the conﬂict to perform any of the tasks mentioned under sub­paragraph (a), and which are assigned and devoted exclusively to such tasks; personnel of civil defence organizations means those persons assigned by a Party to the conﬂict exclusively to the performance of the tasks mentioned under sub­para­ graph (a), including personnel assigned by the compe­ tent authority of that Party exclusively to the adminis­ tration of these organizations; (d) matériel of civil defence organizations means equip­ ment, supplies and transports used by these organiza­ tions for the performance of the tasks mentioned under sub­paragraph (a).
Article 62 General protection 1.

Civilian civil defence organizations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this Section.

They shall be entitled to perform their civil defence tasks except in case of imperative military necessity.
The provisions of paragraph 1 shall also apply to civilians who, although not members of civilian civil defence organizations, respond to an appeal from the competent authorities and per­ form civil defence tasks under their control.

2.

265 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 3.
Buildings and matériel used for civil defence purposes and shelters provided for the civilian population are covered by Article 52.

Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong.

Article 63 Civil defence in occupied territories 1.

In occupied territories, civilian civil defence organizations shall receive from the authorities the facilities necessary for the performance of their tasks.
In no circumstances shall their personnel be compelled to perform activities which would interfere with the proper performance of these tasks.

The Occupying Power shall not change the structure or personnel of such organizations in any way which might jeopardize the efﬁcient performance of their mission.

These organizations shall not be required to give priority to the nationals or inter­ ests of that Power.
The Occupying Power shall not compel, coerce or induce civil­ ian civil defence organizations to perform their tasks in any manner prejudicial to the interests of the civilian population.

The Occupying Power may disarm civil defence personnel for reasons of security.

The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.
Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or divert these resources, subject to the following particular conditions: (a) that the buildings or matériel are necessary for other needs of the civilian population; and 2.

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266 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued (b) that the requisition or diversion continues only while such necessity exists.

6.
6.

The Occupying Power shall neither divert nor requisition shel­ ters provided for the use of the civilian population or needed by such population.

Article 64 Civilian civil defence organizations of neutral or 1.

2.
2.

3. other States not Parties to the conﬂict and international co­ordinating organizations Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel of civilian civil defence organizations of neutral or other States not Parties to the conﬂict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conﬂict, with the consent and under the control of that Party.
Notiﬁcation of such assistance shall be given as soon as possible to any adverse Party concerned.

In no circumstances shall this activity be deemed to be an interference in the con­ ﬂict.

This activity should, however, be performed with due regard to the security interests of the Parties to the conﬂict con­ cerned.
The Parties to the conﬂict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co­ordination of such civil de­ fence actions when appropriate.

In such cases the relevant international organizations are covered by the provisions of this Chapter.
In occupied territories, the Occupying Power may only ex­ clude or restrict the activities of civilian civil defence organ­ izations of neutral or other States not Parties to the conﬂict and of international co­ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own re­ sources or those of the occupied territory.
267 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued Article 65 Cessation of protection 1.
The protection to which civilian civil defence organizations, their personnel, buildings, shelters and matériel are entitled shall not cease unless they commit or are used to commit, out­ side their proper tasks, acts harmful to the enemy.

Protection may, however, cease only after a warning has been given set­ ting, whenever appropriate, a reasonable time­limit, and after such warning has remained unheeded.
The following shall not be considered as acts harmful to the enemy: (a) that civil defence tasks are carried out under the direc­ tion or control of military authorities; that civilian civil defence personnel co­operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence organizations; that the performance of civil defence tasks may inciden­ tally beneﬁt military victims, particularly those who are hors de combat.
(b) (c) It shall also not be considered as an act harmful to the en­ emy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order or for self­de­ fence.

However, in areas where land ﬁghting is taking place or is likely to take place, the Parties to the conﬂict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols or revolvers, in order to assist in distinguishing between civil defence personnel and combatants.
Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognised as such.

The formation of civilian civil defence organizations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter.

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268 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued Article 66 Identiﬁcation 1.
Each Party to the conﬂict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and matériel, are identiﬁable while they are exclusively devoted to the performance of civil defence tasks.

Shelters provided for the civilian population should be similarly identiﬁable.
Each Party to the conﬂict shall also endeavour to adopt and im­ plement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence person­ nel, buildings and matériel on which the international distinct­ ive sign of civil defence is displayed.
In occupied territories and in areas where ﬁghting is taking place or is likely to take place, civilian civil defence personnel should be recognizable by the international distinctive sign of civil defence and by an identity card certifying their status.

The international distinctive sign of civil defence is an equilat­ eral blue triangle on an orange ground when used for the pro­ tection of civil defence organizations, their personnel, build­ ings and matériel and for civilian shelters.
In addition to the distinctive sign, Parties to the conﬂict may agree upon the use of distinctive signals for civil defence iden­ tiﬁcation purposes.

The application of the provisions of paragraphs 1 to 4 is gov­ erned by Chapter V of Annex I to this Protocol.

In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be use for civil defence identiﬁcation purposes.
The High Contracting Parties and the Parties to the conﬂict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.

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269 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 9.

The identiﬁcation of civil defence medical and religious per­ sonnel, medical units and medical transports is also governed by Article 18.
Article 67 Members of the armed forces and military units assigned to civil defence organizations Members of the armed forces and military units assigned to civil defence organizations shall be respected and protected, provided that: (a) such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61; if so assigned, such personnel do not perform any other military duties during the conﬂict; such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil de­ fence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status; such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self­defence.
The provisions of Article 65, paragraph 3 shall also apply in this case; such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party; such personnel and such units perform their civil de­ fence tasks only within the national territory of their Party.

(b) (c) (d) (e) (f) 1.


270 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section I—continued 2.

3.

4.

The non­observance of the conditions stated in (e) above by any member of the armed forces who is bound by the condi­ tions prescribed in (a) and (b) above is prohibited.
Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prison­ ers of war.

In occupied territory they may, but only in the inter­ est of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided how­ ever that, if such work is dangerous, they volunteer for such tasks.
The buildings and major items of equipment and transports of military units assigned to civil defence organizations shall be clearly marked with the international distinctive sign of civil defence.

This distinctive sign shall be as large as appropriate.

The matériel and buildings of military units permanently as­ signed to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war.
They may not be diverted from their civil defence pur­ pose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population.
Section II—Relief in Favour of the Civilian Population Article 68 Field of application The provisions of this Section apply to the civilian population as deﬁned in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.
271 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section II—continued Article 69 Basic needs in occupied territories 1.
In addition to the duties speciﬁed in Article 55 of the Fourth Convention concerning food and medical supplies, the Occu­ pying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the pro­ vision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occu­ pied territory and objects necessary for religious worship.
Relief actions for the beneﬁt of the civilian population of oc­ cupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111, of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay.

2.

Article 70 Relief actions 1.


If the civilian population of any territory under the control of a Party to the conﬂict, other than occupied territory, is not ad­ equately provide with the supplies mentioned in Article 69, relief actions which are humanitarian and impartial in char­ acter and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions.
Offers of such relief shall not be re­ garded as interference in the armed conﬂict or as unfriendly acts.

In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privil­ eged treatment or special protection.
The Parties to the conﬂict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in ac­ cordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.

2.
2.

272 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section II—continued 3.

4.

5.
The Parties to the conﬂict and each High Contracting Party which allow the passage of relief consignments, equipment and personnel in accordance with paragraph 2: (a) shall have the right to prescribe the technical arrange­ ments, including search, under which such passage is permitted; (c) (b) may make such permission conditional on the distribu­ tion of this assistance being made under the local super­ vision of a Protecting Power; shall, in no way whatsoever, divert relief consignments from the purposes for which they are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned.
The Parties to the conﬂict shall protect relief consignments and facilitate their rapid distribution.

The Parties to the conﬂict and each High Contracting Party concerned shall encourage and facilitate effective international co­ordination of the relief actions referred to in paragraph 1.

Article 71 Personnel participating in relief actions 1.
Where necessary, relief personnel may form part of the assist­ ance provided in any relief action, in particular for the trans­ portation and distribution of relief consignments; the partici­ pation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.

Such personnel shall be respected and protected.


Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission.

Only in case of imperative military necessity may the activities of the re­ lief personnel be limited or their movements temporarily re­ stricted.

2.

3.
2.

3.

273 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section II—continued 4.

Under no circumstances may relief personnel exceed the terms of their mission under this Protocol.
In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties.

The mission of any of the personnel who do not respect these conditions may be terminated.
Section III—Treatment of Persons in the Power of A Party to the Conﬂict I Field of Application and Protection of Persons and Objects Article 72 Field of application The provisions of this Section are additional to the rules con­ cerning humanitarian protection of civilians and civilian ob­ jects in the power of a Party to the conﬂict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conﬂict.
Article 73 Refugees and stateless persons Persons who, before the beginning of hostilities, were con­ sidered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse distinction.
274 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued Article 74 Reunion of dispersed families The High Contracting Parties and the Parties to the conﬂict shall facilitate in every possible way the reunion of families dispersed as a result of armed conﬂicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conven­ tions and of this Protocol and in conformity with their respect­ ive security regulations.
Article 75 Fundamental guarantees 1.
In so far as they are affected by a situation referred to in Art­ icle 1 of this Protocol, persons who are in the power of a Party to the conﬂict and who do not beneﬁt from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, re­ ligion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.
Each Party shall respect the person, honour, convic­ tions and religious practices of all such persons.
The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) murder; torture of all kinds, whether physical or mental; corporal punishment; and violence to the life, health, or physical or mental well­ being of persons, in particular: (i) (ii) (iii) (iv) mutilation; outrages upon personal dignity, in particular humiliat­ ing and degrading treatment, enforced prostitution and any form of indecent assault; (b) 275 2.
Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued the taking of hostages; collective punishments; and threats to commit any of the foregoing acts.
(c) (d) (e) Any person arrested, detained or interned for actions related to the armed conﬂict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken.

Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay pos­ sible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.
No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conﬂict except pursuant to a conviction pronounced by an im­ partial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which in­ clude the following: (a) the procedure shall provide for an accused to be in­ formed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; no one shall be convicted of an offence except on the basis of individual penal responsibility; no one shall be accused or convicted of a criminal of­ fence on account of any act or omission which did not constitute a criminal offence under the national or inter­ national law to which he was subject at the time when it was committed; nor shall a heavier penalty be im­ posed than that which was applicable at the time when the criminal offence was committed; if, after the com­ mission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall bene­ ﬁt thereby; (b) (c) 3.
4.
276 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued (d) (e) (f) (g) (h) (i) (j) anyone charged with an offence is presumed innocent until proved guilty according to law; anyone charged with an offence shall have the right to be tried in his presence; no one shall be compelled to testify against himself or to confess guilt; anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of wit­ nesses on his behalf under the same conditions as wit­ nesses against him; no one shall be prosecuted or punished by the same Party for an offence in respect of which a ﬁnal judge­ ment acquitting or convicting that person has been pre­ viously pronounced under the same law and,judicial procedure; anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and a convicted person shall be advised on conviction of his judicial and other remedies and of the time­limits within which they may be exercised.
5.

Women whose liberty has been restricted for reasons related to the armed conﬂict shall be held in quarters separated from men’s quarters.

They shall be under the immediate supervision of women.

Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units.
Persons who are arrested, detained or interned for reasons re­ lating to the armed conﬂict shall enjoy the protection provided by this Article until their ﬁnal release, repatriation or re­estab­ lishment, even after the end of the armed conﬂict.

6.
6.

277 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued 7.

8.
In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against hu­ manity, the following principles shall apply: (a) persons who are accused of such crimes should be sub­ mitted for the purpose of prosecution and trial in accord­ ance with the applicable rules of international law; and any such persons who do not beneﬁt from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.
(b) No provision of this Article may be construed as limiting or in­ fringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.

II Measures in Favour of Women and Children 2.

Article 76 Protection of women 1.

Women shall be the object of special respect and shall be pro­ tected in particular against rape, forced prostitution and any other form of indecent assault.
Pregnant women and mothers having dependent infants who are arrested, detained or interned for reasons related to the armed conﬂict, shall have their cases considered with the ut­ most priority.

To the maximum extent feasible, the Parties to the conﬂict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conﬂict.

The 3.
The 3.

278 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued death penalty for such offences shall not be executed on such women.

Article 77 Protection of children 1.

Children shall be the object of special respect and shall be protected against any form of indecent assault.
The Parties to the conﬂict shall provide them with the care and aid they require, whether because of their age or for any other reason.

The Parties to the conﬂict shall take all feasible measures in order that children who have not attained the age of ﬁfteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces.
In recruiting among those persons who have attained the age of ﬁfteen years but who have not attained the age of eighteen years, the Parties to the conﬂict shall endeavour to give priority to those who are oldest.
If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of ﬁfteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to beneﬁt from the special protection accorded by this Article, whether or not they are prisoners of war.
If arrested, detained or interned for reasons related to the armed conﬂict, children shall be held in quarters separate from the quarters of adults, except where families are accom­ modated as family units as provided in Article 75, paragraph 5.

The death penalty for an offence related to the armed conﬂict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.

2.

3.

4.

5.
2.

3.

4.

5.

279 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued Article 78 Evacuation of children 1.
No Party to the conﬂict shall arrange for the evacuation of chil­ dren, other then its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in oc­ cupied territory, their safety, so require.

Where the parents or legal guardians can be found, their written consent to such evacuation is required.
If these persons cannot be found, the written consent to such evacuation of the persons who by law or custom are primarily responsible for the care of the chil­ dren is required.

Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party re­ ceiving the children and any Parties whose nationals are being evacuated.
In each case, all Parties to the conﬂict shall take all feasible precautions to avoid endangering the evacuation.

2.

Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity.

3.
3.

With a view to facilitating the return to their families and coun­ try of children evacuated pursuant to this Article, the author­ ities of the Party arranging for the evacuation and, as appropri­ ate, the authorities of the receiving country shall establish for each child a card with photographs, which they shall send to the Central Tracing Agency of the International Committee of the Red Cross.
Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the follow­ ing information: (a) (b) (c) surname(s) of the child; the child’s ﬁrst name(s); the child’s sex; 280 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) the place and date of birth (or, if that date is not known, the approximate age); the father’s full name; the mother’s full name and her maiden name; the child’s next­of­kin; the child’s nationally; the child’s native language, and any other languages he speaks; the address of the child’s family; any identiﬁcation number for the child; the child’s state of health; the child’s blood group; any distinguishing features; the date on which and the place where the child was found; the date on which and the place from which the child left the country; the child’s religion, if any; the child’s present address in the receiving country; should the child die before his return, the date, place and circumstances of death and place of interment.
III Journalists Article 79 Measures for protection for journalists 1.

Journalists engaged in dangerous professional missions in areas of armed conﬂict shall be considered as civilians within the meaning of Article 50, paragraph 1.

They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of 2.
281 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued IV—continued Section III—continued 3. war correspondents accredited to the armed forces to the status provided for in Article 4A(4) of the Third Convention.

They may obtain an identity card similar to the model in An­ nex II of this Protocol.
This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journal­ ist.

V Execution of the Conventions and of this Protocol Section 1—General Provisions Article 80 Measures for execution 1.
The High Contracting Parties and the Parties to the conﬂict shall without delay take all necessary measures for the execu­ tion of their obligations under the Conventions and this Proto­ col.

The High Contracting Parties and the Parties to the conﬂict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their exe­ cution.

2.
2.

Article 81 Activities of the Red Cross and other humanitarian organizations The Parties to the conﬂict shall grant to the International Com­ mittee of the Red Cross all facilities within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conﬂicts; the Inter­ national Committee of the Red Cross may also carry out any 1.
282 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section 1—continued other humanitarian activities in favour of these victims, sub­ ject to the consent of the Parties to the conﬂict concerned.
The Parties to the conﬂict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the fa­ cilities necessary for carrying out their humanitarian activities in favour of the victims of the conﬂict, in accordance with the provisions of the Conventions and this Protocol and the funda­ mental principles of the Red Cross as formulated by the Inter­ national Conferences of the Red Cross.
The High Contracting Parties and the Parties to the conﬂict shall facilitate in every possible way the assistance with Red Cross (Red Crescent, Red Lion and Sun) organizations and the League of Red Cross Societies extend to the victims of conﬂicts in accordance with the provisions of the Conventions and this Protocol and with the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.
The High Contracting Parties and the Parties to the conﬂict shall, as far as possible, make facilities similar to those men­ tioned in paragraphs 2 and 3 available to the other humani­ tarian organizations referred to in the Conventions and this Protocol which are duly authorized by the respective Parties to the conﬂict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol.

2.

3.

4.
Article 82 Legal advisers in armed forces The High Contracting Parties at all times, and the Parties to the conﬂict in time of armed conﬂict, shall ensure that legal advis­ ers are available, when necessary, to advise military comman­ ders at the appropriate level on the application of the Conven­ 283 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section 1—continued tions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject.
Article 83 Dissemination 1.

The High Contracting Parties undertake, in time of peace as in time of armed conﬂict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population.
Any military or civilian authorities who, in time of armed con­ ﬂict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.

2.
2.

Article 84 Rules of application The High Contracting Parties shall communicate to one an­ other, as soon as possible, through the depositary and, as ap­ propriate, through the Protecting Powers, their ofﬁcial transla­ tions of this Protocol, as well as the laws and regulations which they may adopt to ensure its application.

Section II—Repression of Breaches of the Conventions and of this Protocol Article 85 Repression of breaches of this Protocol 1.
The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.

Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the 2.

284 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble 3.
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and ship­ wrecked of the adverse Party who are protected by this Proto­ col, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol.
In addition to the grave breaches deﬁned in Article 11, the fol­ lowing acts shall be regarded as grave breaches of this Proto­ col, when committed wilfully, in violation of the relevant pro­ visions of this Protocol, and causing death or serious injury to body or health: (a) making the civilian population or individual civilians (b) (c) the object of attack; launching an indiscriminate attack affecting the civil­ ian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as deﬁned in Art­ icle 57, paragraph 2(a)(iii); launching an attack against works or installations con­ taining dangerous forces in the knowledge that such at­ tack will cause excessive loss of life, injury to civilians or damage to civilian objects, as deﬁned in Article 57, paragraph 2(a)(iii); (d) making non­defended localities and demilitarized zones the object of attack; (e) making a person the object of attack in the knowledge (f) that he is hors de combat; the perﬁdious use, in violation of Article 37, of the dis­ tinctive emblem of the red cross, red crescent or red lion and sun of other protective signs recognized by the Con­ ventions or this Protocol.
4.
In addition to the grave breaches deﬁned in the preceding para­ graphs and in the Conventions, the following shall be regarded 285 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol: (a) the transfer by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention; unjustiﬁable delay in repatriation of prisoners of war or civilians; practices of apartheid and other inhuman and degrad­ ing practices involving outrages upon personal dignity, based on racial discrimination; (b) (c) (d) making the clearly­recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the ad­ verse Party of Article 53, sub­paragraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives; depriving a person protected by the Conventions or re­ ferred to in paragraph 2 of this Article of the rights of fair and regular trial.
(e) 5.

Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

286 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued Article 86 Failure to act 1.
The High Contracting Parties and the Parties to the conﬂict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.
The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at that time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.

Article 87 Duty of commanders 1.


The High Contracting Parties and the Parties to the conﬂict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol.
In order to prevent and suppress breaches, High Contracting Parties and Parties to the conﬂict shall require that, commensu­ rate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol.
The High Contracting Parties and Parties to the conﬂict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as necessary to prevent such violations of 2.

2.

3.
2.

3.

287 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action against violators thereof.

Article 88 Mutual assistance in criminal matters 1.
The High Contracting Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.

Subject to the rights and obligations established in the Con­ ventions and in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the High Contracting Parties shall co­operate in the matter of extradition.
They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.

The law of the High Contracting Party requested shall apply in all cases.

The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mu­ tual assistance in criminal matters.

2.

3.
2.

3.

Article 89 Co­operation In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act, jointly or individually, in co­operation with the United Nations and in conformity with the United Nations Charter.

Article 90 International Fact­Finding Commission (a) An International Fact­Finding Commission (hereinafter referred to as the Commission) consisting of ﬁfteen 1.
288 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued members of high moral standing and acknowledged im­ partiality shall be established.
(b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commis­ sion pursuant to paragraph 2, the depositary shall then, and at intervals of ﬁve years thereafter, convene a meet­ ing of representatives of those High Contracting Parties for the purpose of electing the members of the Com­ mission.
At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which each of those High Contracting Parties may nominate one person.

The members of the Commission shall serve in their personal capacity and shall hold ofﬁce until the election of new members at the ensuing meeting.
(c) (e) (d) At the election, the High Contracting Parties, shall en­ sure that the persons to be elected to the Commission in­ dividually possess the qualiﬁcations required and that, in the Commission as a whole, equitable geographical representation is assured.

In the case of a casual vacancy, the Commission itself shall ﬁll the vacancy, having due regard to the provi­ sions of the preceding sub­paragraphs.
The depositary shall make available to the Commission the necessary administrative facilities for the perform­ ance of its functions.

(f) 2.
(a) The High Contracting Parties may at the time of sign­ ing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, 289 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued the competence of the Commission to enquire into alle­ gations by such other Party, as authorized by this Art­ icle.
The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties.

The Commission shall be competent to: (i) enquire into any facts alleged to be a grave breach as deﬁned in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol; facilitate, through its good ofﬁces, the restoration of an attitude of respect for the Conventions and this Protocol.
(ii) In other situations, the Commission shall institute an enquiry at the request of a Party to the conﬂict only with the consent of the other Party or Parties concerned.
Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of the First Convention, Art­ icle 53 of the Second Convention, Article 132 of the Third Convention and Article 149 of the Fourth Con­ vention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged vio­ lation of this Protocol.
Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken by a Chamber consisting of seven members appointed as follows:­ (i) ﬁve members of the Commission, not nationals of any Party to the conﬂict, appointed by the President of the Commission on the basis of eq­ uitable representation of the geographical areas, after consultation with the Parties to the conﬂict; (b) (c) (d) (e) (a) 3.
290 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued (ii) two ad hoc members, not nationals of any Party to the conﬂict, one to be appointed by each side.
(b) Upon receipt of the request for an enquiry, the President of the Commission shall specify an appropriate time limit for setting up a Chamber.

If any ad hoc member has not been appointed within the time limit, the Presi­ dent shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber.
(a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties to the conﬂict to assist it and to present evidence.

The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situation in loco.

(b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission.

Each Party shall have the right to challenge such evi­ dence.
(c) (a) (b) (c) The Commission shall submit to the Parties a report on the ﬁndings of fact of the Chamber, with such recom­ mendations as it may deem appropriate.

If the Chamber is unable to secure sufﬁcient evidence for factual and impartial ﬁndings, the Commission shall state the reasons for that inability.

The Commission shall not report its ﬁndings publicly, unless all the Parties to the conﬂict have requested the Commission to do so.

6.
6.

The Commission shall establish its own rules, including rules for the presidency of the Commission and the presidency of the Chamber.

Those rules shall ensure that the functions of 291 4.

5.
5.

Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued V—continued Section II—continued 7. the President of the Commission are exercised at all times and that, in the case of an enquiry, they are exercised by a person who is not a national of a Party to the conﬂict.
The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary con­ tributions.

The Party or Parties to the conﬂict requesting an enquiry shall advance the necessary funds for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations are made to the extent of ﬁfty percent of the costs of the Chamber.
Where there are counter­allegations before the Chamber each side shall advance ﬁfty percent of the necessary funds.

Article 91 Responsibility A Party to the conﬂict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation.

It shall be responsible for all acts committed by persons forming part of its armed forces.
VI Final Provisions Article 92 Signature This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.

Article 93 Ratiﬁcation This Protocol shall be ratiﬁed as soon as possible.

The instru­ ments of ratiﬁcation shall be deposited with the Swiss Federal Council, depositary of the Conventions.
292 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued VI—continued Article 94 Accession This Protocol shall be open for accession by an Party to the Conventions which has not signed it.

The instruments of ac­ cession shall be deposited with the depositary.

Article 95 Entry into force 1.

2.


This Protocol shall enter into force six months after two in­ struments of ratiﬁcation or accession have been deposited.

For each Party to the Conventions thereafter ratifying or ac­ ceding to this Protocol, it shall enter into force six months af­ ter the deposit by such Party of its instrument of ratiﬁcation or accession.

Article 96 Treaty relations upon entry into force of this Protocol 1.
When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

3.

2.

When one of the Parties to the conﬂict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations.

They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof.
The authority representing a people engaged against a High Contracting Party in an armed conﬂict of the type referred to in Article 1, paragraph 4, may undertake to apply the Con­ ventions and this Protocol in relation to that conﬂict by means of a unilateral declaration addressed to the depositary.
Such declaration shall, upon its receipt by the depositary, have in relation to that conﬂict the following effects: (a) the Conventions and this Protocol are brought into force for the said authority as a Party to the conﬂict with im­ mediate effect; 293 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued VI—continued (b) (c) the said authority assumes the same rights and obliga­ tions as those which have been assumed by a High Con­ tracting Party to the Conventions and this Protocol; and the Conventions and this Protocol are equally binding upon all parties to the conﬂict.
Article 97 Amendment 1.

Any High Contracting Party may propose amendments to this Protocol.

The text of any proposed amendment shall be com­ municated to the depositary, which shall decide, after con­ sultation with all the High Contracting Parties and the Inter­ national Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.
The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol.

2.

Article 98 Revision of Annex I 1.


Not later than four years after the entry into force of this Proto­ col and thereafter at intervals of not less than four years, the International Committee of the Red Cross shall consult the High Contracting Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting of tech­ nical experts to review Annex I and to propose such amend­ ments to it as may appear to be desirable.
Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one­third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organizations.

Such a meeting shall also be convened by the International Committee of the Red Cross at any time at the request of one­third of the High Contacting Parties.
294 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued VI—continued The depositary shall convene a conference of the High Con­ tracting Parties and the Parties to the Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the International Committee of the Red Cross or one­third of the High Contracting Parties so request.
Amendments to Annex I may be adopted at such a conference by a two­thirds majority of the High Contracting Parties pre­ sent and voting.

The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Con­ ventions.
The amendment shall be considered to have been accepted at the end of a period of one year after it has been so communicated, unless within that period a declaration of non­acceptance of the amendment has been communicated to the depositary by not less than one­third of the High Contract­ ing Parties.
An amendment considered to have been accepted in accord­ ance with paragraph 4 shall enter into force three months after its acceptance for all High Contracting Parties other than those which have made a declaration of non­acceptance in accord­ ance with that paragraph.

Any Party making such a declaration may at any time withdraw it and the amendment shall then en­ ter into force for that Party three months thereafter.
The depositary shall notify the High Contracting Parties and the Parties to the Conventions of the entry into force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of declarations of non­acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.

2.

3.

4.

5.

6.

Article 99 Denunciation 1.


In case a High Contracting Party should denounce this Proto­ col, the denunciation shall only take effect one year after re­ 295 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued VI—continued ceipt of the instrument of denunciation.
If, however, on the expiry of that year the denouncing Party is engaged in one of the situations referred to in Article 1, the denunciation shall not take effect before the end of the armed conﬂict or occu­ pation and not, in any case, before operations connected with the ﬁnal release, repatriation or re­establishment of the per­ sons protected by the Conventions or this Protocol have been terminated.
The denunciation shall be notiﬁed in writing to the depositary, which shall transmit it to all the High Contracting Parties.

The denunciation shall have effect only in respect of the de­ nouncing Party.

Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conﬂict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective.

2.

3.

4.
Article 100 Notiﬁcations The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: (a) signatures afﬁxed to this Protocol and the deposit of instruments of ratiﬁcation and accession under Articles 93 and 94; the date of entry into force of this Protocol under Article 95; communications and declarations received under Art­ icles 84, 90 and 97; declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and denunciations under Article 99.
(b) (c) (d) (e) 296 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conﬂicts (Protocol I)—continued VI—continued Article 101 Registration 1.
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

The depositary shall also inform the Secretariat of the United Nations of all ratiﬁcations, accessions and denunciations re­ ceived by it with respect to this Protocol.

2.
2.

Article 102 Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian, and Spanish texts are equally au­ thentic, shall be deposited with the depositary, which shall transmit certiﬁed true copies thereof to all the Parties to the Conventions.

[Here follow the Annexes.]

Schedule 6 Protocol II Schedules 5 and 6 were inserted, as from 10 July 1987, by section 7 Geneva Conventions Amendment Act 1987 (1987 No 144).
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II) Preamble The High Contracting Parties, 297 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued international Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of armed conﬂict not of an international character, Recalling furthermore that human rights offer a basic protection to the human person, Emphasizing the need to ensure a better protection for the victims of those armed conﬂicts, Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience, Have agreed on the following: instruments relating to I Scope of this Protocol Article 1 Material ﬁeld of application 1.
This Protocol, which develops and supplements Article 3 com­ mon to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conﬂicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conﬂicts (Protocol I) and which take place in the terri­ tory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and con­ certed military operations and to implement this Protocol.
This Protocol shall not apply to situations of internal distur­ bances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conﬂicts.

2.

298 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued I—continued Article 2 Personal ﬁeld of application 1.
This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, pol­ itical or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter re­ ferred to as adverse distinction) to all persons affected by an armed conﬂict as deﬁned in Article 1.
At the end of the armed conﬂict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conﬂict, as well as those deprived of their liberty or whose liberty is restricted after the conﬂict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty.

Article 3 Non­intervention 1.


Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re­estab­ lish law and order in the State or to defend the national unity and territorial integrity of the State.
Nothing in this Protocol shall be invoked as a justiﬁcation for intervening, directly or indirectly, for any reason whatever, in the armed conﬂict or in the internal or external affairs of the High Contracting Party in the territory of which that conﬂict occurs.

II Humane Treatment Article 4 Fundamental guarantees 1.
All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and 299 2.

2.

Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued II—continued convictions and religious practices.
They shall in all circum­ stances be treated humanely, without any adverse distinction.

It is prohibited to order that there shall be no survivors.

2.
Without prejudice to the generality of the foregoing, the fol­ lowing acts against the person referred to in paragraph 1 are and shall remain prohibited at any time and in any place what­ soever: (a) (b) (c) (d) (e) violence to the life, health and physical or mental well­ being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of cor­ poral punishment; collective punishments; taking of hostages; acts of terrorism; outrages upon personal dignity, in particular humiliat­ ing and degrading treatment, rape, enforced prostitution and any form of indecent assault; slavery and the slave trade in all their forms; pillage; threats to commit any of the foregoing acts.
(f) (g) (h) Children shall be provided with the care and aid they require, and in particular: (a) they shall receive an education, including religious and moral education, in keeping with the wishes of their par­ ents, or in the absence of parents, of those responsible for their care; all appropriate steps shall be taken to facilitate the re­ union of families temporarily separated; children who have not attained the age of ﬁfteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities; the special protection provided by this Article to chil­ dren who have not attained the age of ﬁfteen years shall remain applicable to them if they take a direct part (b) (c) (d) 3.
300 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued II—continued in hostilities despite the provisions of sub­paragraph (c) and are captured; (e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well­being.
Article 5 Persons whose liberty has been restricted 1.
In addition to the provisions of Article 4, the following provi­ sions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed con­ ﬂict, whether they are interned or detained: (a) (b) (c) (d) (e) the wounded and the sick shall be treated in accordance with Article 7; the persons referred to in this paragraph shall, to the same extent as the local civilian population, be pro­ vided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conﬂict; they shall be allowed to receive individual or collective relief; they shall be allowed to practice their religion and, if re­ quested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions; they shall, if made to work, have the beneﬁt of working conditions and safeguards similar to those enjoyed by the local civilian population.
2.
Those who are responsible for the internment or detention of the persons referred to in paragraph 1 shall also, within the 301 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued II—continued (b) (c) (d) (e) limits of their capabilities, respect the following provisions relating to such persons: (a) except when men and women of a family are accommo­ dated together, women shall be held in quarters separ­ ated from those of men and shall be under the immediate supervision of women; they shall be allowed to send and receive letters and cards, the number of which may be limited by compe­ tent authority if it deems necessary; places of internment and detention shall not be located close to the combat zone.
The persons referred to in paragraph 1 shall be evacuated when the places where they are interned or detained become particularly ex­ posed to danger arising out of the armed conﬂict, if their evacuation can be carried out under adequate conditions of safety; they shall have the beneﬁt of medical examinations; their physical or mental health and integrity shall not be endangered by any unjustiﬁed act or omission.
Accord­ ingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not in­ dicated by the state of health of the person concerned, and which is not consistent with the generally accepted medical standards applied to free persons under similar medical circumstances.
Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for reasons related to the armed conﬂict shall be treated humanely in accordance with Article 4 and with paragraphs 1(a), (c) and (d), and 2(b) of this Article.

If it is decided to release persons deprived of their liberty,ne­ cessary measures to ensure their safety shall be taken by those so deciding.

3.

4.
3.

4.

302 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued II—continued Article 6 Penal prosecutions 1.

2.

This Article applies to the prosecution and punishment of criminal offences related to the armed conﬂict.
No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guar­ antees of independence and impartiality.
In particular: (a) the procedure shall provide for an accused to be in­ formed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; no one shall be convicted of an offence except on the basis of individual penal responsibility; no one shall be held guilty of any criminal offence on ac­ count of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall beneﬁt thereby; anyone charged with an offence is presumed innocent until proved guilty according to law; anyone charged with an offence shall have the right to be tried in his presence; no one shall be compelled to testify against himself or to confess guilt.
(b) (c) (d) (e) (f) 3.

4.

A convicted person shall be advised on conviction of his ju­ dicial and other remedies and of the time­limits within which they may be exercised.
The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence 303 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued II—continued 5. and shall not be carried out on pregnant women or mothers of young children.
At the end of hostilities, the authorities in power shall endeav­ our to grant the broadest possible amnesty to persons who have participated in the armed conﬂict, or those deprived of their liberty for reasons related to the armed conﬂict, whether they are interned or detained.

III Wounded, Sick and Shipwrecked Article 7 Protection and care 1.

2.

All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conﬂict, shall be respected and protected.
In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least pos­ sible delay, the medical care and attention required by their condition.

There shall be no distinction among them founded on any grounds other then medical ones.
Article 8 Search Whenever circumstances permit, and particularly after an en­ gagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill­treatment, to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.

Article 9 Protection of medical and religious personnel 1.
Medical and religious personnel shall be respected and pro­ tected and shall be granted all available help for the perform­ ance of their duties.

They shall not be compelled to carry out 304 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued III—continued 2. tasks which are not compatible with their humanitarian mis­ sion.
In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds.

2.

3.

4.

2.

Article 10 General protection of medical duties 1.

Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person beneﬁting therefrom.
Persons engaged in medical activities shall neither be com­ pelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the beneﬁt of the wounded and sick, or this Protocol.

The professional obligations of persons engaged in medical activities regarding information which they may acquire con­ cerning the wounded and sick under their care shall, subject to national law, be respected.
Subject to national law, no person engaged in medical activ­ ities may be penalized in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care.

Article 11 Protection of medical units and transports 1.

Medical units and transports shall be respected and protected at all times and shall not be the object of attack.
The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function.

Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time­limit, and after such warning has remained unheeded.
305 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued III—continued Article 12 The distinctive emblem Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical trans­ ports.
It shall be respected in all circumstances.

It shall not be used improperly.

IV Civilian Population Article 13 Protection of the civilian population 1.

The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations.

To give effect to this protection, the following rules shall be observed in all circumstances.

The civilian population as such, as well as individual civilians, shall not be the object of attack.
Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

Civilians shall enjoy the protection afforded by this Part, un­ less and for such time as they take a direct part in hostilities.

2.

3.

Article 14 Protection of objects indispensable to the survival of the civilian population Starvation of civilians as a method of combat is prohibited.
It is therefore prohibited to attack, destroy, remove or ren­ der useless, for that purpose, objects indispensable to the sur­ vival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drink­ ing water installations and supplies and irrigation works.
306 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued IV—continued Article 15 Protection of works and installations containing dangerous forces Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.
Article 16 Protection of cultural objects and of places of worship Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conﬂict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.

Article 17 Prohibition of forced movement of civilians 1.
The displacement of the civilian population shall not be ordered for reasons related to the conﬂict unless the security of the civilians involved or imperative military reasons so demand.

Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.
Civilians shall not be compelled to leave their own territory for reasons connected with the conﬂict.

2.
2.

Article 18 Relief societies and relief actions 1 Relief societies located in the territory of the High Contract­ ing Party, such as Red Cross (Red Crescent, Red Lion and 307 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued IV—continued 2.
Sun) organizations, may offer their services for the perform­ ance of their traditional functions in relation to the victims of the armed conﬂict.

The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.
If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as food­ stuffs and medical supplies, relief actions for the civilian popu­ lation which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinc­ tion shall be undertaken subject to the consent of the High Contracting Party concerned.

V Final Provisions Article 19 Dissemination This Protocol shall be disseminated as widely as possible.
Article 20 Signature This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.

Article 21 Ratiﬁcation This Protocol shall be ratiﬁed as soon as possible.

The instru­ ments of ratiﬁcation shall be deposited with the Swiss Federal Council, depositary of the Conventions.

Article 22 Accession This Protocol shall be open for accession by any Party to the Conventions which has not signed it.
The instruments of ac­ cession shall be deposited with the depositary.

308 Reprinted as at 10 September 2007 Geneva Conventions Act 1958 Preamble Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued V—continued Article 23 Entry into force 1.

This Protocol shall enter into force six months after two in­ struments of ratiﬁcation or accession have been deposited.
For each Party to the Conventions thereafter ratifying or ac­ ceding to this Protocol, it shall enter into force six months af­ ter the deposit by such Party of its instrument of ratiﬁcation or accession.

Article 24 Amendment 1.

Any High Contracting Party may propose amendments to this Protocol.
The text of any proposed amendment shall be com­ municated to the depositary which shall decide, after con­ sultation with all the High Contracting Parties and the Inter­ national Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.

The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol.

Article 25 Denunciation 1.


In case a High Contracting Party should denounce this Proto­ col, the denunciation shall only take effect six months after receipt of the instrument of denunciation.

If, however, on the expiry of six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conﬂict.
Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons related to the conﬂict shall nevertheless continue to beneﬁt from the provisions of this Protocol until their ﬁnal release.

The denunciation shall be notiﬁed in writing to the depositary, which shall transmit it to all the High Contracting Parties.

2.

2.

2.
309 Preamble Geneva Conventions Act 1958 Reprinted as at 10 September 2007 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non­International Armed Conﬂicts (Protocol II)—continued V—continued Article 26 Notiﬁcations The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: (a) signatures afﬁxed to this Protocol and the deposit of instruments of ratiﬁcation and accession under Articles 21 and 22; the date of entry into force of this Protocol under Article 23; and communications and declarations received under Art­ icle 24.
(b) (c) Article 27 Registration 1.

After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

The depositary shall also inform the Secretariat of the United Nations of all ratiﬁcations and accessions received by it with respectm to this Protocol.

2.
2.

Article 28 Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts, are equally authentic shall be deposited with the depositary, which shall transmit certiﬁed true copies thereof to all the Parties to the Conventions.

310