## Of War Documentary Supplement

INTERNATIONAL AND O PERATIONAL LAW D EPARTMENT
The United States Army Judge Advocate General's Legal Center and School
2010
Charlottesville, V
A



This new version of the Documentary Supplement adds a few new sources as it deletes some others. The additions and deletions should not be looked upon as our assessment of the relative importance of either. All applicable treaties, law, and other regulations are equally important to the extent that they apply to an issue at hand; in attempting to compile a book of reasonable length, the difficulty is in deciding which sources apply to enough issues to warrant inclusion. Our standard here is simply this: as part of our plenary instruction, do we as instructors refer explicitly to such a source, with the expectation that students will have to actually read its various portions? Our focus on plenary instruction permits us to produce a document for general and repeated use; instruction in specialty subjects may involve its own set of supporting documents. The second aspect of the standard is critical, as our model of instruction places a premium on students digging into the treaties themselves in order to build their understanding.



Most notably, we have included that portion of Army Regulation 190-8 that includes guidance on the conduct of GC III Article 5 Tribunals. It is the only extract we offer, but it is impractical to include the entire lengthy regulation. We include any portion with trepidation, as a new version AR 190-8 is expected to be reissued soon, which will force a further update of this supplement. Nevertheless, it is a risk worth taking given the importance of AR 190-8 to our current instruction.


Please send your comments or suggestions to us at TJAGLCS, International and Operational Law Department, Attention: Documentary Supplement Editor, 600 Massie Road, Charlottesville, Virginia 22903-1781. To gain more detailed information or to discuss an issue with the editors, contact us at either DSN 521-3370; Commercial (434) 971 3370; or john.harlow2@us.army.mil.



Brian J. Bill J. Porter Harlow


CAPT, JAGC, USN
Lieutenant Colonel, U.S. Marine Corps


Co-Editor Co-Editor

## Table Of C**Ontents**

Charter of the United Nations, San Francisco, 26 June 1945 ........1


Statute of the International Court of Justice ........16


United Nations General Assembly Resolution 3314 (XXIX). Definition of Aggression, 14 December


1974, New York ........24


Convention (III) relative to the Opening of Hostilities. The Hague, 18 October 1907........26



Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation


concerning the Laws and Customs of War on Land. The Hague, 18 October 1907........28


Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on



Land, The Hague, 18 October 1907 ........36


Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of


Bacteriological Methods of Warfare. Geneva, 17 June 1925 ........39


Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14


May 1954........40


Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological


(Biological) and Toxin Weapons and on Their Destruction, 10 April 1972, Washington, London, and Moscow ........53


Executive Order 11850, Renunciation of Certain Uses in War of Chemical Herbicides And Riot



Control Agents, 8 April 1975 ........56



Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May



be Deemed to be Excessively Injurious or to Have Indiscriminate Effects. Geneva, 10 October 1980 (CCW) ........57


Amendment to Article 1 of the Convention on Prohibitions or Restrictions on the Use of Certain



Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) ........61


Protocol on Non-Detectable Fragments (Protocol I). Geneva, 10 October 1980........62


Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices


(Protocol II). Geneva, 10 October 1980 ........63


Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as


amended on 3 May 1996 (Protocol II as amended on 3 May 1996)........66



Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10


October 1980 ........75


Protocol on Blinding Laser Weapons (Protocol IV), 13 October 1995 ........76


Protocol on Explosive Remnants of War (Protocol V), 28 November 2003 ........77


Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical


Weapons and on Their Destruction, Paris, 13 January 1993 (CWC) ........83


Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel


Mines and on their Destruction, 18 September 1997 ........ 102


Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed


Forces in the Field of August 12, 1949, Geneva (GC I)........ 110



Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked


Members of Armed Forces at Sea of August 12, 1949, Geneva (GC II)........ 123



Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949, Geneva,



(GC III) ........ 133


Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War of August 12,



1949, Geneva, (GC IV) ........ 166


Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of



Victims of International Armed Conflicts (Protocol I), 8 June 1977 ........ 197



Protocol I as an expression of customary international law ........ 232



More Authorities on the Customary International Law in Additional Protocols I and II ........ 236



Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of



Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977........ 237



Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of



an Additional Distinctive Emblem (Protocol III)........ 243


Field Manual 27-10, The Law of Land Warfare, July 1956........ 247


Department of Defense Directive 2311.01E, DoD Law of War Program, 9 May 2006........ 396



Department of Defense Directive 2310.01E, DoD Detainee Program, 5 September 2006 ........ 402



Army Regulation 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other


Detainees, 1 October 1997 (extract)........ 408



Executive Order 12333, United States Intelligence Activities, 4 December 1981 ........ 414



Vienna Convention on the Law of Treaties, 23 May 1969........ 428


Letter of Transmittal - Vienna Convention on the Law of Treaties, 22 November 1961........ 445



Universal Declaration of Human Rights ........ 452


International Covenant of Civil and Politcal Rights........ 455


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 26


June 1987 ........ 466


Rome Statute of the International Criminal Court, 17 July 1998 ........ 474


Index........ 516

## Treaty Signatories And Ratifications

Treaty/Convention
U. S.
Signed


Charter of the United Nations
X
X
192


Convention (III) Relative to the Opening of Hostilities
X
X
34



Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation concerning the Laws and Customs of War on Land


Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land
X
X
32



Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925.



Convention for the Protection of Cultural Property in the Event of Armed Conflict, 14 May 1954.
X
X
123


Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction



Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW)

Amendment to Article I of the CCW
X
X
73



Protocol on Non-Detectable Fragments (CCW Protocol I)
X
X
111



Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (CCW Protocol II)
X
X
X
93



Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (CCW Amended Protocol II)


Protocol on Prohibitions or Restrictions on the Use of
Incendiary Weapons (CCW Protocol III)
X
X
X
106


Protocol on Blinding Laser Weapons (Protocol IV)
X
X
95


Protocol on Explosive Remnants of War (Protocol V)
X
X
66


Chemical Weapons Convention, 1993
X
X
X
188


Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction


Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed Forces in the Field
X
X
194



Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea



Geneva Convention (III) Relative to the Treatment of Prisoners of War
X
X
194


U.S.


Ratified

U.S. Reservation/
Understanding *

States
Party


X
X
35


X
X
X
136


X
X
X
163


X
X
X
111


X
X
X
93


156
X
X
194


| U.S.                                                             |          |     |     |
|------------------------------------------------------------------|----------|-----|-----|
| Treaty/Convention                                                |          |     |     |
| U. S.                                                            |          |     |     |
| Signed                                                           |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
|                                                                  | Ratified |     |     |
| U.S. Reservation/                                                |          |     |     |
| Understanding *                                                  |          |     |     |
| States                                                           |          |     |     |
| Party                                                            |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
| Persons in Time of War                                           |          |     |     |
| X                                                                | X        | X   | 194 |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
| Protocol Additional to the Geneva Conventions of 12 August       |          |     |     |
| 1949, and relating to the Protection of Victims of International |          |     |     |
| Armed Conflicts (Additional Protocol I)                          |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
| Protocol Additional to the Geneva Conventions of 12 August       |          |     |     |
| 1949, and Relating to the Protection of Victims of Non-          |          |     |     |
| International Armed Conflicts (Additional Protocol II)           |          |     |     |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
| Protocol additional to the Geneva Conventions of 12 August       |          |     |     |
| 1949, and relating to the Adoption of an Additional Distinctive  |          |     |     |
| Emblem (Protocol III)                                            |          |     |     |
| Vienna Convention on the Law of Treaties                         | X        | 111 |     |
| International Covenant on Civil and Political Rights             | X        | X   | X   |
|                                                                  |          |     |     |
| Degrading Treatment                                              |          |     |     |
| X                                                                | X        | X   | 146 |
|                                                                  |          |     |     |
|                                                                  |          |     |     |
| Rome Statute of the International Criminal Court                 | X        |     |     |
|                                                                 |          |     |     |
| 111                                                              |          |     |     |
| Chart current as of 12 May 2010                                  |          |     |     |

* The text of the Reservation, etc., is re-printed following the treaty text.



 On May 6, 2002, the United States informed the Secretary General that it does not intend to become a party to the treaty. Accordingly, the United States asserts that no legal obligations arise from its December 31, 2000 signature to the treaty.



For more detailed information, as well as links to the reservations that the U.S. and other countries have made, go to the ICRC website at http://www.icrc.org/ihl.nsf/INTRO?OpenView.

U. S.
Signed


X
X
N/A
192

## Charter Of The U**Nited** N**Ations** Preamble



WE THE PEOPLES OF THE UNITED NATIONS DETERMINED



to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and



to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

|    |     |     |     |     |     |     |
|----|-----|-----|-----|-----|-----|-----|
|    |     |     |     |     |     |     |

to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and


to promote social progress and better standards of life in large freedom,

## And For These Ends



to practice tolerance and live together in peace with one another as good neighbors, and


to unite our strength to maintain international peace and security, and


to ensure by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and



to employ international machinery for the promotion of the economic and social advancement of all peoples,


HAVE RESOLVED TO COMBINE OUR EFFORTS
TO ACCOMPLISH THESE AIMS



Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.



## Chapter I Purposes And Principles Article 1

The Purposes of the United Nations are:

| U.S.     |     | U.S. Reservation/    |     |     |
|----------|-----|----------------------|-----|-----|
| Ratified |     | Understanding        |     |     |
| States   |     |                      |     |     |
| Party    |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

|     |     |     |     |     |     |     |     |
|-----|-----|-----|-----|-----|-----|-----|-----|
|     |     |     |     |     |     |     |     |
|     |     |     |     |     |     |     |     |

2. To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to strengthen universal peace;


|     |     |     |     |      |     |
|-----|-----|-----|-----|------|-----|
|     |     |     |     |      |     |
|     |     |     |     |      |     |
|     |     |     |     |      |     |
|     |     |     |     |      |     |

3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and



4. To be a center for harmonizing the actions of nations in the attainment of these common ends.



The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.



1. The Organization is based on the principle of the sovereign equality of all its Members.



2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.



3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.



4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.



5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.



6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.



7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.


## Chapter Ii Membership Article 3



The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.


1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.



2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.



A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.



A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.


## Chapter Iii Organs Article 7



1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.



2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.



The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.


## Chapter Iv The General Assembly Article 9 Composition



1. The General Assembly shall consist of all the Members of the United Nations.



2. Each member shall have not more than five representatives in the General Assembly.



## Article 10 Functions And Powers



The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.



1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.



2. The General Assembly may discuss any questions relating to the maintenance of international peace and



security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.


3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.



4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.



1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.



2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.



1. The General Assembly shall initiate studies and make recommendations for the purpose of:



a.

promoting international cooperation in the


political field and encouraging the progressive development of international law and its codification;



b. promoting international cooperation in the


economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.



2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1(b) above are set forth in Chapters IX and X.



Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which



it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.



1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.



2. The General Assembly shall receive and consider reports from the other organs of the United Nations.



The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.



1. The General Assembly shall consider and approve the budget of the Organization.



2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.



3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.


## Article 18 Voting



1. Each member of the General Assembly shall have one vote.



2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.



3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.



A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.


## Article 20 Procedure



The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.



The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.



The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.



## Chapter V The Security Council Article 23 Composition



1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the



Organization, and also to equitable geographical distribution.



2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re election.



3. Each member of the Security Council shall have one representative.


## Article 24 Functions And Powers



1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.



2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.



3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.



The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.



In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.


## Article 27 Voting



1. Each member of the Security Council shall have one vote.



2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.



3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.



## Article 28 Procedure



1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.



2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.



3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.



The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.



The Security Council shall adopt its own rules of procedure, including the method of selecting its President.



Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.



Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.


## Chapter Vi Pacific Settlement Of Disputes Article 33



1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.



2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.



The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.



1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.



2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.



3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.



1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.



2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.



3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in



accordance with the provisions of the Statute of the Court.



1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.



2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.



Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.



## Chapter Vii Action With Respect To Threats To The Peace, Breaches Of The Peace, And Acts Of Aggression Article 39



The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.



In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.



The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial



interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.



Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.



1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.



2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.



3. The agreement or agreements shall be



negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.



When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.



In order to enable the United Nations to take urgent military measures Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security



Council with the assistance of the Military Staff Committee.



Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.



1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.



2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.



3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.



4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.



1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.



2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.



The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.



If preventive or enforcement measures against any state are taken by the Security Council, any other state,



whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.



Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.


## Chapter Viii Regional Arrangements Article 52



1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.



2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.



3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.



4. This Article in no way impairs the application of Articles 34 and 35.



1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as



defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part. of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.



2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.



The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.


## Chapter Ix International Economic And Social Co- Operation Article 55



With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:


a.

higher standards of living, full employment,


and conditions of economic and social progress and development;


b. solutions of international economic, social,


health, and related problems; and international cultural and educational co-operation; and


c.

universal respect for, and observance of,


human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.



All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55.



1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into



relationship with the United Nations in accordance with the provisions of Article 63.



2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.



The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.



The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.



Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.



## Chapter X The Economic And Social Council Article 61 Composition



1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.



2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.



3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twentyseven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.



4. Each member of the Economic and Social Council shall have one representative.


## Article 62 Connection With The Carrying Out Of The Recommendations Of The General Assembly. Functions And Powers



1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.



2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.



3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.



4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.



1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.



2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.



1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.



2. It may communicate its observations on these reports to the General Assembly .



The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.



1. The Economic and Social Council shall perform such functions as fall within its competence in



2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.



3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.



## Article 67 Voting



1. Each member of the Economic and Social Council shall have one vote.



2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.


## Article 68 Procedure



The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.


The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.



The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.



The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.


## Article 72 Article 74



1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.



2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.



## Chapter Xi Declaration Regarding Non-Self-Governing Territories Article 73



Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:



a.

to ensure, with due respect for the culture of


the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;



b. to develop self-government, to take due



account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;


c.

to further international peace and security;


d. to promote constructive measures of



development, to encourage research, and to cooperate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and



e.

to transmit regularly to the Secretary-General



for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapter XII and XIII apply.



Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of goodneighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.


## Chapter Xii International Trusteeship System Article 75



The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.



The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:



a.
to further international peace and security;

b. to promote the political, economic, social, and



educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;


c.

to encourage respect for human rights and for



fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and



d. to ensure equal treatment in social, economic,



and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.



1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:


a.
territories now held under mandate;


b. territories which may be detached from enemy states as a result of the Second World War, and



c.

territories voluntarily placed under the system by states responsible for their administration.



2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.



The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.



The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.



1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.



2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.



The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.



There may be designated, in any trusteeship agreement, a strategic area or areas which may include part. or all of the trust territory to which the agreement applies,



without prejudice to any special agreement or agreements made under Article 43.



1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.



2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.



3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political. economic, social, and educational matters in the strategic areas.



It shall be the duty of the administering authority to ensure that the trust territory shall play its part. in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory.



1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.



2. The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.



## Chapter Xiii The Trusteeship Council Article 86 Composition



1. The Trusteeship Council shall consist of the following Members of the United Nations:

a.
those Members administering trust territories;


b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and


c.

as many other Members elected for three-year



terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.



2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.



## Article 87 Functions And Powers



The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:


a.

consider reports submitted by the administering authority;


b. accept petitions and examine them in consultation with the administering authority;



c.

provide for periodic visits to the respective



trust territories at times agreed upon with the administering authority; and



d. take these and other actions in conformity with the terms of the trusteeship agreements.



The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.


## Article 89 Voting



1. Each member of the Trusteeship Council shall have one vote.


2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.



## Article 90 Procedure



1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.



2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.



The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.


## Chapter Xiv The International Court Of Justice Article 92



The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part. of the present Charter.



1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.



2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.


1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.



2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.



Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.



## Article 96 Article 101



1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.


2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.


## Chapter Xv The Secretariat Article 97



The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.



The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.



The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.



1. In the performance of their duties the Secretary- General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.



2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities .



1. The staff shall be appointed by the Secretary- General under regulations established by the General Assembly.



2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part. of the Secretariat.



3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.



## Chapter Xvi Miscellaneous Provisions Article 102



1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.



2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.



In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.



The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.



1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.



2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary


for the independent exercise of their functions in connection with the Organization.



3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.


## Chapter Xvii Transitional Security Arrangements Article 106



Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.



Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.


## Chapter Xviii Amendments Article 108



Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.



1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the



General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.



2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.

3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.



## Chapter Xix Ratification And Signature Article 110



1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.



2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.



3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.



4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.



The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that



Government to the Governments of the other signatory states.



IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.



DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

## S**Tatute Of The** International C**Ourt Of** J**Ustice** Article 1



The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.


## Chapter I Organization Of The Court Article 2



The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.



1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state.



2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.



1. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.



2. In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.



3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special



agreement, be laid down by the General Assembly upon recommendation of the Security Council.



1. At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court.



2. No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled.



Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.



1. The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible.


2. The Secretary-General shall submit this list to the General Assembly and to the Security Council.



The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court.



At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured.



1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.



2. Any vote of the Security Council, whether for the election of judges or for the appointment of members of the conference envisaged in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.



3. In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected.



If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place.



1. If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of six members, three appointed by the General Assembly and three by the Security Council, may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the Security Council for their respective acceptance.



2. If the joint conference is unanimously agreed upon any person who fulfills the required conditions, he may be included in its list, even though he was not included in the list of nominations referred to in Article 7.



3. If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council.



4. In the event of an equality of votes among the judges, the eldest judge shall have a casting vote.



1. The members of the Court shall be elected for nine years and may be re-elected; provided, however, that of the judges elected at the first election, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years.



2. The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed.



3. The members of the Court shall continue to discharge their duties until their places have been



filled. Though replaced, they shall finish any cases which they may have begun.



4. In the case of the resignation of a member of the Court, the resignation shall be addressed to the President of the Court for transmission to the Secretary-General. This last notification makes the place vacant.



Vacancies shall be filled by the same method as that laid down for the first election subject to the following provision: the Secretary-General shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the election shall be fixed by the Security Council.



A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.



1. No member of the Court may exercise any political or administrative function, or engage in any other occupation of a professional nature.



2. Any doubt on this point shall be settled by the decision of the Court.


1. No member of the Court may act as agent, counsel, or advocate in any case.



2. No member may participate in the decision of any case in which he has previously taken part. as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity.



3. Any doubt on this point shall be settled by the decision of the Court.



1. No member of the Court can be dismissed unless, in the unanimous opinion of the other members, he has ceased to fulfill the required conditions.



2. Formal notification thereof shall be made to the Secretary-General by the Registrar.


3. This notification makes the place vacant.

## Article 19 Article 25



The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities.



Every member of the Court shall, before taking up his duties, make a solemn declaration in open court that he will exercise his powers impartially and conscientiously.



1. The Court shall elect its President and Vice- President for three years; they may be re-elected.



2. The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.



1. The seat of the Court shall be established at The Hague. This, however, shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable.



2. The President and the Registrar shall reside at the seat of the Court.


1. The Court shall remain permanently in session, except during the judicial vacations, the dates and duration of which shall be fixed by the Court.



2. Members of the Court are entitled to periodic leave, the dates and duration of which shall be fixed by the Court, having in mind the distance between The Hague and the home of each judge.


3. Members of the Court shall be bound, unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the President, to hold themselves permanently at the disposal of the Court.



1. If, for some special reason, a member of the Court considers that he should not take part. in the decision of a particular case, he shall so inform the President.


2. If the President considers that for some special reason one of the members of the Court should not sit in a particular case, he shall give him notice accordingly.



3. If in any such case the member Court and the President disagree, the matter shall be settled by the decision of the Court.



1. The full Court shall sit except when it is expressly provided otherwise in the present Statute.



2. Subject to the condition that the number of judges available to constitute the Court is not thereby reduced below eleven, the Rules of the Court may provide for allowing one or more judges, according to circumstances and in rotation, to be dispensed from sitting.



3. A quorum of nine judges shall suffice to constitute the Court.



1. The Court may from time to time form one or more chambers, composed of three or more judges as the Court may determine, for dealing with particular categories of cases; for example, labour cases and cases relating to transit and communications.



2. The Court may at any time form a chamber for dealing with a particular case. The number of judges to constitute such a chamber shall be determined by the Court with the approval of the parties.



3. Cases shall be heard and determined by the chambers provided for in this article if the parties so request.



A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court.


The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions elsewhere than at The Hague.



With a view to the speedy dispatch of business, the Court shall form annually a chamber composed of five judges which, at the request of the parties, may hear and determine cases by summary procedure. In addition, two judges shall be selected for the purpose of replacing judges who find it impossible to sit.



1. The Court shall frame rules for carrying out its functions. In particular, it shall lay down rules of procedure.



2. The Rules of the Court may provide for assessors to sit with the Court or with any of its chambers, without the right to vote.



Article 31
and the Registrar shall have their traveling expenses refunded.

1. Judges of the nationality of each of the parties shall retain their right to sit in the case before the
8. The above salaries, allowances, and compensation



Court.

shall be free of all taxation.



2. If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge. Such person shall be chosen preferably from among those persons who have been nominated as candidates as provided in Articles 4 and 5.



3. If the Court includes upon the Bench no judge of the nationality of the parties, each of these parties may proceed to choose a judge as provided in paragraph 2 of this Article.



4. The provisions of this Article shall apply to the case of Articles 26 and 29. In such cases, the President shall request one or, if necessary, two of the members of the Court forming the chamber to give place to the members of the Court of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the judges specially chosen by the parties.



5. Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be reckoned as one party only. Any doubt upon this point shall be settled by the decision of the Court.



6. Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article shall fulfil the conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of the present Statute. They shall take part. in the decision on terms of complete equality with their colleagues.



1. Each member of the Court shall receive an annual salary.



2. The President shall receive a special annual allowance.



3. The Vice-President shall receive a special allowance for every day on which he acts as President.



4. The judges chosen under Article 31, other than members of the Court, shall receive compensation for each day on which they exercise their functions.


5. These salaries, allowances, and compensation shall be fixed by the General Assembly. They may not be decreased during the term of office.



6. The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.



7. Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court



The expenses of the Court shall be borne by the United Nations in such a manner as shall be decided by the General Assembly.


## Chapter Ii Competence Of The Court Article 34



1. Only states may be parties in cases before the Court.



2. The Court, subject to and in conformity with its Rules, may request of public international organizations information relevant to cases before it, and shall receive such information presented by such organizations on their own initiative.



3. Whenever the construction of the constituent instrument of a public international organization or of an international convention adopted thereunder is in question in a case before the Court, the Registrar shall so notify the public international organization concerned and shall communicate to it copies of all the written proceedings.



1. The Court shall be open to the states parties to the present Statute.



2. The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.



3. When a state which is not a Member of the United Nations is a party to a case, the Court shall fix the amount which that party is to contribute towards the expenses of the Court. This provision shall not apply if such state is bearing a share of the expenses of the Court



1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.



2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:



a.
the interpretation of a treaty;


b. any question of international law;



c.

the existence of any fact which, if established,



would constitute a breach of an international obligation;



d. the nature or extent of the reparation to be made for the breach of an international obligation.


3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part. of several or certain states, or for a certain time.



4. Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.



5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms.



6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.



Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the League of Nations, or to the Permanent Court of International Justice, the matter shall, as between the parties to the present Statute, be referred to the International Court of Justice.



1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:



a.

international conventions, whether general or


particular, establishing rules expressly recognized by the contesting states;



b. international custom, as evidence of a general practice accepted as law;


c.

the general principles of law recognized by civilized nations;



d. subject to the provisions of Article 59, judicial


decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.



2. This provision shall not prejudice the power of the Court to decide a case *ex aequo et bono*, if the parties agree thereto.


## Chapter Iii Procedure Article 39



1. The official languages of the Court shall be French and English. If the parties agree that the case shall be conducted in French, the judgment shall be delivered in French. If the parties agree that the case shall be conducted in English, the judgment shall be delivered in English.



2. In the absence of an agreement as to which language shall be employed, each party may, in the pleadings, use the language which it prefers; the decision of the Court shall be given in French and English. In this case the Court shall at the same time determine which of the two texts shall be considered as authoritative.



3. The Court shall, at the request of any party, authorize a language other than French or English to be used by that party.


1. Cases are brought before the Court, as the case may be, either by the notification of the special agreement or by a written application addressed to the Registrar. In either case the subject of the dispute and the parties shall be indicated.



2. The Registrar shall forthwith communicate the application to all concerned.



3. He shall also notify the Members of the United Nations through the Secretary-General, and also any other states entitled to appear before the Court.



1. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party.



2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council

## Article 42 Article 48

1. The parties shall be represented by agents.



2. They may have the assistance of counsel or advocates before the Court.



3. The agents, counsel, and advocates of parties before the Court shall enjoy the privileges and immunities necessary to the independent exercise of their duties.



1. The procedure shall consist of two parts: written and oral.



2. The written proceedings shall consist of the communication to the Court and to the parties of memorials, counter-memorials and, if necessary, replies; also all papers and documents in support.



3. These communications shall be made through the Registrar, in the order and within the time fixed by the Court.



4. A certified copy of every document produced by one party shall be communicated to the other party.



5. The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel, and advocates.



1. For the service of all notices upon persons other than the agents, counsel, and advocates, the Court shall apply direct to the government of the state upon whose territory the notice has to be served.



2. The same provision shall apply whenever steps are to be taken to procure evidence on the spot.



The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President; if neither is able to preside, the senior judge present shall preside.



The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted.



1. Minutes shall be made at each hearing and signed by the Registrar and the President.



2. These minutes alone shall be authentic.



The Court shall make orders for the conduct of the case, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.



The Court may, even before the hearing begins, call upon the agents to produce any document or to supply any explanations. Formal note shall be taken of any refusal.



The Court may, at any time, entrust any individual, body, bureau, commission, or other organization that it may select, with the task of carrying out an enquiry or giving an expert opinion.



During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30.



After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to accept any further oral or written evidence that one party may desire to present unless the other side consents.



1. Whenever one of the parties does not appear before the Court, or fails to defend its case, the other party may call upon the Court to decide in favour of its claim.


2. The Court must, before doing so, satisfy itself, not only that it has jurisdiction in accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.



1. When, subject to the control of the Court, the agents, counsel, and advocates have completed their presentation of the case, the President shall declare the hearing closed.



2. The Court shall withdraw to consider the judgment.



3. The deliberations of the Court shall take place in private and remain secret.



1. All questions shall be decided by a majority of the judges present.


2. In the event of an equality of votes, the President or the judge who acts in his place shall have a casting vote.



1. The judgment shall state the reasons on which it is based.



2. It shall contain the names of the judges who have taken part. in the decision.



If the judgment does not represent in whole or in part. the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.



The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the agents.



The decision of the Court has no binding force except between the parties and in respect of that particular case.



The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.



1. An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.



2. The proceedings for revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.



3. The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.



4. The application for revision must be made at latest within six months of the discovery of the new fact.



5. No application for revision may be made after the lapse of ten years from the date of the judgment.


l.

Should a state consider that it has an interest of a



legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene.



2. It shall be for the Court to decide upon this request.



1. Whenever the construction of a convention to which states other than those concerned in the case are parties is in question, the Registrar shall notify all such states forthwith.


2. Every state so notified has the right to intervene in the proceedings; but if it uses this right, the construction given by the judgment will be equally binding upon it.



Unless otherwise decided by the Court, each party shall bear its own costs.


## Chapter Iv Advisory Opinions Article 65


1. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.



2. Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied by all documents likely to throw light upon the question.


1. The Registrar shall forthwith give notice of the request for an advisory opinion to all states entitled to appear before the Court.



2. The Registrar shall also, by means of a special and direct communication, notify any state entitled to appear before the Court or international organization considered by the Court, or, should it not be sitting, by



the President, as likely to be able to furnish information on the question, that the Court will be prepared to receive, within a time limit to be fixed by the President, written statements, or to hear, at a public sitting to be held for the purpose, oral statements relating to the question.



3. Should any such state entitled to appear before the Court have failed to receive the special communication referred to in paragraph 2 of this Article, such state may express a desire to submit a written statement or to be heard; and the Court will decide.


4. States and organizations having presented written or oral statements or both shall be permitted to comment on the statements made by other states or organizations in the form, to the extent, and within the time limits which the Court, or, should it not be sitting, the President, shall decide in each particular case. Accordingly, the Registrar shall in due time communicate any such written statements to states and organizations having submitted similar statements.



The Court shall deliver its advisory opinions in open court, notice having been given to the Secretary- General and to the representatives of Members of the United Nations, of other states and of international organizations immediately concerned.



In the exercise of its advisory functions the Court shall further be guided by the provisions of the present Statute which apply in contentious cases to the extent to which it recognizes them to be applicable.



## Chapter V Amendment Article 69



Amendments to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter, subject however to any provisions which the General Assembly upon recommendation of the Security Council may adopt concerning the participation of states which are parties to the present Statute but are not Members of the United Nations.



The Court shall have power to propose such amendments to the present Statute as it may deem necessary, through written communications to the Secretary-General, for consideration in conformity with the provisions of Article 69.


## United Nations General Assembly Resolution 3314

# (Xxix). Definition Of

## Aggression

The General Assembly,



Having considered the report of the Special Committee on the Question of Defining Aggression, established pursuant to its resolution 2330(XXII) of 18 December 1967, covering the work of its seventh session held from 11 March to 12 April 1974, including the draft Definition of Aggression adopted by the Special Committee by consensus and recommended for adoption by the General Assembly;



Deeply convinced that the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security,



1. *Approves* the Definition of Aggression, the text of which is annexed to the present resolution;



2. *Expresses its appreciation* to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;



3. *Calls upon* all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations;



4. *Calls the attention* of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determination, in accordance with the Charter, the existence of an act of aggression.


2319th plenary meeting


14 December 1974

## Annex Definition Of Aggression

The General Assembly,



Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace,



Recalling that the Security Council, in accordance with Article 39 of the Charter of the United Nations, shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security,



Recalling also the duty of States under the Charter to settle their international disputes by peaceful means in order not to endanger international peace, security and justice,



Bearing in mind that nothing in this Definition shall be interpreted as in any way affecting the scope of the provisions of the Charter with respect to the functions and powers of the organs of the United Nations,



Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage,



Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial Integrity,



Reaffirming also that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shall not be the object of acquisition by another State resulting from such measures or the threat thereof,



Reaffirming also the provisions of the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,



Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim,



Believing that, although the question whether an act of aggression has been committed must be considered in the light of all the circumstances of each particular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,


Adopts the following Definition of Aggression:



Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.



Explanatory note: In this Definition the term "State":



a.

Is used without prejudice to questions of



recognition or to whether a State is a member of the United Nations;



b. Includes the concept of a "group of States"
where appropriate.



The first use of armed force by a State in contravention of the Charter shall constitute *prima facie* evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.



Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression:



a.
The invasion or attack by the armed forces of


a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part. thereof,



b. Bombardment by the armed forces of a State



against the territory of another State or the use of any weapons by a State against the territory of another State;



c.

The blockade of the ports or coasts of a State by the armed forces of another State;



d. An attack by the armed forces of a State on


the land, sea or air forces, or marine and air fleets of another State;


e.

The use of armed forces of one State which



are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;



f.

The action of a State in allowing its territory,



which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;



g.

The sending by or on behalf of a State of



armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.



The acts enumerated above are not exhaustive and the Security Council may determine that other acts constitute aggression under the provisions of the Charter.



1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.



2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.



3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.



Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful.



Nothing in this Definition, and in particular article 3, could in any way prejudice the right to selfdetermination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.



In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.

U. S.
Signed


Convention (III) Relative to the Opening of Hostilities
X
X
N/A
34



## Convention (Iii) Relative To The Opening Of Hostilities The Hague 18 October 1907



His Majesty the German Emperor, King of Prussia; [etc.]



Considering that it is important, in order to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning;



That it is equally important that the existence of a state of war should be notified without delay to neutral Powers;



Being desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:

[Here follow the names of plenipotentiaries.]



Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:



The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.



The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.



Article 1 of the present Convention shall take effect in case of war between two or more of the Contracting Powers.



Article 2 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention.



| U.S.     |     | U.S. Reservation/    |     |
|----------|-----|----------------------|-----|
| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |



The present Convention shall be ratified as soon as possible.


The ratifications shall be deposited at The Hague.



The first deposit of ratification shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.



The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherlands Government and accompanied by the instrument of ratification.



A duly certified copy of the *proces-verbal* relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherlands Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification.



Non-Signatory Powers may adhere to the present Convention.



The Power which wishes to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.



The said Government shall at once forward to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, stating the date on which it received the notification.



The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the proces-verbal of that deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.



In the event of one of the High Contracting Parties wishing to denounce the present Convention, the



denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.



The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.



A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 4, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 5, paragraph 2) or of denunciation (Article 7, paragraph 1) have been received.



Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.



In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.



Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference.

Treaty/Convention
U. S.
Signed


Convention (IV) respecting the Laws and Customs of War on Land and its Annex: Regulation concerning the Laws and Customs of War on Land

## Convention (Iv) R**Especting** The Laws And C**Ustoms Of** War On Land And Its A**Nnex**: R**Egulation Concerning The** Laws And Customs Of W**Ar On** Land The Hague 18 October 1907



[Here follows the list of Sovereigns and Heads of State who sent Plenipotentiaries to the Conference]



Seeing that while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;



Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;



Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;



Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define land govern the usages of war on land.



According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.



It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;



On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the



| U.S.     |     | U.S. Reservation/    |     |     |
|----------|-----|----------------------|-----|-----|
| Ratified |     | Understanding        |     |     |
| States   |     |                      |     |     |
| Party    |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
| X        | X   | N/A                  | 35  |     |



absence of a written undertaking, be left to the arbitrary judgment of military commanders.



Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.



They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood.



The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries:


[Here follow the names of Plenipotentiaries]


Who, after having deposited their full powers, found in good and due form, have agreed upon the following:



The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.



The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting powers, and then only if all the belligerents are parties to the Convention.



A belligerent party which violates the provisions of the said Regulations 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.



The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.



The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.



The present Convention shall be ratified as soon as possible.


The ratifications shall be deposited at The Hague.



The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.


The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.



A duly certified copy of the *proces-verbal* relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.



Non-Signatory Powers may adhere to the present Convention.



The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.



This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.



The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the proces-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.



In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.



The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.



A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5, paragraphs 3 land 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denunciation (Article 8, paragraph 1) were received.



Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts.



IN FAITH WHEREOF the Plenipotentiaries have appended their signatures to the present Convention.



DONE at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.



(Here follow signatures)

## Annex To The C**Onvention** Regulations R**Especting The** Laws And Customs Of W**Ar On** Land Section I On Belligerents Chapter I The Qualifications Of Belligerents Article 1



The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:



1. To be commanded by a person responsible for his subordinates;



2. To have a fixed distinctive emblem recognizable at a distance;


3. To carry arms openly; and



4. To conduct their operations in accordance with the laws and customs of war.


In countries where militia or volunteer corps constitute the army, or form part. of it, they are included under the denomination "army."



The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.



The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.


## Chapter Ii Prisoners Of War Article 4



Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.



They must be humanely treated.



All their personal belongings, except arms, horses, and military papers, remain their property.


Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as in indispensable measure of safety land only while the circumstances which necessitate the measure continue to exist.



The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.



Prisoners may be authorized to work for the public service, for private persons, or on their own account.



Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.



When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.



The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.



The Government into whose hands prisoners of war have fallen is charged with their maintenance.



In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.



Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination



justifies the adoption towards them of such measures of severity as may be considered necessary.


Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.



Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.



Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.



Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.



In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.



A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.



Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.



Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.



## Article 17 Article 14



Officers taken prisoners shall receive the same rate of An inquiry office for prisoners of war is instituted on pay as officers of corresponding rank in the country the commencement of hostilities in each of the



belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments arid transfers. releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out land keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.



It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.



Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.



Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.



Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.



where they are detained, the amount to be ultimately refunded by their own Government.



Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.



The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.



The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.



After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.



## Chapter Iii The Sick And Wounded Article 21



The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.


## Section Ii Hostilities Chapter I Means Of Injuring The Enemy, Sieges, And Bombardments Article 22



The right of belligerents to adopt means of injuring the enemy is not unlimited.



In addition to the prohibitions provided by special Conventions, it is especially forbidden



(a) To employ poison or poisoned weapons;


(b) To kill or wound treacherously individuals belonging to the hostile nation or army;



(c) To kill or wound an enemy who, having laid


down his arms, or having no longer means of defence, has surrendered at discretion;



(d) To declare that no quarter will be given;


(e) To employ arms, projectiles, or material calculated to cause unnecessary suffering;



(f) To make improper use of a flag of truce, of


the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;


(g) To destroy or seize the enemy's property,


unless such destruction or seizure be imperatively demanded by the necessities of war;


(h) To declare abolished, suspended, or



inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part. in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.



Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.



The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.



The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.



In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.



It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.



The pillage of a town or place, even when taken by assault, is prohibited.



## Chapter Ii Article 34 Spies Article 29

A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.



Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.



A spy taken in the act shall not be punished without previous trial.



A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.


## Chapter Iii Flags Of Truce Article 32



A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flagbearer and interpreter who may accompany him.



The commander to whom a parlementaire is sent is not in all cases obliged to receive him.



He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.



In case of abuse, he has the right to detain the parlementaire temporarily.



The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.


## Chapter Iv Capitulations Article 35



Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.



Once settled, they must be scrupulously observed by both parties.


## Chapter V Armistices Article 36



An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.



An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.



An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.



It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.


## Article 40 Article 48



Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.



A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained.



## Section Iii Military Authority Over The Territory Of The Hostile State Article 42



Territory is considered occupied when it is actually placed under the authority of the hostile army.



The occupation extends only to the territory where such authority has been established and can be exercised.



The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.



A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.



It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.



Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.



Private property cannot be confiscated.


Pillage is formally forbidden.



If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.



If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.



No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.



No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.



The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.



For every contribution a receipt shall be given to the contributors.



Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part. in military operations against their own country.



Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.



Contributions in kind shall as far is possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.



An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of



transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.



All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.



Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.



The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.



The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.



All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art. and science, is forbidden, and should be made the subject of legal proceedings.


Treaty/Convention
U. S.
Signed


Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land
X
X
N/A
32



## Convention (V) R**Especting** The Rights And D**Uties Of** Neutral Powers And P**Ersons** In Case Of War On Land The Hague 18 October 1907



With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory;



Being likewise desirous of defining the meaning of the term "neutral," pending the possibility of settling, in its entirety, the position of neutral individuals in their relations with the belligerents;



Have resolved to conclude a Convention to this effect, and have, in consequence, appointed the following as their Plenipotentiaries:


(List of Plenipotentiaries.)



Who, after having deposited their full powers, found in good and due form, have agreed upon the following full powers, found in good and due form, have agreed upon the following provisions:

## Chapter I The Rights And Duties Of Neutral Powers Article 1 The Territory Of Neutral Powers Is Inviolable.



Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.



Belligerents are likewise forbidden to:



(a) Erect on the territory of a neutral Power a


wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea;

| U.S.     |     | U.S. Reservation/    |     |
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(b) Use any installation of this kind established by



them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.



Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.



A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.



It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.



The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents.



A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.



A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals.



Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents.



A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.



## Art. 10



The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.


## Chapter Ii Belligerents Interned And Wounded Tended In Neutral Territory Article 11



A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.



It may keep them in camps and even confine them in fortresses or in places set apart. for this purpose.



It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.



In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.



At the conclusion of peace the expenses caused by the internment shall be made good.



A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.



The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.



A neutral Power may authorize the passage over its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.



The sick or wounded brought under the these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part. again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.



The Geneva Convention applies to sick and wounded interned in neutral territory.


## Chapter Iii Neutral Persons Article 16



The nationals of a State which is not taking part. in the war are considered as neutrals.


A neutral cannot avail himself of his neutrality


(a) If he commits hostile acts against a belligerent;



(b) If he commits acts in favor of a belligerent,



particularly if he voluntarily enlists in the ranks of the armed force of one of the parties. In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent State could be for the same act.



The following acts shall not be considered as committed in favour of one belligerent in the sense of Article 17, letter (b):



(a) Supplies furnished or loans made to one of the



belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;



(b) Services rendered in matters of police or civil administration.



## Chapter Iv Railway Material Article 19



Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon possible to the country of origin.



A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.



Compensation shall be paid by one Party or the other in proportion to the material used, and to the period of usage.



Chapter V
of their adhesion has been received by the Netherlands Government.

## Final Provisions Article 20



The provisions of the present Convention do not apply except between Contracting Powers and then only if all the belligerents are Parties to the Convention.



The present Convention shall be ratified as soon as possible.


The ratifications shall be deposited at The Hague.



The first deposit of ratifications shall be recorded in a proces-verbal signed by the representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.



The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.



A duly certified copy of the *proces-verbal* relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification.



Non-Signatory Powers may adhere to the present Convention.



The Power which desires to adhere notifies its intention in writing to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.



This Government shall immediately forward to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.



The present Convention shall come into force, in the case of the Powers which were a Party to the first deposit of ratifications, sixty days after the date of the proces-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or



In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received.



The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.



A register kept by the Netherlands Ministry of Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 21, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 22, paragraph 2) or of denunciation (Article 24, paragraph 1) have been received.



Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.



In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.

Treaty/Convention
U. S.
Signed



Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925.


## P**Rotocol For The** Prohibition Of The U**Se Of** Asphyxiating, P**Oisonous Or** Other Gases, **And Of** Bacteriological M**Ethods** Of W**Arfare** Done At Geneva 17 June 1925



The undersigned Plenipotentiaries, in the name of their respective Governments:


(Here follow the names of Plenipotentiaries)



Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids materials or devices, has been justly condemned by the general opinion of the civilized world; and



Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and



To the end that this prohibition shall be universally accepted as a part. of International Law, binding alike the conscience and the practice of nations;


Declare:



That the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare and agree to be bound as between themselves according to the terms of this declaration.



The High Contracting Parties will exert every effort to induce other States to accede to the present Protocol. Such accession will be notified to the Government of the French Republic, and by the latter to all Signatory and Acceding Powers, and will take effect on the date of the notification by the Government of the French Republic.



The present Protocol of which the French and English texts are both authentic, shall be ratified as soon as possible. It shall bear today's date.



The ratifications of the present Protocol shall be addressed to the Government of the French Republic, which will at once notify the deposit of such


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ratification to each of the Signatory and Acceding Powers.



The instruments of ratification and accession to the present Protocol will remain deposited in the archives of the Government of the French Republic.



The present Protocol will come into force for each Signatory Power as from the date of deposit of its ratification, and, from that moment, each Power will be bound as regards other Powers which have already deposited their ratifications.



IN WITNESS WHEREOF the Plenipotentiaries have signed the present Protocol.



DONE at Geneva in a single copy, the seventeenth day of June, One Thousand Nine Hundred and Twenty- Five.


## U.S. Reservation



The Protocol shall cease to be binding on the government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy state if such state or any of its allies fails to respect the prohibitions laid down in the Protocol.

U. S.
Signed



Convention for the Protection of Cultural Property in the Event of Armed Conflict, 14 May 1954.
X
X
N/A
123


## C**Onvention For The** Protection Of C**Ultural** Property In The E**Vent Of** Armed C**Onflict** The Hague 14 May 1954

The High Contracting Parties,



Recognizing that cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction;



Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world;

Considering that the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection;

Guided by the principles concerning the protection of cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April 1935;



Being of the opinion that such protection cannot be effective unless both national and international measures have been taken to organize it in time of peace;



Being determined to take all possible steps to protect cultural property;


Have agreed upon the following provisions:

## Chapter I General Provisions Regarding Protection Article 1 Definition Of Cultural Property



For the purposes of the present Convention, the term "cultural property" shall cover, irrespective of origin or ownership:


| U.S.     |     | U.S. Reservation/    |     |
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| Party    |     |                      |     |
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|          |     |                      |     |



(a) movable or immovable property of great



importance to the cultural heritage of every people, such as monuments of architecture, art. or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;


(b) buildings whose main and effective purpose is



to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in subparagraph (a);



(c) centres containing a large amount of cultural



property as defined in sub-paragraphs (a) and (b), to be known as "centres containing monuments."

## Article 2 Protection Of Cultural Property



For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.


## Article 3 Safeguarding Of Cultural Property



The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate.


## Article 4 Respect For Cultural Property



1. The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility directed against such property.



2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.



3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall, refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.



4. They shall refrain from any act directed by way of reprisals against cultural property.


5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.



## Article 5 Occupation



1. Any High Contracting Party in occupation of the whole or part. of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property.



2. Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.



3. Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Conventions dealing with respect for cultural property.


## Article 6 Distinctive Marking Of Cultural Property



In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.


## Article 7 Military Measures



1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.



2. The High Contracting Parties undertake to plan or establish in peacetime, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.


## Chapter Ii Special Protection Article 8 Granting Of Special Protection



1. There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centres containing monuments and other immovable cultural property of very great importance, provided that they:



(a) are situated at an adequate distance from any



large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of relative importance or a main line of communication;


(b) are not used for military purposes.



2. A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.



3. A centre containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre.



4. The guarding of cultural property mentioned in paragraph 1 above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order, shall not be deemed to be used for military purposes.



5. If any cultural property mentioned in paragraph 1 of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic



therefrom. In that event, such diversion shall be prepared in time of peace.



6. Special protection is granted to cultural property by its entry in the "International Register of Cultural Property under Special Protection." This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.



## Article 9 Immunity Of Cultural Property Under Special Protection



The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.



## Article 10 Identification And Control



During an armed conflict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.


## Article 11 Withdrawal Of Immunity



1. If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article
9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of such violation within a reasonable time.



2. Apart. from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance, of the decision to withdraw immunity.



3. The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner-General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.



## Chapter Iii Transport Of Cultural Property Article 12 Transport Under Special Protection



1. Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions specified in the Regulations for the execution of the Convention.



2. Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16.



3. The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.


## Article 13 Transport In Urgent Cases



1. If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described
in Article 16, provided that an application for immunity
referred to in Article 12 has not already been made and refused. As far as possible, notification of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it.



2. The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.


## Article 14 Immunity From Seizure, Capture And Prize



1. Immunity from seizure, placing in prize, or capture shall be granted to:


(a) cultural property enjoying the protection



provided for in Article 12 or that provided for in Article 13;


(b) the means of transport exclusively engaged in the transfer of such cultural property.



2. Nothing in the present Article shall limit the right of visit and search.


## Chapter Iv Personnel Article 15 Personnel



As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.


## Chapter V The Distinctive Emblem Article 16 Emblem Of The Convention



1. The distinctive emblem of the Convention shall take the form of a shield, pointed below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle).



2. The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.



## Article 17 Use Of The Emblem



1. The distinctive emblem repeated three times may be used only as a means of identification of:



(a) immovable cultural property under special protection;


(b) the transport of cultural property under the conditions provided for in Articles 12 and 13;



(c) improvised refuges, under the conditions



provided for in the Regulations for the execution of the Convention.



2. The distinctive emblem may be used alone only as a means of identification of:


(a) cultural property not under special protection;


(b) the persons responsible for the duties of



control in accordance with the Regulations for the execution of the Convention;



(c) the personnel engaged in the protection of cultural property;



(d) the identity cards mentioned in the Regulations for the execution of the Convention.



3. During an armed conflict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden.



4. The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.


## Chapter Vi Scope Of Application Of The Convention Article 18 Application Of The Convention



1. Apart. from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one or more of them.



2. 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.



3. If one of the Powers in conflict is not a Party to the present Convention, the Powers which are Parties thereto shall nevertheless 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 has declared that it accepts the provisions thereof and so long as it applies them.



## Article 19 Conflicts Not Of An International Character



1. In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property.



2. The parties to the Conflict shall endeavour to bring into force, by means of special agreements, all or part. of the other provisions of the present Convention.



3. The United Nations Educational, Scientific and Cultural Organization may offer its services to the parties to the conflict.



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



## Chapter Vii Execution Of The Convention Article 20 Regulations For The Execution Of The Convention



The procedure by which the present Convention is to be applied is defined in the Regulations for its execution, which constitute an integral part. thereof.


## Article 21 Protecting Powers



The present Convention and the Regulations for its execution shall be applied with the co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.



## Article 22 Conciliation Procedure



1. The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention or the Regulations for its execution.



2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General of the United Nations Educational, Scientific and Cultural Organization, 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 the protection of cultural property, if considered appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a neutral Power or a person presented by the Director-General of the United Nations Educational, Scientific and Cultural Organization, which person shall be invited to take part. in such a meeting in the capacity of Chairman.



## Article 23 Assistance Of Unesco



1. The High Contracting Parties may call upon the United Nations Educational, Scientific and Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connexion with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the limits fixed by its programme and by its resources.



2. The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties.



## Article 24 Special Agreements



1. The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision.



2. No special agreement may be concluded which would diminish the protection afforded by the present Convention to cultural property and to the personnel engaged in its protection.



## Article 25 Dissemination Of The Convention



The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.


## Article 26 Translations, Reports



1. The High Contracting Parties shall communicate to one another, through the Director-General of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution.



2. Furthermore, at least once every four years, they shall forward to the Director-General a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention and of the Regulations for its execution.



## Article 27 Meetings


1. The Director-General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one-fifth of the High Contracting Parties so request.



2. Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof.



3. The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39.


## Article 28 Sanctions



The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.


## Final Provisions Article 29 Languages



1. The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.



2. The United Nations Educational, Scientific and Cultural Organization shall arrange for translations of the Convention into the other official languages of its General Conference.


## Article 30 Signature



The present Convention shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April 1954 to 14 May 1954.



## Article 31 Ratification



1. The present Convention shall be subject to ratification by Signatory States in accordance with their respective constitutional procedures.



2. The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.


## Article 32 Accession



From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.


## Article 33 Entry Into Force



1. The present Convention shall enter into force three months after five instruments of ratification have been deposited.



2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.



3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director-General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method.



## Article 34 Effective Application



1. Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.



2. This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Convention.


## Article 35 Territorial Extension Of The Convention



Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director- General of the United Nations Educational, Scientific and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.


## Article 36 Relation To Previous Conventions



1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.



2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935 for the Protection of Artistic and Scientific Institutions and of



Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the emblem defined in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.



## Article 37 Denunciation



1. Each High Contracting Party may denounce the present Convention, on its own behalf, or on behalf of any territory for whose international relations it is responsible.



2. The denunciation shall be notified by an instrument in writing, deposited with the Director- General of the United Nations Educational, Scientific and Cultural Organization.



3. The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.



## Article 38 Notifications



The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in Articles 35, 37 and 39.



## Article 39 Revision Of The Convention And Of The Regulations For Its Execution



1. Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director- General of the United Nations Educational, Scientific and Cultural Organization who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it:



(a) desires that a Conference be convened to
consider the proposed amendment;


(b) favours the acceptance of the proposed amendment without a Conference; or



(c) favours the rejection of the proposed amendment without a Conference.



2. The Director-General shall transmit the replies, received under paragraph 1 of the present Article, to all High Contracting Parties.



3. If all the High Contracting Parties which have, within the prescribed time-limit, stated their views to the Director-General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notification of their decision shall be made by the Director-General in accordance with Article 38. The amendment shall become effective for all the High Contracting Parties on the expiry of ninety days from the date of such notification.



4. The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting Parties.



5. Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.



6. Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.



7. After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratification or accession.


## Article 40 Registration



In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.



IN FAITH WHEREOF the undersigned, duly authorized, have signed the present Convention.



DONE at The Hague, this fourteenth day of May 1954, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well as to the United Nations.



## R**Egulations For The** E**Xecution Of The**

# C**Onvention For The**

# Protection Of C**Ultural**

## Property In Event Of A**Rmed** C**Onflict** Chapter I Control Article 1 International List Of Persons



On the entry into force of the Convention, the Director- General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.



## Article 2 Organization Of Control



As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of the Convention applies:



(a) It shall appoint a representative for cultural



property situated in its territory; if it is in occupation of another territory, it shall appoint a special representative for cultural property situated in that territory;



(b) The Protecting Power acting for each of the



Parties in conflict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below;



(c) A Commissioner-General for Cultural



Property shall be appointed to such High Contracting Party in accordance with Article 4.



## Article 3 Appointment Of Delegates Of Protecting Powers



The Protecting Power shall appoint its delegates from among the members of its diplomatic or consular staff



or, with the approval of the Party to which they will be accredited, from among other persons.


## Article 4 Appointment Of Commissioner-General



1. The Commissioner-General for Cultural Property shall be chosen from the international list of persons by joint agreement between the Party to which he will be accredited and the Protecting Powers acting on behalf of the opposing Parties.


2. Should the Parties fail to reach agreement within three weeks from the beginning of their discussions on this point, they shall request the President of the International Court of Justice to appoint the Commissioner-General, who shall not take up his duties until the Party to which he is accredited has approved his appointment.


## Article 5 Functions Of Delegates



The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they have occurred, make representations locally to secure their cessation and, if necessary, notify the Commissioner-General of such violations. They shall keep him informed of their activities.



## Article 6 Functions Of The Commissioner-General



1. The Commissioner-General for Cultural Property shall deal with all matters referred to him in connexion with the application of the Convention, in conjunction
with the representative of the Party to which he is
accredited and with the delegates concerned.


2. He shall have powers of decision and appointment in the cases specified in the present Regulations.



3. With the agreement of the Party to which he is accredited, he shall have the right to order an investigation or to conduct it himself.



4. He shall make any representations to the Parties to the conflict or to their Protecting Powers which he deems useful for the application of the Convention.



5. He shall draw up such reports as may be necessary on the application of the Convention and communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to the Director-General of the United Nations Educational, Scientific and Cultural Organization, who may make use only of their technical contents.



6. If there is no protecting Power, the Commissioner- General shall exercise the functions of the Protecting Power as laid down in Articles 21 and 22 of the Convention.



## Article 7 Inspectors And Experts



1. Whenever the Commissioner-General for Cultural Property considers it necessary, either at the request of the delegates concerned or after consultation with them, he shall propose, for the approval of the Party to which he is accredited, an inspector of cultural property to be charged with a specific mission. An inspector shall be responsible only to the Commissioner-General.



2. The Commissioner-General, delegates and inspectors may have recourse to the services of experts, who will also be proposed for the approval of the Party mentioned in the preceding paragraph.



## Article 8 Discharge Of The Mission Of Control



The Commissioners-General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them by that High Contracting Party.


## Article 9 Substitutes For Protecting Powers



If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which concern the appointment of a Commissioner-General for Cultural Property in accordance with the procedure laid down in Article 4. The Commissioner-General thus appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers as specified in the present Regulations.



## Article 10 Expenses



The remuneration and expenses of the Commissioner- General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses of delegates of the Protecting Powers shall be subject to agreement



between those Powers and the States whose interests they are safeguarding.


## Chapter Ii Special Protection Article 11 Improvised Refuges



1. If, during an armed conflict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection, it shall communicate this fact forthwith to the Commissioner-General accredited to that Party.



2. If the Commissioner-General considers that such a measure is justified by the circumstances and by the importance of the cultural property sheltered in this improvised refuge, he may authorize the High Contracting Party to display on such refuge the distinctive emblem defined in Article 16 of the Convention. He shall communicate his decision without delay to the delegates of the Protecting Powers who are concerned, each of whom may, within a timelimit of 30 days, order the immediate withdrawal of the emblem.



3. As soon as such delegates have signified their agreement or if the time-limit of 30 days has passed without any of the delegates concerned having made an objection, and if, in the view of the Commissioner- General, the refuge fulfils the conditions laid down in Article 8 of the Convention, the Commissioner-General shall request the Director-General of the United Nations Educational, Scientific and Cultural Organization to enter the refuge in the Register of Cultural Property under Special Protection.


## Article 12 International Register Of Cultural Property Under Special Protection



1. An "International Register of Cultural Property under Special Protection" shall be prepared.



2. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the United Nations and to the High Contracting Parties.



3. The Register shall be divided into sections, each in the name of a High Contracting Party. Each section shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments, Other



Immovable Cultural Property. The Director-General shall determine what details each section shall contain.


## Article 13 Requests For Registration



1. Any High Contracting Party may submit to the Director-General of the United Nations Educational, Scientific and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within its territory. Such application shall contain a description of the location of such property and shall certify that the property complies with the provisions of Article 8 of the Convention.



2. In the event of occupation, the Occupying Power shall be competent to make such application.



|    |    |     |     |     |     |     |
|----|----|-----|-----|-----|-----|-----|
|    |    |     |     |     |     |     |

3. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting Parties.

## Article 14 Objections



1. Any High Contracting Party may, by letter addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, lodge an objection to the registration of cultural property. This letter must be received by him within four months of the day on which he sent a copy of the application for registration.


2. Such objection shall state the reasons giving rise to it, the only valid grounds being that:



(a) the property is not cultural property;


(b) the property does not comply with the conditions mentioned in Article 8 of the Convention.



3. The Director-General shall send a copy of the letter of objection to the High Contracting Parties without delay. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person.



4. The Director-General, or the High Contracting Party requesting registration, may make whatever representations they deem necessary to the High Contracting Parties which lodged the objection, with a view to causing the objection to be withdrawn.



5. If a High Contracting Party which has made an application for registration in time of peace becomes involved in an armed conflict before the entry has been made, the cultural property concerned shall at once be



provisionally entered in the Register, by the Director- General, pending the confirmation, withdrawal or cancellation of any objection that may be, or may have been, made.



6. If, within a period of six months from the date of receipt of the letter of objection, the Director-General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration may request arbitration in accordance with the procedure in the following paragraph.



7. The request for arbitration shall not be made more than one year after the date of receipt by the Director- General of the letter of objection. Each of the two Parties to the dispute shall appoint an arbitrator. When more than one objection has been lodged against an application for registration, the High Contracting Parties which have lodged the objections shall, by common consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article 1 of the present Regulations. If such arbitrators cannot agree upon their choice, they shall ask the President of the International Court of Justice to appoint a chief arbitrator who need not necessarily be chosen from the international list. The arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its decisions.



8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding paragraph. In such cases, the objection to an application for registration shall be submitted by the Director-General to the High Contracting Parties. The objection will be confirmed only if the High Contracting Parties so decide by a two-third majority of the High Contracting Parties voting. The vote shall be taken by correspondence, unless the Director-General of the United Nations Educational, Scientific and Cultural Organization deems it essential to convene a meeting under the powers conferred upon him by Article 27 of the Convention. If the Director-General decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.



## Article 15 Registration



1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause to be entered in the Register. under a serial number, each item of property for which application for registration is made, provided that he has not


received an objection within the time-limit prescribed in Paragraph 1 of Article 14.



2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of Article 14, the Director-General shall enter property in the Register only if the objection has been withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7 or paragraph 8 of Article 14.



3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the Register if so requested by the Commissioner-General for Cultural Property.



4. The Director-General shall send without delay to the Secretary-General of the United Nations, to the High Contracting Parties, and, at the request of the Party applying for registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified copy of each entry in the Register. Entries shall become effective thirty days after despatch of such copies.


## Article 16 Cancellation



1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause the registration of any property to be cancelled:



(a) at the request of the High Contracting Party within whose territory the cultural property is situated;



(b) if the High Contracting Party which requested


registration has denounced the Convention, and when that denunciation has taken effect;


(c) in the special case provided for in Article 14,



paragraph 5, when an objection has been confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article 14.



2. The Director-General shall send without delay, to the Secretary-General of the United Nations and to all States which received a copy of the entry in the Register, a certified copy of its cancellation. Cancellation shall take effect thirty days after the despatch of such copies.


## Chapter Iii Transport Of Cultural Property Article 17 Procedure To Obtain Immunity



1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be addressed to the



Commissioner-General for Cultural Property. It shall mention the reasons on which it is based and specify the approximate number and the importance of the objects to be transferred, their present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information.



2. If the Commissioner-General, after taking such opinions as he deems fit, considers that such transfer is justified, he shall consult those delegates of the Protecting Powers who are concerned, on the measures proposed for carrying it out. Following such consultation, he shall notify the Parties to the conflict concerned of the transfer, including in such notification all useful information.



3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall accompany the property to its destination.



## Article 18 Transport Abroad



Where the transfer under special protection is to the territory of another country, it shall be governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but by the following further provisions:


(a) while the cultural property remains on the



territory of another State, that State shall be its depositary and shall extend to it as great a measure of care as that which it bestows upon its own cultural property of comparable importance;


(b) the depositary State shall return the property


only on the cessation of the conflict; such return shall be effected within six months from the date on which it was requested;


(c) during the various transfer operations, and



while it remains on the territory of another State, the cultural property shall be exempt from confiscation and may not be disposed of either by the depositor or by the depositary. Nevertheless, when the safety of the property requires it, the depositary may, with the assent of the depositor, have the property transported to the territory of a third country, under the conditions laid down in the present article;



(d) the request for special protection shall indicate



that the State to whose territory the property is to be transferred accepts the provisions of the present Article.



## Article 19 Occupied Territory



Whenever a High Contracting Party occupying territory of another High Contracting Party transfers cultural property to a refuge situated elsewhere in that territory, without being able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the Commissioner-General for Cultural Property certifies in writing, after having consulted the usual custodians, that such transfer was rendered necessary by circumstances.


## Chapter Iv The Distinctive Emblem Article 20 Affixing Of The Emblem



1. The placing of the distinctive emblem and its degree of visibility shall be left to the discretion of the competent authorities of each High Contracting Party. It may be displayed on flags or armlets; it may be painted on an object or represented in any other appropriate form.



2. However, without prejudice to any possible fuller markings, the emblem shall, in the event of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground. The emblem shall be visible from the ground:



(a) at regular intervals sufficient to indicate



clearly the perimeter of a centre containing monuments under special protection;



(b) at the entrance to other immovable cultural property under special protection.


## Article 21 Identification Of Persons



1. The persons mentioned in Article 17, paragraph 2 (b) and (c) of the Convention may wear an armlet bearing the distinctive emblem, issued and stamped by the competent authorities.



2. Such persons shall carry a special identity card bearing the distinctive emblem. This card shall mention at least the surname and first names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his fingerprints, or both. It



shall bear the embossed stamp of the competent authorities.



3. Each High Contracting Party shall make out its own type of identity card, guided by the model annexed, by way of example, to the present Regulations. The High Contracting Parties shall transmit to each other a specimen of the model they are using. Identity cards shall be made out, if possible, at least in duplicate, one copy being kept by the issuing Power.



4. The said persons may not, without legitimate reason, be deprived of their identity card or of the right to wear the armlet.


Treaty/Convention
U. S.
Signed



Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction

## Convention On The Prohibition Of The Development, Production And Stockpiling Of Bacteriological (Biological) And Toxin Weapons And On Their Destruction Signed At Washington, L**Ondon**, And Moscow April **10, 1972** Entered Into Force March 26, 1975

The States Parties to this Convention,



Determined to act with a view to achieving effective progress towards general and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction, and convinced that the prohibition of the development, production and stockpiling of chemical and bacteriological (biological) weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective international control,



Recognizing the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925, and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war,



Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,


Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Geneva Protocol of June 17, 1925,



Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere,

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Desiring also to contribute to the realization of the purposes and principles of the Charter of the United Nations,

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Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents,



Recognizing that an agreement on the prohibition of bacteriological (biological) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the development, production and stockpiling of chemical weapons, and determined to continue negotiations to that end,



Determined, for the sake of all mankind, to exclude completely the possibility of bacteriological (biological) agents and toxins being used as weapons,

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Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk,



Have agreed as follows:



Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:



(1) Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;



(2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.



Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than nine months after the entry into force of the Convention, all agents, toxins, weapons, equipment and means of delivery specified in article I of the Convention, which are in its possession or under its jurisdiction or control. In implementing the provisions of this article all necessary safety precautions shall be observed to protect populations and the environment.


## Article 3 Article 8



Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organizations to manufacture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in article 1 of the Convention.



Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition, or retention of the agents, toxins, weapons, equipment and means of delivery specified in article 1 of the Convention, within the territory of such State, under its jurisdiction or under its control anywhere.



The States Parties to this Convention undertake to consult one another and to cooperate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, the Convention. Consultation and cooperation pursuant to this article may also be undertaken through appropriate international procedures within the framework of the United Nations and in accordance with its Charter.



(1) Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council.



(2) Each State Party to this Convention undertakes to cooperate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.



Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.



Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925.



Each State Party to this Convention affirms the recognized objective of effective prohibition of chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development, production and stockpiling and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes.



(1) The States Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also cooperate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field of bacteriology (biology) for prevention of disease, or for other peaceful purposes.



(2) This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international cooperation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention.



Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.



Five years after the entry into force of this Convention, or earlier if it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realized. Such review shall take into account any new scientific and technological developments relevant to the Convention.



(1) This Convention shall be of unlimited duration.



(2) Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of the Convention, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.



(1) This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.



(2) This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.



(3) This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositaries of the Convention.



(4) For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.



(5) The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument


of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.



(6) This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.



This Convention, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding states.



IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention.



DONE in triplicate, at the cities of Washington, London and Moscow, this tenth day of April, one thousand nine hundred and seventy-two.


## U.S. Understanding



In the view of the United States Government, this prohibition would apply only to (a) weapons, equipment and means of delivery the design of which indicated that they could have no other use than that specified, and (b) weapons, equipment and means of delivery the design of which indicated that they were specifically intended to be capable of the use specified.



# Executive Order 11850 Renunciation Of Certain Uses In War Of Chemical Herbicides And Riot Control Agents

## April 8, 1975



The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:



(a) Use of riot control agents in riot control



situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.



(b) Use of riot control agents in situations in



which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.



(c) Use of riot control agents in rescue missions


in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.



(d) Use of riot control agents in rear echelon areas



outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.



I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.



NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:



SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.



SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States. GERALD R. FORD


THE WHITE HOUSE,


April 8, 1975.



Exec. Order No. 11850, 40 FR 16187, 1975 WL 21461 (Pres.)

Treaty/Convention
U. S.
Signed



Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW)



## Convention On P**Rohibitions** Or R**Estrictions On The** Use Of Certain C**Onventional** Weapons Which M**Ay Be** Deemed To Be E**Xcessively** Injurious Or To Have Indiscriminate E**Ffects** Geneva 10 October 1980

The High Contracting Parties,

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Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.



Further recalling the general principle of the protection of the civilian population against the effects of hostilities,



Basing themselves on the principle of international law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering,



Also recalling that 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,



Confirming their determination that in cases not covered by this Convention and its annexed Protocols or by other international agreements, the civilian population and the combatants shall at all times remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience,



Desiring to contribute to international detente, the ending of the arms race and the building of confidence

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among States, and hence to the realization of the aspiration of all peoples to live in peace,



Recognizing the importance of pursuing every effort which may contribute to progress towards general and complete disarmament under strict and effective international control,



Reaffirming the need to continue the codification and progressive development of the rules of international law applicable in armed conflict,



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Wishing to prohibit or restrict further the use of certain conventional weapons and believing that the positive results achieved in this area may facilitate the main talks on disarmament with a view to putting an end to the production, stockpiling and proliferation of such weapons,



Emphasizing the desirability that all States become parties to this Convention and its annexed Protocols, especially the militarily significant States,



Bearing in mind that the General Assembly of the United Nations and the United Nations Disarmament Commission may decide to examine the question of a possible broadening of the scope of the prohibitions and restrictions contained in this Convention and its annexed Protocols,



Further bearing in mind that the Committee on Disarmament may decide to consider the question of adopting further measures to prohibit or restrict the use of certain conventional weapons,


Have agreed as follows:

## Article 1 Scope Of Application



This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including any situation described in paragraph 4 of Article 1 of Additional Protocol I to these Conventions.



## Article 2 Relations With Other International Agreements



Nothing in this Convention or its annexed Protocols shall be interpreted as detracting from other obligations imposed upon the High Contracting Parties by international humanitarian law applicable in armed conflict.



## Article 3 Consent To Be Bound By It, The Protocol Shall Enter Into Force Six Months After The Date On Which That State Has Signature Notified Its Consent So To Be Bound.



This Convention shall be open for signature by all States at United Nations Headquarters in New York for a period of twelve months from 10 April 1981.


## Article 4 Ratification, Acceptance, Approval Or Accession



1. This Convention is subject to ratification, acceptance or approval by the Signatories. Any State which has not signed this Convention may accede to it.



2. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.



3. Expressions of consent to be bound by any of the Protocols annexed to this Convention shall be optional for each State, provided that at the time of the deposit of its instrument of ratification, acceptance or approval of this Convention or of accession thereto, that State shall notify the Depositary of its consent to be bound by any two or more of these Protocols.



4. At any time after the deposit of its instrument of ratification, acceptance or approval of this Convention or of accession thereto, a State may notify the Depositary of its consent to be bound by any annexed Protocol by which it is not already bound.



5. Any Protocol by which a High Contracting Party is bound shall for that Party form an integral part. of this Convention.



## Article 5 Entry Into Force



1. This Convention shall enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.



2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the twentieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force six months after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.



3. Each of the Protocols annexed to this Convention shall enter into force six months after the date by which twenty States have notified their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4 of this Convention.



4. For any State which notifies its consent to be bound by a Protocol annexed to this Convention after the date by which twenty States have notified their



## Article 6 Dissemination



The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Convention and those of its annexed Protocols by which they are bound as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction, so that those instruments may become known to their armed forces.



## Article 7 Treaty Relations Upon Entry Into Force Of This Convention



1. When one of the parties to a conflict is not bound by an annexed Protocol, the parties bound by this Convention and that annexed Protocol shall remain bound by them in their mutual relations.



2. Any High Contracting Party shall be bound by this Convention and any Protocol annexed thereto which is in force for it, in any situation contemplated by Article 1, in relation to any State which is not a party to this Convention or bound by the relevant annexed Protocol, if the latter accepts and applies this Convention or the relevant Protocol, and so notifies the Depositary.



3. The Depositary shall immediately inform the High Contracting Parties concerned of any notification received under paragraph 2 of this Article.



4. This Convention, and the annexed Protocols by which a High Contracting Party is bound, shall apply with respect to an armed conflict against that High Contracting Party of the type referred to in Article 1, paragraph 4, of Additional Protocol I to the Geneva Conventions of 12 August 1949 for the Protection of War Victims:



(a) where the High Contracting Party is also a



party to Additional Protocol I and an authority referred to in Article 96, paragraph 3, of that Protocol has undertaken to apply the Geneva Conventions and Additional Protocol I in accordance with Article 96, paragraph 3, of the said Protocol, and undertakes to apply this Convention and the relevant annexed Protocols in relation to that conflict; or



(b) where the High Contracting Party is not a



party to Additional Protocol I and an authority of the type referred to in subparagraph (a) above accepts and applies the obligations of the Geneva Conventions and of this Convention and the relevant annexed Protocols in relation to that conflict. Such an acceptance and



application shall have in relation to that conflict the following effects:

(i) the Geneva Conventions and this



Convention and its relevant annexed Protocols are brought into force for the parties to the conflict with immediate effect;


(ii) the said authority assumes the same rights



and obligations as those which have been assumed by a High Contracting Party to the Geneva Conventions, this Convention and its relevant annexed Protocols; and


(iii) the Geneva Conventions, this Convention


and its relevant annexed Protocols are equally binding upon all parties to the conflict.



The High Contracting Party and the authority may also agree to accept and apply the obligations of Additional Protocol I to the Geneva Conventions on a reciprocal basis.



## Article 8 Review And Amendments



1. (a) At any time after the entry into force of this Convention any High Contracting Party may propose amendments to this Convention or any annexed Protocol by which it is bound. Any proposal for an amendment shall be communicated to the Depositary, who shall notify it to all the High Contracting Parties and shall seek their views on whether a conference should be convened to consider the proposal. If a majority, that shall not be less than eighteen of the High Contracting Parties so agree, he shall promptly convene a conference to which all High Contracting Parties shall be invited. States not parties to this Convention shall be invited to the conference as observers.



(b) Such a conference may agree upon



amendments which shall be adopted and shall enter into force in the same manner as this Convention and the annexed Protocols, provided that amendments to this Convention may be adopted only by the High Contracting Parties and that amendments to a specific annexed Protocol may be adopted only by the High Contracting Parties which are bound by that Protocol.



2. (a) At any time after the entry into force of this Convention any High Contracting Party may propose additional protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. Any such proposal for an additional protocol shall be communicated to the Depositary, who shall notify it to all the High Contracting Parties in accordance with subparagraph 1 (a) of this Article. If a majority, that shall not be less than eighteen of the High Contracting Parties so agree, the Depositary shall promptly convene a conference to which all States shall be invited.



(b) Such a conference may agree, with the full



participation of all States represented at the conference, upon additional protocols which shall be adopted in the same manner as this Convention, shall be annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.



3. (a) If, after a period of ten years following the entry into force of this Convention, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article, any High Contracting Party may request the Depositary to convene a conference to which all High Contracting Parties shall be invited to review the scope and operation of this Convention and the Protocols annexed thereto and to consider any proposal for amendments of this Convention or of the existing Protocols. States not parties to this Convention shall be invited as observers to the conference. The conference may agree upon amendments which shall be adopted and enter into force in accordance with subparagraph 1 (b) above.



(b) At such conference consideration may also be



given to any proposal for additional protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. All States represented at the conference may participate fully in such consideration. Any additional protocols shall be adopted in the same manner as this Convention, shall be annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.



(c) Such a conference may consider whether



provision should be made for the convening of a further conference at the request of any High Contracting Party if, after a similar period to that referred to in subparagraph 3 (a) of this Article, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article.



## Article 9 Denunciation



1. Any High Contracting Party may denounce this Convention or any of its annexed Protocols by so notifying the Depositary.



2. Any such denunciation shall only take effect one year after receipt by the Depositary of the notification of denunciation. If, however, on the expiry of that year the denouncing High Contracting Party is engaged in one of the situations referred to in Article 1, the Party shall continue to be bound by the obligations of this Convention and of the relevant annexed Protocols until the end of the armed conflict or occupation and, in any case, until the termination of operations connected with the final release, repatriation or re-establishment of the person protected by the rules of international law applicable in armed conflict, and in the case of any



annexed Protocol containing provisions concerning situations in which peace-keeping, observation or similar functions are performed by United Nations forces or missions in the area concerned, until the termination of those functions.


3. Any denunciation of this Convention shall be considered as also applying to all annexed Protocols by which the denouncing High Contracting Party is bound.



4. Any denunciation shall have effect only in respect of the denouncing High Contracting Party.


5. Any denunciation shall not affect the obligations already incurred, by reason of an armed conflict, under this Convention and its annexed Protocols by such denouncing High Contracting Party in respect of any act committed before this denunciation becomes effective.



## Article 10 Depositary



1. The Secretary-General of the United Nations shall be the Depositary of this Convention and of its annexed Protocols.



2. In addition to his usual functions, the Depositary shall inform all States of: (a) signatures affixed to this Convention under Article 3; (b) deposits of instruments of ratification, acceptance or approval of or accession to this Convention deposited under Article 4; (c) notifications of consent to be bound by annexed Protocols under Article 4; (d) the dates of entry into force of this Convention and of each of its annexed Protocols under Article 5; and (e) notifications of denunciation received under article 9, and their effective date.


## Article 11 Authentic Texts



The original of this Convention with the annexed Protocols, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary, who shall transmit certified true copies thereof to all States.



(Here follow signatures)

## U.S. Reservation



Article 7 (4) (b) of the Convention shall not apply with respect to the United States.



## U.S. U**Nderstanding**



The United States considers that the fourth paragraph of the preamble to the Convention, which refers to the substance of provisions of article 35 (3) and article 55 (1) of additional Protocol I to the Geneva Conventions for the Protection of War Victims of August 12, 1949, applies only to States which have accepted those provisions.


## U.S. Declaration



The United States declares, with reference to the scope of application defined in article 1 of the Convention, that the United States will apply the provisions of the Convention, Protocol I, and Protocol II to all armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions for the Protection of War Victims of August 12, 1949.


U. S.
Signed


X
X
N/A
73

## Amendment To Article 1 Of The Convention On Prohibitions Or Restrictions On The Use Of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious Or To Have Indiscriminate Effects (Ccw)

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The following decision to amend Article I of the Convention in order to expand the scope of its application to non-international armed conflicts was made by the States Parties at the Second Review Conference held from 11 to 21 December 2001. This decision appears in the Final Declaration of the Second Review Conference, as contained in document CCW/CONF.II/2.



DECIDE to amend Article 1 of the Convention to read as follows:



1. This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including any situation described in paragraph 4 of Article I of Additional Protocol I to these Conventions.



2. This Convention and its annexed Protocols shall also apply, in addition to situations referred to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its annexed Protocols shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not being armed conflicts.



3. In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.



4. Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the



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Government, by all legitimate means, to maintain or re establish law and order in the State or to defend the national unity and territorial integrity of the State.

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5. Nothing in this Convention or its annexed Protocols 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.

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6. The application of the provisions of this Convention and its annexed Protocols to parties to a conflict which are not High Contracting Parties that have accepted this Convention or its annexed Protocols, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.



7. The provisions of Paragraphs 2-6 of this Article shall not prejudice additional Protocols adopted after 1 January 2002, which may apply, exclude or modify the scope of their application in relation to this Article.

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## Protocol On Non- Detectable Fragments (Protocol I) Geneva 10 October 1980



It is prohibited to use any weapon the primary effect of which is to injure by fragments which in the human body escape detection by X-rays.


U. S.
Signed


X
X
Following treaty

## Protocol On P**Rohibitions Or** Restrictions On The U**Se Of** Mines, Booby-T**Raps And** Other Devices (Protocol Ii) Geneva 10 October 1980 Article 1 Material Scope Of Application



This Protocol relates to the use on land of the mines, booby-traps and other devices defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of antiship mines at sea or in inland waterways.



## Article 2 Definitions

For the purpose of this Protocol:



1. "Mine" means any munition placed under, on or near the ground or other surface area and designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle, and "remotely delivered mine" means any mine so defined delivered by artillery, rocket, mortar or similar means or dropped from an aircraft.



2. "Booby-trap" means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.



3. "Other devices" means manually-emplaced munitions and devices designed to kill, injure or damage and which are actuated by remote control or automatically after a lapse of time.



4. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.



5. "Civilian objects" are all objects which are not military objectives as defined in paragraph 4.



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text
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6. "Recording" means a physical, administrative and technical operation designed to obtain, for the purpose of registration in the official records, all available information facilitating the location of minefields, mines and booby-traps.


## Article 3 General Restrictions On The Use Of Mines, Booby-Traps And Other Devices

1. This Article applies to:


(a) mines


(b) booby-traps; and


(c) other devices.



2. It is prohibited in all circumstances to direct weapons to which this Article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians.



3. The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate use is any placement of such weapons:


(a) which is not on, or directed against, a military objective; or



(b) which employs a method or means of delivery



which cannot be directed at a specific military objective; or



(c) which may be expected to cause incidental



loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.



4. All feasible precautions shall be taken to protect civilians from the effects of weapons to which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.



Restrictions on the use of mines other than remotely delivered mines, booby-traps and other devices in populated areas

1. This Article applies to:


(a) mines other than remotely delivered mines;


(b) booby-traps; and


(c) other devices.



2. It is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either:



(a) they are placed on or in the close vicinity of a



military objective belonging to or under the control of an adverse party; or



(b) measures are taken to protect civilians from


their effects, for example, the posting of warning signs, the posting of sentries, the issue of warnings or the provision of fences.


## Article 5 Restrictions On The Use Of Remotely Delivered Mines



1. The use of remotely delivered mines is prohibited unless such mines are only used within an area which is itself a military objective or which contains military objectives, and unless:


(a) their location can be accurately recorded in accordance with Article 7(1)(a); or



(b) an effective neutralizing mechanism is used



on each such mine, that is to say, a self-actuating mechanism which is designed to render a mine harmless or cause it to destroy itself when it is anticipated that the mine will no longer serve the military purpose for which it was placed in position, or a remotely-controlled mechanism which is designed to render harmless or destroy a mine when the mine no longer serves the military purpose for which it was placed in position.



2. Effective advance warning shall be given of any delivery or dropping of remotely delivered mines which may affect the civilian population, unless circumstances do not permit.


## Article 6 Prohibition On The Use Of Certain Booby-Traps



1. Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use:



(a) any booby-trap in the form of an apparently



harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed or approached, or



(b) booby-traps which are in any way attached to or associated with:


(i) internationally recognized protective emblems, signs or signals;


(ii) sick, wounded or dead persons;


(iii) burial or cremation sites or graves;


(iv) medical facilities, medical equipment, medical supplies or medical transportation;


(v) children's toys or other portable objects


or products specially designed for the feeding, health, hygiene, clothing or education of children;


(vi) food or drink;


(vii) kitchen utensils or appliances except in


military establishments, military locations or military supply depots;



(viii) objects clearly of a religious nature;


(ix) historic monuments, works of art. or


places of worship which constitute the cultural or spiritual heritage of peoples;


(x) animals or their carcasses.

2. It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or unnecessary suffering.


## Article 7 Recording And Publication Of The Location Of Minefields, Mines And Booby-Traps



1. The parties to a conflict shall record the location of:



(a) all pre-planned minefields laid by them; and



(b) all areas in which they have made large-scale
and pre-planned use of booby-traps.



2. The parties shall endeavour to ensure the recording of the location of all other minefields, mines and booby-traps which they have laid or placed in position.



3. All such records shall be retained by the parties who shall:


(a) immediately after the cessation of active hostilities:


(i) take all necessary and appropriate



measures, including the use of such records, to protect civilians from the effects of minefields, mines and booby-traps; and either


(ii) in cases where the forces of neither party



are in the territory of the adverse party, make available to each other and to the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby-traps in the territory of the adverse party; or



(iii) once complete withdrawal of the forces of


the parties from the territory of the adverse party has taken place, make available to the adverse party and to



the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby traps in the territory of the adverse party;


(b) when a United Nations force or mission



performs functions in any area, make available to the authority mentioned in Article 8 such information as is required by that Article;


(c) whenever possible, by mutual agreement,



provide for the release of information concerning the location of minefields, mines and booby traps, particularly in agreements governing the cessation of hostilities.



## Article 8 Protection Of United Nations Forces And Missions



from the effects of minefields, mines and booby-traps



1. When a United Nations force or mission performs functions of peacekeeping, observation or similar functions in any area, each party to the conflict shall, if requested by the head of the United Nations force or mission in that area, as far as it is able:



(a) remove or render harmless all mines or booby traps in that area;



(b) take such measures as may be necessary to


protect the force or mission from the effects of minefields, mines and booby traps while carrying out its duties; and



(c) make available to the head of the United


Nations force or mission in that area, all information in the party's possession concerning the location of minefields, mines and booby traps in that area.



2. When a United Nations fact-finding mission performs functions in any area, any party to the conflict concerned shall provide protection to that mission except where, because of the size of such mission, it cannot adequately provide such protection. In that case it shall make available to the head of the mission the information in its possession concerning the location of minefields, mines and booby-traps in that area.



## Article 9 International Co-Operation In The Removal Of Minefields, Mines And Booby-Traps



After the cessation of active hostilities, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of information and technical and material assistance - including, in appropriate circumstances, joint operations -- necessary to remove or otherwise render



ineffective minefields, mines and booby-traps placed in position during the conflict.


## Technical A**Nnex To The** Protocol On P**Rohibitions Or** Restrictions On The U**Se Of** Mines, Booby-T**Raps And** Other Devices (Protocol Ii) Guidelines On Recording



Whenever an obligation for the recording of the location of minefields, mines and booby traps arises under the Protocol, the following guidelines shall be taken into account.



1. With regard to pre-planned minefields and largescale and pre-planned use of booby traps:


(a) maps, diagrams or other records should be



made in such a way as to indicate the extent of the minefield or booby-trapped area; and


(b) the location of the minefield or booby-trapped



area should be specified by relation to the co-ordinates of a single reference point and by the estimated dimensions of the area containing mines and booby traps in relation to that single reference point.



2. With regard to other minefields, mines and booby traps laid or placed in position: Insofar as possible, the relevant information specified in paragraph 1 above should be recorded so as to enable the areas containing minefields, mines and booby traps to be identified.



## U.S. Understanding



The United States understands that article 6 (1) of the Protocol II does not prohibit the adaptation for use as booby-traps of portable objects created for a purpose other than as a booby-trap if the adaptation does not violate paragraph (1)(b) of the article.

U. S.
Signed

## Protocol On P**Rohibitions Or**

# Restrictions On The U**Se Of** Mines, Booby-T**Raps And**

# Other D**Evices As Amended**

# On 3 May 1996 (A**Mended**

## Protocol Ii) Article I Scope Of Application

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1. This Protocol relates to the use on land of the mines, booby-traps and other devices, defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.



2. This Protocol shall apply, in addition to situations referred to in Article I of this Convention, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.



3. In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Protocol.



4. 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 re-establish law and order in the State or to defend the national unity and territorial integrity of the State.



5. 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.



6. The application of the provisions of this Protocol to parties to a conflict, which are not High Contracting Parties that have accepted this Protocol, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.


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## Article 2 Definitions

For the purpose of this Protocol:



1. "Mine" means a munition placed under, on or near the ground or other surface area and designed to be exploded by the presence, proximity or contact of a person or vehicle.


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2. "Remotely-delivered mine" means a mine not directly emplaced but delivered by artillery, missile, rocket, mortar, or similar means, or dropped from an aircraft. Mines delivered from a land-based system from less than 500 metres are not considered to be "remotely delivered," provided that they are used in accordance with Article 5 and other relevant Articles of this Protocol.


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3. "Anti-personnel mine" means a mine primarily designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons.



4. "Booby-trap" means any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.



5. "Other devices" means manually-emplaced munitions and devices including improvised explosive devices designed to kill, injure or damage and which are actuated manually, by remote control or automatically after a lapse of time.



6. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.



7.

"Civilian objects" are all objects which are not



military objectives as defined in paragraph 6 of this Article.



8. "Minefield" is a defined area in which mines have been emplaced and "mined area" is an area which is dangerous due to the presence of mines. "Phoney minefield" means an area free of mines that simulates a minefield. The term "minefield" includes phoney minefields.



9. "Recording" means a physical, administrative and technical operation designed to obtain, for the purpose of registration in official records, all available


information facilitating the location of minefields, mined areas, mines, booby-traps and other devices.



10. "Self-destruction mechanism" means an incorporated or externally attached automaticallyfunctioning mechanism which secures the destruction of the munition into which it is incorporated or to which it is attached.



11. "Self-neutralization mechanism" means an incorporated automatically-functioning mechanism which renders inoperable the munition into which it is incorporated.



12. "Self-deactivating" means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example, a battery, that is essential to the operation of the munition.



13. "Remote control" means control by commands from a distance.



14. "Anti-handling device" means a device intended to protect a mine and which is part. of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with the mine.



15. "Transfer' involves, in addition to the physical movement of mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced mines.


## Article 3 General Restrictions On The Use, Of Mines, Booby-Traps And Other Devices

1. This Article applies to:



(a) mines;


(b) booby-traps; and


(c) other devices.



2. Each High Contracting Party or party to a conflict is, in accordance with the provisions of this Protocol, responsible for all mines, booby-traps, and other devices employed by it and undertakes to clear, remove, destroy or maintain them as specified in Article 10 of this Protocol.



3. It is prohibited in all circumstances to use any mine, booby-trap or other device which is designed or of a nature to cause superfluous injury or unnecessary suffering.



4. Weapons to which this Article applies shall strictly comply with the standards and limitations specified in the Technical Annex with respect to each particular category.



5. It is prohibited to use mines, booby-traps or other devices which employ a mechanism or device



specifically designed to detonate the munition by the presence of commonly available mine detectors as a result of their magnetic or other non-contact influence during normal use in detection operations.



6. It is prohibited to use a self-deactivating mine equipped with an anti-handling device that is designed in such a manner that the anti-handling device is capable of functioning after the mine has ceased to be capable of functioning.



7. It is prohibited in all circumstances to direct weapons to which this Article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians or civilian objects.



8. The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate use is any placement of such weapons:


(a) which is not on, or directed against, a military



objective. In case of doubt as to 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; or



(b) which employs a method or means of delivery



which cannot be directed at a specific military objective; or



(c) which may be expected to cause incidental



loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.



9. Several clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects are not to be treated as a single military objective.



10. All feasible precautions shall be taken to protect civilians from the effects of weapons to which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations. These circumstances include, but are not limited to:


(a) the short- and long-term effect of mines upon


the local civilian population for the duration of the minefield;



(b) possible measures to protect civilians (for example, fencing, signs, warning and monitoring);


(c) the availability and feasibility of using alternatives; and


(d) the short- and long-term military requirements for a minefield.



11. Effective advance warning shall be given of any emplacement of mines, booby-traps and other devices which may affect the civilian population, unless circumstances do not permit.


## Article 4 Restrictions On The Use Of Anti-Personnel Mines



It is prohibited to use anti-personnel mines which are not detectable, as specified in paragraph 2 of the Technical Annex.


## Article 5 Restrictions On The Use Of Anti-Personnel Mines Other Than Remotely-Delivered Mines

1. This Article applies to anti-personnel mines other than remotely-delivered mines.



2.

It is prohibited to use weapons to which this



Article applies which are not in compliance with the provisions on self-destruction and self-deactivation in the Technical Annex, unless:


(a) such weapons are placed within a perimeter-



marked area which is monitored by military personnel and protected by fencing or other means, to ensure the effective exclusion of civilians from the area. The marking must be of a distinct and durable character and must at least be visible to a person who is about to enter the perimeter-marked area; and


(b) such weapons are cleared before the area is



abandoned, unless the area is turned over to the forces of another State which accept responsibility for the maintenance of the protections required by this Article and the subsequent clearance of those weapons.



3. A party to a conflict is relieved from further compliance with the provisions of sub-paragraphs 2 (a) and 2 (b) of this Article only if such compliance is not feasible due to forcible loss of control of the area as a result of enemy military action, including situations where direct enemy military action makes it impossible to comply. If that party regains control of the area, it shall resume compliance with the provisions of sub paragraphs 2 (a) and 2 (b) of this Article.



4. If the forces of a party to a conflict gain control of an area in which weapons to which this Article applies have been laid, such forces shall, to the maximum extent feasible, maintain and, if necessary, establish the protections required by this Article until such weapons have been cleared.



5. All feasible measures shall be taken to prevent the unauthorized removal, defacement, destruction or


concealment of any device, system or material used to establish the perimeter of a perimeter-marked area.



6.

Weapons to which this Article applies which



propel fragments in a horizontal arc of less than 90 degrees and which are placed on or above the ground may be used without the measures provided for in sub paragraph 2 (a) of this Article for a maximum period of 72 hours, if:


(a) they are located in immediate proximity to the military unit that emplaced them; and



(b) the area is monitored by military personnel to ensure the effective exclusion of civilians.


## Article 6 Restrictions On The Use Of Remotely-Delivered Mines



1. It is prohibited to use remotely-delivered mines unless they are recorded in accordance with sub paragraph 1 (b) of the Technical Annex.



2. It is prohibited to use remotely-delivered anti personnel mines which are not in compliance with the provisions on self-destruction and self-deactivation in the Technical Annex.



3. It is prohibited to use remotely-delivered mines other than anti-personnel mines, unless, to the extent feasible, they are equipped with an effective selfdestruction or self-neutralization mechanism and have a back-up self-deactivation feature, which is designed so that the mine will no longer function as a mine when the mine no longer serves the military purpose for which it was placed in position.



4. Effective advance warning shall be given of any delivery or dropping of remotely-delivered mines which may affect the civilian population, unless circumstances do not permit.


## Article 7 Prohibitions On The Use Of Booby-Traps And Other Devices



1. Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use booby-traps and other devices which are in any way attached to or associated with:



(a) internationally recognized protective emblems, signs or signals;


(b) sick, wounded or dead persons;


(c) burial or cremation sites or graves;


(d) medical facilities, medical equipment, medical supplies or medical transportation;


(e) children's toys or other portable objects or


products specially designed for the feeding, health, hygiene, clothing or education of children;


(f) food or drink;


(g) kitchen utensils or appliances except in


military establishments, military locations or military supply depots;



(h) objects clearly of a religious nature;


(i) historic monuments, works of art. or places of


worship which constitute the cultural or spiritual heritage of peoples; or


(j) animals or their carcasses.



2. It is prohibited to use booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material.



3. Without prejudice to the provisions of Article 3, it is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either:



(a) they are placed on or in the close vicinity of a military objective; or



(b) measures are taken to protect civilians from


their effects, for example, the posting of warning sentries, the issuing of warnings or the provision of fences.



## Article 8 Transfers



1. In order to promote the purposes of this Protocol, each High Contracting Party:



(a) undertakes not to transfer any mine the use of which is prohibited by this Protocol;



(b) undertakes not to transfer any mine to any recipient other than a State or a State agency authorized to receive such transfers;



(c) undertakes to exercise restraint in the transfer of any mine the use of which is restricted by this Protocol. In particular, each High Contracting Party undertakes not to transfer any anti-personnel mines to States which are not bound by this Protocol, unless the recipient State agrees to apply this Protocol; and



(d) undertakes to ensure that any transfer in accordance with this Article takes place in full compliance, by both the transferring and the recipient State, with the relevant provisions of this Protocol and the applicable norms of international humanitarian law.



2. In the event that a High Contracting Party declares that it will defer compliance with specific provisions on the use of certain mines, as provided for in the Technical Annex, sub-paragraph 1 (a) of this Article shall however apply to such mines.



3. All High Contracting Parties, pending the entry into force of this Protocol, will refrain from any actions which would be inconsistent with sub-paragraph 1 (a) of this Article.


## Article 9 Recording And Use Of Information On Minefields, Mined Areas, Mines, Booby-Traps And Other Devices



1. All information concerning minefields, mined areas, mines, booby-traps and other devices shall be recorded in accordance with the provisions of the Technical Annex.



2. All such records shall be retained by the parties to a conflict, who shall, without delay after the cessation of active hostilities, take all necessary and appropriate measures, including the use of such information, to protect civilians from the effects of minefields, mined areas, mines, booby-traps and other devices in areas under their control.



At the same time, they shall also make available to the other party or parties to the conflict and to the Secretary-General of the United Nations all such information in their possession concerning minefields, mined areas, mines, booby-traps and other devices laid by them in areas no longer under their control; provided, however, subject to reciprocity, where the forces of a party to a conflict are in the territory of an adverse party, either party may withhold such information from the Secretary-General and the other party, to the extent that security interests require such withholding, until neither party is in the territory of the other. In the latter case, the information withheld shall be disclosed as soon as those security interests permit. Wherever possible, the parties to the conflict shall seek, by mutual agreement, to provide for the release of such information at the earliest possible time in a manner consistent with the security interests of each party.



3. This Article is without prejudice to the provisions of Articles 10 and 12 of this Protocol.


## Article 10 Removal Of Minefields, Mined Areas, Mines, Boobytraps And Other Devices And International Cooperation



1. Without delay after the cessation of active hostilities, all minefields, mined areas, mines, boobytraps and other devices shall be cleared, removed,



destroyed or maintained in accordance with Article 3 and paragraph 2 of Article 5 of this Protocol.



2. High Contracting Parties and parties to a conflict bear such responsibility with respect to minefields, mined areas, mines, booby-traps and other devices in areas under their control.



3. With respect to minefields, mined areas, mines, booby-traps and other devices laid by a party in areas over which it no longer exercises control, such party shall provide to the party in control of the area pursuant to paragraph 2 of this Article, to the extent permitted by such party, technical and material assistance necessary to fulfil such responsibility.



4. At all times necessary, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of technical and material assistance, including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil such responsibilities.



## Article 11 Technological Cooperation And Assistance



1. Each High Contracting Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Protocol and means of mine clearance. In particular, High Contracting Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.



2. Each High Contracting Party undertakes to provide information to the database on mine clearance established within the United Nations System, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.



3. Each high Contracting Party in a position to do so shall provide assistance for mine clearance through the United Nations System, other international bodies or on a bilateral basis, or contribute to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance.



4. Requests by High Contracting Parties for assistance, substantiated by relevant information, may be submitted to the United Nations, to other appropriate bodies or to other States. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organizations.



5. In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and, in cooperation with the requesting High Contracting Party, determine the appropriate provision of assistance in mine clearance or implementation of the Protocol. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required.



6. Without prejudice to their constitutional and other legal provisions, the High Contracting Parties undertake to cooperate and transfer technology to facilitate the implementation of the relevant prohibitions and restrictions set out in this Protocol.



7. Each High Contracting Party has the right to seek and receive technical assistance, where appropriate, from another High Contracting Party on specific relevant technology, other than weapons technology, as necessary and feasible, with a view to reducing any period of deferral for which provision is made in the Technical Annex.


## Article 12 Protection From The Effects Of Minefields, Mined Areas, Mines, Booby-Traps And Other Devices 1. Application



(a) With the exception of the forces and missions



referred to in sub-paragraph 2(a) (i) of this Article, this Article applies only to missions which are performing functions in an area with the consent of the High Contracting Party on whose territory the functions are performed.



(b) The application of the provisions of this



Article to parties to a conflict which are not High Contracting Parties shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.



(c) The provisions of this Article are without



prejudice to existing international humanitarian law, or other international instruments as applicable, or decisions by the Security Council of the United Nations, which provide for a higher level of protection to personnel functioning in accordance with this Article.



2. Peace-keeping and certain other forces and missions


(a) This paragraph applies to:


(i) any United Nations force or mission



performing peace-keeping, observation or similar functions in any area in accordance with the Charter of the United Nations;


(ii) any mission established pursuant to


Chapter VIII of the Charter of the United Nations and performing its functions in the area of a conflict.



(b) Each High Contracting Party or party to a



conflict, if so requested by the head of a force or mission to which this paragraph applies, shall:



(i) so far as it is able, take such measures as



are necessary to protect the force or mission from the effects of mines, booby-traps and other devices in any area under its control;



(ii) if necessary in order effectively to protect



such personnel, remove or render harmless, so far as it is able, all mines, booby-traps and other devices in that area; and


(iii) inform the head of the force or mission of



the location of all known minefields, mined areas, mines, booby-traps and other devices in the area in which the force or mission is performing its functions and, so far as is feasible, make available to the head of the force or mission all information in its possession concerning such minefields, mined areas, mines, booby-traps and other devices.



3. Humanitarian and fact-finding missions of the United Nations System



(a) This paragraph applies to any humanitarian or fact-finding mission of the United Nations System.



(b) Each High Contracting Party or party to a



conflict, if so requested by the head of a mission to which this paragraph applies, shall:


(i) provide the personnel of the mission with



the protections set out in sub-paragraph 2 (b) (i) of this Article; and



(ii) if access to or through any place under its



control is necessary for the performance of the mission's functions and in order to provide the personnel of the mission with safe passage to or through that place:


(aa) unless on-going hostilities prevent,



inform the head of the mission of a safe route to that place if such information is available; or



(bb) if information identifying a safe route



is not provided in accordance with sub-paragraph (aa), so far as is necessary and feasible, clear a lane through minefields.



4. Missions of the International Committee of the Red Cross



(a) This paragraph applies to any mission of the


International Committee of the Red Cross performing functions with the consent of the host State or States as provided for by the Geneva Conventions of 12 August 1949 and, where applicable, their Additional Protocols.



(b) Each High Contracting Party or party to a



conflict, if so requested by the head of a mission to which this paragraph applies, shall:


(i) provide the personnel of the mission with



the protections set out in sub-paragraph 2 (b) (i) of this Article; and


(ii) take the measures set out in sub
paragraph 3 (b) (ii) of this Article.



## 5. Other Humanitarian Missions And Missions Of Enquiry



(a) Insofar as paragraphs 2, 3 and 4 above do not



apply to them, this paragraph applies to the following missions when they are performing functions in the area of a conflict or to assist the victims of a conflict:



(i) any humanitarian mission of a national


Red Cross or Red Crescent Society or of their International Federation;


(ii) any mission of an impartial humanitarian


organization, including any impartial humanitarian demining mission; and


(iii) any mission of enquiry established



pursuant to the provisions of the Geneva Conventions of 12 August 1949 and, where applicable, their Additional Protocols.



(b) Each High Contracting Party or party to a



conflict, if so requested by the head of a mission to which this paragraph applies, shall, so far as is feasible:



(i) provide the personnel of the mission with



the protections set out in sub-paragraph 2 (b) (i) of this Article, and


(ii) take the measures set out in sub
paragraph 3 (b) (ii) of this Article.



## 6. Confidentiality



All information provided in confidence pursuant to this Article shall be treated by the recipient in strict confidence and shall not be released outside the force or mission concerned without the express authorization of the provider of the information.


## 7. Respect For Laws And Regulations



Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, personnel participating in the forces and missions referred to in this Article shall:



(a) respect the laws and regulations of the host State; and


(b) refrain from any action or activity


incompatible with the impartial and international nature of their duties.


## Article 13 Consultations Of High Contracting Parties



1. The High Contracting Parties undertake to consult and cooperate with each other on all issues related to the operation of this Protocol. For this purpose, a conference of High Contracting Parties shall be held annually.



2. Participation in the annual conferences shall be determined by their agreed Rules of Procedure.



3. The work of the conference shall include:


(a) review of the operation and status of this Protocol;


(b) consideration of matters arising from reports



by High Contracting Parties according to paragraph 4 of this Article;



(c) preparation for review conferences; and


(d) consideration of the development of



technologies to protect civilians against indiscriminate effects of mines.



4. The High Contracting Parties shall provide annual reports to the Depositary, who shall circulate them to all High Contracting Parties in advance of the Conference, on any of the following matters:


(a) dissemination of information on this Protocol to their armed forces and to the civilian population;



(b) mine clearance and rehabilitation programmes;


(c) steps taken to meet technical requirements of


this Protocol and any other relevant information pertaining thereto;



(d) legislation related to this Protocol;


(e) measures taken on international technical


information exchange, on international cooperation on mine clearance, and on technical cooperation and assistance; and


(f) other relevant matters.



5. The cost of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the work of the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.


## Article 14 Compliance



1. Each High Contracting Party shall take all appropriate steps, including legislative and other measures, to prevent and suppress violations of this



Protocol by persons or on territory under its jurisdiction or control.



2. The measures envisaged in paragraph 1 of this Article include appropriate measures to ensure the imposition of penal sanctions against persons who, in relation to an armed conflict and contrary to the provisions of this Protocol, wilfully kill or cause serious injury to civilians and to bring such persons to justice.



3. Each High Contracting Party shall also require that its armed forces issue relevant military instructions and operating procedures and that armed forces personnel receive training commensurate with their duties and responsibilities to comply with the provisions of this Protocol.



4. The High Contracting Parties undertake to consult each other and to cooperate with each other bilaterally, through the Secretary-General of the United Nations or through other appropriate international procedures, to resolve any problems that may arise with regard to the interpretation and application of the provisions of this Protocol.



## Technical Annex 1. Recording



(a) Recording of the location of mines other than


remotely-delivered mines, minefields, mined areas, booby-traps and other devices shall be carried out in accordance with the following provisions:


(i) the location of the minefields, mined



areas and areas of booby-traps and other devices shall be specified accurately by relation to the coordinates of at least two reference points and the estimated dimensions of the area containing these weapons in relation to those reference points;


(ii) maps, diagrams or other records shall be



made in such a way as to indicate the location of minefields, mined areas, booby-traps and other devices in relation to reference points, and these records shall also indicate their perimeters and extent;


(iii) for purposes of detection and clearance of



mines, booby-traps and other devices, maps, diagrams or other records shall contain complete information on the type, number, emplacing method, type of fuse and life time, date and time of laying, anti-handling devices (if any) and other relevant information on all these weapons laid. Whenever feasible the minefield record shall show the exact location of every mine, except in row minefields where the row location is sufficient. The precise location and operating mechanism of each booby-trap laid shall be individually recorded.



(b) The estimated location and area of remotely-



delivered mines shall be specified by coordinates of reference points (normally corner points) and shall be ascertained and when feasible marked on the ground at the earliest opportunity. The total number and types of mines laid, the date and time of laying and the selfdestruction time periods shall also be recorded.



(c) Copies of records shall be held at a level of



command sufficient to guarantee their safety as far as possible.



(d) The use of mines produced after the entry into



force of this Protocol is prohibited unless they are marked in English or in the respective national language or languages with the following information:



(i) name of the country of origin;


(ii) month and year of production; and


(iii) serial number or lot number.


The marking should be visible, legible, durable and resistant to environmental effects, as far as possible.



## 2. Specifications On Detectability



(a) With respect to anti-personnel mines produced



after 1 January 1997, such mines shall incorporate in their construction a material or device that enables the mine to be detected by commonly-available technical mine detection equipment and provides a response signal equivalent to a signal from 8 grammes or more of iron in a single coherent mass.



(b) With respect to anti-personnel mines produced



before 1 January 1997, such mines shall either incorporate in their construction, or have attached prior to their emplacement, in a manner not easily removable, a material or device that enables the mine to be detected by commonly-available technical mine detection equipment and provides a response signal equivalent to a signal from 8 grammes or more of iron in a single coherent mass.



(c) In the event that a High Contracting Party



determines that it cannot immediately comply with sub-paragraph (b), it may declare at the time of its notification of consent to be bound by this Protocol that it will defer compliance with sub-paragraph (b) for a period not to exceed 9 years from the entry into force of this Protocol. In the meantime it shall, to the extent feasible, minimize the use of anti-personnel mines that do not so comply.


## 3. Specifications On Self-Destruction And Selfdeactivation



(a) All remotely-delivered anti-personnel mines



shall be designed and constructed so that no more than 10% of activated mines will fail to self-destruct within 30 days after emplacement, and each mine shall have a back-up self-deactivation feature designed and



constructed so that, in combination with the selfdestruction mechanism, no more than one in one thousand activated mines will function as a mine 120 days after emplacement.



(b) All non-remotely delivered anti-personnel



mines, used outside marked areas, as defined in Article 5 of this Protocol, shall comply with the requirements for self-destruction and self-deactivation stated in sub paragraph (a).



(c) In the event that a High Contracting Party



determines that it cannot immediately comply with sub-paragraphs (a) and/or (b), it may declare at the time of its notification of consent to be bound by this Protocol, that it will, with respect to mines produced prior to the entry into force of this Protocol defer compliance with sub-paragraphs (a) and/or (b) for a period not to exceed 9 years from the entry into force of this Protocol. During this period of deferral, the High Contracting Party shall:



(i) undertake to minimize, to the extent


feasible, the use of anti-personnel mines that do not so comply, and



(ii) with respect to remotely-delivered anti



personnel mines, comply with either the requirements for self-destruction or the requirements for selfdeactivation and, with respect to other anti-personnel mines comply with at least the requirements for selfdeactivation.



## 4. International Signs For Minefields And Mined Areas



Signs similar to the example attached [1] and as specified below shall be utilized in the marking of minefields and mined areas to ensure their visibility and recognition by the civilian population:



(a) size and shape: a triangle or square no smaller



than 28 centimetres (11 inches) by 20 centimetres (7.9
inches) for a triangle, and 15 centimetres (6 inches) per side for a square;



(b) colour: red or orange with a yellow reflecting border.


## U.S. Reservation



The Senate's advice and consent is subject to the following reservation:



"The United States reserves the right to use other devices (as defined in Article 2(5) of the Amended Mines Protocol) to destroy any stock of food or drink that is judged likely to be used by an enemy military force, if due precautions are taken for the safety of the civilian population."

responsibilities under that Article in a manner that U.S. UNDERSTANDINGS
respects the essential spirit and purpose of the Article.



The Senate's advice and consent is subject to the following understandings:



"(1) UNITED STATES COMPLIANCE, - The United States understands that



(A) any decision by any military commander,



military personnel, or any other person responsible for planning, authorizing, or executing military action shall only be judged on the basis of that person's assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken; and


(B) Article 14 of the Amended Mines Protocol



(insofar as it relates to penal sanctions) shall apply only in a situation in which an individual



(i) knew, or should have known, that his


action was prohibited under the Amended Mines Protocol;



(ii) intended to kill or cause serious injury to a civilian; and


(iii) knew or should have known, that the



person he intended to kill or cause serious injury was a civilian.



(2) EFFECTIVE EXCLUSION. - The United States understands that, for the purposes of Article 5 (6) (b) of the Amended Mines Protocol, the maintenance of observation over avenues of approach where mines subject to that Article are deployed constitutes one acceptable form of monitoring to ensure the effective exclusion of civilians.



(3) HISTORIC MONUMENTS. - The United states understands that Article 7 (1) (i) of the Amended Mines Protocol refers only to a limited class of objects that, because of their clearly recognizable characteristics and because of their widely recognized importance, constitute a part. of the cultural or spiritual heritage of peoples.



(4) LEGITIMATE MILITARY OBJECTIVES. - The United States understands that an area of land itself can be a legitimate military objective for the purpose of the use of landmines, if its neutralization or denial, in the circumstances applicable at the time, offers a military advantage.



(5) PEACE TREATIES. - The United States understands that the allocation of responsibilities for landmines in Article 5 (2) (b) of the Amended Mines Protocol does not preclude agreement, in connection with peace treaties or similar arrangements, to allocate



(6) BOOBY-TRAPS AND OTHER DEVICES. - For the purposes of the Amended Mines Protocol, the United States understands that



(A) the prohibition contained in Article 7 (2) of



the Amended Mines Protocol does not preclude the expedient adaptation or adaptation in advance of other objects for use as booby-traps or other devices;



(B) a trip-wired hand grenade shall be considered



a "booby-trap" under Article 2 (4) of the Amended Mines Protocol and shall not be considered a "mine" or an "anti-personnel mine" under Article 2 (1) or Article 2 (3), respectively; and


(C) none of the provisions of the Amended Mines



Protocol, including Article 2 (5), applies to hand grenades other than trip-wired hand grenades.



(7) NON-LETHAL CAPABILITIES. - The United States understands that nothing in the Amended Mines Protocol may be construed as restricting or affecting in any way non-lethal weapon technology that is designed to temporarily disable, stun, signal the presence of a person, or operate in any other fashion, but not to cause permanent incapacity.



(8) INTERNATIONAL TRIBUNAL JURISDICTION. - The United States understands that the provisions of Article 14 of the Amended Mines Protocol relating to penal sanctions refer to measures by the authorities of States Parties to the Protocol and do not authorize the trial of any person before an international criminal tribunal. The United States shall not recognize the jurisdiction of any international tribunal to prosecute a United States citizen for a violation of the Protocol or the Convention on Conventional Weapons.



(9) TECHNICAL COOPERATION AND ASSISTANCE. - The United States understands that



(A) no provision of the Protocol may be construed



as affecting the discretion of the United States to refuse assistance or to restrict or deny permission for the export of equipment, material, or scientific or technological information for any reason; and


(B) the Amended Mines Protocol may not be used



as a pretext for the transfer of weapons technology or the provision of assistance to the military mining or military counter-mining capabilities of a State Party to the Protocol."

U. S.
Signed


X
X
Following treaty

## Protocol On Prohibitions Or Restrictions On The Use Of Incendiary Weapons (Protocol Iii) Geneva 10 October 1980 Article 1 Definitions

For the purpose of this Protocol:



1. "Incendiary weapon" means any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target.



(a) Incendiary weapons can take the form of, for


example, flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances.



(b) Incendiary weapons do not include:


(i) Munitions which may have incidental


incendiary effects, such as illuminants, tracers, smoke or signalling systems;



(ii) Munitions designed to combine



penetration, blast or fragmentation effects with an additional incendiary effect, such as armour-piercing projectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which the incendiary effect is not specifically designed to cause burn injury to persons, but to be used against military objectives, such as armoured vehicles, aircraft and installations or facilities.



2. "Concentration of civilians" means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as in camps or columns of refugees or evacuees, or groups of nomads.



3. "Military objective" means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.



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text
106

4. "Civilian objects" are all objects which are not military objectives as defined in paragraph 3.



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5. "Feasible precautions" are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.


## Article 2 Protection Of Civilians And Civilian Objects



1. It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.



2. It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.


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3. It is further prohibited to make any military objective located within a concentration of civilians the object of attack by means of incendiary weapons other than air-delivered incendiary weapons, except when such military objective is clearly separated from the concentration of civilians and all feasible precautions are taken with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.



4. It is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.


## U.S. Reservation



The United States of America, with reference to Article 2, paragraphs 2 and 3, reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons, but in so doing will take all feasible precautions with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.

U. S.
Signed


Protocol on Blinding Laser Weapons (Protocol IV)
X
X
N/A
95

## Protocol On Blinding Laser Weapons (Protocol Iv) 13 October 1995 Article 1



It is prohibited to employ laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices. The High Contracting Parties shall not transfer such weapons to any State or non-State entity.



In the employment of laser systems, the High Contracting Parties shall take all feasible precautions to avoid the incidence of permanent blindness to unenhanced vision. Such precautions shall include training of their armed forces and other practical measures.



Blinding as an incidental or collateral effect of the legitimate military employment of laser systems, including laser systems used against optical equipment, is not covered by the prohibition of this Protocol.



For the purpose of this protocol "permanent blindness" means irreversible and uncorrectable loss of vision which is seriously disabling with no prospect of recovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellen measured using both eyes.

| U.S.     |     | U.S. Reservation/    |     |
|----------|-----|----------------------|-----|
| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |

U. S.
Signed


X
X
N/A

## Protocol On E**Xplosive** Remnants Of War (P**Rotocol** V) 28 November 2003

The High Contracting Parties,


Recognising the serious post-conflict humanitarian problems caused by explosive remnants of war,

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Conscious of the need to conclude a Protocol on postconflict remedial measures of a generic nature in order to minimise the risks and effects of explosive remnants of war,

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And willing to address generic preventive measures, through voluntary best practices specified in a Technical Annex for improving the reliability of munitions, and therefore minimising the occurrence of explosive remnants of war,


Have agreed as follows:

## Article 1 General Provision And Scope Of Application



1. In conformity with the Charter of the United Nations and of the rules of the international law of armed conflict applicable to them, High Contracting Parties agree to comply with the obligations specified in this Protocol, both individually and in co-operation with other High Contracting Parties, to minimise the risks and effects of explosive remnants of war in postconflict situations.



2.

This Protocol shall apply to explosive remnants of



war on the land territory including internal waters of High Contracting Parties.



3. This Protocol shall apply to situations resulting from conflicts referred to in Article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.



4. Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing explosive remnants of war as defined in Article 2, paragraph 5 of this Protocol.



## Article 2 Definitions

For the purpose of this Protocol,

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Party
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1. "Explosive ordnance means conventional munitions containing explosives, with the exception of mines, booby traps and other devices as defined in Protocol II of this Convention as amended on 3 May 1996.



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2. Unexploded ordnance means explosive ordnance that has been primed, fused, armed, or otherwise prepared for use and used in an armed conflict. It may have been fired, dropped, launched or projected and should have exploded but failed to do so.



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3. Abandoned explosive ordnance means explosive ordnance that has not been used during an armed conflict, that has been left behind or dumped by a party to an armed conflict, and which is no longer under control of the party that left it behind or dumped it. Abandoned explosive ordnance may or may not have been primed, fused, armed or otherwise prepared for use.



4. Explosive remnants of war means unexploded ordnance and abandoned explosive ordnance.



5. Existing explosive remnants of war means unexploded ordnance and abandoned explosive ordnance that existed prior to the entry into force of this Protocol for the High Contracting Party on whose territory it exists.



## Article 3 Clearance, Removal Or Destruction Of Explosive Remnants Of War



1. Each High Contracting Party and party to an armed conflict shall bear the responsibilities set out in this Article with respect to all explosive remnants of
war in territory under its control. In cases where a user of explosive ordnance which has become explosive
remnants of war, does not exercise control of the territory, the user shall, after the cessation of active hostilities, provide where feasible, *inter alia* technical, financial, material or human resources assistance, bilaterally or through a mutually agreed third party, including *inter alia* through the United Nations system or other relevant organisations, to facilitate the marking and clearance, removal or destruction of such explosive remnants of war.



2. After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall mark and clear, remove or destroy explosive remnants of war in affected territories under its control. Areas affected by explosive remnants of war which are assessed pursuant to paragraph 3 of this Article as posing a serious



humanitarian risk shall be accorded priority status for clearance, removal or destruction of explosive


clearance, removal or destruction.

remnants of war in the affected area.



3. After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall take the following measures in affected territories under its control, to reduce the risks posed by explosive remnants of war:


a.

survey and assess the threat posed by explosive remnants of war;


b. assess and prioritise needs and practicability


in terms of marking and clearance, removal or destruction;


c.

mark and clear, remove or destroy explosive remnants of war;



d. take steps to mobilise resources to carry out these activities.



4. In conducting the above activities High Contracting Parties and parties to an armed conflict shall take into account international standards, including the International Mine Action Standards.



5. High Contracting Parties shall co-operate, where appropriate, both among themselves and with other states, relevant regional and international organisations and non-governmental organisations on the provision of *inter alia* technical, financial, material and human resources assistance including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil the provisions of this Article.



## Article 4 Recording, Retaining And Transmission Of Information



1. High Contracting Parties and parties to an armed conflict shall to the maximum extent possible and as far as practicable record and retain information on the use of explosive ordnance or abandonment of explosive ordnance, to facilitate the rapid marking and clearance, removal or destruction of explosive remnants of war, risk education and the provision of relevant information to the party in control of the territory and to civilian populations in that territory.



2. High Contracting Parties and parties to an armed conflict which have used or abandoned explosive ordnance which may have become explosive remnants of war shall, without delay after the cessation of active hostilities and as far as practicable, subject to these parties' legitimate security interests, make available such information to the party or parties in control of the affected area, bilaterally or through a mutually agreed third party including *inter alia* the United Nations or, upon request, to other relevant organisations which the party providing the information is satisfied are or will be undertaking risk education and the marking and



3. In recording, retaining and transmitting such information, the High Contracting Parties should have regard to Part 1 of the Technical Annex.



Other precautions for the protection of the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of


war



High Contracting Parties and parties to an armed conflict shall take all feasible precautions in the territory under their control affected by explosive remnants of war to protect the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war. Feasible precautions are those precautions which are practicable or practicably possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. These precautions may include warnings, risk education to the civilian population, marking, fencing and monitoring of territory affected by explosive remnants of war, as set out in Part 2 of the Technical Annex.



## Article 6 Provisions For The Protection Of Humanitarian Missions And Organisations From The Effects Of Explosive Remnants Of War



1. Each High Contracting Party and party to an armed conflict shall:



a.
Protect, as far as feasible, from the effects of



explosive remnants of war, humanitarian missions and organisations that are or will be operating in the area under the control of the High Contracting Party or party to an armed conflict and with that party's consent.



b. Upon request by such a humanitarian mission



or organisation, provide, as far as feasible, information on the location of all explosive remnants of war that it is aware of in territory where the requesting humanitarian mission or organisation will operate or is operating.



2. The provisions of this Article are without prejudice to existing International Humanitarian Law or other international instruments as applicable or decisions by the Security Council of the United Nations which provide for a higher level of protection.



## Article 7 Exchanges In Accordance With National Legislation And Shall Not Impose Undue Restrictions On The Provision Of Assistance With Respect To Existing Explosive Remnants Clearance Equipment And Related Technological Of War Information For Humanitarian Purposes.



1. Each High Contracting Party has the right to seek and receive assistance, where appropriate, from other High Contracting Parties, from states non-party and relevant international organisations and institutions in dealing with the problems posed by existing explosive remnants of war.



2. Each High Contracting Party in a position to do so shall provide assistance in dealing with the problems posed by existing explosive remnants of war, as necessary and feasible. In so doing, High Contracting Parties shall also take into account the humanitarian objectives of this Protocol, as well as international standards including the International Mine Action Standards.



## Article 8 Co-Operation And Assistance



1. Each High Contracting Party in a position to do so shall provide assistance for the marking and clearance, removal or destruction of explosive remnants of war, and for risk education to civilian populations and related activities *inter alia* through the United Nations system, other relevant international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.



2. Each High Contracting Party in a position to do so shall provide assistance for the care and rehabilitation and social and economic reintegration of victims of explosive remnants of war. Such assistance may be provided *inter alia* through the United Nations system, relevant international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.



3. Each High Contracting Party in a position to do so shall contribute to trust funds within the United Nations system, as well as other relevant trust funds, to facilitate the provision of assistance under this Protocol.



4. Each High Contracting Party shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information other than weapons related technology, necessary for the implementation of this Protocol. High Contracting Parties undertake to facilitate such



5. Each High Contracting Party undertakes to provide information to the relevant databases on mine action established within the United Nations system, especially information concerning various means and technologies of clearance of explosive remnants of war, lists of experts, expert agencies or national points of contact on clearance of explosive remnants of war and, on a voluntary basis, technical information on relevant types of explosive ordnance.



6. High Contracting Parties may submit requests for assistance substantiated by relevant information to the United Nations, to other appropriate bodies or to other states. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organisations and non governmental organisations.



7. In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and in co-operation with the requesting High Contracting Party and other High Contracting Parties with responsibility as set out in Article 3 above, recommend the appropriate provision of assistance. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required, including possible contributions from the trust funds established within the United Nations system.

## Article 9 Generic Preventive Measures



1. Bearing in mind the different situations and capacities, each High Contracting Party is encouraged to take generic preventive measures aimed at minimising the occurrence of explosive remnants of war, including, but not limited to, those referred to in part. 3 of the Technical Annex.



2. Each High Contracting Party may, on a voluntary basis, exchange information related to efforts to promote and establish best practices in respect of paragraph 1 of this Article.


## Article 10 Consultations Of High Contracting Parties



1. The High Contracting Parties undertake to consult and co-operate with each other on all issues related to the operation of this Protocol. For this purpose, a



Conference of High Contracting Parties shall be held as agreed to by a majority, but no less than eighteen High Contracting Parties.



2. The work of the conferences of High Contracting Parties shall include:


a.

review of the status and operation of this Protocol;


b. consideration of matters pertaining to national


implementation of this Protocol, including national reporting or updating on an annual basis.



c.

preparation for review conferences.



3. The costs of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.


## Article 11 Compliance



1. Each High Contracting Party shall require that its armed forces and relevant agencies or departments issue appropriate instructions and operating procedures and that its personnel receive training consistent with the relevant provisions of this Protocol.



2. The High Contracting Parties undertake to consult each other and to co-operate with each other bilaterally, through the Secretary-General of the United Nations or through other appropriate international procedures, to resolve any problems that may arise with regard to the interpretation and application of the provisions of this Protocol.



## Technical Annex



This Technical Annex contains suggested best practice for achieving the objectives contained in Articles 4, 5 and 9 of this Protocol. This Technical Annex will be implemented by High Contracting Parties on a voluntary basis.



1. Recording, storage and release of information for Unexploded Ordnance (UXO) and Abandoned Explosive Ordnance (AXO)


a.
Recording of information: Regarding



explosive ordnance which may have become UXO a State should endeavour to record the following information as accurately as possible:


i.

the location of areas targeted using explosive ordnance;


ii. the approximate number of explosive ordnance used in the areas under (i);



iii. the type and nature of explosive ordnance used in areas under (i);



iv. the general location of known and probable UXO;



Where a State has been obliged to abandon explosive ordnance in the course of operations, it should endeavour to leave AXO in a safe and secure manner and record information on this ordnance as follows:



v.
the location of AXO;



vi. the approximate amount of AXO at each
specific site;



vii. the types of AXO at each specific site.



b. Storage of information: Where a State has



recorded information in accordance with paragraph (a), it should be stored in such a manner as to allow for its retrieval and subsequent release in accordance with paragraph (c).



c.

Release of information: Information recorded



and stored by a State in accordance with paragraphs (a) and (b) should, taking into account the security interests and other obligations of the State providing the information, be released in accordance with the following provisions:

i.
Content:


On UXO the released information should contain details on:


(1) the general location of known and probable UXO;


(2) the types and approximate number of explosive ordnance used in the targeted areas;



(3) the method of identifying the


explosive ordnance including colour, size and shape and other relevant markings;


(4) the method for safe disposal of the explosive ordnance.



On AXO the released information should contain details on:


(5) the location of the AXO;


(6) the approximate number of AXO at each specific site;



(7) the types of AXO at each specific site;


(8) the method of identifying the AXO, including colour, size and shape;


(9) information on type and methods of packing for AXO;


(10) state of readiness;


(11) the location and nature of any booby traps known to be present in the area of AXO.



ii. Recipient: The information should be



released to the party or parties in control of the affected territory and to those persons or institutions that the releasing State is satisfied are, or will be, involved in UXO or AXO clearance in the affected area, in the education of the civilian population on the risks of UXO or AXO.



iii. Mechanism: A State should, where


feasible, make use of those mechanisms established internationally or locally for the release of information, such as through UNMAS, IMSMA, and other expert agencies, as considered appropriate by the releasing State.



iv. Timing: The information should be



released as soon as possible, taking into account such matters as any ongoing military and humanitarian operations in the affected areas, the availability and reliability of information and relevant security issues.



2. Warnings, risk education, marking, fencing and monitoring

## Key Terms



a.

Warnings are the punctual provision of



cautionary information to the civilian population, intended to minimise risks caused by explosive remnants of war in affected territories.



b. Risk education to the civilian population



should consist of risk education programmes to facilitate information exchange between affected communities, government authorities and humanitarian organisations so that affected communities are informed about the threat from explosive remnants of war. Risk education programmes are usually a long term activity.



Best practice elements of warnings and risk education


c.

All programmes of warnings and risk


education should, where possible, take into account prevailing national and international standards, including the International Mine Action Standards.



d. Warnings and risk education should be



provided to the affected civilian population which comprises civilians living in or around areas containing explosive remnants of war and civilians who transit such areas.



e.

Warnings should be given, as soon as



possible, depending on the context and the information available. A risk education programme should replace a warnings programme as soon as possible. Warnings and risk education always should be provided to the affected communities at the earliest possible time.



f.

Parties to a conflict should employ third


parties such as international organisations and non governmental organisations when they do not have the resources and skills to deliver efficient risk education.



g.

Parties to a conflict should, if possible,



provide additional resources for warnings and risk education. Such items might include: provision of logistical support, production of risk education materials, financial support and general cartographic information.



## Marking, Fencing, And Monitoring Of An Explosive Remnants Of War Affected Area



h.

When possible, at any time during the course



of a conflict and thereafter, where explosive remnants of war exist the parties to a conflict should, at the earliest possible time and to the maximum extent possible, ensure that areas containing explosive remnants of war are marked, fenced and monitored so as to ensure the effective exclusion of civilians, in accordance with the following provisions.



i.

Warning signs based on methods of marking



recognised by the affected community should be utilised in the marking of suspected hazardous areas. Signs and other hazardous area boundary markers should as far as possible be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the marked boundary is considered to be within the explosive remnants of war affected area and which side is considered to be safe.



j.

An appropriate structure should be put in


place with responsibility for the monitoring and maintenance of permanent and temporary marking systems, integrated with national and local risk education programmes.


## 3. Generic Preventive Measures



States producing or procuring explosive ordnance should to the extent possible and as appropriate endeavour to ensure that the following measures are implemented and respected during the life-cycle of explosive ordnance.


## A. Munitions Manufacturing Management



i.

Production processes should be designed to achieve the greatest reliability of munitions.



ii. Production processes should be subject to certified quality control measures.



iii. During the production of explosive


ordnance, certified quality assurance standards that are internationally recognised should be applied.



iv. Acceptance testing should be conducted



through live-fire testing over a range of conditions or through other validated procedures.



v.

High reliability standards should be



required in the course of explosive ordnance transactions and transfers.


## B. Munitions Management

In order to ensure the best possible long-term reliability of explosive ordnance, States are encouraged to apply best practice norms and operating procedures with respect to its storage, transport, field storage, and handling in accordance with the following guidance.



i.

Explosive ordnance, where necessary,



should be stored in secure facilities or appropriate containers that protect the explosive ordnance and its components in a controlled atmosphere, if necessary.



ii. A State should transport explosive



ordnance to and from production facilities, storage facilities and the field in a manner that minimises damage to the explosive ordnance.



iii. Appropriate containers and controlled



environments, where necessary, should be used by a State when stockpiling and transporting explosive ordnance.



iv. The risk of explosions in stockpiles


should be minimised by the use of appropriate stockpile arrangements.



v.

States should apply appropriate explosive



ordnance logging, tracking and testing procedures, which should include information on the date of manufacture of each number, lot or batch of explosive ordnance, and information on where the explosive ordnance has been, under what conditions it has been stored, and to what environmental factors it has been exposed.



vi. Periodically, stockpiled explosive


ordnance should undergo, where appropriate, livefiring testing to ensure that munitions function as desired.



vii. Sub-assemblies of stockpiled explosive


ordnance should, where appropriate, undergo laboratory testing to ensure that munitions function as desired.



viii. Where necessary, appropriate action,



including adjustment to the expected shelf-life of ordnance, should be taken as a result of information acquired by logging, tracking and testing procedures, in order to maintain the reliability of stockpiled explosive ordnance.



(c) Training



The proper training of all personnel involved in the handling, transporting and use of explosive ordnance is an important factor in seeking to ensure its reliable operation as intended. States should therefore adopt and maintain suitable training programmes to ensure



that personnel are properly trained with regard to the munitions with which they will be required to deal.



## (D) Transfer

A State planning to transfer explosive ordnance to another State that did not previously possess that type of explosive ordnance should endeavour to ensure that the receiving State has the capability to store, maintain and use that explosive ordnance correctly.


## (E) Future Production

A State should examine ways and means of improving the reliability of explosive ordnance that it intends to produce or procure, with a view to achieving the highest possible reliability.


U. S.
Signed


X
X
Following treaty

## C**Onvention On The** P**Rohibition Of The** Development, P**Roduction**, Stockpiling And U**Se Of** Chemical W**Eapons And On** Their D**Estruction** Signed 13-15 January 1993 Preamble

The States Parties to this Convention,



Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction,



Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations,



Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925),



Recognizing that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972,



Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction,



Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925,


Recognizing the prohibition, embodied in the pertinent agreements and relevant principles of international law, of the use of herbicides as a method of warfare,



| U.S.     |     | U.S. Reservation/    |     |
|----------|-----|----------------------|-----|
| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |
| text     |     |                      |     |
| 188      |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |



Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind,



Desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the economic and technological development of all States Parties,



Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives,

Have agreed as follows:

## Article 1 General Obligations



1. Each State Party to this Convention undertakes never under any circumstances:


(a) To develop, produce, otherwise acquire,


stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;



(b) To use chemical weapons;



(c) To engage in any military preparations to use chemical weapons;



(d) To assist, encourage or induce, in any way,



anyone to engage in any activity prohibited to a State Party under this Convention.



2. Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.



3. Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.



4. Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

5. Each State Party undertakes not to use riot control agents as a method of warfare.



## Article 2 Definitions And Criteria

For the purposes of this Convention:


1. "Chemical Weapons" means the following, together or separately:


(a) Toxic chemicals and their precursors, except


where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;


(b) Munitions and devices, specifically designed



to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;


(c) Any equipment specifically designed for use


directly in connection with the employment of munitions and devices specified in subparagraph (b).



2. "Toxic Chemical" means:



Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.



(For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)



## 3. "Precursor" Means:



Any chemical reactant which takes part. at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.



(For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)



4. "Key Component of Binary or Multicomponent Chemical Systems" (hereinafter referred to as "key component") means:



The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.



5. "Old Chemical Weapons" means:


(a) Chemical weapons which were produced before 1925; or



(b) Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such



extent that they can no longer be used as chemical weapons.


6. "Abandoned Chemical Weapons" means:



Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.


7. "Riot Control Agent" means:



Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.



8. "Chemical Weapons Production Facility":


(a) Means any equipment, as well as any building


housing such equipment, that was designed, constructed or used at any time since 1 January 1946:



(i) As part. of the stage in the production of


chemicals ("final technological stage") where the material flows would contain, when the equipment is in operation:


(1) Any chemical listed in Schedule 1 in the Annex on Chemicals; or


(2) Any other chemical that has no use,



above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes;


or


(ii) For filling chemical weapons, including,



inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into containers that form part. of assembled binary munitions and devices or into chemical submunitions that form part. of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;


(b) Does not mean:



(i) Any facility having a production capacity



for synthesis of chemicals specified in subparagraph (a) (i) that is less than 1 tonne;



(ii) Any facility in which a chemical



specified in subparagraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 percent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter referred to as "Verification Annex"); or


(iii) The single small-scale facility for



production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.



9. "Purposes Not Prohibited Under this Convention" means:


(a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;


(b) Protective purposes, namely those purposes



directly related to protection against toxic chemicals and to protection against chemical weapons;



(c) Military purposes not connected with the use



of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;


(d) Law enforcement including domestic riot control purposes.



10. "Production Capacity" means:



The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity is the corresponding theoretically calculated product output.



11. "Organization" means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention.



12. For the purposes of Article VI:



(a) "Production" of a chemical means its formation through chemical reaction;



(b) "Processing" of a chemical means a physical



process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical;



(c) "Consumption" of a chemical means its



conversion into another chemical via a chemical reaction.



## Article 3 Declarations



1. Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it, the following declarations, in which it shall:



(a) With respect to chemical weapons:



(i) Declare whether it owns or possesses any



chemical weapons, or whether there are any chemical weapons located in any place under its jurisdiction or control;


(ii) Specify the precise location, aggregate



quantity and detailed inventory of chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraphs 1 to 3, of the Verification Annex, except for those chemical weapons referred to in sub-subparagraph (iii);


(iii) Report any chemical weapons on its



territory that are owned and possessed by another State and located in any place under the jurisdiction or control of another State, in accordance with Part IV (A), paragraph 4, of the Verification Annex;



(iv) Declare whether it has transferred or



received, directly or indirectly, any chemical weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance with Part IV (A), paragraph 5, of the Verification Annex;



(v) Provide its general plan for destruction of



chemical weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraph 6, of the Verification Annex;



(b) With respect to old chemical weapons and abandoned chemical weapons:



(i) Declare whether it has on its territory old



chemical weapons and provide all available information in accordance with Part IV (B), paragraph 3, of the Verification Annex;


(ii) Declare whether there are abandoned



chemical weapons on its territory and provide all available information in accordance with Part IV (B), paragraph 8, of the Verification Annex;



(iii) Declare whether it has abandoned



chemical weapons on the territory of other States and provide all available information in accordance with Part IV (B), paragraph 10, of the Verification Annex;



(c) With respect to chemical weapons production facilities:



(i) Declare whether it has or has had any



chemical weapons production facility under its ownership or possession, or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946;


(ii) Specify any chemical weapons



production facility it has or has had under its ownership or possession or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946, in accordance with Part V, paragraph 1,



of the Verification Annex, except for those facilities referred to in sub-subparagraph (iii);



(iii) Report any chemical weapons production



facility on its territory that another State has or has had under its ownership and possession and that is or has been located in any place under the jurisdiction or control of another State at any time since 1 January 1946, in accordance with Part V, paragraph 2, of the Verification Annex;



(iv) Declare whether it has transferred or



received, directly or indirectly, any equipment for the production of chemical weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex;


(v) Provide its general plan for destruction of



any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex;



(vi) Specify actions to be taken for closure of



any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 1 (i), of the Verification Annex;


(vii) Provide its general plan for any



temporary conversion of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, into a chemical weapons destruction facility, in accordance with Part V, paragraph 7, of the Verification Annex;



(d) With respect to other facilities:



Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or possession, or located in any place under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 primarily for development of chemical weapons. Such declaration shall include, *inter alia*, laboratories and test and evaluation sites;



(e) With respect to riot control agents:



Specify the chemical name, structural formula and Chemical Abstracts Service (CAS) registry number, if assigned, of each chemical it holds for riot control purposes. This declaration shall be updated not later than 30 days after any change becomes effective.



2. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.



## Article 4 Chemical Weapons



1. The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a State Party, or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV (b) of the Verification Annex applies.



2. Detailed procedures for the implementation of this Article are set forth in the Verification Annex.



3. All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments, in accordance with Part IV (a) of the Verification Annex.



4. Each State Party shall, immediately after the declaration under Article III, paragraph 1 (a), has been submitted, provide access to chemical weapons specified in paragraph 1 for the purpose of systematic verification of the declaration through on-site inspection. Thereafter, each State Party shall not remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide access to such chemical weapons, for the purpose of systematic on-site verification.



5. Each State Party shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through onsite inspection and monitoring with on-site instruments.



6. Each State Party shall destroy all chemical weapons specified in paragraph 1 pursuant to the Verification Annex and in accordance with the agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin not later than two years after this Convention enters into force for it and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate.



7. Each State Party shall:


(a) Submit detailed plans for the destruction of



chemical weapons specified in paragraph 1 not later than 60 days before each annual destruction period begins, in accordance with Part IV (A), paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed during the next annual destruction period;


(b) Submit declarations annually regarding the


implementation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60



days after the end of each annual destruction period; and


(c) Certify, not later than 30 days after the



destruction process has been completed, that all chemical weapons specified in paragraph 1 have been destroyed.



8. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.


9. Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, secured and destroyed in accordance with Part IV (a) of the Verification Annex.



10. Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.



11. Any State Party which has on its territory chemical weapons that are owned or possessed by another State, or that are located in any place under the jurisdiction or control of another State, shall make the fullest efforts to ensure that these chemical weapons are removed from its territory not later than one year after this Convention enters into force for it. If they are not removed within one year, the State Party may request the Organization and other States Parties to provide assistance in the destruction of these chemical weapons.



12. Each State Party undertakes to cooperate with other States Parties that request information or assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for the safe and efficient destruction of chemical weapons.



13. In carrying out verification activities pursuant to this Article and Part IV (a) of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons storage and their destruction among States Parties. To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:



(a) Verification provisions of such an agreement


are consistent with the verification provisions of this Article and Part IV (a) of the Verification Annex;


(b) Implementation of such an agreement


provides for sufficient assurance of compliance with the relevant provisions of this Convention; and



(c) Parties to the bilateral or multilateral


agreement keep the Organization fully informed about their verification activities.


14. If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.



15. Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III, this Article and Part IV (a) of the Verification Annex.



16. Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 13, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.



17. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.



## Article 5 Chemical Weapons Production Facilities



1. The provisions of this Article and the detailed
procedures for its implementation shall apply to any
and all chemical weapons production facilities owned or possessed by a State Party, or that are located in any place under its jurisdiction or control.


2. Detailed procedures for the implementation of this Article are set forth in the Verification Annex.



3. All chemical weapons production facilities specified in paragraph 1 shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V of the Verification Annex.



4. Each State Party shall cease immediately all activity at chemical weapons production facilities specified in paragraph 1, except activity required for closure.



5. No State Party shall construct any new chemical weapons production facilities or modify any existing


facilities for the purpose of chemical weapons production or for any other activity prohibited under this Convention.



6. Each State Party shall, immediately after the declaration under Article III, paragraph 1 (c), has been submitted, provide access to chemical weapons production facilities specified in paragraph 1, for the purpose of systematic verification of the declaration through on-site inspection.



7. Each State Party shall:



(a) Close, not later than 90 days after this



Convention enters into force for it, all chemical weapons production facilities specified in paragraph 1, in accordance with Part V of the Verification Annex, and give notice thereof; and



(b) Provide access to chemical weapons



production facilities specified in paragraph 1, subsequent to closure, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments in order to ensure that the facility remains closed and is subsequently destroyed.



8. Each State Party shall destroy all chemical weapons production facilities specified in paragraph 1 and related facilities and equipment, pursuant to the Verification Annex and in accordance with an agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin not later than one year after this Convention enters into force for it, and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such facilities at a faster rate.


9. Each State Party shall:



(a) Submit detailed plans for destruction of



chemical weapons production facilities specified in paragraph 1, not later than 180 days before the destruction of each facility begins;



(b) Submit declarations annually regarding the



implementation of its plans for the destruction of all chemical weapons production facilities specified in paragraph 1, not later than 90 days after the end of each annual destruction period; and



(c) Certify, not later than 30 days after the


destruction process has been completed, that all chemical weapons production facilities specified in paragraph 1 have been destroyed.



10. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 8, it shall destroy chemical weapons production facilities specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.



11. Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall destroy chemical weapons production facilities in accordance with its national standards for safety and emissions.



12. Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical weapons in accordance with Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted facility must be destroyed as soon as it is no longer in use for destruction of chemical weapons but, in any case, not later than 10 years after entry into force of this Convention.



13. A State Party may request, in exceptional cases of compelling need, permission to use a chemical weapons production facility specified in paragraph 1 for purposes not prohibited under this Convention. Upon the recommendation of the Executive Council, the Conference of the States Parties shall decide whether or not to approve the request and shall establish the conditions upon which approval is contingent in accordance with Part V, Section D, of the Verification Annex.



14. The chemical weapons production facility shall be converted in such a manner that the converted facility is not more capable of being reconverted into a chemical weapons production facility than any other facility used for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes not involving chemicals listed in Schedule 1.



15. All converted facilities shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V, Section D, of the Verification Annex.



16. In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons production facilities and their destruction among States Parties. To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:



(a) Verification provisions of such an agreement


are consistent with the verification provisions of this Article and Part V of the Verification Annex;



(b) Implementation of the agreement provides for


sufficient assurance of compliance with the relevant provisions of this Convention; and



(c) Parties to the bilateral or multilateral


agreement keep the Organization fully informed about their verification activities.



17. If the Executive Council takes a decision pursuant to paragraph 16, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.



18. Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations pursuant to Article III, this Article and Part V of the Verification Annex.



19. Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy. It shall also meet the costs of verification under this Article unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.



## Article 6 Activities Not Prohibited Under This Convention



1. Each State Party has the right, subject to the provisions of this Convention, to develop, produce, otherwise acquire, retain, transfer and use toxic chemicals and their precursors for purposes not prohibited under this Convention.



2. Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention. To this end, and in order to verify that activities are in accordance with obligations under this Convention, each State Party shall subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Verification Annex, that are located on its territory or in any other place under its jurisdiction or control, to verification measures as provided in the Verification Annex.



3. Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as Schedule 1 chemicals") to the prohibitions on production, acquisition, retention, transfer and use as specified in Part VI of the Verification Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of the Verification Annex to systematic verification through on-site inspection and monitoring with on-site



instruments in accordance with that Part of the Verification Annex.



4. Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as "Schedule 2 chemicals") and facilities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.



5. Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as "Schedule 3 chemicals") and facilities specified in Part VIII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.



6. Each State Party shall subject facilities specified in Part IX of the Verification Annex to data monitoring and eventual on-site verification in accordance with that Part of the Verification Annex unless decided otherwise by the Conference of the States Parties pursuant to Part IX, paragraph 22, of the Verification Annex.



7. Not later than 30 days after this Convention enters into force for it, each State Party shall make an initial declaration on relevant chemicals and facilities in accordance with the Verification Annex.



8. Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with the Verification Annex.



9. For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required in the Verification Annex.



10. In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party's chemical activities for purposes not prohibited under this Convention and, in particular, abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter referred to as
"Confidentiality Annex").



11. The provisions of this Article shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.



## Article 7 National Implementation Measures General Undertakings



1. Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. In particular, it shall:



(a) Prohibit natural and legal persons anywhere



on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a State Party under this Convention, including enacting penal legislation with respect to such activity;



(b) Not permit in any place under its control any



activity prohibited to a State Party under this Convention; and


(c) Extend its penal legislation enacted under



subparagraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law.



2. Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.



3. Each State Party, during the implementation of its obligations under this Convention, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard.


## Relations Between The State Party And The Organization



4. In order to fulfil its obligations under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall notify the Organization of its National Authority at the time that this Convention enters into force for it.



5. Each State Party shall inform the Organization of the legislative and administrative measures taken to implement this Convention.



6. Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Convention. It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex.



7. Each State Party undertakes to cooperate with the Organization in the exercise of all its functions and in particular to provide assistance to the Technical Secretariat.



## Article 8 The Organization A. General Provisions



1. The States Parties to this Convention hereby establish the Organization for the Prohibition of Chemical Weapons to achieve the object and purpose of this Convention, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.



2. All States Parties to this Convention shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.



3. The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands.



4. There are hereby established as the organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat.



5. The Organization shall conduct its verification activities provided for under this Convention in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Convention. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Convention and, in particular, shall abide by the provisions set forth in the Confidentiality Annex.



6. In undertaking its verification activities the Organization shall consider measures to make use of advances in science and technology.



7. The costs of the Organization's activities shall be paid by States Parties in accordance with the United Nations scale of assessment adjusted to take into account differences in membership between the United Nations and this Organization, and subject to the provisions of Articles IV and V. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget. The budget of the Organization shall comprise two separate chapters, one relating to administrative and other costs, and one relating to verification costs.



8. A member of the Organization which is in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is



satisfied that the failure to pay is due to conditions beyond the control of the member.


## B. The Conference Of The States Parties Composition, Procedures And Decision-Making

9. The Conference of the States Parties (hereinafter referred to as "the Conference") shall be composed of all members of this Organization. Each member shall have one representative in the Conference, who may be accompanied by alternates and advisers.



10. The first session of the Conference shall be convened by the depositary not later than 30 days after the entry into force of this Convention.



11. The Conference shall meet in regular sessions which shall be held annually unless it decides otherwise.



12. Special sessions of the Conference shall be convened:

(a) When decided by the Conference;


(b) When requested by the Executive Council;


(c) When requested by any member and supported by one third of the members; or



(d) In accordance with paragraph 22 to undertake reviews of the operation of this Convention.



Except in the case of subparagraph (d), the special session shall be convened not later than 30 days after receipt of the request by the Director-General of the Technical Secretariat, unless specified otherwise in the request.



13. The Conference shall also be convened in the form of an Amendment Conference in accordance with Article XV, paragraph 2.



14. Sessions of the Conference shall take place at the seat of the Organization unless the Conference decides otherwise.



15. The Conference shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next regular session.



16. A majority of the members of the Organization shall constitute a quorum for the Conference.



17. Each member of the Organization shall have one vote in the Conference.



18. The Conference shall take decisions on questions of procedure by a simple majority of the members present and voting. Decisions on matters of substance should be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for



decision, the Chairman shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take the decision by a twothirds majority of members present and voting unless specified otherwise in this Convention. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance.



## Powers And Functions



19. The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Convention, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.



20. The Conference shall oversee the implementation of this Convention, and act in order to promote its object and purpose. The Conference shall review compliance with this Convention. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines in accordance with this Convention to either of them in the exercise of their functions.



21. The Conference shall:



(a) Consider and adopt at its regular sessions the


report, programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports;


(b) Decide on the scale of financial contributions



to be paid by States Parties in accordance with paragraph 7;



(c) Elect the members of the Executive Council;


(d) Appoint the Director-General of the Technical



Secretariat (hereinafter referred to as "the Director- General");


(e) Approve the rules of procedure of the Executive Council submitted by the latter;



(f) Establish such subsidiary organs as it finds


necessary for the exercise of its functions in accordance with this Convention;


(g) Foster international cooperation for peaceful purposes in the field of chemical activities;


(h) Review scientific and technological developments that could affect the operation of this



Convention and, in this context, direct the Director- General to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this Convention, to the Conference, the Executive Council or States Parties. The Scientific Advisory Board shall be composed of independent experts appointed in accordance with terms of reference adopted by the Conference;



(i) Consider and approve at its first session any


draft agreements, provisions and guidelines developed by the Preparatory Commission;


(j) Establish at its first session the voluntary fund for assistance in accordance with Article X;



(k) Take the necessary measures to ensure



compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention, in accordance with Article XII.



22. The Conference shall not later than one year after the expiry of the fifth and the tenth year after the entry into force of this Convention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake reviews of the operation of this Convention. Such reviews shall take into account any relevant scientific and technological developments. At intervals of five years thereafter, unless otherwise decided upon, further sessions of the Conference shall be convened with the same objective.


## C. The Executive Council Composition, Procedure And Decision-Making



23. The Executive Council shall consist of 41 members. Each State Party shall have the right, in accordance with the principle of rotation, to serve on the Executive Council. The members of the Executive Council shall be elected by the Conference for a term of two years. In order to ensure the effective functioning of this Convention, due regard being specially paid to equitable geographical distribution, to the importance of chemical industry, as well as to political and security interests, the Executive Council shall be composed as follows:



(a) Nine States Parties from Africa to be



designated by States Parties located in this region. As a basis for this designation it is understood that, out of these nine States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;



(b) Nine States Parties from Asia to be designated



by States Parties located in this region. As a basis for this designation it is understood that, out of these nine



States Parties, four members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these four members;



(c) Five States Parties from Eastern Europe to be



designated by States Parties located in this region. As a basis for this designation it is understood that, out of these five States Parties, one member shall, as a rule, be the State Party with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating this one member;



(d) Seven States Parties from Latin America and



the Caribbean to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these seven States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;


(e) Ten States Parties from among Western



European and other States to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these 10 States Parties, 5 members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these five members;



(f) One further State Party to be designated



consecutively by States Parties located in the regions of Asia and Latin America and the Caribbean. As a basis for this designation it is understood that this State Party shall be a rotating member from these regions.



24. For the first election of the Executive Council 20 members shall be elected for a term of one year, due regard being paid to the established numerical proportions as described in paragraph 23.



25. After the full implementation of Articles 4 and 5 the Conference may, upon the request of a majority of the members of the Executive Council, review the composition of the Executive Council taking into account developments related to the principles specified in paragraph 23 that are governing its composition.



26. The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.



27. The Executive Council shall elect its Chairman from among its members.


28. The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as often as may be required for the fulfilment of its powers and functions.


29. Each member of the Executive Council shall have one vote. Unless otherwise specified in this Convention, the Executive Council shall take decisions on matters of substance by a two-thirds majority of all its members. The Executive Council shall take decisions on questions of procedure by a simple majority of all its members. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance.


## Powers And Functions



30. The Executive Council shall be the executive organ of the Organization. It shall be responsible to the Conference. The Executive Council shall carry out the powers and functions entrusted to it under this Convention, as well as those functions delegated to it by the Conference. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and assure their proper and continuous implementation.



31. The Executive Council shall promote the effective implementation of, and compliance with, this Convention. It shall supervise the activities of the Technical Secretariat, cooperate with the National Authority of each State Party and facilitate consultations and cooperation among States Parties at their request.



32. The Executive Council shall:



(a) Consider and submit to the Conference the draft programme and budget of the Organization;



(b) Consider and submit to the Conference the



draft report of the Organization on the implementation of this Convention, the report on the performance of its own activities and such special reports as it deems necessary or which the Conference may request;


(c) Make arrangements for the sessions of the


Conference including the preparation of the draft agenda.



33. The Executive Council may request the convening of a special session of the Conference.



34. The Executive Council shall:


(a) Conclude agreements or arrangements with



States and international organizations on behalf of the Organization, subject to prior approval by the Conference;


(b) Conclude agreements with States Parties on



behalf of the Organization in connection with Article 10 and supervise the voluntary fund referred to in Article 10;


(c) Approve agreements or arrangements relating


to the implementation of verification activities, negotiated by the Technical Secretariat with States Parties.



35. The Executive Council shall consider any issue or matter within its competence affecting this Convention and its implementation, including concerns regarding compliance, and cases of non-compliance, and, as appropriate, inform States Parties and bring the issue or matter to the attention of the Conference.



36. In its consideration of doubts or concerns regarding compliance and cases of non-compliance, including, *inter alia*, abuse of the rights provided for under this Convention, the Executive Council shall consult with the States Parties involved and, as appropriate, request the State Party to take measures to redress the situation within a specified time. To the extent that the Executive Council considers further action to be necessary, it shall take, *inter alia*, one or more of the following measures:



(a) Inform all States Parties of the issue or matter;



(b) Bring the issue or matter to the attention of the
Conference;



(c) Make recommendations to the Conference



regarding measures to redress the situation and to ensure compliance.



The Executive Council shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant information and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council. It shall at the same time inform all States Parties of this step.



## D. The Technical Secretariat



37. The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions. The Technical Secretariat shall carry out the verification measures provided for in this Convention. It shall carry out the other functions entrusted to it under this Convention as well as those functions delegated to it by the Conference and the Executive Council.



38. The Technical Secretariat shall:



(a) Prepare and submit to the Executive Council the draft programme and budget of the Organization;



(b) Prepare and submit to the Executive Council


the draft report of the Organization on the implementation of this Convention and such other


reports as the Conference or the Executive Council may request;


(c) Provide administrative and technical support


to the Conference, the Executive Council and subsidiary organs;


(d) Address and receive communications on


behalf of the Organization to and from States Parties on matters pertaining to the implementation of this Convention;


(e) Provide technical assistance and technical


evaluation to States Parties in the implementation of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals.



39. The Technical Secretariat shall:



(a) Negotiate agreements or arrangements relating



to the implementation of verification activities with States Parties, subject to approval by the Executive Council;


(b) Not later than 180 days after entry into force



of this Convention, coordinate the establishment and maintenance of permanent stockpiles of emergency and humanitarian assistance by States Parties in accordance with Article 10, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the items maintained for serviceability. Lists of items to be stockpiled shall be considered and approved by the Conference pursuant to paragraph 21 (i) above;



(c) Administer the voluntary fund referred to in



Article 10, compile declarations made by the States Parties and register, when requested, bilateral agreements concluded between States Parties or between a State Party and the Organization for the purposes of Article 10.



40. The Technical Secretariat shall inform the Executive Council of any problem that has arisen with regard to the discharge of its functions, including doubts, ambiguities or uncertainties about compliance with this Convention that have come to its notice in the performance of its verification activities and that it has been unable to resolve or clarify through its consultations with the State Party concerned.


41. The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, inspectors and such scientific, technical and other personnel as may be required.


42. The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of the Director-General.



43. The Director-General shall be appointed by the Conference upon the recommendation of the Executive Council for a term of four years, renewable for one further term, but not thereafter.



44. The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the staff and the organization and functioning of the Technical Secretariat. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Only citizens of States Parties shall serve as the Director-General, as inspectors or as other members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.



45. The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph 21 (h). The Director- General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of their expertise in the particular scientific fields relevant to the implementation of this Convention. T he Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.



46. In the performance of their duties, the Director- General, the inspectors and the other members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect on their positions as international officers responsible only to the Conference and the Executive Council.



47. Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors and the other members of the staff and not seek to influence them in the discharge of their responsibilities.


## E. Privileges And Immunities



48. The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.



49. Delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, the Director-General and the staff of the Organization shall enjoy such privileges and



immunities as are necessary in the independent exercise of their functions in connection with the Organization.



50. The legal capacity, privileges, and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the headquarters of the Organization is seated. These agreements shall be considered and approved by the Conference pursuant to paragraph 21 (i).


51. Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the Director- General and the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in Part II, Section B, of the Verification Annex.



## Article 9 Consultations, Cooperation And Fact-Finding



1. States Parties shall consult and cooperate, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Convention.



2. Without prejudice to the right of any State Party to request a challenge inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, through exchange of information and consultations among themselves, any matter which may cause doubt about compliance with this Convention, or which gives rise to concerns about a related matter which may be considered ambiguous. A
State Party which receives a request from another State Party for clarification of any matter which the requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as soon as possible, but in any case not later than 10 days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter. Nothing in this Convention shall affect the right of any two or more States Parties to arrange by mutual consent for inspections or any other procedures among themselves to clarify and resolve any matter which may cause doubt about compliance or gives rise to a concern about a related matter which may be considered ambiguous. Such arrangements shall not affect the rights and obligations of any State Party under other provisions of this Convention.


## Procedure For Requesting Clarification



3. A State Party shall have the right to request the Executive Council to assist in clarifying any situation which may be considered ambiguous or which gives rise to a concern about the possible non-compliance of another State Party with this Convention. The Executive Council shall provide appropriate information in its possession relevant to such a concern.



4. A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any situation which may be considered ambiguous or which gives rise to a concern about its possible non-compliance with this Convention. In such a case, the following shall apply:

(a) The Executive Council shall forward the



request for clarification to the State Party concerned through the Director-General not later than 24 hours after its receipt;


(b) The requested State Party shall provide the



clarification to the Executive Council as soon as possible, but in any case not later than 10 days after the receipt of the request;


(c) The Executive Council shall take note of the



clarification and forward it to the requesting State Party not later than 24 hours after its receipt;


(d) If the requesting State Party deems the



clarification to be inadequate, it shall have the right to request the Executive Council to obtain from the requested State Party further clarification;


(e) For the purpose of obtaining further



clarification requested under subparagraph (d), the Executive Council may call on the Director-General to establish a group of experts from the Technical Secretariat, or if appropriate staff are not available in the Technical Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern. The group of experts shall submit a factual report to the Executive Council on its findings;


(f) If the requesting State Party considers the



clarification obtained under subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to request a special session of the Executive Council in which States Parties involved that are not members of the Executive Council shall be entitled to take part. In such a special session, the Executive Council shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.



5. A State Party shall also have the right to request the Executive Council to clarify any situation which has been considered ambiguous or has given rise to a concern about its possible non-compliance with this Convention. The Executive Council shall respond by providing such assistance as appropriate.



6. The Executive Council shall inform the States Parties about any request for clarification provided in this Article.



7. If the doubt or concern of a State Party about a possible non-compliance has not been resolved within 60 days after the submission of the request for clarification to the Executive Council, or it believes its doubts warrant urgent consideration, notwithstanding its right to request a challenge inspection, it may request a special session of the Conference in accordance with Article VIII, paragraph 12 (c). At such a special session, the Conference shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.



## Procedures For Challenge Inspections



8. Each State Party has the right to request an on-site challenge inspection of any facility or location in the territory or in any other place under the jurisdiction or control of any other State Party for the sole purpose of clarifying and resolving any questions concerning possible non-compliance with the provisions of this Convention, and to have this inspection conducted anywhere without delay by an inspection team designated by the Director-General and in accordance with the Verification Annex.



9. Each State Party is under the obligation to keep the inspection request within the scope of this Convention and to provide in the inspection request all appropriate information on the basis of which a concern has arisen regarding possible non-compliance with this Convention as specified in the Verification Annex. Each State Party shall refrain from unfounded inspection requests, care being taken to avoid abuse. The challenge inspection shall be carried out for the sole purpose of determining facts relating to the possible non-compliance.



10. For the purpose of verifying compliance with the provisions of this Convention, each State Party shall permit the Technical Secretariat to conduct the on-site challenge inspection pursuant to paragraph 8.



11. Pursuant to a request for a challenge inspection of a facility or location, and in accordance with the procedures provided for in the Verification Annex, the inspected State Party shall have:



(a) The right and the obligation to make every



reasonable effort to demonstrate its compliance with this Convention and, to this end, to enable the inspection team to fulfil its mandate;



(b) The obligation to provide access within the



requested site for the sole purpose of establishing facts relevant to the concern regarding possible non compliance; and



(c) The right to take measures to protect sensitive



installations, and to prevent disclosure of confidential information and data, not related to this Convention.



12. With regard to an observer, the following shall apply:



(a) The requesting State Party may, subject to the



agreement of the inspected State Party, send a representative who may be a national either of the requesting State Party or of a third State Party, to observe the conduct of the challenge inspection.



(b) The inspected State Party shall then grant



access to the observer in accordance with the Verification Annex.



(c) The inspected State Party shall, as a rule,



accept the proposed observer, but if the inspected State Party exercises a refusal, that fact shall be recorded in the final report.



13. The requesting State Party shall present an inspection request for an on-site challenge inspection to the Executive Council and at the same time to the Director-General for immediate processing.



14. The Director-General shall immediately ascertain that the inspection request meets the requirements specified in Part X, paragraph 4, of the Verification Annex, and, if necessary, assist the requesting State Party in filing the inspection request accordingly. When the inspection request fulfils the requirements, preparations for the challenge inspection shall begin.



15. The Director-General shall transmit the inspection request to the inspected State Party not less than 12 hours before the planned arrival of the inspection team at the point of entry.



16. After having received the inspection request, the Executive Council shall take cognizance of the Director-General's actions on the request and shall keep the case under its consideration throughout the inspection procedure. However, its deliberations shall not delay the inspection process.



17. The Executive Council may, not later than 12 hours after having received the inspection request, decide by a three-quarter majority of all its members against carrying out the challenge inspection, if it considers the inspection request to be frivolous, abusive or clearly beyond the scope of this Convention as described in paragraph 8. Neither the requesting nor the inspected State Party shall participate in such a decision. If the Executive Council decides against the challenge inspection, preparations shall be stopped, no further action on the inspection request shall be taken, and the States Parties concerned shall be informed accordingly.



18. The Director-General shall issue an inspection mandate for the conduct of the challenge inspection.



The inspection mandate shall be the inspection request referred to in paragraphs 8 and 9 put into operational terms, and shall conform with the inspection request.



19. The challenge inspection shall be conducted in accordance with Part X or, in the case of alleged use, in accordance with Part XI of the Verification Annex. The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the effective and timely accomplishment of its mission.



20. The inspected State Party shall assist the inspection team throughout the challenge inspection and facilitate its task. If the inspected State Party proposes, pursuant to Part X, Section C, of the Verification Annex, arrangements to demonstrate compliance with this Convention, alternative to full and comprehensive access, it shall make every reasonable effort, through consultations with the inspection team, to reach agreement on the modalities for establishing the facts with the aim of demonstrating its compliance.



21. The final report shall contain the factual findings as well as an assessment by the inspection team of the degree and nature of access and cooperation granted for the satisfactory implementation of the challenge inspection. The Director-General shall promptly transmit the final report of the inspection team to the requesting State Party, to the inspected State Party, to the Executive Council and to all other States Parties. The Director-General shall further transmit promptly to the Executive Council the assessments of the requesting and of the inspected States Parties, as well as the views of other States Parties which may be conveyed to the Director-General for that purpose, and then provide them to all States Parties.



22. The Executive Council shall, in accordance with its powers and functions, review the final report of the inspection team as soon as it is presented, and address any concerns as to:



(a) Whether any non-compliance has occurred;


(b) Whether the request had been within the scope
of this Convention; and



(c) Whether the right to request a challenge
inspection had been abused.



23. If the Executive Council reaches the conclusion, in keeping with its powers and functions, that further action may be necessary with regard to paragraph 22, it shall take the appropriate measures to redress the situation and to ensure compliance with this Convention, including specific recommendations to the Conference. In the case of abuse, the Executive Council shall examine whether the requesting State Party should bear any of the financial implications of the challenge inspection.



24. The requesting State Party and the inspected State Party shall have the right to participate in the review process. The Executive Council shall inform the States Parties and the next session of the Conference of the outcome of the process.



25. If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action in accordance with Article 7.



## Article 10 Assistance And Protection Against Chemical Weapons



1. For the purposes of this Article, "Assistance" means the coordination and delivery to States Parties of protection against chemical weapons, including, inter alia, the following: detection equipment and alarm systems; protective equipment; decontamination equipment and decontaminants; medical antidotes and treatments; and advice on any of these protective measures.



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2. Nothing in this Convention shall be interpreted as impeding the right of any State Party to conduct research into, develop, produce, acquire, transfer or use means of protection against chemical weapons, for purposes not prohibited under this Convention.



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3. Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest possible exchange of equipment, material and scientific and technological information concerning means of protection against chemical weapons.



4. For the purposes of increasing the transparency of national programmes related to protective purposes, each State Party shall provide annually to the Technical Secretariat information on its programme, in accordance with procedures to be considered and approved by the Conference pursuant to Article 8, paragraph 21 (i).



5. The Technical Secretariat shall establish, not later than 180 days after entry into force of this Convention and maintain, for the use of any requesting State Party, a data bank containing freely available information concerning various means of protection against chemical weapons as well as such information as may be provided by States Parties.



The Technical Secretariat shall also, within the resources available to it, and at the request of a State Party, provide expert advice and assist the State Party in identifying how its programmes for the development and improvement of a protective capacity against chemical weapons could be implemented.



6. Nothing in this Convention shall be interpreted as impeding the right of States Parties to request and provide assistance bilaterally and to conclude



individual agreements with other States Parties concerning the emergency procurement of assistance.


7. Each State Party undertakes to provide assistance through the Organization and to this end to elect to take one or more of the following measures:



(a) To contribute to the voluntary fund for



assistance to be established by the Conference at its first session;



(b) To conclude, if possible not later than 180


days after this Convention enters into force for it, agreements with the Organization concerning the procurement, upon demand, of assistance;


(c) To declare, not later than 180 days after this



Convention enters into force for it, the kind of assistance it might provide in response to an appeal by the Organization. If, however, a State Party subsequently is unable to provide the assistance envisaged in its declaration, it is still under the obligation to provide assistance in accordance with this paragraph.



8. Each State Party has the right to request and, subject to the procedures set forth in paragraphs 9, 10 and 11, to receive assistance and protection against the use or threat of use of chemical weapons if it considers that:



(a) Chemical weapons have been used against it;


(b) Riot control agents have been used against it
as a method of warfare; or



(c) It is threatened by actions or activities of any State that are prohibited for States Parties by Article 1.



9. The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit it immediately to the Executive Council and to all States Parties. The Director-General shall immediately forward the request to States Parties which have volunteered, in accordance with paragraphs
7 (b) and (c), to dispatch emergency assistance in case of use of chemical weapons or use of riot control agents as a method of warfare, or humanitarian assistance in case of serious threat of use of chemical weapons or serious threat of use of riot control agents as a method of warfare to the State Party concerned not later than 12 hours after receipt of the request. The Director-General shall initiate, not later than 24 hours after receipt of the request, an investigation in order to provide foundation for further action. He shall complete the investigation within 72 hours and forward a report to the Executive Council. If additional time is required for completion of the investigation, an interim report shall be submitted within the same time-frame. The additional time required for investigation shall not exceed 72 hours. It may, however, be further extended by similar periods. Reports at the end of each additional period shall be submitted to the Executive



Council. The investigation shall, as appropriate and in conformity with the request and the information accompanying the request, establish relevant facts related to the request as well as the type and scope of supplementary assistance and protection needed.



10. The Executive Council shall meet not later than 24 hours after receiving an investigation report to consider the situation and shall take a decision by simple majority within the following 24 hours on whether to instruct the Technical Secretariat to provide supplementary assistance. The Technical Secretariat shall immediately transmit to all States Parties and relevant international organizations the investigation report and the decision taken by the Executive Council. When so decided by the Executive Council, the Director-General shall provide assistance immediately. For this purpose, the Director-General may cooperate with the requesting State Party, other States Parties and relevant international organizations. The States Parties shall make the fullest possible efforts to provide assistance.



11. If the information available from the ongoing investigation or other reliable sources would give sufficient proof that there are victims of use of chemical weapons and immediate action is indispensable, the Director-General shall notify all States Parties and shall take emergency measures of assistance, using the resources the Conference has placed at his disposal for such contingencies. The Director-General shall keep the Executive Council informed of actions undertaken pursuant to this paragraph.



## Article 11 Economic And Technological Development



1. The provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.



2. Subject to the provisions of this Convention and without prejudice to the principles and applicable rules of international law, the States Parties shall:


(a) Have the right, individually or collectively, to



conduct research with, to develop, produce, acquire, retain, transfer, and use chemicals;



(b) Undertake to facilitate, and have the right to


participate in, the fullest possible exchange of chemicals, equipment and scientific and technical



information relating to the development and application of chemistry for purposes not prohibited under this Convention;


(c) Not maintain among themselves any



restrictions, including those in any international agreements, incompatible with the obligations undertaken under this Convention, which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;


(d) Not use this Convention as grounds for


applying any measures other than those provided for, or permitted, under this Convention nor use any other international agreement for pursuing an objective inconsistent with this Convention;



(e) Undertake to review their existing national



regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Convention.


## Article 12 Measures To Redress A Situation And To Ensure Compliance, Including Sanctions



1. The Conference shall take the necessary measures, as set forth in paragraphs 2, 3 and 4, to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention. In considering action pursuant to this paragraph, the Conference shall take into account all information and recommendations on the issues submitted by the Executive Council.



2. In cases where a State Party has been requested by the Executive Council to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfil the request within the specified time, the Conference may, inter alia, upon the recommendation of the Executive Council, restrict or suspend the State Party's rights and privileges under this Convention until it undertakes the necessary action to conform with its obligations under this Convention.



3. In cases where serious damage to the object and purpose of this Convention may result from activities prohibited under this Convention, in particular by Article 1, the Conference may recommend collective measures to States Parties in conformity with international law.



4. The Conference shall, in cases of particular gravity, bring the issue, including relevant information and conclusions, to the attention of the United Nations General Assembly and the United Nations Security Council.



## Article 13 Relation To Other International Agreements



Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed at London, Moscow and Washington on 10 April 1972.


## Article 14 Settlement Of Disputes



1. Disputes that may arise concerning the application or the interpretation of this Convention shall be settled in accordance with the relevant provisions of this Convention and in conformity with the provisions of the Charter of the United Nations.



2. When a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the interpretation or application of this Convention, the parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of the parties' choice, including recourse to appropriate organs of this Convention and, by mutual consent, referral to the International Court of Justice in conformity with the Statute of the Court. The States Parties involved shall keep the Executive Council informed of actions being taken.



3. The Executive Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties to a dispute to start. the settlement process of their choice and recommending a time-limit for any agreed procedure.



4. The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the Executive Council. The Conference shall, as it finds necessary, establish or entrust organs with tasks related to the settlement of these disputes in conformity with Article 8, paragraph 21 (f).



5. The Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the activities of the Organization. An agreement between the Organization and the United Nations shall



be concluded for this purpose in accordance with Article 8, paragraph 34 (a).



6. This Article is without prejudice to Article 9 or to the provisions on measures to redress a situation and to ensure compliance, including sanctions.


## Article 15 Amendments



1. Any State Party may propose amendments to this Convention. Any State Party may also propose changes, as specified in paragraph 4, to the Annexes of this Convention. Proposals for amendments shall be subject to the procedures in paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall be subject to the procedures in paragraph 5.



2. The text of a proposed amendment shall be submitted to the Director-General for circulation to all States Parties and to the Depositary. The proposed amendment shall be considered only by an Amendment Conference. Such an Amendment Conference shall be convened if one third or more of the States Parties notify the Director-General not later than 30 days after its circulation that they support further consideration of the proposal. The Amendment Conference shall be held immediately following a regular session of the Conference unless the requesting States Parties ask for an earlier meeting. In no case shall an Amendment Conference be held less than 60 days after the circulation of the proposed amendment.



3. Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or acceptance by all the States Parties referred to under subparagraph (b) below:



(a) When adopted by the Amendment Conference



by a positive vote of a majority of all States Parties with no State Party casting a negative vote; and



(b) Ratified or accepted by all those States Parties casting a positive vote at the Amendment Conference.



4. In order to ensure the viability and the effectiveness of this Convention, provisions in the Annexes shall be subject to changes in accordance with paragraph 5, if proposed changes are related only to matters of an administrative or technical nature. All changes to the Annex on Chemicals shall be made in accordance with paragraph 5. Sections A and C of the Confidentiality Annex, Part X of the Verification Annex, and those definitions in Part I of the Verification Annex which relate exclusively to challenge inspections, shall not be subject to changes in accordance with paragraph 5.



5. Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures:



(a) The text of the proposed changes shall be



transmitted together with the necessary information to the Director-General. Additional information for the evaluation of the proposal may be provided by any State Party and the Director-General. The Director- General shall promptly communicate any such proposals and information to all States Parties, the Executive Council and the Depositary;


(b) Not later than 60 days after its receipt, the



Director-General shall evaluate the proposal to determine all its possible consequences for the provisions of this Convention and its implementation and shall communicate any such information to all States Parties and the Executive Council;


(c) The Executive Council shall examine the



proposal in the light of all information available to it, including whether the proposal fulfils the requirements of paragraph 4. Not later than 90 days after its receipt, the Executive Council shall notify its recommendation, with appropriate explanations, to all States Parties for consideration. States Parties shall acknowledge receipt within 10 days;



(d) If the Executive Council recommends to all



States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation. If the Executive Council recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recommendation;



(e) If a recommendation of the Executive Council



does not meet with the acceptance required under subparagraph (d), a decision on the proposal, including whether it fulfils the requirements of paragraph 4, shall be taken as a matter of substance by the Conference at its next session;


(f) The Director-General shall notify all States


Parties and the Depositary of any decision under this paragraph;


(g) Changes approved under this procedure shall



enter into force for all States Parties 180 days after the date of notification by the Director-General of their approval unless another time period is recommended by the Executive Council or decided by the Conference.



## Article 16 Duration And Withdrawal

1. This Convention shall be of unlimited duration.



2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention if it decides that extraordinary events, related to the subject-matter of this Convention, have



jeopardized the supreme interests of its country. It shall give notice of such withdrawal 90 days in advance to all other States Parties, the Executive Council, the Depositary and the United Nations Security Council. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.



3. The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law, particularly the Geneva Protocol of 1925.


## Article 17 Status Of The Annexes



The Annexes form an integral part. of this Convention. Any reference to this Convention includes the Annexes.



## Article 18 Signature



This Convention shall be open for signature for all States before its entry into force.


## Article 19 Ratification



This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.


## Article 20 Accession



Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.



## Article 21 Entry Into Force



1. This Convention shall enter into force 180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years after its opening for signature.



2. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the 30th day following the date of deposit of their instrument of ratification or accession.


## Article 22 Reservations



The Articles of this Convention shall not be subject to reservations. The Annexes of this Convention shall not be subject to reservations incompatible with its object and purpose.


## Article 23 Depositary



The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention and shall, *inter alia*:

(a) Promptly inform all signatory and acceding


States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Convention, and of the receipt of other notices;


(b) Transmit duly certified copies of this



Convention to the Governments of all signatory and acceding States; and



(c) Register this Convention pursuant to Article
102 of the Charter of the United Nations.


## Article 24 Authentic Texts



This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary- General of the United Nations.



IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.



DONE at Paris on the thirteenth day of January, one thousand nine hundred and ninety-three.


## U.S. Declaration



"Subject to the condition which relates to the Annex on Implementation and Verification, that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside the territory of the United States."

Treaty/Convention
U. S.
Signed


Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction

## C**Onvention On The** P**Rohibition Of The** Use, Stockpiling, P**Roduction And** Transfer Of Anti-P**Ersonnel** M**Ines And On Their** D**Estruction** 18 September 1997 Preamble

The States Parties,

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Determined to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement,



Believing it necessary to do their utmost to contribute in an efficient and coordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction,



Wishing to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims,



Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure,



Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and calling for the early ratification of this Protocol by all States which have not yet done so,



Welcoming also United Nations General Assembly Resolution 51/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legallybinding international agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines,


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Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines,


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Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognizing the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other non governmental organizations around the world,

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Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti personnel mines,

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Emphasizing the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organizations, and groupings, and review conferences of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects,



Basing themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between civilians and combatants,


Have agreed as follows:

## Article 1 General Obligations



1. Each State Party undertakes never under any circumstances:



a.
To use anti-personnel mines;


b. To develop, produce, otherwise acquire,



stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines;



c.

To assist, encourage or induce, in any way,



anyone to engage in any activity prohibited to a State Party under this Convention.



2. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention.


## Article 2 Definitions



1. "Anti-personnel mine" means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped.



2. "Mine" means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle.



3. "Anti-handling device" means a device intended to protect a mine and which is part. of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.



4. "Transfer" involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines.



5. "Mined area" means an area which is dangerous due to the presence or suspected presence of mines.



## Article 3 Exceptions



1. Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.



2. The transfer of anti-personnel mines for the purpose of destruction is permitted.



## Article 4 Destruction Of Stockpiled Anti-Personnel Mines



Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses,



or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party.


## Article 5 Destruction Of Anti-Personnel Mines In Mined Areas



1. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party.



2. Each State Party shall make every effort to identify all areas under its jurisdiction or control in which anti personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects.



3. If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years.



4. Each request shall contain:



a.
The duration of the proposed extension;


b.

A detailed explanation of the reasons for the proposed extension, including:



(i) The preparation and status of work
conducted under national demining programs;



(ii) The financial and technical means



available to the State Party for the destruction of all the anti-personnel mines; and


(iii) Circumstances which impede the ability



of the State Party to destroy all the anti-personnel mines in mined areas;



c.

The humanitarian, social, economic, and environmental implications of the extension; and



d.

Any other information relevant to the request for the proposed extension.



5. The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in paragraph 4, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension period.



6. Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article.


## Article 6 International Cooperation And Assistance



1. In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible.



2. Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.



3. Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, *inter alia*, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies
and their International Federation, non-governmental
organizations, or on a bilateral basis.



4. Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, *inter alia*, through the United Nations system, international or regional organizations or institutions, non governmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance, or other regional funds that deal with demining.


5. Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines.



6. Each State Party undertakes to provide information d.

The types, quantities and, if possible, lot


to the database on mine clearance established within numbers of all anti-personnel mines retained or


the United Nations system, especially information transferred for the development of and training in mine


concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.



7. States Parties may request the United Nations, regional organizations, other States Parties or other competent intergovernmental or non-governmental fora to assist its authorities in the elaboration of a national demining program to determine, *inter alia*:



a.

The extent and scope of the anti-personnel mine problem;


b.

The financial, technological and human


resources that are required for the implementation of the program;


c.

The estimated number of years necessary to



destroy all anti-personnel mines in mined areas under the jurisdiction or control of the concerned State Party;



d.

Mine awareness activities to reduce the incidence of mine-related injuries or deaths;



e.

Assistance to mine victims;


f.

The relationship between the Government of


the concerned State Party and the relevant governmental, inter-governmental or non governmental entities that will work in the implementation of the program.



8. Each State Party giving and receiving assistance under the provisions of this Article shall cooperate with a view to ensuring the full and prompt implementation of agreed assistance programs.


## Article 7 Transparency Measures



1. Each State Party shall report to the Secretary- General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention for that State Party on:


a.

The national implementation measures referred to in Article 9;



b.

The total of all stockpiled anti-personnel



mines owned or possessed by it, or under its jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot numbers of each type of anti-personnel mine stockpiled;


c.

To the extent possible, the location of all



mined areas that contain, or are suspected to contain, anti-personnel mines under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of anti-personnel mine in each mined area and when they were emplaced;



detection, mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorized by a State Party to retain or transfer anti-personnel mines, in accordance with Article 3;



e.

The status of programs for the conversion or


de-commissioning of anti-personnel mine production facilities;

f.
The status of programs for the destruction of



anti-personnel mines in accordance with Articles 4 and 5, including details of the methods which will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed;


g.

The types and quantities of all anti-personnel



mines destroyed after the entry into force of this Convention for that State Party, to include a breakdown of the quantity of each type of anti-personnel mine destroyed, in accordance with Articles 4 and 5, respectively, along with, if possible, the lot numbers of each type of anti-personnel mine in the case of destruction in accordance with Article 4;



h.

The technical characteristics of each type of



anti-personnel mine produced, to the extent known, and those currently owned or possessed by a State Party, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of anti-personnel mines; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information which may facilitate mine clearance; and



i.

The measures taken to provide an immediate


and effective warning to the population in relation to all areas identified under paragraph 2 of Article 5.



2.

The information provided in accordance with this



Article shall be updated by the States Parties annually, covering the last calendar year, and reported to the Secretary-General of the United Nations not later than 30 April of each year.



3. The Secretary-General of the United Nations shall transmit all such reports received to the States Parties.



## Article 8 Facilitation And Clarification Of Compliance



1. The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention, and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention.



2. If one or more States Parties wish to clarify and seek to resolve questions relating to compliance with



the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within 28 days to the requesting State Party all information which would assist in clarifying this matter.



3. If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of the States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond.



4. Pending the convening of any meeting of the States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested.



5. The requesting State Party may propose through the Secretary-General of the United Nations the convening of a Special Meeting of the States Parties to consider the matter. The Secretary-General of the United Nations shall thereupon communicate this proposal and all information submitted by the States Parties concerned, to all States Parties with a request that they indicate whether they favour a Special
Meeting of the States Parties, for the purpose of considering the matter. In the event that within 14 days
from the date of such communication, at least one-third of the States Parties favours such a Special Meeting, the Secretary-General of the United Nations shall convene this Special Meeting of the States Parties within a further 14 days. A quorum for this Meeting shall consist of a majority of States Parties.



6. The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall first determine whether to consider the matter further, taking into account all information submitted by the States Parties concerned. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach a decision by consensus. If despite all efforts to that end no agreement has been reached, it shall take this decision by a majority of States Parties present and voting.


7. All States Parties shall cooperate fully with the Meeting of the States Parties or the Special Meeting of the States Parties in the fulfilment of its review of the matter, including any fact-finding missions that are authorized in accordance with paragraph 8.



8. If further clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authorize a fact-finding mission and decide on its mandate by a majority of States Parties present and voting. At any time the requested State Party may invite a fact-finding mission to its territory. Such a mission shall take place without a decision by a Meeting of the States Parties or a Special Meeting of the States Parties to authorize such a mission. The mission, consisting of up to 9 experts, designated and approved in accordance with paragraphs 9 and 10, may collect additional information on the spot or in other places directly related to the alleged compliance issue under the jurisdiction or control of the requested State Party.



9. The Secretary-General of the United Nations shall prepare and update a list of the names, nationalities and other relevant data of qualified experts provided by States Parties and communicate it to all States Parties. Any expert included on this list shall be regarded as designated for all fact-finding missions unless a State Party declares its non-acceptance in writing. In the event of non-acceptance, the expert shall not participate in fact-finding missions on the territory or any other place under the jurisdiction or control of the objecting State Party, if the non-acceptance was declared prior to the appointment of the expert to such missions.



10. Upon receiving a request from the Meeting of the States Parties or a Special Meeting of the States Parties, the Secretary-General of the United Nations shall, after consultations with the requested State Party, appoint the members of the mission, including its leader. Nationals of States Parties requesting the factfinding mission or directly affected by it shall not be appointed to the mission. The members of the factfinding mission shall enjoy privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946.



11. Upon at least 72 hours notice, the members of the fact-finding mission shall arrive in the territory of the requested State Party at the earliest opportunity. The requested State Party shall take the necessary administrative measures to receive, transport and accommodate the mission, and shall be responsible for ensuring the security of the mission to the maximum extent possible while they are on territory under its control.



12. Without prejudice to the sovereignty of the requested State Party, the fact-finding mission may



bring into the territory of the requested State Party the necessary equipment which shall be used exclusively for gathering information on the alleged compliance issue. Prior to its arrival, the mission will advise the requested State Party of the equipment that it intends to utilize in the course of its fact-finding mission.



13. The requested State Party shall make all efforts to ensure that the fact-finding mission is given the opportunity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue.



14. The requested State Party shall grant access for the fact-finding mission to all areas and installations under its control where facts relevant to the compliance issue could be expected to be collected. This shall be subject to any arrangements that the requested State Party considers necessary for:


a.

The protection of sensitive equipment, information and areas;


b.

The protection of any constitutional



obligations the requested State Party may have with regard to proprietary rights, searches and seizures, or other constitutional rights; or


c.

The physical protection and safety of the members of the fact-finding mission.



In the event that the requested State Party makes such arrangements, it shall make every reasonable effort to demonstrate through alternative means its compliance with this Convention.



15. The fact-finding mission may remain in the territory of the State Party concerned for no more than 14 days, and at any particular site no more than 7 days, unless otherwise agreed.



16. All information provided in confidence and not related to the subject matter of the fact-finding mission
shall be treated on a confidential basis.



17. The fact-finding mission shall report, through the Secretary-General of the United Nations, to the Meeting of the States Parties or the Special Meeting of the States Parties the results of its findings.



18. The Meeting of the States Parties or the Special Meeting of the States Parties shall consider all relevant information, including the report submitted by the factfinding mission, and may request the requested State Party to take measures to address the compliance issue within a specified period of time. The requested State Party shall report on all measures taken in response to this request.



19. The Meeting of the States Parties or the Special Meeting of the States Parties may suggest to the States Parties concerned ways and means to further clarify or resolve the matter under consideration, including the



initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of the States Parties or the Special Meeting of the States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6.



20. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States Parties present and voting.


## Article 9 National Implementation Measures

|     |     |     |     |     |     |     |     |
|-----|-----|-----|-----|-----|-----|-----|-----|



Each State Party shall take all appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control.


## Article 10 Settlement Of Disputes



1. The States Parties shall consult and cooperate with each other to settle any dispute that may arise with regard to the application or the interpretation of this Convention. Each State Party may bring any such dispute before the Meeting of the States Parties.



2. The Meeting of the States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States parties to a dispute to start. the settlement procedure of their choice and recommending a time-limit for any agreed procedure.



3. This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance.



## Article 11 Meetings Of The States Parties



1. The States Parties shall meet regularly in order to consider any matter with regard to the application or implementation of this Convention, including:


a.

The operation and status of this Convention;



b.
Matters arising from the reports submitted
under the provisions of this Convention;


c.
International cooperation and assistance in
accordance with Article 6;



d.

The development of technologies to clear anti
personnel mines;


e.

Submissions of States Parties under Article 8;
and


f.

Decisions relating to submissions of States Parties as provided for in Article 5.



2. The First Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference.



3. Under the conditions set out in Article 8, the Secretary-General of the United Nations shall convene a Special Meeting of the States Parties.



4. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend these meetings as observers in accordance with the agreed Rules of Procedure.


## Article 12 Review Conferences



1. A Review Conference shall be convened by the Secretary-General of the United Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be invited to each Review Conference.



2. The purpose of the Review Conference shall be:


a.

To review the operation and status of this Convention;


b.

To consider the need for and the interval


between further Meetings of the States Parties referred to in paragraph 2 of Article 11;



c.

To take decisions on submissions of States Parties as provided for in Article 5; and



d.

To adopt, if necessary, in its final report



conclusions related to the implementation of this Convention.



3. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to



attend each Review Conference as observers in accordance with the agreed Rules of Procedure.


## Article 13 Amendments



1. At any time after the entry into force of this Convention any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Depositary, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Depositary no later than 30 days after its circulation that they support further consideration of the proposal, the Depositary shall convene an Amendment Conference to which all States Parties shall be invited.



2. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Amendment Conference as observers in accordance with the agreed Rules of Procedure.



3. The Amendment Conference shall be held immediately following a Meeting of the States Parties or a Review Conference unless a majority of the States Parties request that it be held earlier.



4. Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to the States Parties.



5. An amendment to this Convention shall enter into force for all States Parties to this Convention which have accepted it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance.


## Article 14 Costs


1. The costs of the Meetings of the States Parties, the Special Meetings of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately.



2. The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the States


Anti-Personnel Landmines (Ottawa Treaty)



Parties in accordance with the United Nations scale of assessment adjusted appropriately.


## Article 15 Signature



This Convention, done at Oslo, Norway, on 18 September 1997, shall be open for signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December 1997, and at the United Nations Headquarters in New York from 5 December 1997 until its entry into force.


## Article 16 Ratification, Acceptance, Approval Or Accession



1. This Convention is subject to ratification, acceptance or approval of the Signatories.



2. It shall be open for accession by any State which has not signed the Convention.



3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.



## Article 17 Entry Into Force

1. This Convention shall enter into force on the first day of the sixth month after the month in which the 40th



instrument of ratification, acceptance, approval or accession has been deposited.



2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.



## Article 18 Provisional Application



Any State may at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending its entry into force.


## Article 19 Reservations



The Articles of this Convention shall not be subject to reservations.



## Article 20 Duration And Withdrawal

1. This Convention shall be of unlimited duration.



2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating this withdrawal.



3. Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that sixmonth period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict.



4. The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law.


## Article 21 Depositary



The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.


## Article 22 Authentic Texts



The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.


U. S.
Signed



Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed Forces in the Field
X
X
N/A
194



## Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick In Armed Forces In The Field Of August 12, 1949 (Geneva Convention I)

# Signed At Geneva, 12 August 1949

## Entry Into Force: 21 October 1950



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

## Chapter I General Provisions Article 1



The High Contracting Parties undertake to respect and to ensure 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 two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.



The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.



Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.


| U.S.     |     | U.S. Reservation/    |     |
|----------|-----|----------------------|-----|
| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |



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


(1) Persons taking no active part. in the hostilities,


including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.



To this end, the following acts are and shall remain



prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:



(a) violence to life and person, in particular


murder of all kinds, mutilation, cruel treatment and torture;


(b) taking of hostages;


(c) outrages upon personal dignity, in particular humiliating and degrading treatment;


(d) the passing of sentences and the carrying



out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.



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



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



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


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



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 territory, as well as to dead persons found.


## Article 5 Article 9



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 Articles 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 separate 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 Convention, nor restrict the rights which it confers upon them.



Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit 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 j with regard to them by one or other of the Parties to the conflict.



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



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



The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers.



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



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



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



When 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 organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.



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



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



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



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



In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application



or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.



For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, 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 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


## Chapter Ii Wounded And Sick Article 12



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 upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, 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 authorize 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 considerations permit, leave with them a part. of its medical personnel and material to assist in their care.



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.



(2) Members of other militias and members of



other volunteer corps, including those of organized resistance movements, belonging 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 organized resistance movements, fulfil the following conditions:



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



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



(c)
that of carrying arms openly;


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



(3) Members of regular armed forces who profess



allegiance to a Government or an authority not recognized by the Detaining Power.



(4) Persons who accompany the armed forces


without actually being members thereof, such as civil members of military aircraft 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 authorization 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.



(6) Inhabitants of a non-occupied territory, who



on the approach 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 carry arms openly and respect the laws and customs of war.



Subject to the provisions of Article 12, the wounded and sick 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.



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



ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.



Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.



Likewise, local arrangements may be concluded between Parties 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.



Parties to the conflict shall record as soon as possible, in respect 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) designation of the Power on which he
depends;


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


(c) surname;


(d) first name or names;


(e) date of birth;


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


(g) date and place of capture or death;


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



As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 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 authenticated 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, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete 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 permit, is preceded by a careful examination, 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 cremation 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 maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise 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.



As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information 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 inhabitants 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 occupying Power of its obligation to give both physical and moral care to the wounded and sick.



## Chapter Iii Medical Units And Establishments Article 19



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 personnel shall be free to pursue their duties, as long as the capturing 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 imperil their safety.



Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, shall not be attacked from the land.



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



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


(1) 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.



(2) That in the absence of armed orderlies, the



unit or establishment is protected by a picket or by sentries or by an escort.



(3) 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.



(4) That personnel and material of the veterinary



service are found in the unit or establishment, without forming an integral part. thereof.



(5) That the humanitarian activities of medical


units and establishments or of their personnel extend to the care of civilian wounded or sick.



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 organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization 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 recognition 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.


## Chapter Iv Personnel Article 24



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 employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, 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 Voluntary Aid Societies, duly recognized and authorized 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 regulations.



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 authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.



A recognized 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 the authorization 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 adversary 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 interference 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 Prisoners of War of 12 August 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue 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 authorized to visit periodically



the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.



(b) 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 regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated 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.



(c) 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 arrangements 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 the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably 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 personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.



The Parties to the conflict shall secure to this personnel, while in their power, the same food, 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.


## Chapter V Buildings And Material Article 33



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 establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from that 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 admitted to the privileges of the Convention shall be regarded as private property.


The right of requisition recognized 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.


## Chapter Vi Medical Transports Article 35



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 condition 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 belligerents concerned.



They shall bear, clearly marked, the distinctive emblem prescribed 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 enemyoccupied 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 Article 40
any.



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



Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral 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 restrictions on the passage or landing of medical aircraft on their territory. 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 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.


## Chapter Vii The Distinctive Emblem Article 38



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 emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized 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 armlet bearing the distinctive emblem, issued and stamped by the military authority.


Such personnel, in addition to wearing the identity disc mentioned in Article 16, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, and 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 finger-prints 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 conflict 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 using. 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 armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.



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 personnel 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 accompanied 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 Convention. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible 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 authorized 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 belligerent, wherever the latter makes use of the faculty conferred on him by Article 42.



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 establishments, the personnel and material protected by the present 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 distinctive 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 rational 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 organizations and their duly authorized 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 legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to 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 Article 45



Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles, 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 Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.



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


## Chapter Ix Repression Of Abuses And Infractions Article 49



The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be



committed, any of the grave breaches of the present Convention defined in the following Article.



Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.



Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.



In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following, of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.



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: wilful 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 enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.



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



Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.



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 constituting 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 distinctive 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 trademarks 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 prohibited at all times.



Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of 27 July 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three 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 Convention.



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 Article 55



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



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



The present Convention, which bears the date of this day, is open to signature until 12 February 1950, in the name of the Powers represented at the Conference



which opened at Geneva on 21 April 1949; furthermore, by Powers not represented at that Conference but which are Parties 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 transmitted 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 six months after not less than two instruments of ratification have been deposited.



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



The present Convention replaces the Conventions of 22 August 1864, 6 July 1906, and 27 July 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 six months after the date on which they are received.



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



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



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



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



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



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



The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.



IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.



DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the Signatory and Acceding States. (Here follow signatures)

## A**Nnex** I Draft Agreement Relating To Hospital Zones And Localities Article 1



Hospital zones shall be strictly observed for the persons named in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field of 12 August 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled.



Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there.



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



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


Hospital zones shall fulfil the following conditions:



(a) They shall comprise only a small part. of the


territory governed by the Power which has established them.



(b) They shall be thinly populated in relation to the possibilities of accommodation.



(c) They shall be far removed and free from all


military objectives, or large industrial or administrative establishments.



(d) They shall not be situated in areas which,



according to every probability, may become important for the conduct of the war.



Hospital zones shall be subject to the following obligations:


(a) The lines of communication and means of


transport which they possess shall not be used for the transport of military personnel or material, even in transit.



(b) They shall in no case be defended by military means.



Hospital zones shall be marked by means of red crosses (red crescents, red lions and suns) on a white background placed on the outer precincts and on the buildings. They may be similarly marked at night by means of appropriate illumination.



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



As soon as the adverse Party has receive the abovementioned notification, the zone shall be regularly constituted.



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



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



For this purpose, the members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently.

They shall be given all facilities for their duties of inspection.



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



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



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



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



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



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



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

U. S.
Signed



Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea


## Geneva C**Onvention For The** A**Melioration Of The** Condition Of Wounded, Sick And Shipwrecked M**Embers** Of Armed Forces At S**Ea Of** August 12, 1949 (Geneva Convention Ii) Signed At Geneva, 12 August 1949 Entry Into Force: 21 October 1950



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 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 follows:

## Chapter I General Provisions Article 1



The High Contracting Parties undertake to respect and to ensure 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 two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.



The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.



Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual



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relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.



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


(1) Persons taking no active part. in the hostilities,


including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.



To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:



(a) violence to life and person, in particular


murder of all kinds, mutilation, cruel treatment and torture;


(b) taking of hostages;


(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;


(d) the passing of sentences and the carrying



out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.



(2) The wounded, 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.



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 provisions 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 interned in their territory, as well as to dead persons found.



In addition to the agreements expressly provided for in Articles 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 separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.



Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue 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 circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.



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



The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.



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



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



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



When 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 organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.



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



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



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



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



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



For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, 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.



## Chapter Ii Wounded, Sick And Shipwrecked Article 12



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 exterminated, 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 authorize priority in the order of treatment to be administered.



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


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 organized resistance movements, belonging 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 organized resistance movements, fulfil the following conditions:



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



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



(c) that of carrying arms openly;


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



(3) Members of regular armed forces who profess



allegiance to a Government or an authority not recognized by the Detaining Power.



(4) Persons who accompany the armed forces


without actually being members thereof, such as civilian members of military aircraft 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 authorization 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.



(6) Inhabitants of a non-occupied territory who,



on the approach 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 carry arms openly and respect the laws and customs of war.



All warships of a belligerent Party shall have the right to demand 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 nationality, provided that the wounded and sick are in a fit state to be 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 ensured, 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 expedient 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 territory. 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 neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent 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 shipwrecked 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 pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.



Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for 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.



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) designation of the Power on which he
depends;



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


(c) surname;


(d) first name or names;


(e) date of birth;

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



(g)
date and place of capture or death;

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



As soon as possible the above-mentioned information shall be forwarded to the information 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 authenticated 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 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, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents 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 preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing 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 Convention 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 commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, 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 neutrality they may have committed.


## Chapter Iii Hospital Ships Article 22



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 captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed.



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 utilized by National Red Cross Societies, by officially recognized 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 from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure.



Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral 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 governments and with the authorization 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, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, 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 recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit.



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



Should fighting occur on board a warship, the sickbays 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, apply them to other purposes in case of urgent military necessity.



Any hospital ship in a port which falls into the hands of the enemy shall be authorized 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 vessels for any military purpose.



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



During and after an engagement, they will act at their own risk.



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 wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, 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 provisions of the preceding paragraph are carried out.



As far as possible, the Parties to the conflict shall enter in the log of the hospital ship in a language 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.



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



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



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



(1) The fact that the crews of ships or sick-bays


are armed for the maintenance of order, for their own defence or that of the sick and wounded.



(2) The presence on board of apparatus



exclusively intended to facilitate navigation or communication.



(3) 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.



(4) 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.



(5) The transport of equipment and of personnel


intended exclusively for medical duties, over and above the normal requirements.


## Chapter Iv Personnel Article 36



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, considers it practicable. They may take with them, on leaving the ship, their personal property.



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



Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.



## Chapter V Medical Transports Article 38


Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention 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 observers may be placed on board such ships to verify the equipment 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 prescribed 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 enemyoccupied 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.



In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, 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 aircraft of Parties to the conflict may fly over the territory of neutral 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 restrictions on the passage or landing of medical aircraft on their territory. 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.


## Chapter Vi The Distinctive Emblem Article 41



Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.



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


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



Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant 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 conflict 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 using. 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 armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced.



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



(a) All exterior surfaces shall be white.


(b) One or more dark red crosses, as large as



possible, shall be painted and displayed on 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 au small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships.



The above-mentioned ships and craft, which may wish to ensure 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 sufficiently apparent.



Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction 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 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 protecting 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 prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43.


## Chapter Vii Execution Of The Convention Article 46



Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles 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.



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


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


## Chapter Viii Repression Of Abuses And Infractions Article 50



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



Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.



Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.



In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article
105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.



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: wilful 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 enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.



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



Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.


## Final Provisions Article 54



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



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



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 Convention of October 13, 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 transmitted 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 six months after not less than two instruments of ratification have been deposited.



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


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 six months after the date on which they are received.


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



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



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



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



The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and


repatriation of the persons protected by the present Convention have been terminated.



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



The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.



IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.



DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. [Front and reverse sides of an Identity Card]

U. S.
Signed



Geneva Convention (III) Relative to the Treatment of Prisoners of War
X
X
N/A
194



## Geneva Convention Relative To The Treatment Of Prisoners Of War Of August 12, 1949 (Geneva Convention Iii) Signed At Geneva, 12 August 1949 Entry Into Force: 21 October 1950



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:

## Part I General Provisions Article 1



The High Contracting Parties undertake to respect and to ensure 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 two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.



The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.



Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.


| U.S.     |     | U.S. Reservation/    |     |
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| Ratified |     | Understanding        |     |
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| Party    |     |                      |     |
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In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:


(1) Persons taking no active part. in the hostilities,


including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.



To this end the following acts are and shall remain



prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:



(a) violence to life and person, in particular


murder of all kinds, mutilation, cruel treatment and torture;


(b) taking of hostages;


(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;


(d) the passing of sentences and the carrying



out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.



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



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



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



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



A. 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.



(2) Members of other militias and members of



other volunteer corps, including those of organized resistance movements, belonging 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 organized resistance movements, fulfil the following conditions:



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



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



(c) that of carrying arms openly;


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



(3) Members of regular armed forces who profess



allegiance to a government or an authority not recognized by the Detaining Power.



(4) Persons who accompany the armed forces


without actually being members thereof, such as civilian members of military aircraft 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 authorization, from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.



(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.



(6) Inhabitants of a non-occupied territory, who



on the approach 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 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) 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 has 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.



(2) The persons belonging to one of the categories



enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their



territory and whom these Powers are required to intern under international 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 paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning 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 functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.



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



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 committed 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 Convention until such time as their status has been determined by a competent tribunal.



In addition to the agreements expressly provided for in Articles 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 special 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 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 Protecting Powers.


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



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



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



When 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 organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.



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



Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in



a position to undertake the appropriate functions and to discharge them impartially.



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



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



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



For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for 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 a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting.



## Part Ii General Protection Of Prisoners Of War Article 12



Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective 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 willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the 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 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.



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



Measures of reprisal 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 provide 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 Convention 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 belief or political opinions, or any other distinction founded on similar criteria.


## Part 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 equivalent information, and date of birth. The identity card may, furthermore, 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 10 cm. 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 information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.


Prisoners of war who, owing to their physical or mental condition, 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.



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 helmets and gas masks and like articles issued for personal protection. 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 documents. The Detaining Power shall supply such documents to prisoners of war who possess none.



Badges of rank and nationality, decorations and articles having above all a personal or sentimental 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 itemized 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 request, 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.



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 being 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 transit camps, their stay in such camps shall be as brief as possible.


## Section Ii Internment Of Prisoners Of War Chapter I General Observations Article 21



The Detaining Power may subject prisoners of war to internment. 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 their health and then only during the continuation of the circumstances 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 forbidding 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 towards 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 healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries.



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



The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with 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 civilian 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 information regarding the geographical location of prisoner of war camps.



Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time 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 treatment as in other camps.



## Chapter Ii Quarters, Food And Clothing Of Prisoners Of


## War Article 25



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 dormitories 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 individually 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 danger 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 deficiencies. 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 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 prisoners 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 benefit of the prisoners; a special fund shall be created for this purpose. The prisoners' representative shall have the right to collaborate in the management of the canteen and of this fund.



When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, 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.


## Chapter Iii Hygiene And Medical Attention Article 29



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



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



Also, apart. from the baths and showers with which the camps shall be furnished prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities 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 appropriate 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 condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation 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 repatriation.



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



Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining 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 forwarded to the Central Prisoners of War Agency.



The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, 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 recording of the weight of each prisoner of war.



Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis.



Prisoners of war who, though not attached to the medical service 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.


## Chapter Iv Medical Personnel And Chaplains Retained To Assist Prisoners Of War Article 33



Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a



minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war.



They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of 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 authorized to visit periodically



prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.



(b) The senior medical officer in each camp shall



be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. 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, including that of societies mentioned in Article 26 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. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.



(c) Although they shall be subject to the internal



discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties.



During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle 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.



## Chapter V Religious, Intellectual And Physical Activities Article 34



While respecting the individual preferences of every Prisoners of war shall enjoy complete latitude in the prisoner, the Detaining Power shall encourage the exercise of their religious duties, including attendance practice of intellectual, educational, and recreational 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 accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing 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 provided for in Article 33, for visiting the prisoners of war outside 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 organizations. 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 members 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 minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible 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 prisoners 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.



pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.



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


## Chapter Vi Discipline Article 39



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 Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners' own language, in 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.



Regulations, orders, notices and publications of every kind relating 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 individually 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.



## Chapter Vii Rank Of Prisoners Of War Article 43



Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons 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 recognize 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 status shall be treated with the regard due to their rank and age.



In order to ensure service in officers' camps, other ranks of the same armed forces who, as far as possible, speak the same language, 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.



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.



## Chapter Viii Transfer Of Prisoners Of War After Their Arrival In Camp Article 46



The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests


of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.



The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account 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 complete 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, unless their safety imperatively demands it.



If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be 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 advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin.



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



## Section Iii Labour Of Prisoners Of War Article 49



The Detaining Power may utilize 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 maintaining them in a good state of physical and mental health.



Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required 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.



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


(a) agriculture;


(b) industries connected with the production or


the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;


(c) transport and handling of stores which are not military in character or purpose;



(d) commercial business, and arts and crafts;


(e) domestic service;


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



Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity 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 enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.



The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which



such prisoners are employed, the national legislation concerning the protection of 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 from, 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 employed on the same work.



Prisoners of war must be allowed, in the middle of the day's work, a rest of not less than one hour. 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 addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin.

Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.



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 accordance with the provisions of Article 62 of the present Convention.



Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence 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 working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.



The organization 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 responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments.



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



The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting 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 prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.



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


## Section Iv Financial Resources Of Prisoners Of War Article 58



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 possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent.



If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments 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.



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



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



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



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



Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs.



Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.



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



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



(a) shall continue to credit the accounts of the


prisoners with the amounts indicated in 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 Category 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 limitations will be given without delay to the Protecting Power.



The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner 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 accordance 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 one-fourth 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 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 authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.



The working pay of the prisoners' representative, of his advisers, 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 balance 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 country, as follows: the Detaining Power shall send to the 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 currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums 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 present Convention.



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



(1) The amounts due to the prisoner or received



by him as advances of pay, as working 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.



(2) The payments made to the prisoner in cash, or



in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.



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



Prisoners of war shall at all times be afforded reasonable facilities 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 another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.



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



On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity 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 authorized representative of the Detaining Power.



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



The Power on which the prisoner of war depends shall be responsible 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 paragraph, 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 Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned 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 medical particulars certified by a medical officer.



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Any claim by a prisoner of war for compensation in respect of personal effects monies 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, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies 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 arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner 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 two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed 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.



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 prisoner 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 containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, 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 Convention.



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 organization 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 collective relief shall, if necessary, be the subject of special agreements 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 concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.



The special agreements referred to above shall in no case restrict the right of prisoners' 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 interest 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 organization giving assistance to prisoners 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 authorized remittances of money addressed to prisoners of war or despatched 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 destination, 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 Detaining 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 concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.


The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them.



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


(b) correspondence and reports relating to


prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict.



These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.



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



The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching 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 consignments 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 Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123 of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills.



In all cases they shall facilitate the preparation and execution of such documents on behalf of 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 signatures.


## Section Vi Relations Between Prisoners Of War And The Authorities Chapter I Complaints Of Prisoners Of War Respecting The Conditions Of Captivity Article 78



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



They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' 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 captivity.



These requests and complaints shall not be limited nor considered to be a part. of the correspondence quota referred to in Article 71. They must be transmitted



immediately. Even if they are recognized 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.



## Chapter Ii Prisoner 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 secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners' representatives shall be eligible for re-election.



In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized 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 stationed 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'
representatives shall be chosen from among those prisoners of war who are not officers.



Every representative elected must be approved by the Detaining 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 well-being of prisoners of war.



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



Prisoners' representatives shall not be held responsible, simply by reason of their duties, for 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 prisoners such assistants as they may require. All material facilities 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' representative.



All facilities shall likewise be accorded to the prisoners' representatives 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 detachments 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 affairs.



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



## Chapter Iii Penal And Disciplinary Sanctions I. General Provisions Article 82



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 disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.



If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of 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 alleged to have been committed by a prisoner of war shall be judicial 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 Detaining 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 guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.



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 authorities 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 Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, 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. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation 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 punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.


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



Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.



A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment 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 sentenced to a punishment more severe, or treated whilst undergoing 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 sentences 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 per cent 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 thirty days.



(2) Discontinuance of privileges granted over and


above the treatment provided for by the present Convention.



(3) Fatigue duties not exceeding two hours daily.



(4) 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.



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



The maximum of thirty days provided above may not be exceeded, even if the prisoner of 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 disciplinary punishment and its execution shall not exceed one month.



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



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


(1) he has joined the armed forces of the Power on which he depends, or those of an 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 of a similar offence, or if it is essential in the interests


Power.

of camp order and discipline.



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.


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 without delay to the competent military authority.



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 prisoner of war is subjected to trial by judicial proceedings in respect 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 facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, 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 member of the armed forces of the Detaining Power would be so kept if he were accused



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 fourteen days.



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



Acts which constitute offences against discipline shall be investigated 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 conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced 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 representatives of the Protecting Power.



Prisoners of war shall not in any case be transferred to penitentiary 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 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 non-commissioned 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 provisions of this Convention except in so far as these are necessarily 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 allowed to exercise and to stay in the open air at least two 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 however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who-will hand over to the infirmary the perishable goods contained in such parcels.



## Iii. Judicial Proceedings Article 99


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 international law, in force at the time the said act was committed.



No moral or physical coercion may be exerted on a prisoner of war in order to induce him to 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 qualified 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 Article 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 six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107.



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 three months.



Any period spent by a prisoner of war in confinement awaiting 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.



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 three weeks before the opening of the trial. This period of three 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.



The said notification shall contain the following information:


(1) 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;


(2) Place of internment or confinement;


(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' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.



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 advocate 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 two 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 defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.



Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as 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 defence 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 Detaining 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.



Any judgment and sentence pronounced upon a prisoner 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 of appeal.



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



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


(2) a summarized report of any preliminary



investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence;


(3) notification, where applicable, of the establishment where the sentence will be served.



The communications provided for in the foregoing sub paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.



Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments 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 despatch 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 desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.


## Part 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 Article, 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 paragraph 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 ablebodied prisoners of war who have undergone a long period of captivity.



No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated 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 condition requires treatment and whose mental or physical fitness seems to have been gravely diminished.



(3) Wounded and sick who have recovered, but



whose mental or physical fitness seems to have been gravely and permanently diminished.


The following may be accommodated in a neutral country:


(1) Wounded and sick whose recovery may be



expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.



(2) Prisoners of war whose mental or physical



health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.



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 between 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 condition laid down for direct repatriation;


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



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 concerning Mixed Medical Commissions annexed to the present Convention.



## Article 111 Article 114



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



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 functioning 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.



Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions 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 depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners.



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



The physician or surgeon of the same nationality as the prisoners 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.



Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, 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 accommodation 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 prosecution 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 proceedings or the completion of the punishment.



The cost 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 service.



## 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.



In the absence of stipulations to the above effect in any agreement 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 execute 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 two Powers are contiguous, the Power


on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.



(b) If the two Powers are not contiguous, the



Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation 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 apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war.



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 provisions of Article 118 and to those of the following paragraphs.



On repatriation, any articles of value impounded from prisoners 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 currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122.



Prisoners of war shall be allowed to take with them their personal 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 prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five 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 the 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.


## Section Iii Death Of Prisoners Of War Article 120



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 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 Convention, 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 certified 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 confirming death and enabling a report to be made and, where necessary, 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 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 enquiry by the Detaining Power.



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



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



## Part V Information Bureaux And Relief Societies For Prisoners Of War Article 122



Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received 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 ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners 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 of 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 departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.



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



The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries 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 authenticated by a signature or a seal.



The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies 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 articles 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 Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.


The function of the Agency shall be to collect all the 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.


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



The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, 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 exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.



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



The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.



The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.



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 relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners.


## Part 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 prisoners 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 temporary measure.



The Detaining Power and the Power on which the said prisoners 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 detaining the prisoners of war to be visited.


The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the



present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof



may become known to 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 another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.



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



Each High Contracting Party shall be under the obligation to search for persons alleged to have committed. or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.



Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.



In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the 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: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a



prisoner 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 enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.



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



Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.


## Section Ii Final Provisions Article 133



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



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



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 above-mentioned 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 transmitted 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 six months after not less than two instruments of ratification have been deposited.



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



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 six months after the date on which they are received.


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



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



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



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



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



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



The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.



IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.



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


## Annex I Model Agreement Concerning Direct Repatriation And Accommodation In Neutral Countries Of Wounded And Sick Prisoners Of War (See Article 110) I -- Principles For Direct Repatriation And Accommodation In Neutral Countries A. Direct Repatriation



The following shall be repatriated direct:


(1) All prisoners of war suffering from the



following disabilities as the result of trauma: loss of a limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot.



Without prejudice to a more generous interpretation, the following shall be considered as equivalent to the loss of a hand or a foot:



(a) Loss of a hand or of all the fingers, or of



the thumb and forefinger of one hand; loss of a foot, or of all the toes and metatarsals of one foot.



(b) Ankylosis, loss of osseous tissue,


cicatricial contracture preventing the functioning of one of the large articulations or of all the digital joints of one hand.



(c) Pseudarthrosis of the long bones.



(d) Deformities due to fracture or other injury


which seriously interfere with function and weightbearing power.



(2) All wounded prisoners of war whose



condition has become chronic, to the extent that prognosis appears to exclude recoveryin spite of treatmentwithin one year from the date of the injury, as, for example, in case of:



(a) Projectile in the heart, even if the Mixed



Medical Commission should fail, at the time of their examination, to detect any serious disorders.



(b) Metallic splinter in the brain or the lungs,



even if the Mixed Medical Commission cannot, at the time of examination, detect any local or general reaction.



(c) Osteomyelitis, when recovery cannot be



foreseen in the course of the year following the injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent to the loss of a hand or a foot.



(d) Perforating and suppurating injury to the large joints.



(e) Injury to the skull, with loss or shifting of bony tissue.



(f) Injury or burning of the face with loss of tissue and functional lesions.



(g) Injury to the spinal cord.



(h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of a hand or foot, and the cure of which requires more than a year from the date of injury, for example: injury to the brachial or lumbosacral plexus median or sciatic nerves, likewise combined injury to the radial and cubital nerves or to



the lateral popliteal nerve (N. peroneous communis) and medial popliteal nerve (N. tibialis); etc. The separate injury of the radial (musculo-spiral), cubital, lateral or medial popliteal nerves shall not, however, warrant repatriation except in case of contractures or of serious neurotrophic disturbance.



(i) Injury to the urinary system, with incapacitating results.



(3) All sick prisoners of war whose condition has



become chronic to the extent that prognosis seems to exclude recoveryin, spite of treatmentwithin one year from the inception of the disease, as, for example, in case of:


(a) Progressive tuberculosis of any organ



which, according to medical prognosis, cannot be cured or at least considerably improved by treatment in a neutral country.



(b) Exudate pleurisy.



(c) Serious diseases of the respiratory organs



of non-tubercular etiology, presumed incurable, for example: serious pulmonary emphysema, with or without bronchitis; chronic asthma *; chronic bronchitis * lasting more than one year in captivity; bronchiectasis *; etc.



(d) Serious chronic affections of the



circulatory system, for example: valvular lesions and myocarditis *, which have shown signs of circulatory failure during captivity, even though the Mixed Medical Commission cannot detect any such signs at the time of examination; affections of the pericardium and the vessels (Buerger's disease, aneurisms of the large vessels); etc.



(e) Serious chronic affections of the digestive


organs, for example: gastric or duodenal ulcer; sequelae of gastric operations performed in captivity;
chronic gastritis, enteritis or colitis, having lasted more than one year and seriously affecting the general condition; cirrhosis of the liver; chronic cholecystopathy *; etc.



(f) Serious chronic affections of the genito



urinary organs, for example: chronic diseases of the kidney with consequent disorders; nephrectomy because of a tubercular kidney; chronic pyelitis or chronic cystitis; hydronephrosis or pyonephrosis; chronic grave gynaecological conditions; normal pregnancy and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc.



(g) Serious chronic diseases of the central



and peripheral nervous system, for example: all obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis, etc., duly verified by a specialist *; any epilepsy duly verified by the camp physician *; cerebral arteriosclerosis; chronic neuritis lasting more than one year; etc.



(h) Serious chronic diseases of the neuro


vegetative system, with considerable diminution of mental or physical fitness, noticeable loss of weight and general asthenia.



(i) Blindness of both eyes, or of one eye



when the vision of the other is less than 1 in spite of the use of corrective glasses; diminution of visual acuity in cases where it is impossible to restore it by correction to an acuity of 12 in at least one eye *; other grave ocular affections, for example: glaucoma, iritis, choroiditis; trachoma; etc.



(k) Auditive disorders, such as total unilateral



deafness, if the other ear does not discern the ordinary spoken word at a distance of one metre *; etc.



(l) Serious affections of metabolism, for


example: diabetes mellitus requiring insulin treatment; etc.



(m) Serious disorders of the endocrine glands,


for example: thyrotoxicosis; hypothyrosis; Addison's disease; Simmonds' cachexia; tetany; etc.



(n) Grave and chronic disorders of the bloodforming organs.



(o) Serious cases of chronic intoxication, for


example: lead poisoning, mercury poisoning, morphinism, cocainism, alcoholism; gas or radiation poisoning; etc.



(p) Chronic affections of locomotion, with


obvious functional disorders, for example: arthritis deformans; primary and secondary progressive chronic polyarthritis; rheumatism with serious clinical symptoms; etc.



(q) Serious chronic skin diseases, not amenable to treatment.



(r) Any malignant growth.



(s) Serious chronic infectious diseases,



persisting for one year after their inception, for example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave disorders; tertiary visceral syphilis resistant to treatment; leprosy; etc.



(t) Serious avitaminosis or serious inanition.



[NOTE] * The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical specialists of the Detaining Power.



## B. Accommodation In Neutral Countries



The following shall be eligible for accommodation in a neutral country:


(1) All wounded prisoners of war who are not



likely to recover in captivity, but who might be cured or whose condition might be considerably improved by accommodation in a neutral country.



(2) Prisoners of war suffering from any form of



tuberculosis, of whatever organ, and whose treatment in a neutral country would be likely to lead to recovery or at least to considerable improvement, with the exception of primary tuberculosis cured before captivity.



(3) Prisoners of war suffering from affections



requiring treatment of the respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if such treatment would clearly have better results in a neutral country than in captivity.



(4) Prisoners of war who have undergone a



nephrectomy in captivity for a non-tubercular renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring insulin treatment; etc.



(5) Prisoners of war suffering from war or



captivity neuroses. Cases of captivity neurosis which are not cured after three months of accommodation in a neutral country, or which after that length of time are not clearly on the way to complete cure, shall be repatriated.



(6) All prisoners of war suffering from chronic



intoxication (gases, metals, alkaloids, etc.), for whom the prospects of cure in a neutral country are especially favourable.



(7) All women prisoners of war who are pregnant or mothers with infants and small children.



The following cases shall not be eligible for accommodation in a neutral country:



(1) All duly verified chronic psychoses.



(2) All organic or functional nervous affections considered to be incurable.



(3) All contagious diseases during the period in


which they are transmissible, with the exception of tuberculosis.



## Ii. -- General Observations



(1) The conditions given shall, in a general way,



be interpreted and applied in as broad a spirit as possible.



Neuropathic and psychopathic conditions caused by war or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war who have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be examined in the same


spirit, with due regard for the psychic traumatism due to the number of their wounds.



(2) All unquestionable cases giving the right to


direct repatriation (amputation, total blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be examined and repatriated as soon as possible by the camp physicians or by military medical commissions appointed by the Detaining Power.



(3) Injuries and diseases which existed before the


war and which have not become worse, as well as war injuries which have not prevented subsequent military service, shall not entitle to direct repatriation.



(4) The provisions of this Annex shall be



interpreted and applied in a similar manner in all countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Medical Commissions all the facilities necessary for the accomplishment of their task.



(5) The examples quoted under (1) above represent only typical cases.



Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of the present Convention, and of the principles embodied in the present Agreement.


## Annex Ii Regulations Concerning Mixed Medical Commissions (See Article 112) Article 1



The Mixed Medical Commissions provided for in Article 112 of the Convention shall be composed of three members, two of whom shall belong to a neutral country, the third being appointed by the Detaining Power. One of the neutral members shall take the chair.



The two neutral members shall be appointed by the International Committee of the Red Cross, acting in agreement with the Protecting Power, at the request of the Detaining Power. They may be domiciled either in their country of origin, in any other neutral country, or in the territory of the Detaining Power.



The neutral members shall be approved by the Parties to the conflict concerned, who shall notify their approval to the International Committee of the Red



Cross and to the Protecting Power. Upon such notification, the neutral members shall be considered as effectively appointed.



Deputy members shall also be appointed in sufficient number to replace the regular members in case of need. They shall be appointed at the same time as the regular members or, at least, as soon as possible.



If for any reason the International Committee of the Red Cross cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the prisoners of war to be examined.



So far as possible, one of the two neutral members shall be a surgeon and the other a physician.



The neutral members shall be entirely independent of the Parties to the conflict, which shall grant them all facilities in the accomplishment of their duties.



By agreement with the Detaining Power, the International Committee of the Red Cross, when making the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle the terms of service of the nominees.



The Mixed Medical Commissions shall begin their work as soon as possible after the neutral members have been approved, and in any case within a period of three months from the date of such approval.



The Mixed Medical Commissions shall examine all the prisoners designated in Article 113 of the Convention. They shall propose repatriation, rejection, or reference to a later examination. Their decisions shall be made by a majority vote.



The decisions made by the Mixed Medical Commissions in each specific case shall be communicated, during the month following their visit, to the Detaining Power, the Protecting Power and the International Committee of the Red Cross. The Mixed Medical Commissions shall also inform each prisoner



of war examined of the decision made, and shall issue to those whose repatriation has been proposed, certificates similar to the model appended to the present Convention.



The Detaining Power shall be required to carry out the decisions of the Mixed Medical Commissions within three months of the time when it receives due notification of such decisions.



If there is no neutral physician in a country where the services of a Mixed Medical Commission seem to be required, and if it is for any reason impossible to appoint neutral doctors who are resident in another country, the Detaining Power, acting in agreement with the Protecting Power, shall set up a Medical Commission which shall undertake the same duties as a Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations.



Mixed Medical Commissions shall function permanently and shall visit each camp at intervals of not more than six months.


## Annex Iii Regulations Concerning Collective Relief (See Article 73) Article 1



Prisoners' representatives shall be allowed to distribute collective relief shipments for which they are responsible, to all prisoners of war administered by their camp, including those who are in hospitals, or in prisons or other penal establishments.



The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the prisoners' representatives. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably.



The said prisoners' representatives or their assistants shall be allowed to go to the points of arrival of relief supplies near their camps, so as to enable the prisoners' representatives or their assistants to verify the quality as well as the quantity of the goods received, and to make out detailed reports thereon for the donors.



Prisoners' representatives shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their camps has been carried out in accordance with their instructions.



Prisoners' representatives shall be allowed to fill up, and cause to be filled up by the prisoners' representatives of labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.



In order to secure the regular issue of collective relief to the prisoners of war in their camp, and to meet any needs that may arise from the arrival of new contingents of prisoners, prisoners' representatives shall be allowed to build up and maintain adequate reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the prisoners' representative holding the keys of one lock and the camp commander the keys of the other.



When collective consignments of clothing are available, each prisoner of war shall retain in his possession at least one complete set of clothes. If a prisoner has more than one set of clothes, the prisoners' representative shall be permitted to withdraw excess clothing from those with the largest number of sets, or particular articles in excess of one, if this is necessary in order to supply prisoners who are less well provided. He shall not, however, withdraw second sets of underclothing, socks or footwear, unless this is the only means of providing for prisoners of war with none.



The High Contracting Parties, and the Detaining Powers in particular, shall authorize, as far as possible and subject to the regulations governing the supply of the population, all purchases of goods made in their territories for the distribution of collective relief to prisoners of war. They shall similarly facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.



The foregoing provisions shall not constitute an obstacle to the right of prisoners of war to receive collective relief before their arrival in a camp or in the course of transfer, nor to the possibility of representatives of the Protecting Power, the International Committee of the Red Cross, or any other body giving assistance to prisoners which may be responsible for the forwarding of such supplies, ensuring the distribution thereof to the addressees by any other means that they may deem useful.


## [Annex Iv -- Not Included]

[MODEL IDENTITY CARD]

## Annex V Model Regulations Concerning Payments Sent By Prisoners To Their Own Country (See Article 63)



(1) The notification referred to in the third paragraph of Article 63 will show:



(a) number as specified in Article 17, rank,


surname and first names of the prisoner of war who is the payer;



(b) the name and address of the payee in the country of origin;



(c) the amount to be so paid in the currency of the country in which he is detained.



(2) The notification will be signed by the prisoner of war, or his witnessed mark made upon it if he cannot write, and shall be countersigned by the prisoners' representative.



(3) The camp commander will add to this notification a certificate that the prisoner of war concerned has a credit balance of not less than the amount registered as payable.



(4) The notification may be made up in lists, each sheet of such lists being witnessed by the prisoners' representative and certified by the camp commander.

Treaty/Convention
U. S.
Signed



Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War
X
X
Following treaty


## Geneva Convention Relative To The Protection Of Civilian Persons In Time Of War Of August 12, 1949 (Geneva Convention Iv) Signed At Geneva, 12 August 1949 Entry Into Force: 21 October 1950

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The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21 April to 12 August 1949, for the purpose of establishing a Convention for the Protection of Civilians in Time of War, have agreed as follows:



## Part I General Provisions Article 1



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



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



The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.



Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.


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


(1) Persons taking no active part. in the hostilities,


including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.



To this end the following acts are and shall remain



prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:



(a) violence to life and person, in particular


murder of all kinds, mutilation, cruel treatment and torture;


(b) taking of hostages;


(c) outrages upon personal dignity, in particular humiliating and degrading treatment;


(d) the passing of sentences and the carrying



out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.



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



An impartial humanitarian body, such as the


International Committee of the Red Cross, may offer its services to the Parties to the conflict.



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



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



Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.



Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a



belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.



The provisions of Part II are, however, wider in application, as defined in Article 13.



Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949, shall not be considered as protected persons within the meaning of the present Convention.



Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.



Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.



In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.



The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.



In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.



In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises



the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.



Protected persons whose release, repatriation or re establishment may take place after such dates shall meanwhile continue to benefit by the present Convention.



In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, not restrict the rights which it confers upon them.



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



Protected persons may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.



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



The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.



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



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



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



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



When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.



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



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



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



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



The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of



which they are nationals has not normal diplomatic representation.



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



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



## Part Ii General Protection Of Populations Against Certain Consequences Of War Article 13

The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war.



In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.



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



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



Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:


(a) wounded and sick combatants or non
combatants;


(b) civilian persons who take no part. in


hostilities, and who, while they reside in the zones, perform no work of a military character.



When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.



The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.



As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.



The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.



Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict.



States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they



occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.



Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, but only if so authorized by the State.



The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.



In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.



The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy.



Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected.



In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.



Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as



provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.



The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel.



Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.



Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.



They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.



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



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



Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.



The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this



Party is satisfied that there are no serious reasons for fearing:


(a) that the consignments may be diverted from their destination,


(b) that the control may not be effective, or



(c) that a definite advantage may accrue to the


military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods.



The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers.



Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.



The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.



The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.



They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.



All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.



If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in



consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.



If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month.



Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations.


## Part Iii Status And Treatment Of Protected Persons Section I Provisions Common To The Territories Of The Parties To The Conflict And To Occupied Territories Article 27



Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.



Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.



Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.



However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.



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 application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.



These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.



Apart. from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate, as much as possible, visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.



No physical or moral coercion shall be exercised against protected 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 character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.



No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.



Pillage is prohibited.



Reprisals against protected persons and their property are prohibited.


The taking of hostages is prohibited.



## Section Ii Aliens In The Territory Of A Party To The Conflict Article 35



All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.



If any such person is refused permission to leave the territory, he shall be entitled to have refusal reconsidered, as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.



Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.



Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.


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



Protected persons who are confined pending proceedings or subject to a sentence involving loss of liberty, shall during their confinement be humanely treated.



As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.



With the exception of special measures authorized by the present Convention, in particularly by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:



(1) they shall be enabled to receive the individual or collective relief that may be sent to them.



(2) they shall, if their state of health so requires,



receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.



(3) they shall be allowed to practise their religion



and to receive spiritual assistance from ministers of their faith.



(4) if they reside in an area particularly exposed



to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned.



(5) children under fifteen years, pregnant women



and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.



Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.



Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.



Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30.



Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.


If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.



In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.



If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.



Should the Power, in whose hands protected persons may be, consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.



In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence, by virtue of a decision placing them in assigned residence, elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.



The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.



If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.



Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at



least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.



Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.



In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.



Protected persons shall not be transferred to a Power which is not a party to the Convention.



This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.



Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.



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



The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.



In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.



Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.


## Section Iii Occupied Territories Article 47



Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part. of the occupied territory.



Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken in accordance with the procedure which the Occupying Power shall establish in accordance with the said Article.



Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.



Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.



The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to



receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.



The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.



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



The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.



The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.



The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.



Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.



A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.



The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.



The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.



The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the



public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part. in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.



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The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.



In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character.


No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention.



All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.



Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.



The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.



This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.


To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.



The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.



The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.



To the fullest extent of the means available to it, the public Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.



If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.



In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.



The Occupying Power may requisition civilian hospitals of hospitals only temporarily and only in



cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.



The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.



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



The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.



If the whole or part. of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.



Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.



All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.



A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.



Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.



The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.


Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.


All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.



Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.



Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:


(a) recognized National Red Cross (Red Crescent,



Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;


(b) the Occupying Power may not require any



changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.



The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues.



The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention.



Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.



The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.



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, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.



The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact the accused is not a national of the Occupying Power.



Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their



discretion convert a sentence of imprisonment to one of internment for the same period.



The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.



The death penalty may not be pronounced on a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.



In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence.



In all cases the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment of awarded.



Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.



Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.



No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.



Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in



respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.


The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:



(a) description of the accused;


(b) place of residence or detention;


(c) specification of the charge or charges (with


mention of the penal provisions under which it is brought);

(d) designation of the court which will hear the
case;



(e) place and date of the first hearing.

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Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.



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



Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have at any time the right to object to the interpreter and to ask for his replacement.



A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.



The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where



the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power.



Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.



Any judgement involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71 and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgements other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgement has been received by the Protecting Power.



In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.



No death sentence shall be carried out before the expiration of a period of a least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.



The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.



Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least



equal to those obtaining in prisons in the occupied country.



They shall receive the medical attention required by their state of health.



They shall also have the right to receive any spiritual assistance which they may require.



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



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



Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.



Such persons shall have the right to receive at least one relief parcel monthly.



Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory.



If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.



Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.



Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention.


## Section Iv Regulations For The Treatment Of Internees Chapter I General Provisions Article 79



The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.



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 grant them also the medical attention required by their state of health.



No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.



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



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



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



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


## Chapter Ii Them. Showers Or Baths Shall Also Be Available. The Necessary Time Shall Be Set Aside For Washing And For Cleaning. Places Of Internment Article 83



The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war.


The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment.



Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such.



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 possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas or in districts, the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.



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



Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to



Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory.



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. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well-being and comfort.



Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.



When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.



In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the measures internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.



All due precautions must be taken in places of internment against the danger of fire.


## Chapter Iii Food And Clothing Article 89

Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.


Internees shall also be given the means by which they can prepare for themselves any additional food in their possession.



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



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



Expectant and nursing mothers and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs.



When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.



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



Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires.


## Chapter Iv Hygiene And Medical Attention Article 91



Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.



Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted



to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.



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


Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140.



Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee.



Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination.



## Chapter V Religious, Intellectual And Physical Activities Article 93



Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.



Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with



the international religious organizations of their faith. Such correspondence shall not be considered as forming a part. of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.



When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.



The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part. in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.



All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside.



Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people.



The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.



After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days' notice.



These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other



domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.



The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees, thus detailed, shall not be inferior to those applicable to work of the same nature in the same district.



All labour detachments shall remain part. of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment.



## Chapter Vi Personal Property And Financial Resources Article 97



Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.



The amounts shall be paid into the account of every internee as provided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent.



Articles which have above all a personal or sentimental value may not be taken away.



A woman internee shall not be searched except by a woman.


On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.



Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.



Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases.



All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.



Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.) but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention.



The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities



consistent with the legislation in force in such territory to make remittances to their families and to other dependents. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power, on request, and shall accompany the internee in case of transfer.



## Chapter Vii Administration And Discipline Article 99



Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.



The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.



Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.



Every order and command addressed to internees individually must, likewise, be given in a language which they understand.



The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited.



In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited.



Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the conditions of internment to which they are subjected.



They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.



Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment.



Periodic reports on the situation in places of internment and as to the needs of the internees may be sent by the Internee Committees to the representatives of the Protecting Powers.



In every place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee empowered to represent them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election.



Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned.



The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees.



In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention.



Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby.



Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary



for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).



All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part. of the quota mentioned in Article 107.



Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.


## Chapter Viii Relations With The Exterior Article 105



Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures.



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



Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to



which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.


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



As a rule, internees' mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages.



Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.



Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments.



The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels.



In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.



The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients. Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving



assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.



An relief shipments for internees shall be exempt from import, customs and other dues.



All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this effect, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances.



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



Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders.



The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them.



Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary 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;


(b) correspondence and reports relating to



internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.



These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.



The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.



The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible.



The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.


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



The Detaining Powers shall provide all reasonable execution facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or despatched by them.



In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.



The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment



and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow.



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 possible.



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


## Chapter Ix Penal And Disciplinary Sanctions Article 117



Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.



If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.



No internee may be punished more than once for the same act, or on the same count.



The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.



Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden.



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



The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.



Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result.



The disciplinary punishments applicable to internees shall be the following:



(1) a fine which shall not exceed 50 per cent of



the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.



(2) discontinuance of privileges granted over and


above the treatment provided for by the present Convention


(3) fatigue duties, not exceeding two hours daily,


in connection with the maintenance of the place of internment.



(4) confinement.



In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee's age, sex and state of health.



The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not.



Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence.



Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.



Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only.



Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.



The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not.



Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.



In cases of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement.



The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline.



Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.



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



The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month.



When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.



A record of disciplinary punishments shall be maintained by the commandant of the place of


internment and shall be open to inspection by representatives of the Protecting Power.



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



The premises in which disciplinary punishments are undergone shall conform to sanitary requirements: they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.



Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women.



Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.



They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital.



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



No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107
and 143 of the present Convention.



The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power.



## Chapter X Transfers Of Internees Article 127



The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at



least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.



The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.



Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.



If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.



When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes.



In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin.



They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee.



Mail and parcels addressed to their former place of internment shall be forwarded to them without delay.



The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees' community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph.



## Chapter Xi Deaths Article 129


The wills of internees shall be received for safe keeping by the responsible authorities; and if the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.



Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.



An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140.



The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.



Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.



As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves.



Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately



followed by an official enquiry by the Detaining Power.



A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.



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



## Chapter Xii Release, Repatriation And Accommodation In Neutral Countries Article 132



Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.



The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time.



Internment shall cease as soon as possible after the close of hostilities.



Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.



By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees.



The High Contracting Parties shall endeavour, upon the Repatriation close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their residence repatriation.



## Article 135 Rapid Means To The Powers In Whose Territory They



The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.



Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee's repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request.



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



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



## Section V Information Bureaux And Central Agency Article 136



Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.



Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.



Each national Bureau shall immediately forward information concerning protected persons by the most



resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.



Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.



All communications in writing made by any Bureau shall be authenticated by a signature or a seal.



The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.



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



Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.



A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article



123 of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.



The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.



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



The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief Societies described in Article 142.



The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.



## Part Iv Execution Of The Convention Section I General Provisions Article 142



Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.



The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.



The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.



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



They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.



Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.



Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.



The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.



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



Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions.



The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official



translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.


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



Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a *prima facie* case.



Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.



In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.



Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.



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 conflict shall put an end to it and shall repress it with the least possible delay.


## Section Ii Final Provisions Article 150



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



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



The present Convention, which bears the date of this day, is open to signature until 12 February 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21 April 1949.



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



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



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



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



In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of 29 July 1899, or that of 18 October 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.



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 six months after the date on which they are received.



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



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



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



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



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



The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages


established among civilized peoples, from the laws of humanity and the dictates of the public conscience.



The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.



IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.



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


## Annex I Draft Agreement Relating To Hospital And Safety Zones And Localities Article 1



Hospital and safety zones shall be strictly reserved for the persons mentioned in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, and in Article 14 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled.



Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there.



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



The Power establishing a hospital and safety zone shall take all necessary measures to prohibit access to all



persons who have no right of residence or entry therein.



Hospital and safety zones shall fulfil the following conditions:



(a) they shall comprise only a small part. of the


territory governed by the Power which has established them


(b) they shall be thinly populated in relation to the possibilities of accommodation


(c) they shall be far removed and free from all


military objectives, or large industrial or administrative establishments


(d) they shall not be situated in areas which,



according to every probability, may become important for the conduct of the war.



Hospital and safety zones shall be subject to the following obligations:


(a) the lines of communication and means of


transport which they possess shall not be used for the transport of military personnel or material, even in transit


(b) they shall in no case be defended by military means.



Hospital and safety zones shall be marked by means of oblique red bands on a white ground, placed on the buildings and outer precincts.



Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground.



They may be similarly marked at night by means of appropriate illumination.


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



As soon as the adverse party has received the abovementioned notification, the zone shall be regularly established.



If, however, the adverse party considers that the conditions of the present agreement have not been



fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8.



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


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



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



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



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



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



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



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



The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital and safety zones.


## Annex Ii Draft Regulations Concerning Collective Relief Article 1



The Internee Committees shall be allowed to distribute collective relief shipments for which they are responsible to all internees who are dependent for administration on the said Committee's place of internment, including those internees who are in hospitals, or in prison or other penitentiary establishments.



The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably.



Members of Internee Committees shall be allowed to go to the railway stations or other points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as the quality of the goods received and to make out detailed reports thereon for the donors.



Internee Committees shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their places of internment has been carried out in accordance with their instructions.



Internee Committees shall be allowed to complete, and to cause to be completed by members of the Internee Committees in labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to



collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.



In order to secure the regular distribution of collective relief supplies to the internees in their place of internment, and to meet any needs that may arise through the arrival of fresh parties of internees, the Internee Committees shall be allowed to create and maintain sufficient reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock, and the commandant of the place of internment the keys of the other.



The High Contracting Parties, and the Detaining Powers in particular, shall, so far as is in any way possible and subject to the regulations governing the food supply of the population, authorize purchases of goods to be made in their territories for the distribution of collective relief to the internees. They shall likewise facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.



The foregoing provisions shall not constitute an obstacle to the right of internees to receive collective relief before their arrival in a place of internment or in the course of their transfer, nor to the possibility of representatives of the Protecting Power, or of the International Committee of the Red Cross or any other humanitarian organization giving assistance to internees and responsible for forwarding such supplies, ensuring the distribution thereof to the recipients by any other means they may deem suitable.


## [Annex Iii, Illustrations Of Internment Card, Letter, And Correspondence Card, Not Included] U.S. Reservations

The United States in ratifying the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field does so with the



reservation that irrespective of any provision or provisions in said convention to the contrary, nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5, 1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground.



The United States reserves the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins. (Reservation formulated by the Representative of the United States of America at the time of signature.)



Rejecting the reservations - other than to Article 68, paragraph 2 - which States have made with respect to the Geneva Convention relative to the protection of civilian persons in time of war, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations.

U. S.
Signed



Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I)



## Protocol A**Dditional To The** Geneva C**Onventions Of** 12 August 1949, And R**Elating To** The Protection Of V**Ictims** Of International A**Rmed** Conflicts (A**Dditional** P**Rotocol** I) 8 June 1977 Preamble

The High Contracting Parties,



Proclaiming their earnest wish to see peace prevail among peoples,



Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,



Believing it necessary nevertheless to reaffirm and develop the provisions 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 legitimizing or authorizing 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 Parties to the conflict,



Have agreed on the following:

| U.S.     |     | U.S. Reservation/    |     |     |
|----------|-----|----------------------|-----|-----|
| Ratified |     | Understanding        |     |     |
| States   |     |                      |     |     |
| Party    |     |                      |     |     |
|          |     |                      |     |     |
|          |     |                      |     |     |
| X        | N/A | 170                  |     |     |
|          |     |                      |     |     |

## Part I General Provisions Article 1 General Principles And Scope Of Application



1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.



2. In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.



3. 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 Conventions.



4. The situations referred to in the preceding paragraph include armed conflicts which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation 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 Convention" 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 Ship-wrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative 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;


(b) "Rules of international law applicable in



armed conflict" means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict;



(c) "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 Protecting Power under the Conventions and this Protocol;


(d) "Substitute" means an organization acting in



place of a Protecting Power in accordance with Article 5.



## Article 3 Beginning And End Of Application



Without prejudice to the provisions which are applicable at all times:



(a) the Conventions and this Protocol shall apply


from the beginning of any situation referred to in Article 1 of this Protocol.



(b) the application of the Conventions and of this



Protocol shall cease, in the territory of Parties to the conflict, 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 re-establishment 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 re establishment.



## Article 4 Legal Status Of The Parties To The Conflict



The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not 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



1. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers,



including *inter alia* the designation 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.



2. 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 or a Protecting Power which has been accepted by it as such after designation by the adverse Party.



3. If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization 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 or at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt or the request; it shall compare them and seek the agreement of any proposed State named on both lists.



4. If, despite the foregoing, there is no Protecting Power, the Parties 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 organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute 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.



5. In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory.



6. 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.



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



## Article 6 Qualified Persons



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



2. The recruitment and training of such personnel are within domestic jurisdiction.



3. The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose.



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.


## Part Ii Wounded, Sick And Shipwrecked Section I General Protection Article 8 Terminology

For the purposes of this Protocol:



(1) "Wounded" and "sick" mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons



who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility;



(2) "Shipwrecked" means persons, whether military or civilian, who are in peril at sea or in other waters as a result 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 considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;



(3) "Medical personnel" means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under (5) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes:



(a) medical personnel of a Party to the conflict,


whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations;



(b) medical personnel of national Red Cross (Red


Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict;



(c) medical personnel or medical units or medical transports described in Article 9, paragraph 2.



(4) "Religious personnel" means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:



(a) to the armed forces of a Party to the conflict;


(b) to medical units or medical transports of a Party to the conflict;



(c) to medical units or medical transports described in Article 9, Paragraph 2; or



(d) to civil defence organizations of a Party to the conflict.



The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under (11) apply to them;



(5) "Medical units" means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment - including firstaid 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



pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;



(6) "Medical transportation" means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol;

(7) "Medical transports" means any means of transportation, whether military or civilian, permanent or temporary, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conflict;



(8) "Medical vehicles" means any medical transports by land;



(9) "Medical ships and craft" means any medical transports by water;


(10) "Medical aircraft" means any medical transports by air;



(11) "Permanent medical personnel", "permanent medical units" and "permanent medical transports" mean those assigned exclusively to medical purposes for an indeterminate period. "Temporary medical personnel" "temporary medical-units" and "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 personnel", "medical units" and "medical transports" cover both permanent and temporary categories;



(12) "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 units and transports, or medical and religious personnel, equipment or supplies;



(13) "Distinctive signal" means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol.



## Article 9 Field Of Application



1. This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply 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.



2. The relevant provisions of Articles 27 and 32 of the First Convention 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;



(b) by a recognized and authorized aid society of such a State;



(c) by an impartial international humanitarian organization.



## Article 10 Protection And Care



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



2. In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their 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, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.



2. It is, in particular, prohibited to carry out on such persons, even with their consent:



(a) physical mutilations;


(b) medical or scientific experiments;

(c) removal of tissue or organs for



transplantation, except where these acts are justified in conformity with the conditions provided for in paragraph 1.



3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without 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.



4. Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in 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.


5. The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.



6. Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons 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 procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation 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.



2. Paragraph 1 shall apply to civilian medical units, provided that they:



(a) belong to one of the Parties to the conflict;


(b) are recognized and authorized by the



competent authority of one of the Parties to the conflict; or


(c) are authorized in conformity with Article 9,



paragraph 2, of this Protocol or Article 27 of the First Convention.



3. 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 obligation to comply with the provisions of paragraph 1.



4. Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety.


## Article 13 Discontinuance Of Protection Of Civilian Medical Units



1. The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.



2. The following shall not be considered as acts harmful to the enemy:



(a) that the personnel of the unit are equipped


with light individual weapons for their own defence or for that of the wounded and sick in their charge;



(b) that the unit is guarded by a picket or by sentries or by an escort;


(c) that small arms and ammunition taken from



the wounded and sick, and not yet handed to the proper service, are found in the units;



(d) that members of the armed forces or other combatants are in the unit for medical reasons.



## 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.



2. The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their materiel or the services of their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment.



3. Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said resources, 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;


(b) that the requisition continues only while such necessity exists; and


(c) that immediate arrangements are made to


ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied.



## Article 15 Article 17 Protection Of Civilian Medical And Religious Personnel



1. Civilian medical personnel shall be respected and protected.



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



3. The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance 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 compatible with their humanitarian mission.



4. 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.



5. Civilian religious personnel shall be respected and protected. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons.


## 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.



2. Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.



3. No person engaged in medical activities shall be compelled to give to anyone belonging either to 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.


## 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 population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, 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.



2. 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 as long as they are needed.

## Article 18 Identification

1. Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable.



2. Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.



3. In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card certifying their status.



4. With the 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.



5. In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize 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.



6. 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 Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and transports specified in that Chapter.



7. This article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention.



8. The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.


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.


## 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

1. The provisions of the Conventions relating to:



(a) vessels described in Articles 22, 24, 25 and 27
of the Second Convention,



(b) their lifeboats and small craft,


(c) their personnel and crews, and

(d) the wounded; sick and shipwrecked on board,


shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories 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 Convention and by this Protocol.



2. The protection provided by the Conventions to vessels described 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


(b) by an impartial international humanitarian organization,



provided that, in either case, the requirements set out in that Article are complied with.



3. Small craft described in Article 27 of the Second Convention shall be protected, even if the notification envisaged by that Article has not been made. The Parties to the conflict are, 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 Article 22 of this Protocol and Article 38 of the Second Convention 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 recognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention.



2. The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship 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.



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



4. A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of 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 which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information.



5. The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.



6. The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred 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 or 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 adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making flights bringing them within range of surface-to-air weapons systems of the adverse Party.


## Article 26 Medical Aircraft In Contact Or Similar Zones



1. In and over those parts of the contact zone which are physically controlled by friendly forces and 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 agreement 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.



2. "Contact zone" means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.


## Article 27 Medical Aircraft In Areas Controlled By An Adverse Party



1. The medical aircraft of a Party to the conflict shall continue to be protected while flying over land 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.



2. A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting 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 been 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 Article 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.



## Article 28 Restrictions On Operations Of Medical Aircraft



1. The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire 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.



2. Medical aircraft shall not be used to collect or transmit intelligence 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(6). The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited.



3. Medical aircraft shall not carry any armament except small arms and ammunition taken from the



wounded, sick and shipwrecked on board 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.



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



1. 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.



2. A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification.



3. A Party which receives a request for prior agreement under Articles 25, 27, 28, paragraph 4, or 31 shall, as rapidly as possible, notify the requesting Party:



(a) that the request is agreed to;



(b) that the request is denied; or



(c) of reasonable alternative proposals to the



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



4. The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly.



5. The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements 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 controlled 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 accordance with



the following paragraphs. Medical aircraft shall obey any such order.



2. If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may 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 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.



3. If the inspection discloses that the aircraft:



(a) is a medical aircraft within the meaning of Article 8 (10),



(b) is not in violation of the conditions prescribed in Article 28, and



(c) has not flown without or in breach of a prior agreement where such agreement is required,



the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be authorized to continue the flight without delay.



4. If the inspection discloses that the aircraft:



(a) is not a medical aircraft within the meaning of Article 8 (10),



(b) is in violation or the conditions prescribed in Article 28, or



(c) has flown without or in breach of a prior agreement where such agreement is required,



the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Any aircraft seized which had been assigned 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 of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate.



2. Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either through



navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft is recognized, 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 safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.



3. If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the conflict, 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 expeditiously. 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 inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. If the inspection discloses that the aircraft 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 seized and the occupants treated in accordance with paragraph 4.



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 between 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 persons belong.



5. Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory 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 adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches.



2. 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 captivity for more than two weeks as a result of hostilities or occupation, or who have died during any period of detention;


(b) to the fullest extent possible, facilitate and, if



need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation.



3. Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be transmitted 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.



4. The Parties to the conflict shall endeavour to agree on arrangements 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.


## 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 hostilities and those or 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, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.



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2. As soon as circumstances and the relations between the adverse 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 conclude agreements in order:



(a) to facilitate access to the gravesites by



relatives of the deceased and by representatives of official graves registration services and to regulate the practical arrangements for such access;


(b) to protect and maintain such gravesites permanently;


(c) to facilitate the return of the remains of the



deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.



3. In the absence of the agreements provided for in paragraph 2 (b) or (c) and if the home country or 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 upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves.



4. A High Contracting Party in whose territory the grave sites referred to in this Article are situated shall be permitted to exhume the remains only:



(a) in accordance with paragraphs 2 (c) and 3, or



(b) where exhumation is a matter or overriding public necessity, including cases of medical and



investigative necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country or its intention to exhume the remains together with details of the intended place of reinternment.


## Part Iii. Methods And Means Of Warfare Combatant And Prisoner-Of-War Status Section I Methods And Means Of Warfare Article 35 Basic Rules



1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.



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2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.



3. 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 Party is under an obligation to determine whether its employment 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, protection 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;



(b) the feigning of an incapacitation by wounds or sickness;


(c) the feigning of civilian, non-combatant status;
and


(d) the feigning of protected status by the use of


signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.



2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable 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 an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.



2. It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.


## Article 39 Emblems Of Nationality



1. It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.



2. It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.


3. Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recognized 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 recognized or who, in the circumstances should be recognized to be hors de combat shall not be made the object of attack.



2. A person is *hors de combat* if:



(a) he is in the power of an adverse Party;



(b) he clearly expresses an intention to surrender;
or


(c) he has been rendered unconscious or is


otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;



provided that in any of these cases he abstains from any hostile act and does not attempt to escape.



3. When persons entitled to protection as prisoners of war have fallen into the power or an adverse Party under unusual conditions 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.



2. 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.



3. Airborne troops are not protected by this Article.


## Section Ii Combatants And Prisoner Of War Status Article 43 Armed Forces



1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct or its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, *inter alia*, shall enforce compliance with the rules of international law applicable in armed conflict.



2. Members of the armed forces of a Party to a conflict (other than medical personnel and 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.



## 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 conflict, 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 paragraphs 3 and 4.



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3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, 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) during each military engagement, and



(b) 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. Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1 (c).



4. A combatant who falls into the power of an adverse Party while failing to meet the requirements 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 equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes 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.



5. 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 combatant and a prisoner of war by virtue of his prior activities .



6. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention.



7. 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.



8. 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.



## Article 45 Protection Of Persons Who Have Taken Part. In Hostilities



1. A person who takes part. in hostilities and falls into the power of an adverse Party shall be 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.



2. 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 prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever 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 proceedings in which that question is adjudicated, unless, exceptionally, 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.



3. Any person who has taken part. in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless



he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention.


## Article 46 Spies

1. Notwithstanding any other provision of the Conventions or of this Protocol, any member of 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.



2. 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.



3. 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.



4. 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.


## Article 47 Mercenaries



1. A mercenary shall not have the right to be a combatant or a prisoner of war.



2. A mercenary is any person who:



(a) is specially recruited locally or abroad in order to fight in an armed conflict;



(b) does, in fact, take a direct part. in the hostilities;



(c) is motivated to take part. in the hostilities



essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;



(d) is neither a national of a Party to the conflict



nor a resident of territory controlled by a Party to the conflict;



(e) is not a member of the armed forces of a Party to the conflict; and



(f) has not been sent by a State which is not a



Party to the conflict on official duty as a member of its armed forces.


## Part Iv Civilian Population Section I General Protection Against Effects Of Hostilities Chapter I Basic Rule And Field Of Application Article 48 Basic Rule



In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.



## Article 49 Definition Of Attacks And Scope Of Application



1. "Attacks" means acts of violence against the adversary, whether in offence or in defence.



2. The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party.



3. 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.



4. The provisions of this section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in part. II thereof, and in other international 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.


## Chapter Ii Civilians And Civilian Population Article 50 Definition Of Civilians And Civilian Population



1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4 (A) (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.



2. The civilian population comprises all persons who are civilians.



3. The presence within the civilian population of individuals who do not come within the definition 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 operations. 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.



2. 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.



3. Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part. in hostilities.



4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:



(a) those which are not directed at a specific military objective;



(b) those which employ a method or means of



combat which cannot be directed at a specific military objective; or



(c) those which employ a method or means of


combat the effects of which cannot be limited as required by this Protocol;



and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.



5. Among others, the following types of attacks are to be considered as indiscriminate:


(a) an attack by bombardment by any methods or



means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and



(b) an attack which may be expected to cause



incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.



6. Attacks against the civilian population or civilians by way of reprisals are prohibited.



7. The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict 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.



8. Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57.



## Chapter Iii Civilian Objects Article 52 General Protection Of Civilian Objects



1. Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.



2. Attacks shall be limited strictly to military objectives. In so far as objects are concerned, 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



circumstances ruling at the time, offers a definite military advantage.



3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a 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.



## 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;



(b) to use such objects in support of the military effort;


(c) to make such objects the object of reprisals.

## Article 54 Protection Of Objects Indispensable To The Survival Of The Civilian Population



1. Starvation of civilians as a method of warfare is prohibited.



2. It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying 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.



3. 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



(b) 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.



4. These objects shall not be made the object of reprisals.



5. In recognition of the vital requirements of any Party to the conflict in the defence of its 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 environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or 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.



2. Attacks against the natural environment by way of reprisals are prohibited.


## Article 56 Protection Of Works And Installations Containing Dangerous Forces



1. Works or installations containing dangerous forces, namely dams, dykes and nuclear 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. 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 dangerous forces from the works or installations and consequent severe losses among the civilian population.



2. The special protection against attack provided by paragraph 1 shall cease:



(a) for a dam or a dyke only if it is used for other



than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;



(b) for a nuclear electrical generating station only



if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;



(c) for other military objectives located at or in



the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.



3. 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 mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces.



4. It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals.



5. The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations 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 themselves be made the object of attack, provided that they are not used in hostilities except for defensive actions necessary to respond 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 installations.



6. 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.



7. 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.


## Chapter Iv Precautionary Measures Article 57 Precautions In Attack



1. In the conduct of military operations, constant care shall be taken to spare the civilian 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



objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;



(ii) take all feasible precautions in the choice



of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss or civilian life, injury to civilians and damage to civilian objects;



(iii) refrain from deciding to launch any attack



which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;


(b) an attack shall be canceled 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 combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;


(c) effective advance warning shall be given of


attacks which may affect the civilian population, unless circumstances do not permit.



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.



4. 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.



5. No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.


## Article 58 Precautions Against The Effects Of Attacks



The Parties to the conflict shall, to the maximum extent feasible:



(a) without prejudice to Article 49 of the Fourth



Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives;


(b) avoid locating military objectives within or near densely populated areas;



(c) take the other necessary precautions to protect


the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.


## Chapter V Other Party, Which Shall Be Displayed Where They Are Clearly Visible, Especially On Its Perimeter And Limits And On Highways. Localities And Zones Under Special Protection Article 59 Non-Defended Localities



1. It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.



2. The appropriate authorities of a Party to the conflict may declare as a non-defended 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;


(b) no hostile use shall be made of fixed military installations or establishments;


(c) no acts of hostility shall be committed by the authorities or by the population; and


(d) no activities in support of military operations shall be undertaken.


3. The presence, in this locality, of persons specially protected under the Conventions and this 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.



4. 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 acknowledge its receipt and shall treat the locality as a non-defended
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 continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.



5. The Parties to the conflict may agree on the establishment of non-defended localities even if such localities do not fulfil 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.


6. 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



7. A locality loses its status as a non-defended locality when its ceases to fulfil the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, 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.



2. The agreement shall be an express agreement, may be concluded verbally or in writing, either directly or through a Protecting 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 precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the methods of supervision.



3. The subject of such an agreement shall normally be any zone which fulfils the following conditions:


(a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;


(b) no hostile use shall be made of fixed military installations or establishments;


(c) no acts of hostility shall be committed by the authorities or by the population; and



(d) any activity linked to the military effort must have ceased.



The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in subparagraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4.



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.



5. 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.


6. 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.



7. 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 upon the zone the status of demilitarized zone. In such an 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.


## Chapter Vi Civil Defence Article 61 Definitions And Scope

For the purpose of this Protocol:



(1) "Civil defence" means the performance of some or all of the undermentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are:



(a) warning;


(b) evacuation;


(c) management of shelters;

(d) management of blackout measures;


(e) rescue;


(f) medical services, including first aid, and religious assistance;


(g) fire-fighting;


(h) detection and marking of danger areas;


(i) decontamination and similar protective measures;


(j) provision of emergency accommodation and supplies;



(k) emergency assistance in the restoration and maintenance of order in distressed areas;



(l) emergency repair of indispensable public utilities;


(m) emergency disposal of the dead;



(n) assistance in the preservation of objects essential for survival;



(o) complementary activities necessary to carry


out any of the tasks mentioned above, including, but not limited to, planning and organization;



(2) "Civil defence organizations" means those establishments and other units which are organized or authorized by the competent authorities of a Party to the conflict to perform any of the tasks mentioned under (1), and which are assigned and devoted exclusively to such tasks;



(3) "Personnel" of civil defence organizations means those persons assigned by a Party to the conflict exclusively to the performance of the tasks mentioned under (1), including personnel assigned by the competent authority of that Party exclusively to the administration of these organizations;


(4) "Materiel" of civil defence organizations means equipment, supplies and transports used by these organizations for the performance of the tasks mentioned under (1).


## 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.



2. 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 perform civil defence tasks under their control.



3. Buildings and materiel 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 interests of that Power.


2. The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their tasks in any manner prejudicial to the interests of the civilian population.



3. The Occupying Power may disarm civil defence personnel for reasons of security.


4. The Occupying Power shall neither divert from their proper use nor requisition buildings or materiel belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.



5. 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 materiel are necessary for other needs of the civilian population; and


(b) that the requisition or diversion continues only while such necessity exists.



6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population.


Civilian civil defence organizations of neutral or



other States not Parties to the conflict and
international co-ordinating organizations



1. Articles 62, 63, 65 and 66 shall also apply to the personnel and materiel 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 conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned.



2. The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co ordination of such civil defence actions when appropriate. In such cases the relevant international organizations are covered by the provisions of this Chapter.



3. In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence organizations of neutral or other States not



Parties to the conflict and of international co-ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory.


## Article 65 Cessation Of Protection

1. The protection to which civilian civil defence organizations, their personnel, buildings, shelters and materiel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.


2. The following shall not be considered as acts harmful to the enemy:



(a) that civil defence tasks are carried out under the direction or control of military authorities;


(b) that civilian civil defence personnel co



operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence organizations;



(c) that the performance of civil defence tasks


may incidentally benefit military victims, particularly those who are *hors de combat*.



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3. It shall also not be considered as an act harmful to the enemy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order or for self-defence. 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 recognized as such.



4. 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.


## Article 66 Identification



1. Each Party to the conflict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and materiel are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable.



2. Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel, buildings and materiel on which the international distinctive sign of civil defence is displayed.



3. 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.


4. The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and materiel and for civilian shelters.



5. In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes.



6. The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol.



7. In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes.



8. 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.



9. The identification of civil defence medical and religious personnel, 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



1. 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;


(b) if so assigned, such personnel do not perform any other military duties during the conflict;


(c) such personnel are clearly distinguishable



from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, 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;


(d) such personnel and such units are equipped


only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also apply in this case;



(e) 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


(f) such personnel and such units perform their


civil defence tasks only within the national territory of their Party.



The non-observance of the conditions stated in (e) above by any member of the armed forces who is bound by the conditions prescribed in (a) and (b) above is prohibited.



2. Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks.



3. The buildings and major items of equipment and transports of military units assigned to civil defence organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign shall be as large as appropriate.



4. The materiel and buildings of military units permanently assigned 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 purpose 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.


## 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 Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship.



2. Relief actions for the benefit of the civilian population of occupied 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.


## 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 adequately provided with the supplies mentioned in Article 69, relief actions which are humanitarian and impartial in character 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 regarded 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 privileged treatment or special protection.



2. 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 accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.



3. The Parties to the conflict and each High Contracting Party which allows the passage of relief consignments, equipment and personnel in accordance with paragraph 2:



(a) shall have the right to prescribe the technical


arrangements, including search, under which such passage is permitted;



(b) may make such permission conditional on the


distribution of this assistance being made under the local supervision of a Protecting Power;



(c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are



intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned.



4. The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.



5. The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective international co-ordination of the relief actions referred to in paragraph 1.



## Article 71 Personnel Participating In Relief Actions



1. Where necessary, relief personnel may form part. of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.



2. Such personnel shall be respected and protected.



3. 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 relief personnel be limited or their movements temporarily restricted.



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 Chapter I Field Of Application And Protection Of Persons And Objects Article 72 Field Of Application



The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects 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 considered 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.


## 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 Conventions and of this Protocol and in conformity with their respective security regulations.


## Article 75 Fundamental Guarantees



1. In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who 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, religion 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, convictions and religious practices of all such persons.



2. 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) violence to the life, health, or physical or mental well-being of persons, in particular:



(i) murder;


(ii) torture of all kinds, whether physical or mental;


(iii) corporal punishment; and


(iv) mutilation;



(b) outrages upon personal dignity, in particular


humiliating and degrading treatment, enforced prostitution and any form or indecent assault;


(c) the taking of hostages;


(d) collective punishments; and



(e) threats to commit any of the foregoing acts.



3. Any person arrested, detained or interned for actions related to the armed conflict shall be 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 possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.



4. 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 impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include the following:


(a) the procedure shall provide for an accused to


be informed 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;


(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;


(c) no one shall be accused or convicted of a



criminal offence on account or any act or omission which did not constitute a criminal offence under the national or international law to which he was subject 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;



(d) anyone charged with an offence is presumed innocent until proved guilty according to law;



(e) anyone charged with an offence shall have the right to be tried in his presence;



(f) no one shall be compelled to testify against himself or to confess guilt;



(g) anyone charged with an offence shall have the



right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;


(h) no one shall be prosecuted or punished by the



same Party for an offence in respect of which a final judgment acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;


(i) anyone prosecuted for an offence shall have



the right to have the judgment pronounced publicly; and


(j) a convicted person shall be advised on


conviction or his judicial and other remedies and of the time-limits within which they may be exercised.



5. Women whose liberty has been restricted for reasons related to the armed conflict shall be held 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.



6. Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict.



7. In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply:



(a) persons who are accused or such crimes



should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and


(b) any such persons who do not benefit from



more favourable treatment under 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.



8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.



## Chapter Ii Measures In Favour Of Women And Children Article 76 Protection Of Women



1. Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault.



2. 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 utmost priority.


3. 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 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.



2. 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.



3. 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.



4. 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 accommodated as family units as provided in Article 75, paragraph 5.



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.


## Article 78 Evacuation Of Children



1. No Party to the conflict shall arrange for the evacuation of children, other than 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 occupied 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 children 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 receiving 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. With a view to facilitating the return to their families and country of children evacuated pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, 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 following information:



(a) surname(s) of the child;


(b) the child's first name(s);

(c) the child's sex;



(d) the place and date of birth (or, if that date is not known, the approximate age);



(e) the father's full name;


(f) the mother's full name and her maiden name;


(g) the child's next-of-kin;


(h) the child's nationality;


(i) the child's native language, and any other languages he speaks;



(j) the address of the child's family;


(k) any identification number for the child;


(l) the child's state of health;


(m) the child's blood group;


(n) any distinguishing features;


(o) the date on which and the place where the child was found;


(p) the date on which and the place from which the child left the country;



(q) the child's religion, if any;



(r) the child's present address in the receiving country;


(s) should the child die before his return, the date,


place and circumstances of death and place of interment.



## Chapter Iii Journalists Article 79 Measures Or 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.



2. 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 war correspondents accredited to the armed forces to the status provided for in Article 4 (A) (4) of the Third Convention.



3. They may obtain an identity card similar to the model in Annex 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 journalist.



## Part V Execution Of The Conventions And Of Its Protocols Section I General Provisions Article 80 Measures For Execution



1. The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol.



2. The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution.


## Article 81 Article 83 Activities Of The Red Cross And Other Humanitarian Organizations



1. The Parties to the conflict shall grant to the International Committee of the Red Cross all 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 International Committee of the Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned.



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2. The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the facilities 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 fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.



3. The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the assistance which 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.



4. The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian 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.


## 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 advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject.



## 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.



2. Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.


## Article 84 Rules Of Application



The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations 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.



2. Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol, 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.



3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in


violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health:



(a) making the civilian population or individual civilians the object of attack;


(b) launching an indiscriminate attack affecting



the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);


(c) launching an attack against works or



installations containing dangerous forces in the knowledge that such attack 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 non-defended localities and demilitarized zones the object of attack;



(e) making a person the object of attack in the knowledge that he is *hors de combat*;



(f) the perfidious use, in violation of Article 37,


of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol.



4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded 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;


(b) unjustifiable delay in the repatriation of prisoners of war or civilians;


(c) practices of apartheid and other inhuman and


degrading practices involving outrages upon personal dignity, based on racial discrimination;


(d) making the clearly-recognized historic



monuments, works of Article 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 adverse 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;



(e) depriving a person protected by the



Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial.



5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.


## Article 86 Failure To Act



1. The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and 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.



2. The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the 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.



2. In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate 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.



3. 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 are necessary to prevent such violations of 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 connexion with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.



2. Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1 of this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in the matter of extradition. They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.



3. 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 mutual assistance in criminal matters.



## Article 89 Co-Operation



In situations of serious violations or the Conventions or of this Protocol, the High Contracting Parties undertake to act jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter.


## Article 90 International Fact-Finding Commission



1. (a) An International Fact-Finding Commission (hereinafter referred to as "the Commission") consisting of 15 members of high moral standing and acknowledged impartiality shall be established;



(b) When not less than 20 High Contracting



Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of representatives of those High Contracting Parties for the purpose of electing the members of the Commission. 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;


(c) 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;



(d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the



Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured;



(e) In the case of a casual vacancy, the



Commission itself shall fill the vacancy, having due regard to the provisions of the preceding subparagraphs;



(f) The depositary shall make available to the


Commission the necessary administrative facilities for the performance of its functions.


2. (a) The High Contracting Parties may at the time of signing, 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, the competence of the Commission to inquire into allegations by such other Party, as authorized by this Article;



(b) The declarations referred to above shall be


deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties;



(c) The Commission shall be competent to:



(i) inquire 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;


(ii) facilitate, through its good offices, the


restoration of an attitude of respect for the Conventions and this Protocol;


(d) In other situations, the Commission shall



institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned;



(e) Subject to the foregoing provisions or this



paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 or the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol.



3. (a) Unless otherwise agreed by the Parties concerned, all inquiries 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 equitable representation of the geographical areas, after consultation with the Parties to the conflict;



(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 inquiry, 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 timelimit, the President shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber.



4. (a) The Chamber set up under paragraph 3 to undertake an inquiry 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;



(c) Each Party shall have the right to challenge such evidence.


5. (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate;



(b) If the Chamber is unable to secure sufficient


evidence for factual and impartial findings, the Commission shall state the reasons for that inability;


(c) The Commission shall not report its findings



publicly, unless all the Parties to the conflict have requested the Commission to do so.



6. The Commission shall establish its own rules, including rules for the presidency or the Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an inquiry, they are exercised by a person who is not a national of a Party to the conflict.



7. The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an inquiry 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 50 per cent of the costs of the Chamber. Where there are counter-allegations before the Chamber each side shall advance 50 per cent of the necessary funds.


## Article 91 Responsibility



A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be



responsible for all acts committed by persons forming part. of its armed forces.


## Part Vi Final Resolutions 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 or twelve months.



## Article 93 Ratification



This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.


## Article 94 Accession



This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.



## Article 95 Entry Into Force



1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.



2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.


## Article 96 Treaty Relations Upon Entry Into Force Or This Protocol



1. When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.



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.



3. 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 Conventions 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 immediate effect;


(b) the said authority assumes the same rights and



obligations as those which have been assumed by a High Contracting Party to the Conventions and this Protocol; and


(c) the Conventions and this Protocol are equally binding upon all Parties to the conflict.



## Article 97 Amendment



1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.



2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories or this Protocol.


## Article 98 Revision Of Annex I



1. Not later than four years after the entry into force of this Protocol and thereafter at intervals of 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 technical experts to review Annex I and to propose such amendments 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, one third 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 one third of the High Contracting Parties.



2. The depositary shall convene a conference of the High Contracting 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 one third of the High Contracting Parties so request.



3. Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting.


4. The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. 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 non-acceptance of the amendment has been communicated to the depositary by not less than one third of the High Contracting Parties.



5. An amendment considered to have been accepted in accordance 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 non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and the amendment shall then enter into force for that Party three months thereafter.



6. 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 non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.


## Article 99 Denunciation



1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect
one year after receipt 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 I, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case, before operations connected with the final release, repatriation or re-establishment of the persons protected by the Convention or this Protocol have been terminated.



2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.



3. The denunciation shall have effect only in respect of the denouncing Party.



4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict, under this Protocol by such denouncing



Party in respect of any act committed before this denunciation becomes effective.


## 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;


(b) the date of entry into force of this Protocol under Article 95;


(c) communications and declarations received under Articles 84, 90 and 97;


(d) declarations received under Article 96,



paragraph 3, which shall be communicated by the quickest methods; and


(e) denunciations under Article 99.

## Article 101 Registration



1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.



2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.



## Article 102 Authentic Texts



The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.



## Annex I Regulations Concerning Identification Chapter I Identity Cards Article 1 Identity Card For Permanent Civilian Medical And Religious Personnel



1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3, of the Protocol should:



(a) bear the distinctive emblem and be of such size that it can be carried in the pocket;



(b) be as durable as practicable;


(c) be worded in the national or official language
(and may in addition be worded in other languages);



(d) mention the name, the date of birth (or, if that



date is not available, the age at the time of issue) and the identity number, if any, of the holder;



(e) state in what capacity the holder is entitled to


the protection of the Conventions and of the Protocol; bear the photograph of the holder as well as his signature or his thumb-print, or both;


(g) bear the stamp and signature of the competent authority;


(h) state the date of issue and date of expiry of the card.



2. The identity card shall be uniform throughout the territory of each High Contracting Party and, as far as possible, of the same type for all Parties to the conflict.

The Parties to the conflict may be guided by the singlelanguage model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen of the model they are using, if such model differs from that shown in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards which it has issued.



3. In no circumstances may permanent civilian medical and religious personnel be deprived of their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.



## Article 2 Identity Card For Temporary Civilian Medical And Religious Personnel



1. The identity card for temporary civilian medical and religious personnel should, whenever possible, be similar to that provided for in Article 1 of these Regulations. The Parties to the conflict may be guided by the model shown in Figure 1.



2. When circumstances preclude the provision to temporary civilian medical and religious personnel of identity cards similar to those described in Article 1 of these Regulations, the said personnel may be provided with a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive emblem. The certificate should mention the holder's name and date of birth (or if that date is not available, his age at the time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his thumb print, or both.


## Chapter Ii The Distinctive Emblem Article 3 Shape And Nature



1. The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting Parties may be guided by the models shown in Figure 2.



2. At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection.


## Article 4 Use



1. The distinctive emblem shall, whenever possible, be displayed on a flat surface or on flags visible from as many directions and from as far away as possible.



2. Subject to the instructions of the competent authority, medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear headgear and clothing bearing the distinctive emblem.



## Chapter Iii Distinctive Signals Article 5 Optional Use



1. Subject to the provisions of Article 6 of these Regulations, the signals specified in this Chapter for exclusive use by medical units and transports shall not be used for any other purpose. The use of all signals referred to in this Chapter is optional.



2. Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorized in this Chapter. The best method of effective identification and recognition of medical aircraft is, however, the use of a visual signal, either the distinctive emblem or the light signal specified in Article 6, or both, supplemented by the other signals referred to in Articles 7 and 8 of these Regulations.



## Article 6 Light Signal



1. The light signal, consisting of a flashing blue light, is established for the use of medical aircraft to signal their identity. No other aircraft shall use this signal. The recommended blue colour is obtained by using, as trichromatic co-ordinates:


green boundary y = 0.065 + 0.805x



white boundary y = 0.400 - x



purple boundary x = 0.133 + 0.600y



The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute.



2. Medical aircraft should be equipped with such lights as may be necessary to make the light signal visible in as many directions as possible.



3. In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue lights for the identification of medical vehicles and ships and craft, the use of such signals for other vehicles or ships is not prohibited.



1. The radio signal shall consist of a radiotelephonic or radiotelegraphic message preceded by a distinctive priority signal to be designated and approved by a World Administrative Radio Conference of the International Telecommunication Union. It shall be transmitted three times before the call sign of the medical transport involved. This message shall be transmitted in English at appropriate intervals on a frequency or frequencies specified pursuant to paragraph j. The use of the priority signal shall be restricted exclusively to medical units and transports.



2. The radio message preceded by the distinctive priority signal mentioned in paragraph 1 shall convey the following data:



(a) call sign of the medical transport;


(b) position of the medical transport;


(c) number and type of medical transports;


(d) intended route;


(e) estimated time en route and of departure and


arrival, as appropriate; any other information such as flight altitude, radio frequencies guarded, languages and secondary surveillance radar modes and codes.



3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications referred to in Articles 22, 23, 25, 26,27, 28, 29, 30 and 31 of the Protocol, the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to the International Telecommunication Convention, and publish selected national frequencies to be used by them for such communications. These frequency shall be notified to the International Telecommunication Union in accordance with procedures to be approved by a World Administrative Radio Conference.


## Article 8 Electronic Identification



1. The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organization.



2. Parties to a conflict may, by special agreement between them, establish for their use a similar electronic system for the identification of medical vehicles, and medical ships and craft.

## Chapter Iv Communications Article 9 Radio Communications



The priority signal provided for in Article 7 of these Regulations may precede appropriate radio communications by medical units and transports in the application of the procedures carried out under Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol.


## Article 10 Use Of International Codes



Medical units and transports may also use the codes and signals laid down by the International Telecommunication Union, the International Civil Aviation Organization and the Inter-Governmental Maritime Consultative Organization. These codes and signals shall be used in accordance with the standards, practices and procedures established by these Organizations.



## Article 11 Other Means Of Communication

|    |    |     |     |     |      |     |     |
|----|----|-----|-----|-----|------|-----|-----|
|    |    |     |     |     |      |     |     |
|    |    |     |     |     |      |     |     |



When two-way radio communication is not possible, the signals provided for in the International Code of Signals adopted by the Inter-Governmental Maritime Consultative Organization or in the appropriate Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used.


## Article 12 Flight Plans



The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization.



## Article 13 Signals And Procedures For The Interception Of Medical Aircraft



If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting and the medical aircraft.


## Chapter V Civil Defence Article 14 Identity Card



1. The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is governed by the relevant provisions of Article 1 of these Regulations.



2. The identity card for civil defence personnel may follow the model shown in Figure 3.



3. If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned

## Article 15 International Distinctive Sign



1. The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4:



2. It is recommended that:



(a) if the blue triangle is on a flag or armlet or



tabard, the ground to the triangle be the orange flag, armlet or tabard;


(b) one of the angles of the triangle be pointed vertically upwards;


(c) no angle of the triangle touch the edge of the orange ground.



3. The international distinctive sign shall be as large as appropriate under the circumstances. The distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection.



## Chapter Vi Works And Installations Containing Dangerous Forces Article 16 International Special Sign



1. The international special sign for works and installations containing dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below,


2. The sign shall be as large as appropriate under the circumstances. When displayed over an extended



surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat surfaces or on flags so as to be visible from as many directions and from as far away as possible.



3. On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one radius of a circle. The flag shall be rectangular and shall have a white ground.



4. At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials rendering it recognizable by technical means of detection.


## Annex Ii Identity Card For Journalists On Dangerous Professional Missions Additional Protocol I **As An** Expression Of C**Ustomary** I**Nternational** Law



The following is a summary of the comments of Mr. Michael Matheson, then U.S. Dept. of State Deputy Legal Advisor, presented to the Sixth Annual American Red Cross-Washington College of Law Conference on International, Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, reported in 2 AM. U. J. INT'L L. & POLICY 419 (1987). He expounded on the provisions of Protocol I which the U.S. considers (and, where noted, does not consider) expressions of customary international law.



Matheson's remarks may no longer be considered authoritative. *See, e.g.*, Charles Garraway, The Law of War in the 21st Century, Conference Brief, Center for Naval Warfare Studies, United States Naval War College, www.nwc.navy.mil/cnws/ild/
documents/2005%20conference%20brief.pdf, p. 8.



Art. 1(4) - We do not support the applicability of Protocol I to wars of national liberation; this is not an expression of customary international law.



Art. 5 - Protecting powers shall be designated and accepted without delay from the beginning of any conflict, but, this principle is not unequivocal and is still subject, in the last instance, to refusal by the state in question.



Art. 10 - All wounded, sick, and shipwrecked will be respected and protected, and not be made the object of attacks or reprisals; such persons are to be given medical treatment, and no distinction is to be made based on any grounds other than medical.



Art. 11 - Physical or mental health and integrity of persons under the control of a party to a conflict shall not be endangered by any unjustified act or omission and shall not be subjected to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards.



Arts. 12 through 20 - Medical units, including properly authorized civilian medical units, shall be respected and protected at all times and shall not be made the object of attacks or reprisals; civilian medical and religious personnel likewise shall be respected and protected.



Arts. 18 through 23 - The relevant provisions of the
1949 Geneva Conventions apply to all properly authorized medical vehicles, hospital ships, and other medical ships and craft, regardless of the identity of the wounded, sick, and shipwrecked that they serve.



Arts. 24 through 31 - Known medical aircraft shall be respected and protected when performing their humanitarian functions.



Arts. 32 and 33 - Families have the right to know the fate of their relatives and each party to a conflict should search areas circumstances permit.



Art. 34 - Each party to conflict shall permit teams to search for, identify, and recover the dead for the battlefield areas, and the remains of the dead shall be respected, maintained, and marked; as soon as circumstances permit, arrangements shall be made to facilitate access to grave-sites by relatives, to protect and maintain such sites permanently, and facilitate the return of the remains, when requested.



Art. 35 - The methods and means of conducting warfare and of injuring the enemy are not unlimited and the parties to a conflict may not use weapons, projectiles, and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. We do not support the prohibition on use of methods or means of warfare intended or expected to cause widespread, long-term and severe damage to the environment; this prohibition is too broad and ambiguous and is not part. of customary international law.



Art. 37 and 38 - Individual combatants shall not kill, injure, or capture enemy personnel by resort to perfidy; internationally recognized protective emblems, e.g., the Red Cross, shall not be improperly used.



Art. 39 - We do not support the prohibition on the use of enemy emblems and uniforms during military operations.



Art. 40 - No order shall be given that there will be no survivors taken nor may an adversary be threatened with such an order or hostilities conducted on that basis.



Art. 42 - Persons, other than airborne troops, parachuting from an aircraft in distress shall not be made the object of attack.



Arts. 44 and 45 - We do not support the relaxation of requirements contained in the Third Geneva Convention concerning POW treatment for irregular forces. We do believe persons entitled to combatant status should be treated as prisoners of war in accordance with the 1949 Geneva Conventions; combatant personnel must distinguish themselves from the civilian population while engaged in military operations. We do support the principle that, should any doubt arise as to whether a person is entitled to combatant status, he shall be so treated until his status has been determined by a competent tribunal; if a person who has fallen into the hands of an adversary is not held as a prisoner of war and is to be tried for an offense arising out of the hostilities, he shall have the



right to assert his entitlement to prisoner of war status before a judicial tribunal and to have that question adjudicated.



Art. 47 - We do not support the prohibition on the use of mercenaries; this is not an expression of customary international law.



Arts. 51 and 52 - Civilian populations and individual citizens shall not be made the object of acts or threats of violence, the primary purpose of which is to spread terror among them; attacks shall not be carried out which would clearly result in collateral civilian casualties disproportionate to the expected military advantage. The civilian population shall not be used to shield military objectives or operations from attack, and immunity shall not be extended to civilians who are taking part. in the hostilities. We do not support the portion of Art. 51 and subsequent articles prohibiting the use of reprisals; this is not an expression of customary international law.



Arts. 54 and 70 - Starvation of civilians shall not be used as a method of warfare, and, subject to the requirements of imperative military necessity, impartial relief actions necessary for the survival of the civilian population shall be permitted and encouraged.



Arts. 57 through 60 - All practicable precautions, taking into account military and humanitarian considerations, shall be taken in the conduct of military operations to minimize incidental death, injury, and damage to civilians and civilian objects, and effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit; attacks shall not be made against appropriately declared or agreed non-defended localities or agreed demilitarized zones.



Art. 56 - We do not support the prohibition on targeting dikes, dams, and nuclear power stations.



Arts. 62 and 63 - Civilian defense organizations and their personnel shall be respected and protected as civilians and shall be permitted to perform their civil defense tasks, except in cases of imperative military necessity; in occupied territories, civilians shall receive from the appropriate authorities, as practicable, the facilities necessary for the performance of their tasks.



Arts. 73 and 74 - Persons who were considered as refugees or stateless persons before the beginning of hostilities shall nonetheless be treated as protected persons under the Geneva Convention; states shall facilitate the reunion of families dispersed as a result of armed conflicts and will encourage, in particular, the work of humanitarian organizations engaged in this work.



Art. 75 - All persons who are in the power of a party to a conflict and who do not benefit from more favorable treatment under the Conventions shall be



treated humanely in all circumstances and enjoy, at a minimum, the protections specified in the Conventions without any adverse distinction based upon race, sex language, religion or belief, political or other opinion, national or social origin, or an similar criteria. These persons shall not be subjected to violence to life, health, or physical or mental well-being , outrages upon personal dignity, the taking of hostages, or collective punishments, and no sentence may be passed and no penalty executed except pursuant to conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure.



Arts. 76 through 78 - Women and children shall be the object of special respect and protection, and women will be protected against rape and indecent assault, and all feasible measures shall be taken to ensure that children under the age of fifteen do not take a direct part. in hostilities. No state shall arrange for the evacuation of children except for temporary evacuation where compelling reasons of the health or medical treatment of the children or their safety exist, except in occupied territory, so require.



Art. 79 - Journalists shall be protected as civilians under the Conventions, provided they take no actions adversely affection such status.



Art. 80 through 85 - All necessary measures for the implementation of the rules of humanitarian law shall be taken without delay, and the ICRC and the relevant Red Cross or Red Crescent organizations will be granted all necessary facilities and access to enable them to carry out their humanitarian functions; legal advisors shall be made available, when necessary, to advise military commanders at the appropriate level on the application of these principles, and their study shall be included in programs of military instruction.



Arts. 85 through 89 - Appropriate authorities shall take all reasonable measures to prevent acts contrary to the applicable rules of humanitarian law, and shall take all appropriate steps to bring to justice all persons who have willfully committed such acts, and will make good faith efforts to cooperate with one another in this regard.



1977 Protocols Additional to the Geneva Conventions: Customary International Law Implications



This is in reply to your memorandum of 26 March 1986, same subject, to the undersigned. In that memo you asked



our views on which articles of the Protocol are currently recognized as customary international law, and which should be supported for eventual incorporation into that law. Our views were to be based on the list of provisions provided by OJCS.


We view the following provisions as already part. of customary international law:

a.
Medical activities: Articles 10; 12, paragraphs 1 (as it applies to military medical activities) and 4; 15,



paragraph 1; and 18, paragraphs 1, 2, 4 and 7 (as it applies to military medical activities). We do not believe any reference to "signals" represents customary international law.



b. Medical aircraft: Articles 24 (except reference to "this Part"); 28, paragraph 1; and 31, subject to there being a reasonable basis for assuming that the party ordering a landing will respect the Geneva Conventions and Articles 30 and 31 of the Protocol.


c.
Basic principles: Article 35, paragraphs 1 and 2.



d. Quarter: Article 40.


e.
Parachutists: Article 42.


f.
Persons who have taken part. in hostilities: Article 45, paragraph 3, first sentence.



g.
Civilians: Articles 51, paragraph 2; 52, paragraphs 1 and 2 (except for the reference to "reprisals"); and 57,



paragraphs 1, 2(c) and 4.



h.
Undefended localities and demilitarized zones: Articles 59 and 60.


i.
Refugees: We regard Article 73 as a correct and authoritative interpretation of Article 4 of the Fourth



Geneva Convention of 1949.


j.
Fundamental guarantees: Article 75.


k.
Women and children: Article 76, paragraph 1, and 77, paragraph 1.



We regard the following provisions as supportable for inclusion in customary law through state practice:

a.
Medical activities: Article 12, paragraphs 1 (as applicable to civilian medical activities), 2 and 3; 13; 14;



15, paragraph 5; 18, paragraph 3, and 20. Also, adding identification guidelines for civilian medical activities is acceptable as provided for in paragraph 1, 2 and 4 of Article 18. We do not support inclusion of "signals" in customary law.



b. Medical transportation: Article 21; 25-27; 28, paragraphs 2 (except the first sentence), 3 and 4; 29 and 30. Support for the provisions pertaining to aircraft is also subject to the general conditions that the duties of aircraft shall depend on control of airspace rather than control of the surface overflown, and that a summons to land need not be respected unless there is a reasonable basis to believe that a party ordering the landing will respect the Geneva Convention and Articles 30 and 31 of the Protocol. Also, as to Articles 26 and 27, support is conditioned on the requirement for an agreement between the parties to the conflict concerned.



c.

Missing personnel: Articles 32, 33 and 34.



d. Persons who have taken part. in hostilities: Article 45, paragraphs 1, 2 and the second sentence of 3.



e.
Family reunification: Article 74.


f.
Women and children: Article 76, paragraphs 2 and 3, and 77, paragraphs 2, 3 and 4.



g.
Evacuation of children: Article 78, subject to the right of asylum and compliance with the United Nations


Protocol on Refugees.


h.
Journalists: Article 79.


i.
Executions: Article 81, 82 and 83.


The above lists are in the nature of an advisory opinion on our part. As with all such opinions, the actual



application of these provisions may vary depending on the concrete factual situation involved.



In addition to the undersigned, Lt Col Burrus M. Carnahan, USAF, and CDR John C. W. Bennett, JAGC, USN,



participated in preparation of this memo.

## More Authorities On The Customary International L**Aw In** Additional Protocols I **And** Ii



For more sources of customary international law and how it is embodied in Additional Protocols I and II, consult the following sources:



-
President Reagan's Message of Transmittal and Secretary of State George Shultz's Letter of Submittal of Additional Protocol II (recommending reservations and understandings for Additional Protocol II as well as
commenting on the reasons why Additional Protocol I will not be submitted to the U.S. Senate).



-
The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, 2 AM. U. J. INT'L L. & POL'Y 415 (1987)



-
Letter of John B. Bellinger, III, Department of State Legal Advisor, to William J. Haynes, Department of Defense General Counsel (16 January 2008) (arguing that the U.S. Government should recognize Article 75 of Additional Protocol I as an embodiment of customary international law).



-
W. Hays Parks, *Air War and the Law of War*, 32 A.F. L. REV 1 (1990) (discussing many problems with Additional Protocols I and II, especially Article 51 of AP I and the test for when a civilian loses protection from targeting as a result of taking a direct part. in hostilities).



For additional sources of customary international law, see the following



-
1 CUSTOMARY INTERNATIONAL HUMANITARIAN LAW (Jean-Marie Henckaerts & Louise Doswald-Beck eds., 2005) (reporting the International Committee of the Red Cross Study).



-
Letter from John B. Bellinger, III, Department of State Legal Advisor, and William J. Haynes, Department of Defense General Counsel, to Dr. Jakob Kellenberger, President of the ICRC (3 November 2006) (arguing that the U.S. Government does not accept all of the conclusions of the ICRC study as an attempt to compile a record of customary international humanitarian law (i.e., the "law of war" or "law of armed conflict") because of concerns regarding the study's methodology).



For a copy of these documents or information on how to obtain the ICRC study, contact the Documentary Supplement Editor using the contact information in the Preface to this book.

U. S.
Signed



Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non- International Armed Conflicts (Additional Protocol II)

## Protocol A**Dditional To The**

# Geneva C**Onventions Of** 12 August 1949, And R**Elating To**

# The Protection Of V**Ictims**

## Of Non-International A**Rmed** Conflicts (A**Dditional** Protocol Ii) 8 June 1977 Preamble

The High Contracting Parties,

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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 international instruments relating to 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 or the public conscience,

Have agreed on the following:

## Part I Scope Of This Protocol Article 1 Material Field Of Application



1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions or 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



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the territory 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 concerted military operations and to implement this Protocol.



2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.


## Article 2 Personal Field Of Application



1. This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter referred to as "adverse distinction") to all persons affected by an armed conflict as defined in Article 1.



2. At the end of the armed conflict, all the persons who have been deprived of their liberty or 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 Non-Intervention



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 re-establish law and order in the State or to defend the national unity and territorial integrity of the State.



2. Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, 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.


## Part Ii Humane Treatment Article 4 Fundamental Guarantees



1. All persons who do not take a direct part. or who have ceased to take part. in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances 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 following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:



(a) violence to the life, health and physical or



mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

(b) collective punishments;


(c) taking of hostages;


(d) acts of terrorism;



(e) outrages upon personal dignity, in particular


humiliating and degrading treatment, rape, enforced prostitution and any form or indecent assault;



(f) slavery and the slave trade in all their forms;

(g) pillage;



(h) threats to commit any or the foregoing acts.


3. Children shall be provided with the care and aid they require, and in particular:


(a) they shall receive an education, including



religious and moral education, in keeping with the wishes of their parents, or in the absence of parents, of those responsible for their care;


(b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated;


(c) 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;



(d) the special protection provided by this Article



to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part. 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 well-being.


## Article 5 Persons Whose Liberty Has Been Restricted



1. In addition to the provisions of Article 4 the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained;


(a) the wounded and the sick shall be treated in accordance with Article 7;



(b) the persons referred to in this paragraph shall,


to the same extent as the local civilian population, be provided 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;



(c) they shall be allowed to receive individual or collective relief;



(d) they shall be allowed to practise their religion



and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions;



(e) they shall, if made to work, have the benefit of



working conditions and 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 limits of their capabilities, respect the following provisions relating to such persons:



(a) except when men and women of a family are



accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women;



(b) they shall be allowed to send and receive


letters and cards, the number of which may be limited by competent authority if it deems necessary;



(c) 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 exposed to danger arising out of the armed conflict, if their evacuation can be carried out under adequate conditions of safety;


(d) they shall have the benefit of medical examinations;


(e) their physical or mental health and integrity



shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated 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.



3. 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.



4. If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding.


## Article 6 Penal Prosecutions



1. This Article applies to the prosecution and punishment of criminal offences related to the armed conflict.



2. 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 guarantees of independence and impartiality. In particular:


(a) the procedure shall provide for an accused to


be informed 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;


(b) no one shall be convicted of an offence except on the basis of individual penal responsibility;


(c) no one shall be held guilty of any criminal



offence on account 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;



(d) anyone charged with an offence is presumed innocent until proved guilty according to law;



(e) anyone charged with an offence shall have the right to be tried in his presence;



(f) no one shall be compelled to testify against himself or to confess guilt.



3. A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised.



4. The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children.



5. At the end of hostilities, the authorities in power shall endeavour to grant the broadest 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.



## Part Iii Wounded, Sick And Shipwrecked Article 7 Protection And Care



1. All the wounded, sick and shipwrecked, whether or not they have taken part. in the armed conflict, shall be respected and protected.



2. In all circumstances they shall be treated humanely and shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.


## Article 8 Search



Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, 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 protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.



2. In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds.


## Article 10 Part Iv 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.



2. Persons engaged in medical activities shall neither be compelled 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.



3. The professional obligations of persons engaged in medical activities regarding information which they may acquire concerning the wounded and sick under their care shall, subject to national law, be respected.



4. Subject to national law, no person engaged in medical activities 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.



2. 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 time-limit, and after such warning has remained unheeded.


## 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 transports. It shall be respected in all circumstances. It shall not be used improperly.



## 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.



2. 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.



3. Civilians shall enjoy the protection afforded by this part, unless and for such time as they take a direct part. in hostilities.


## Article 14 Protection Of Objects Indispensable To The Survival Of The Civilian Population



Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless for that purpose, objects indispensable to the survival of the civilian population such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works.


## Article 15 Protection Of Works And Installations Containing Dangerous Forces



Works or installations containing dangerous forces, namely dams, dykes and nuclear 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.



2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.


## Article 18 Relief Societies And Relief Actions



1. Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organizations may offer their services for the performance 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.



2. 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 population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.


## Part V Final Provisions Article 19 Dissemination



This Protocol shall be disseminated as widely as possible.



## Article 20 Signature



This Protocol shall be open for signature by the Parties to the Conventions six months after the 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 instruments 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 accession shall be deposited with the depositary.



## Article 23 Entry Into Force



1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.



2. For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.


## Article 24 Amendment



1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.



2. The depositary shall invite to that conference all the High Contracting Parties as well as the 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 Protocol, 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.



2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.



## 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;


(b) the date of entry into force of this Protocol under Article 23; and


(c) communications and declarations received under Article 24.


## Article 27 Registration



1. After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.



2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.



## Article 28 Authentic Texts



The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.



Treaty/Convention
U. S.
Signed



Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)

## Framework Of Such Activities May Be Used In The Protocol Additional To The Country Where The Activity Takes Place And In The Geneva Conventions Of 12 Country Or Countries Of Transit, August 1949, **And Relating To** The A**Doption Of An** Additional D**Istinctive** Emblem (A**Dditional** Protocol **Iii)**

The High Contracting Parties,



Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Protocol II), concerning the use of distinctive emblems,



Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal character,



Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable, the Protocols additional thereto,



Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the Protocols additional thereto derives from their protected status under international law and is not dependent on use of the distinctive emblems, signs or signals,


Stressing that the distinctive emblems are not intended to have any religious, ethnic, racial, regional or political significance,



Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto,



Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the indicative use of the distinctive emblems,


Recalling further that National Societies undertaking activities on the territory of another State must ensure that the emblems they intend to use within the



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Recognizing the difficulties that certain States and National Societies may have with the use of the existing distinctive emblems,


Noting the determination of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current names and emblems,



Have agreed on the following:

## Article 1 Respect For And Scope Of Application Of This Protocol



1. The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.



2. This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12 August 1949 ("the Geneva Conventions") and, where applicable, of their two Additional Protocols of 8 June 1977 ("the 1977 Additional Protocols") relating to the distinctive emblems, namely the red cross, the red crescent and the red lion and sun, and shall apply in the same situations as those referred to in these provisions.



## Article 2 Distinctive Emblems



1. This Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status.



2. This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground, shall conform to the illustration in the Annex to this Protocol. This distinctive emblem is referred to in this Protocol as the "third Protocol emblem".



3. The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols.



4. The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice to their current emblems, make temporary



use of any distinctive emblem referred to in paragraph Article 5


1 of this Article where this may enhance protection.

Missions under United Nations auspices

## Article 3 Indicative Use Of The Third Protocol Emblem



1. National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:


a.

a distinctive emblem recognized by the



Geneva Conventions or a combination of these emblems; or



b. another emblem which has been in effective



use by a High Contracting Party and was the subject of a communication to the other High Contracting Parties and the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol.



Incorporation shall conform to the illustration in the Annex to this Protocol.



2. A National Society which chooses to incorporate within the third Protocol emblem another emblem in accordance with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it within its national territory.



3. National Societies may, in accordance with national legislation and in exceptional circumstances and to facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol.


4. This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative purposes in accordance with paragraph 1 of this Article.


## Article 4 International Committee Of The Red Cross And International Federation Of Red Cross And Red Crescent Societies



The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their work, the distinctive emblem referred to in Article 2 of this Protocol.



The medical services and religious personnel participating in operations under the auspices of the United Nations may, with the agreement of participating States, use one of the distinctive emblems mentioned in Articles 1 and 2.



## Article 6 Prevention And Repression Of Misuse



1. The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing prevention and repression of misuse of the distinctive emblems shall apply equally to the third Protocol emblem. In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of any sign or designation constituting an imitation thereof.



2. Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that the said use shall not be such as would appear, in time of armed conflict, to confer the protection of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption of this Protocol.



## Article 7 Dissemination



The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate 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 this instrument may become known to the armed forces and to the civilian population.



## Article 8 Signature



This Protocol shall be open for signature by the Parties to the Geneva Conventions on the day of its adoption and will remain open for a period of twelve months.



## Article 9 Ratification



This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the 1977 Additional Protocols.


## Article 10 Accession



This Protocol shall be open for accession by any Party to the Geneva Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.


## Article 11 Entry Into Force



1. This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.



2. For each Party to the Geneva Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.


## Article 12 Treaty Relations Upon Entry Into Force Of This Protocol

1. When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.



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.


## Article 13 Amendment



1. Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, whether a conference should be convened to consider the proposed amendment.



2. The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to



the Geneva Conventions, whether or not they are signatories of this Protocol.


## Article 14 Denunciation



1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in a situation of armed conflict or occupation, the denunciation shall not take effect before the end of the armed conflict or occupation.



2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.



3. The denunciation shall have effect only in respect of the denouncing Party.



4. Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective.


## Article 15 Notifications



The depositary shall inform the High Contracting Parties as well as the Parties to the Geneva 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 8, 9 and 10;



b. the date of entry into force of this Protocol


under Article 11 within ten days of said entry into force;



c.
communications received under Article 13;


d. denunciations under Article 14.

## Article 16 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.



2. The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.



## Article 17 Article 2 - Indicative Use Of The Third Authentic Texts Protocol Emblem



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 Geneva Conventions.



## Annex Third Protocol Emblem (Article 2, Paragraph 2 And Article 3, Paragraph 1 Of The Protocol)


Article 1 - Distinctive emblem

# Fm 27-10 Department Of The Army Field Manual

## The Law


## Of



## Land Warfare



# Department Of The Army - July 1956


## The Law Of Land Warfare



FM 27-10, 18 July 1956, is changed as follows: Page 5. Paragraph 5 a (13) is added:

(13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating,
Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17
June 1925 *(T. I.A .S.* ), cited herein as Geneva Protocol of 1925.


Page 18. Paragraph 37 b is superseded as follows:


b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38.



Page 18. Paragraph 38 is superseded as follows:

## 38. Chemical And Bacteriological Warfare

a. *Treaty Provision.* Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous



liquids, materials or devices, has been justly condemned by the general opinion of the civilized world; and


Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are



Parties; and


To the end that this prohibition shall be universally accepted as a part. of International Law, binding alike the



conscience and the practice of nations:


* * * the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this



prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare and agree to be bound as between themselves according to the terms of this declaration. (Geneva Protocol of 1925.)



b. United States Reservation to the Geneva Protocol of 1925. The said Protocol shall cease to be binding on the



government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy State if such State or any of its allies fails to respect the prohibitions laid down in the Protocol.



c.

Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents. The United States



renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within US bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:



(1) Use of riot control agents in riot control situations in areas under direct and distinct US military control, to


include controlling rioting prisoners of war.



(2) Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian



casualties can be reduced or avoided.



(3) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers,



and escaping prisoners.



(4) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from



civil disturbances, terrorists and paramilitary organizations.



* * * * *

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the



Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:


SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces



of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.



SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that



the national policy herein announced shall be observed by the Armed Forces of the United States. (Exec. Order No.

11850, 40 Fed. Reg. 16187 (1975).)


d. Discussion. Although the language of the 1925 Geneva Protocol appears to ban unqualifiedly the use in war of



the chemical weapons within the scope of its prohibition, reservations submitted by most of the Parties to the Protocol, including the United States, have, in effect, rendered the Protocol a prohibition only of the first use in war of materials within its scope. Therefore, the United States, like many other Parties, has reserved the right to use chemical weapons against a state if that state or any of its allies fails to respect the prohibitions of the Protocol.



The reservation of the United States does not, however, reserve the right to retaliate with bacteriological methods of



warfare against a state if that state or any of its allies fails to respect the prohibitions of the Protocol. The prohibition concerning bacteriological methods of warfare which the United States has accepted under the Protocol, therefore, proscribes not only the initial but also any retaliatory use of bacteriological methods of warfare. In this connection, the United States considers bacteriological methods of warfare to include not only biological weapons but also toxins, which, although not living organisms and therefore susceptible of being characterized as chemical agents, are generally produced from biological agents. All toxins, however, regardless of the manner of production, are regarded by the United States as bacteriological methods of warfare within the meaning of the proscription of the Geneva Protocol of 1925.


Concerning chemical weapons, the United States considers the Geneva Protocol of 1925 as applying to both lethal



and incapacitating chemical agents. Incapacitating agents are those producing symptoms that persist for hours or even days after exposure to the agent has terminated. It is the position of the United States that the Geneva Protocol of 1925 does not prohibit the use in war of either chemical herbicides or riot control agents, which are those agents of a type widely used by governments for law enforcement purposes because they produce, in all but the most unusual circumstances, merely transient effects that disappear within minutes after exposure to the agent has terminated. In this connection, however, the United States has unilaterally renounced, as a matter of national policy, certain uses in war of chemical herbicides and riot control agents *(see Exec. Order No. 11850 above).* The policy and provisions of Executive Order No. 11850 do not, however, prohibit or restrict the use of chemical herbicides or riot control agents by US armed forces either (1) as retaliation in kind during armed conflict or (2) in situations when the United States is not engaged in armed conflict. Any use in armed conflict of herbicides or riot control agents, however, requires Presidential approval in advance.


The use in war of smoke and incendiary materials is not prohibited or restricted by the Geneva Protocol of 1925.



## Page 19. Paragraphs 39, 40, And 41 Are Superseded As Follows: 39. Bombardment Of Undefended Places Forbidden

a. *Treaty Provision.* The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings


which are undefended is prohibited. (HR, art. 25.)



b. Interpretation. An undefended place, within the meaning of Article 25, HR, is any inhabited place near or in a



zone where opposing armed forces are in contact which is open for occupation by an adverse party without resistance. In order to be considered as undefended, the following conditions should be fulfilled:



(1) Armed forces and all other combatants, as well as mobile weapons and mobile military equipment, must have been evacuated, or otherwise neutralized;


(2) no hostile use shall be made of fixed military installations or establishments;


(3) no acts of warfare shall be committed by the authorities or by the population; and,


(4) no activities in support of military operations shall be undertaken.

The presence, in the place, of medical units, wounded and sick, and police forces retained for the sole purpose of



maintaining law and order does not change the character of such an undefended place.


## 40. Permissible Objects Of Attack Or Bombardment

a. *Attacks* Against *the Civilian Population as Such Prohibited.* Customary international law prohibits the


launching of attacks (including bombardment) against either the civilian population as such or individual civilians as such.

b. Defended Places. Defended places, which are outside the scope of the proscription of Article 25, HR, are


permissible objects of attack (including bombardment). In this context, defended places include


(1) A fort or fortified place.



(2) A place that is occupied by a combatant military force or through which such a force is passing. The



occupation of a place by medical units alone, however, is not sufficient to render it a permissible object of attack.



(3) A city or town surrounded by detached defense positions, if under the circumstances the city or town can be



considered jointly with such defense positions as an indivisible whole.



c.

Military Objectives. Military objectives *i.e.,* combatants, and 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 circumstances ruling at the time, offers a definite military advantageare permissible objects of attack (including bombardment). Military objectives include, for example, factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places that are for the accommodation of troops or the support of military operations. Pursuant to the provisions of Article 25, HR, however, cities, towns, villages, dwellings, or buildings which may be classified as military objectives, but which are undefended (para. 39 *b),* are not permissible objects of attack.


## 41. Unnecessary Killing And Devastation

Particularly in the circumstances referred to in the preceding paragraph, loss of life and damage to property



incidental to attacks must not be excessive in relation to the concrete and direct military advantage expected to be gained. Those who plan or decide upon an attack, therefore, must take all reasonable steps to ensure not only that the objectives are identified as military objectives or defended places within the meaning of the preceding paragraph but also that these objectives may be attacked without probable losses in lives and damage to property disproportionate to the military advantage anticipated. Moreover, once a fort or defended locality has surrendered, only such further damage is permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of military buildings, and destruction of military stores *(HR, art. 23, par. (g); GC, art. 53).* By Order of the Secretary of the Army:


FRED C. WEYAND
General, United States Army Official: Chief of Staff


PAUL T. SMITH Major General, United States Army The Adjutant General


Distribution: Active Army, ARNG, USAR: To be distributed in accordance with DA Form 1211B, requirements for the Law of Land Warfare.

## Foreword

A list of the treaties relating to the conduct of land warfare which have been ratified by the United States, with the



abbreviated titles used in this Manual, is set forth on page iii. The official English texts or a translation of the principal treaty provisions are quoted *verbatim* in bold type in the relevant paragraphs throughout the Manual. It should be noted, however, that the official text of the Hague Conventions of 18 October 1907 is the French text which must be accepted as controlling in the event of a dispute as to the meaning of any provision of these particular conventions. (See TM 27 251.)

The 1949 Geneva Conventions for the Protection of War Victims have been ratified by the United States and came



into force for this country on 2 February 1956. The effect of these four conventions upon previous treaties to which the United States is a party is discussed in detail in paragraph 5 of the text. Each of the Hague Conventions of 1899 and 1907 and each of the Geneva Conventions of 1864, 1906, and 1929 will, of course, continue in force as between the United States and such of the other parties to the respective conventions as have not yet ratified or adhered to the later, superseding convention(s) governing the same subject matter. Moreover, even though States may not be parties to, or strictly bound by, the 1907 Hague Conventions and the 1929 Geneva Convention relative to the Treatment of Prisoners of War, the general principles of these conventions have been held declaratory of the customary law of war to which all States are subject. For this reason, the United States has adopted the policy of observing and enforcing the terms of these conventions in so far as they have not been superseded by the 1949 Geneva Conventions which necessarily govern the relations between the parties to the latter (see paras. 6 and 7 of the text).



The essential provisions of each of the earlier conventions mentioned above have been substantially incorporated



into the more recent and more comprehensive conventions on the same subject matter, so that observance of the latter will usually include observance of the former. For this reason, only the more recent 1949 Geneva Conventions and the relevant provisions of the 1907 Hague Conventions are quoted in this Manual. Pertinent information concerning the current status of ratifications, adherences, reservations, and denunciations (withdrawals) will be transmitted by higher authority to commanders in the field, as occasions, arise, thus rendering unnecessary the inclusion of such data in this Manual, and avoiding the frequent changes that such inclusion would entail. Whenever possible, this Manual should be used in conjunction with TM 27-251, *Treaties Governing Land Warfare.* FM 27-5, Civil Affairs/Military Government, which deals with military government policy and administration, should be consulted in connection with chapter 6 of the present Manual.


## Abbreviations

|                                                             |                                                                                     |     |     |     |
|-------------------------------------------------------------|-------------------------------------------------------------------------------------|-----|-----|-----|
| GWS                                                         |                                                                                     |     |     |     |
|                                                             | Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in  |     |     |     |
| Armed Forces in the Field, 12 August 1949.                  |                                                                                     |     |     |     |
|                                                             |                                                                                     |     |     |     |
| GWS Sea                                                     |                                                                                     |     |     |     |
|                                                             | Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and    |     |     |     |
| Shipwrecked Members of Armed Forces at Sea, 12 August 1949. |                                                                                     |     |     |     |
| GPW                                                         |                                                                                     |     |     |     |
|                                                             | Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949.    |     |     |     |
|                                                             |                                                                                     |     |     |     |
| GC                                                          |                                                                                     |     |     |     |
|                                                             | Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 |     |     |     |
| August 1949.                                                |                                                                                     |     |     |     |
| GPW 1929                                                    |                                                                                     |     |     |     |
|                                                             | Geneva Convention Relative to the Treatment of Prisoners of War, 27 July 1929. +    |     |     |     |
|                                                             |                                                                                     |     |     |     |
| GWS 1929                                                    |                                                                                     |     |     |     |
|                                                             | Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of  |     |     |     |
| Armies in the Field, 27 July 1929.                          |                                                                                     |     |     |     |
| H. III                                                      |                                                                                     |     |     |     |
|                                                             | Hague Convention No. III Relative to the Opening of Hostilities, 18 October 1907.   |     |     |     |
|                                                             |                                                                                     |     |     |     |
|                                                             |                                                                                     |     |     |     |
|                                                             |                                                                                     |     |     |     |
|                                                             |                                                                                     |     |     |     |
| H. IV                                                       |                                                                                     |     |     |     |
|                                                             | Hague Convention No. IV Respecting the Laws and Customs of War on Land, 18 October  |     |     |     |
| 1907.                                                       |                                                                                     |     |     |     |



|                                                 |                                                                              |
|-------------------------------------------------|------------------------------------------------------------------------------|
| HR                                              |                                                                              |
|                                                 | Annex to Hague Convention No. IV, 18 October 1907, embodying the Regulations |
| Respecting the Laws and Customs of War on Land. |                                                                              |



H. V
Hague Convention No. V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, 18 October 1907.



H. IX
Hague Convention No. IX concerning Bombardment by Naval Forces in Time of War, 18 October 1907.


H. X
Hague Convention No. X for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention, 18 October 1907.

Roerich Pact  Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments, 15


April 1935.

UCMJ
Uniform Code of Military Justice (64 Stat. 108; 50 U.S. C. 551-736).

## The Law Of Land Warfare



Paragraphs
CHAPTER 1.
BASIC RULES AND PRINCIPLES



Section I.
General
1-14


II.
Protecting Powers
15-19


CHAPTER 2.
HOSTILITIES


Section I.
Commencement of hostilities
20-27


II.
Forbidden conduct with respect to persons--
28-32


III.
Forbidden means of waging warfare
33-38


IV.
Bombardments, assaults, and sieges
39-47


V.
Stratagems
48-55


VI.
Treatment of property during combat
56-59


CHAPTER 3.
PRISONERS OF WAR


Section I.
Persons entitled to be treated as prisoners of war; retained medical personnel
60-71


II.
Persons not entitled to be treated as prisoners of war
72-83


III.
General protection of prisoners of war
84-92


IV.
Beginning of captivity
93-96


V.
Internment of prisoners generally
97-100


VI.
Quarters, food, and clothing
101-105


VII.
Hygiene and medical attention
106-109


VIII.
Religious, intellectual, and physical activities-
110-114


IX.
Discipline
115-118


X.
Rank of prisoners of war
119-121


XI.
Transfer of prisoners of war
122-124


XII.
Labor of prisoners of war
125-133


XIII.
Financial resources of prisoners of war
134-144


XIV.
Relations of prisoners of war with the exterior
145-153


XV.
Relations of prisoners of war and the authorities
154-157


XVI.
Penal and disciplinary sanctions
158-184


XVII.
Termination of captivity
185-202


XVIII.
Information bureaus and relief societies for prisoners of war
203-207


CHAPTER 4.
THE WOUNDED AND SICK


Section I.
General provisions
208-214


II.
Wounded and sick
215-219


III.
Medical units, establishments, personnel and transfers
220-237


IV.
The Red Cross emblem
238-245


CHAPTER 5.
CIVILIAN PERSONS


Section I.
General provisions
246-251


II.
General protection of populations against certain
|                                      |                                              |                                                            |     | consequences of war   |                                                    | 252-265                                                   |                                              |
|--------------------------------------|----------------------------------------------|------------------------------------------------------------|-----|-----------------------|----------------------------------------------------|-----------------------------------------------------------|----------------------------------------------|
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| III.                                 |                                              | Provisions common to the territories of the parties to the |     |                       |                                                    |                                                           |                                              |
| conflict and to occupied territories | 266-273                                      |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    | IV.                                                       |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | VI.                   |                                                    | Information bureaus, central agency, and relief societies | 343-350                                      |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            | C   |                       |                                                    |                                                           |                                              |
| HAPTER                               |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| 6.                                   | OCCUPATION                                   |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | Section I.            | General                                            | 351-361                                                   |                                              |
|                                      |                                              |                                                            |     | II.                   | Administration of occupied territory               |                                                           | 362-378                                      |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           | III.                                         |
|                                      |                                              |                                                            |     | IV.                   |                                                    | Relief                                                    | 388-392                                      |
|                                      |                                              |                                                            |     | V.                    | Treatment of enemy property                        |                                                           | 393-417                                      |
|                                      |                                              |                                                            |     |                       | VI.                                                |                                                           | Services of inhabitants and of officials     |
|                                      |                                              |                                                            |     | VII.                  | Public finance                                     |                                                           | 425-431                                      |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           | VIII.                                        |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            | C   |                       |                                                    |                                                           |                                              |
| HAPTER                               |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| 7.                                   | NONHOSTILE RELATIONS OF BELLIGERENTS         |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | Section I.            | General                                            | 449-453                                                   |                                              |
|                                      |                                              |                                                            |     | II.                   | Military passports, safe-conducts, and safe-guards |                                                           | 454-457                                      |
|                                      |                                              |                                                            |     | III.                  |                                                    | Parlementaires                                            | 458-468                                      |
|                                      |                                              |                                                            |     | IV.                   |                                                    | Cartels                                                   | 469                                          |
|                                      |                                              |                                                            |     | V.                    | Capitulations                                      |                                                           | 470-478                                      |
|                                      |                                              |                                                            |     | VI.                   |                                                    | Armistices                                                | 479-494                                      |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| C                                    |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| HAPTER                               |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| 8.                                   | REMEDIES FOR VIOLATION OF INTERNATIONAL LAW; |                                                            |     |                       |                                                    |                                                           |                                              |
| WAR CRIMES                           |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | Section I.            | Remedies and reprisals                             | 495-497                                                   |                                              |
|                                      |                                              |                                                            |     |                       | II.                                                | Crimes under International law                            |                                              |
|                                      |                                              |                                                            |     | III.                  |                                                    | Punishment of war crimes                                  | 503-508                                      |
|                                      |                                              |                                                            |     | IV.                   |                                                    | Defenses not available                                    | 509.-511                                     |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            | C   |                       |                                                    |                                                           |                                              |
| HAPTER                               |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| 9.                                   | NEUTRALITY                                   |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | Section I.            | General                                            | 512-521                                                   |                                              |
|                                      |                                              |                                                            |     |                       | II.                                                | Recruiting in neutral territory                           |                                              |
|                                      |                                              |                                                            |     |                       | III.                                               |                                                           | Supplies and services from neutral territory |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| IV.                                  |                                              | Internment of belligerent forces and tending of wounded    |     |                       |                                                    |                                                           |                                              |
| and sick in neutral territory,-      | 532-546                                      |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     | V.                    | Neutral persons                                    |                                                           | 547-551                                      |
|                                      |                                              |                                                            |     | VI.                   |                                                    | Railway material                                          | 552                                          |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| A                                    |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| PPENDIX                              |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| :                                    |                                              | INDEX OF ARTICLES OF THE 1949 GENEVA CONVENTIONS           |     |                       |                                                    |                                                           |                                              |
| AND THE 1907 HAGUE CONVENTIONS       |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
| Index                                |                                              |                                                            |     |                       |                                                    |                                                           |                                              |
|                                      |                                              |                                                            |     |                       |                                                    |                                                           |                                              |

## Chapter 1 Basic Rules And Principles Section I. General 1. Purpose And Scope

The purpose of this Manual is to provide authoritative guidance to military personnel on the customary and treaty



law applicable to the conduct of warfare on land and to relationships between belligerents and neutral States. Although certain of the legal principles set forth herein have application to warfare at sea and in the air as well as to hostilities on land, this Manual otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of land forces.



This Manual is an official publication of the United States Army. However, those provisions of the Manual which



are neither statutes nor the text of treaties to which the United States is a party should not be considered binding upon courts and tribunals applying the law of war. However, such provisions are of evidentiary value insofar as they bear upon questions of custom and practice.


## 2.  Purposes Of The Law Of War

The conduct of armed hostilities on land is regulated by the law of land warfare which is both written and



unwritten. It is inspired by the desire to diminish the evils of war by:



a.  Protecting both combatants and noncombatants from unnecessary suffering; b. Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly


prisoners of war, the wounded and sick, and civilians; and


c.  Facilitating the restoration of peace.

## 3.  Basic Principles

a. Prohibitory Effect. The law of war places limits on the exercise of a belligerent's power in the interests



mentioned in paragraph 2 and requires that belligerents refrain from employing any kind or degree of violence which is not actually necessary for military purposes and that they conduct hostilities with regard for the principles of humanity and chivalry.



The prohibitory effect of the law of war is not minimized by "military necessity" which has been defined as that



principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. Military necessity has been generally rejected as a defense for acts forbidden by the customary and conventional laws of war inasmuch as the latter have been developed and framed with consideration for the concept of military necessity.



b. Binding on States and Individuals. The law of war is binding not only upon States as such but also upon



individuals and, in particular, the members of their armed forces.



## 4.  Sources



The law of war is derived from two principal sources: a.  *Lawmaking Treaties (or Conventions),* such as the Hague and Geneva Conventions. b. Custom. Although some of the law of war has not been incorporated in any treaty or convention to which the



United States is a party, this body of unwritten or customary law is firmly established by the custom of nations and well defined by recognized authorities on international law.



Lawmaking treaties may be compared with legislative enactments in the national law of the United States and the


customary law of war with the unwritten Anglo-American common law.


## 5.  Lawmaking Treaties

a. Treaties to Which the United States Is a Party. The United States is a party to the following conventions



pertinent to warfare on land:


(1)  Hague Convention No. III of 18 October 1907, Relative to the Opening of Hostilities (36 Stat 2259,


Treaty Series 598), cited herein as H. III.


(2)  Hague Convention No. IV of 18 October 1907, Respecting the Laws and Customs of War on Land


(*36 Stat. 2277; Treaty Series 539*), cited herein as H. IV, and the Annex thereto, embodying the


Regulations Respecting the Laws and Customs of War on Land (36 Stat.1 *2295; Treaty Series 539*), cited herein as HR.


(3)  Hague Convention No. V of 18 October 1907, Respecting the Rights and Duties of Neutral Powers



and Persons in Case of War on Land *(36 Stat. 2310; Treaty Series 540),* cited herein as H. V.


(4)  Hague Convention No. IX of 18 October 1907, Concerning Bombardment by Naval Forces in Time


of War *(36 Stat. 2351; Treaty Series 542),* cited herein as H. IX.


(5)  Hague Convention No. X of 18 October 1907, for the Adaptation to Maritime Warfare of the



Principles of the Geneva Convention *(36 Stat. 2371; Treaty Series No. 543),* cited herein as H. X.


(6)  Geneva Convention Relative to the Treatment of Prisoners of War of 27 July 1929 (47 Stat. 2021;


Treaty Series 846), cited herein as GPW 1929.


(7)  Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the


Field of 27 July 1929 (*47 Stat. 2074; Treaty Series 847*), cited herein as *GWS* 1929.


(8)  Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments of 15 April


1935 *(49 Stat. 3267; Treaty Series 899),* cited herein as the *Roerich Pact.* Only the United States and a number of the American Republics are parties to this treaty.


(9) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces



in the Field of 12 August 1949 (T. I. A. S.2*3362),* cited herein as GWS.
(10) Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked


Members of Armed Forces at Sea of 12 August 1949 *(T. I. A. S. 3363),* cited herein as *GWS Sea*.



(11) Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949 (T. I. A. S.



3364), cited herein as GPW.


(12) Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949


(T. I. A. S. 3365), cited herein as GC.



b. Effect of the Geneva Convention of 1949. GWS replaces the previous Geneva Wounded and Sick Conventions



of 22 August 1864, 6 July 1906, and 27 July 1929 in relations between parties to GWS (see GWS, art. 59). GWS Sea replaces Hague Convention No. X of 18 October 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906 in relations between parties to *GWS Sea (see GWS Sea, art. 58). GPW* replaces GPW 1929 in relations between parties to *GPW (see GPW, art. 134)* ; in relations between parties to *H. IV* and the corresponding convention of 1899 and which are also parties to *GPW,* it is complementary to Chapter II of the HR (see GPW, art. 135). GC, in relations between parties to *H. IV* and the corresponding convention of 1899, is supplementary to Sections II and III of the HR (see GC, art. 154).


## 6.  Custom



Evidence of the customary law of war, arising from the general consent of States, may be found in judicial



decisions, the writings of jurists, diplomatic correspondence, and other documentary material concerning the practice of States. Even though individual States may not be parties to or otherwise strictly bound by *H. IV* and *GPW 1929,* the former convention and the general principles of the latter have been held to be declaratory of the customary law of war, to which all States are subject.



The Preamble to the HR specifically provides:
Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it



expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.


Similarly, a common article of the Geneva Conventions of 1949 (GWS, art. 63; GWS Sea, art. 62; GPW, art. 142;



GC, art. 158) provides that the denunciation of (withdrawal from) any of the Geneva Conventions of 1949, * * * shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.


## 7.  Force Of The Law Of War

a. Technical Force of Treaties and Position of the United States. Technically, each of the lawmaking treaties



regarding the conduct of warfare is, to the extent established by its terms, binding only between the States that have ratified or acceded to, and have not thereafter denounced (withdrawn from), the treaty or convention and is binding only



to the extent permitted by the reservations, if any, that have accompanied such ratification or accession on either side. The treaty provisions quoted in this manual in bold-face type are contained in treaties which have been ratified without reservation, except as otherwise noted, by the United States.



These treaty provisions are in large part. but formal and specific applications of general principles of the unwritten



law. While solemnly obligatory only as between the parties thereto, they may be said also to represent modern international public opinion as to how belligerents and neutrals should conduct themselves in the particulars indicated.



For these reasons, the treaty provisions quoted herein will be strictly observed and enforced by United States forces



without regard to whether they are legally binding upon this country. Military commanders will be instructed which, if any, of the written rules herein quoted are not legally binding as between the United States and each of the States immediately concerned, and which, if any, for that reason are not for the time being to be observed or enforced.



b. Force of Treaties Under the Constitution. Under the Constitution of the United States, treaties constitute part.



of the "supreme Law of the Land" (art. VI, clause 2). In consequence, treaties relating to the law of war have a force equal to that of laws enacted by the Congress. Their provisions must be observed by both military and civilian personnel with the same strict regard for both the letter and spirit of the law which is required with respect to the Constitution and statutes enacted in pursuance thereof.



c.

Force of Customary Law. The unwritten or customary law of war is binding upon all nations. It will be strictly



observed by United States forces, subject only to such exceptions as shall have been directed by competent authority by way of legitimate reprisals for illegal conduct of the enemy (see par. 497). The customary law of war is part. of the law of the United States and, insofar as it is not inconsistent with any treaty to which this country is a party or with a controlling executive or legislative act, is binding upon the United States, citizens of the United States, and other persons serving this country.


## 8. Situations To Which Law Of War Applicable

a. Types of Hostilities. War may be defined as a legal condition of armed hostility between States. While it is



usually accompanied by the commission of acts of violence, a state of war may exist prior to or subsequent to the use of force. The outbreak of war is usually accompanied by a declaration of war (see par. 20).



Instances of armed conflict without declaration of war may include, but are not necessarily limited to, the exercise



of armed force pursuant to a recommendation, decision, or call by the United Nations, in the exercise of the inherent right of individual or collective self-defense against armed attack, or in the performance of enforcement measures through a regional arrangement, or otherwise, in conformity with appropriate provisions of the United Nations Charter.



b. Customary Law. The customary law of war applies to all cases of declared war or any other armed conflict



which may arise between the United States and other nations, even if the state of war is not recognized by one of them. The customary law is also applicable to all cases of occupation of foreign territory by the exercise of armed force, even if the occupation meets with no armed resistance.



c.

Treaties. Treaties governing land warfare are applicable to various forms of war and armed conflict as



provided by their terms. The Hague Conventions apply to "war." Common Article 2 of the Geneva Conventions of 1949 states:
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to


all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.



The Convention shall also apply to all cases of partial or total occupation of the territory of a High



Contracting Party, even if the said occupation meets with no armed resistance.



Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are



parties thereto shall remain bound by it in their mutual relations. They shall further-more be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. (GWS, GWS Sea, GPW, GC, art. 2.)


d. Special Case of Civil Wars. See paragraph 11.



## 9. Applicability Of Law Of Land Warfare In Absence Of A Declaration Of War

As the customary law of war applies to cases of international armed conflict and to the forcible occupation of



enemy territory generally as well as to declared war in its strict sense, a declaration of war is not an essential condition of the application of this body of law. Similarly, treaties relating to "war" may become operative notwithstanding the absence of a formal declaration of war.



## 10. When Law Of Land Warfare Ceases To Be Applicable



The law of land warfare generally ceases to be applicable upon: a. The termination of a war by agreement, normally in the form of a treaty of peace; or



b. The termination of a war by unilateral declaration of one of the parties, provided the other party does not



continue hostilities or other-wise decline to recognize the act of its enemy; or



c.

The complete subjugation of an enemy State and its allies, if prior to a or b; or



d. The termination of a declared war or armed conflict by simple cessation of hostilities. However, certain



designated provisions of the Geneva Conventions of 1949 (see *GC, art. 6;* par 249 herein) continue to be operative, notwithstanding the termination of any antecedent hostilities, during the continuance of a military occupation. Insofar as the unwritten law of war and the Hague Regulations extend certain fundamental safeguards to the persons and property of the populations of occupied territory, their protection continues until the termination of any occupation having its origin in the military supremacy of the occupant, notwithstanding the fact the Geneva Convention relative to the Protection of Civilian Persons may have ceased to be applicable.



## 11. Civil War

a. Customary Law. The customary law of war becomes applicable to civil war upon recognition of the rebels as



belligerents.



b. Geneva Conventions of 1949.

In the case of armed conflict not of an international character occurring in the territory of one of the High


Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:



(1) Persons taking no active part. in the hostilities, including members of armed forces who have laid


down their arms and those placed *hors de combat* by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:


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

(b) taking of hostages;

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment



pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.



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

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its


services to the Parties to the conflict.



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


or part. of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. (GWS, GPW, GWS, Sea, GC, art. 3.)

## 12. Military Government And Martial Law Distinguished

In the practice of the United States, military government is the form of administration which may be established



and maintained for the government of areas of the following types that have been subjected to military occupation:



a. Enemy territory. b. Allied territory recovered from enemy occupation, when that territory has not been made the subject of a civil



affairs agreement (see par. 354).



c.

Other territory liberated from the enemy, such as neutral territory and areas unlawfully incorporated by the


enemy into its own territory, when that territory has not been made the subject of a civil affairs agreement.



d. Domestic territory recovered from rebels treated as belligerents. Although military government is an accepted concept in the law of the United States, the limits placed upon its



exercise are prescribed by the international law of belligerent occupation. Other countries exercise jurisdiction in occupied areas through types of administration analogous to military government even though they may be designated by other names.



In the United States, martial law is the temporary government of the civil population of domestic territory through



the military forces, without the authority of written law, as necessity may require. The most prominent distinction between military government, as that term is used herein, and martial law is that the former is generally exercised in the territory of, or territory formerly occupied by, a hostile belligerent and is subject to restraints imposed by the inter national law of belligerent occupation, while the latter is invoked only in domestic territory, the local government and inhabitants of which are not treated or recognized as belligerents, and is governed solely by the domestic law of the United States.



So far as the United States forces are concerned, military government and martial law are exercised by the military


commander under the direction of the President, as Commander in Chief of the Armed Forces.



## 13. Military Jurisdiction

Military jurisdiction is of two kinds: first, that which is conferred by that branch of a country's municipal law



which regulates its military establishment; second, that which is derived from international law, including the law of war. In the Army of the United States, military jurisdiction is exercised through the following military tribunals:



a. Courts-martial. b. Military commissions.
c.
Provost courts.


d. Other military tribunals. While general courts-martial have concurrent jurisdiction with military commissions, provost courts, and other



types of military tribunals to try any offender who by the law of war is subject to trial by military tribunals (UCMJ, art. 18), it has generally been held that military commissions and similar tribunals have no jurisdiction of such purely military offenses specified in the Uniform Code of Military Justice as are expressly made punishable by sentence of court-martial (except where the military commission is also given express statutory authority over the offense (UCMJ, arts. 104, 106)). In practice, offenders who are not subject to the Uniform Code of Military Justice but who by the law of war are subject to trial by military tribunals, are tried by military commissions, provost courts, or other forms of military tribunals.


In areas occupied by United States forces, military jurisdiction over individuals, other than members of the Armed



Forces, who are charged with violating legislation or orders of the occupant is usually exercised by military government courts. Although sometimes designated by other names, these tribunals are actually military commissions. They sit in and for the occupied area and thus exercise their jurisdiction on a territorial basis.



## 14. Dissemination Of The 1949 Geneva Conventions



a. Wounded and Sick Convention; Wounded and Sick at Sea Convention.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the



present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. (GWS, art. 47, GWS Sea, art. 48.)



b. Prisoners of War Convention.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the



present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to 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. (GPW, art. 127.)


c.

Civilians Convention.



The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the



present Convention as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population. Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of-protected persons, must possess the text of the Convention and be specially instructed as to its provisions. (GC, art. 144.)

## Section Ii. Protecting Powers 15. Protecting Powers

The Geneva Conventions of 1949 contain certain common provisions regarding the safeguarding of the interests of



the belligerents by nations designated as "Protecting Powers." These provisions are set forth in the following paragraphs.



## 16. Functions Of Protecting Powers



a. Treaty Provision.
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting


Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting



Powers may appoint, apart. from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.



The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or


delegates of the Protecting Powers.



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


the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. (GWS, art. 8; GWS Sea, art. 8; GPW, art. 8; GC, art. 9.)



b. Article 8, *GWS* and *GWS Sea,* contains the following additional provision:
Their activities shall only be restricted as an exceptional and temporary measure when this is rendered



necessary by imperative military necessities.



Except as specifically provided otherwise by *GPW* and *GC,* the activities of representatives or delegates of the


Protecting Powers under these conventions may not be restricted even in case of imperative military necessity.



## 17. Activities Of The International Committee Of The Red Cross

The provisions of the present Convention [s] constitute no obstacle to the humanitarian activities which the


International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of [persons protected by the convention] and for their relief. (GWS art. 9; GWS Sea, art. 9; GPW, art. 9; GC, art. 10.)

## 18. Substitutes For Protecting Powers

The High Contracting Parties may at any time agree to entrust to an organization which offers all


guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.


When * * * [persons protected by the convention] do not benefit or cease to benefit, no matter for what



reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such, an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.



If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to



the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.



Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes,



shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.



No derogation from the preceding provisions shall be made by special agreements between Powers one of



which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.


Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to



substitute organizations in the sense of the present Article. (GWS, art. 10; GWS Sea, art. 10; GPW, art. 10; GC, art. 11.)

## 19. Conciliation Procedure

In cases where they deem it advisable in the interest of protected persons, particularly in cases of



disagreement between 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 * * * [persons protected by the convention] 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. (GWS, art. 11; GWS Sea, art. 11; GPW, art. 11; GC, art. 12.)

## Chapter 2 Hostilities Section I. Commencement Of Hostilities 20. Declaration Of War Required



a. Treaty Provision.

The Contracting Powers recognize that hostilities between themselves must not commence without previous



and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. (H. III, art. 1.)


b. Surprise Still Possible. Nothing in the foregoing rule requires that any particular length of time shall elapse


between a declaration of war and the commencement of hostilities.



## 21. Notification To Neutrals

The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect



in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war. (H. III, art. 2.)



## 22. When Articles Of Hague Convention No. Iii Effective Between Parties

Article I of the present Convention shall take effect in case of war between two or more of the Contracting



Powers.


Article II is binding as between a belligerent Power which is a party to the Convention and neutral Powers



which are also parties to the Convention. (H. III, art. 3.)

## 23. Present Effect Of Foregoing Rules

The Charter of the United Nations makes illegal the threat or use of force contrary to the purpose of the United



Nations. It requires members of the organization to bring about by peaceful means adjustment or settlement of international disputes or situations which might lead to a breach of the peace. However, a nonmember nation or a member nation which violates these provisions of the Charter commits a further breach of international law by commencing hostilities without a declaration of war or a conditional ultimatum as required by the foregoing articles of Hague Convention No. III. Conversely, a State which resorts to war in violation of the Charter will not render its acts of aggression or breach of the peace any the less unlawful by formally declaring war.


## 24. Constitutional Provision

Article 1, section 8, clause 11, of the United States Constitution provides that "The Congress shall have power * * *



to declare War." The law of war may, however, be applicable to an international conflict, notwithstanding the absence of a declaration by the Congress. (See paras. 8 and 9, concerning the situations to which the law of war has application.)


## 25. Enemy Status Of Civilians

Under the law of the United States, one of the consequences of the existence of a condition of war between two



States is that every national of the one State becomes an enemy of every national of the other. However, it is a generally recognized rule of international law that civilians must not be made the object of attack directed exclusively against them.


## 26. Effect On Enemy Aliens

Enemy aliens located or resident in United States territory are not necessarily made prisoners or interned en masse



on the breaking out of hostilities. Such persons may be allowed to leave the United States if their departure is consistent with national interest *(GC, art. 35;* par. 274 herein). If the security of the United States makes it absolutely necessary, enemy aliens may be placed in assigned residence or internment *(GC, art. 42;* par. 281 herein). Measures of control are normally taken with respect to at least persons known to be active or reserve members of a hostile army, persons who



would be liable to service in the enemy forces, and persons who it is expected would furnish information or other aid to a hostile State. (See ch. V, sec. IV, concerning the treatment of aliens in the territory of a party to the conflict.)



## 27. Expulsion

In modern practice at the outbreak of hostilities the expulsion of the citizens or subjects of the enemy is generally



decreed from sea-ports, the area surrounding airbases, airports, and fortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion is decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, disposal, and removal of their goods and property and for the settlement of their personal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (paras. 280-284).


## Section Ii. Forbidden Conduct With Respect To Persons 28. Refusal Of Quarter

It is especially forbidden * * * to declare that no quarter will be given. (HR, art. 23, par. (d).)



## 29. Injury Forbidden After Surrender

It is especially forbidden * * * to kill or wound an enemy who, having laid down his arms, or having no



longer means of defense, has surrendered at discretion. (HR, art. 23, par. (c).)

## 30. Persons Descending By Parachute

The law of war does not prohibit firing upon paratroops or other persons who are or appear to be bound upon



hostile missions while such persons are descending by parachute. Persons other than those mentioned in the preceding sentence who are descending by parachute from disabled aircraft may not be fired upon.


## 31. Assassination And Outlawry



HR provides:
It is especially forbidden * * * to kill or wound treacherously individuals belonging to the hostile nation or



army. (HR, art. 23, para. (b).)


This article is construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon



an enemy's head, as well as offering a reward for an enemy "dead or alive". It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere.



## 32. Nationals Not To Be Compelled To Take Part In Operations Against Their Own Country

A belligerent is likewise forbidden to compel the nationals of the hostile party to take part. in the operations



of war directed against their own country, even if they were in the belligerent's service before the commencement of the war. (HR, art. 23, 2d par.)

## Section Iii. Forbidden Means Of Waging Warfare 33. Means Of Injuring The Enemy Limited



a. Treaty Provision.

The right of belligerents to adopt means of injuring the enemy is not unlimited. (HR, art. 22.)
b. The means employed are definitely restricted by international declarations and conventions and by the laws


and usages of war.


## 34. Employment Of Arms Causing Unnecessary Injury



a. Treaty Provision.

It is especially forbidden * * * to employ arms, projectiles, or material calculated to cause unnecessary



suffering. (HR, art. 23, par. (e).)


b. Interpretation. What weapons cause "unnecessary injury" can only be determined in light of the practice of



States in refraining from the use of a given weapon because it is believed to have that effect. The prohibition certainly does not extend to the use of explosives contained in artillery projectiles, mines, rockets, or hand grenades. Usage has, however, established the illegality of the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled



with glass, the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and the scoring of the surface or the filing off of the ends of the hard cases of bullets.


## 35. Atomic Weapons

The use of explosive "atomic weapons," whether by air, sea, or land forces, cannot as such be regarded as violative



of international law in the absence of any customary rule of international law or international convention restricting their employment.


## 36. Weapons Employing Fire

The use of weapons which employ fire, such as tracer ammunition, flame throwers, napalm and other incendiary



agents, against targets requiring their use is not violative of international law. They should not, however, be employed in such a way as to cause unnecessary suffering to individuals.



## 37. Poison



a. Treaty Provision.

It is especially forbidden * * * to employ poison or poisoned weapons. (HR, art. 23, par. (a). )
b. Discussion of Rule. The foregoing rule does not prohibit measures being taken to dry up springs, to divert



rivers and aqueducts from their courses, or to destroy, through chemical or bacterial agents harmless to man, crops intended solely for consumption by the armed forces (if that fact can be determined).


## 38. Gases, Chemicals, And Bacteriological Warfare

The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxic or



nontoxic gases, of smoke or incendiary materials, or of bacteriological warfare. A treaty signed at Washington, 6 February 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (3 Malloy, Treaties 3116) contains a provision (art. V) prohibiting "The use in war of asphyxiating, poisonous or other gases, and all analogous liquids, materials, or devices," but that treaty was expressly conditioned to become effective only upon ratification by all of the signatory powers, and, not having been ratified by all of the signatories, has never become effective. The Geneva Protocol "for the prohibition of the use in war of asphyxiating, poisonous, or other gases, and of bacteriological methods of warfare," signed on 17 June 1925, on behalf of the United States and many other powers (94 League of Nations Treaty Series 65), has been ratified or adhered to by and is now effective between a considerable number of States. However, the United States Senate has refrained from giving its advice and consent to the ratification of the Protocol by the United States, and it is accordingly not binding on this country.



## Section Iv. Bombardments, Assaults, And Sieges 39. Bombardment Of Undefended Places Forbidden

The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are


undefended is prohibited. (HR, art. 25.)


## 40. Defended Place Defined

Investment, bombardment, assault, and siege have always been recognized as legitimate means of land warfare.



Defended places in the sense of Article 25, HR, include:



a. A fort or fortified place. b. A city or town surrounded by detached defense positions, which is considered jointly with such defense



positions as an indivisible whole.



c.

A place which is occupied by a combatant military force or through which such a force is passing. The



occupation of such a place by medical units alone is not sufficient to make it a defended place.



Factories producing munitions and military supplies, military camps, warehouses storing munitions and military



supplies, ports and railroads being used for the transportation of military supplies, and other places devoted to the support of military operations or the accommodation of troops may also be attacked and bombarded even though they are not defended.


## 41. Unnecessary Killing And Devastation

Particularly in the circumstances referred to in the preceding paragraph, loss of life and damage to property must



not be out of pro-portion to the military advantage to be gained. Once a fort or defended locality has surrendered, only



such further damage is permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of military buildings, and destruction of stores *(GC, art. 147;* par. 502 herein).


## 42. Aerial Bombardment

There is no prohibition of general application against bombardment from the air of combatant troops, defended



places, or other legitimate military objectives.


## 43. Notice Of Bombardment



a. Treaty Provision.

The officer in command of an attacking force must, before commencing a bombardment, except in cases of



assault, do all in his power to warn the authorities. (HR, art. 26.)


b. Application of Rule. This rule is understood to refer only to bombardments of places where parts of the civil



population remain.



c.

When Warning is To Be Given. Even when belligerents are not subject to the above treaty, the commanders of



United States ground forces will, when the situation permits, inform the enemy of their intention to bombard a place, so that the noncombatants, especially the women and children, may be removed before the bombardment commences.


## 44. Treatment Of Inhabitants Of Invested Area

a. General Population. The commander of the investing force has the right to forbid all communications and



access between the besieged place and the outside. However, Article 17, GC (par. 256), requires that belligerents endeavor to conclude local agreements for the removal from besieged or encircled areas of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. Provision is also made in Article 23 of the same Convention (par. 262) for the passage of consignments of medical and hospital stores and objects necessary for the religious worship of civilians and of essential foodstuffs, clothing, and tonics intended for children under 15, expectant mothers, and maternity cases.



Subject to the foregoing exceptions, there is no rule of law which compels the commander of an investing force to



permit noncombatants to leave a besieged locality. It is within the discretion of the besieging commander whether he will permit noncombatants to leave and under what conditions. Thus, if a commander of a besieged place expels the noncombatants in order to lessen the logistical burden he has to bear, it is lawful, though an extreme measure, to drive them back, so as to hasten the surrender. Persons who attempt to leave or enter a besieged place without obtaining the necessary permission are liable to be fired upon, sent back, or detained.



b. Diplomatic and Consular Personnel. Diplomatic and consular personnel of a neutral State should not be



prevented from leaving a besieged place before hostilities commence, but this privilege cannot be claimed while hostilities are in progress. Should they voluntarily decide to remain, they must undergo the same risks as other inhabitants.



## 45. Buildings And Areas To Be Protected



a. Buildings To Be Spared.

In sieges and bombardments all necessary measures must be taken to spare, as far as possible, buildings


dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.



It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible



signs, which shall be notified to the enemy beforehand. *(HR, art. 27.)* (See also GC, arts. 18 and 19; paras. 257 and 258 herein, dealing with the identification and protection of civilian hospitals.)


b. Areas To Be Protected. In order to protect buildings used for medical purposes from being accidentally hit, it



is desirable that the wounded and sick should, if possible, be concentrated in an area remote from military objectives or in an area neutralized by arrangement with the enemy. (See *GC, arts. 14, 18, and 19;* paras. 253, 257, and 258 herein, concerning the establishment of hospital and safety zones and localities.)

## 46. Such Buildings To Display Sign Specified In Naval Treaty



a. Treaty Provision.

It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall



consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white. (H. IX, art. 5, 2d par.)



b. Application of Rule. The foregoing rule adopted in this convention for naval warfare may be adopted for



protecting buildings under bombardment in land warfare.



c.

Use of Foregoing for Military Purposes. The besieging forces are not required to observe the signs indicating



inviolability of buildings that are known to be used for military purposes, such as quarters, warehouses, observation posts, or signal installations.


## 47. Pillage Forbidden

The pillage of a town or place, even when taken by assault, is prohibited. (HR, art. 28.)



## Section V. Stratagems 48. Stratagems Permissible

Ruses of war and the employment of measures necessary for obtaining information about the enemy and the


country are considered permissible. (HR, art. 24.)

## 49. Good Faith

Absolute good faith with the enemy must be observed as a rule of conduct; but this does not prevent measures such



as using spies and secret agents, encouraging defection or insurrection among the enemy civilian population, corrupting enemy civilians or soldiers by bribes, or inducing the enemy's soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take measures to protect himself.



## 50. Treachery Or Perfidy

Ruses of war are legitimate so long as they do not involve treachery or perfidy on the part. of the belligerent


resorting to them. They are, however, forbidden if they contravene any generally accepted rule.



The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct, but the



following examples indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to feign surrender so as to secure an advantage over the opposing belligerent thereby. So similarly, to broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.



Treacherous or perfidious conduct in war is forbidden because it destroys the basis for a restoration of peace short



of the complete annihilation of one belligerent by the other.


## 51. Legitimate Ruses

Among legitimate ruses may be counted surprises, ambushes, feigning attacks, retreats, or flights, simulating quiet



and inactivity, use of small forces to simulate large units, transmitting false or misleading radio or telephone messages, deception of the enemy by bogus orders purporting to have been issued by the enemy commander, making use of the enemy's signals and passwords, pretending to communicate with troops or reinforcements which have no existence, deceptive supply movements, deliberate planting of false information use of spies and secret agents, moving landmarks, putting up dummy guns and vehicles or laying dummy mines, erection of dummy installations and airfields, removing unit identifications from uniforms, use of signal deceptive measures, and psychological warfare activities.


## 52. Improper Use Of Identifying Devices

It is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or of the military



insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention. (HR, art. 23, par.

(f).)


## 53. Flags Of Truce

Flags of truce must not be used surreptitiously to obtain military information or merely to obtain time to effect a



retreat or secure re-enforcements or to feign a surrender in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.



## 54. National Flags, Insignia, And Uniforms As A Ruse

In practice, it has been authorized to make use of national flags, insignia, and uniforms as a ruse. The foregoing



rule *(HR, art. 23, par. (f) )* does not prohibit such employment, but does prohibit their *improper* use. It is certainly forbidden to employ them during combat, but their use at other times is not forbidden.



## 55. Improper Use Of Distinctive Emblem Of Geneva Convention

The use of the emblem of the Red Cross and other equivalent insignia must be limited to the indication or



protection of medical units and establishments, the personnel and material protected by *GWS* and other similar conventions. The following are examples of the improper use of the emblem: Using a hospital or other building accorded such protection as an observation post or military office or depot; firing from a building or tent displaying the emblem of the Red Cross; using a hospital train or airplane to facilitate the escape of combatants; displaying the emblem on vehicles containing ammunition or other nonmedical stores; and in general using it for cloaking acts of hostility.



## Section Vi. Treatment Of Property During Combat 56. Devastation

The measure of permissible devastation is found in the strict necessities of war. Devastation as an end in itself or as



a separate measure of war is not sanctioned by the law of war. There must be some reasonably close connection between the destruction of property and the overcoming of the enemy's army. Thus the rule requiring respect for private property is not violated through damage resulting from operations, movements, or combat activity of the army; that is, real estate may be used for marches, camp sites, construction of field fortifications, etc. Buildings may be destroyed for sanitary purposes or used for shelter for troops, the wounded and sick and vehicles and for reconnaissance, cover, and defense. Fences, woods, crops, buildings, etc., may be demolished, cut down, and removed to clear a field of fire, to clear the ground for landing fields, or to furnish building materials or fuel if imperatively needed for the army. (See *GC, art. 53;* par. 339b; herein, concerning the permissible extent of destruction in occupied areas.)


## 57. Protection Of Artistic And Scientific Institutions And Historic Monuments

The United States and certain of the American Republics are parties to the so-called *Roerich Pact,* which accords a



neutralized and protected status to historic monuments, museums, scientific, artistic, educational, and cultural institutions in the event of war between such States. (For its text, see 49 Stat. 3267; Treaty Series No. 899.)


## 58. Destruction And Seizure Of Property

It is especially forbidden * * * to destroy or seize the enemy's property, unless such destruction or seizure be



imperatively demanded by the necessities of war (HR, art. 23, par. (g).)

## 59. Booty Of War

a. Public Property. All enemy public movable property captured or found on a battlefield becomes the property



of the capturing State.



b. Private Property. Enemy private movable property, other than arms, military papers, horses, and the like



captured or found on a battlefield, may be appropriated only to the extent that such taking is permissible in occupied areas (see paras. 405-411).



c.

Prisoners of War. The property which prisoners of war are to be allowed to retain is specified in Article 18,



GPW (par. 94).


## Chapter 3 Prisoners Of War Section I. Persons Entitled To Be Treated As Prisoners Of War; Retained Medical Personnel 60. General Division Of Enemy Population



The enemy population is divided in war into two general classes: a. Persons entitled to treatment as prisoners of war upon capture, as defined in Article 4, *GPW* (par. 61). b. The civilian population (exclusive of those civilian persons listed in *GPW, art. 4),* who benefit to varying



degrees from the provisions of GC (see chs. 5 and 6 herein). Persons in each of the foregoing categories have distinct rights, duties, and disabilities. Persons who are not members of the armed forces, as defined in Article 4, *GPW,* who bear arms or engage in other conduct hostile to the enemy thereby deprive themselves of many of the privileges attaching to the members of the civilian population (see sec. II of this chapter).



## 61. Prisoners Of War Defined

a. 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.



(2) Members of other militias and members of other volunteer corps, including those of organized



resistance movements, belonging 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 organized resistance movements, fulfil the following conditions:



(a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.



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



(4) Persons who accompany the armed forces without actually being members thereof, such as civilian


members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.



(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 favorable treatment under any other provisions of international law.



(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up


arms to resist the invading force, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.



b. The following shall likewise be treated as prisoners of war under the present Convention:



(1) 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 has 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.



(2) The persons belonging to one of the categories enumerated in the present Article, who have been



received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under inter-national law, without prejudice to any more favorable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning 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 functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.



c.

This Article shall in no way affect the status of medical personnel and chaplains as provided for in


Article 33 of the present Convention. (GPW, art. 4.)

## 62. Combatants And Noncombatants

The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of


capture by the enemy, both have a right to be treated as prisoners of war. (HR, art. 3.)



## 63. Commandos And Airborne Troops

Commando forces and airborne troops, although operating by highly trained methods of surprise and violent



combat, are entitled, as long as they are members of the organized armed forces of the enemy and wear uniform, to be treated as prisoners of war upon capture, even if they operate singly.



## 64. Qualifications Of Members Of Militias And Volunteer Corps

The requirements specified in Article 4, paragraphs A (2) (a) to *(d), GPW* (par. 61) are satisfied in the following



fashion:
a. Command by a Responsible Person. This condition is fulfilled if the commander of the corps is a



commissioned officer of the armed forces or is a person of position and authority or if the members of the militia or volunteer corps are provided with documents, badges, or other means of identification to show that they are officers, non-commissioned officers, or soldiers so that there may be no doubt that they are not persons acting on their own responsibility. State recognition, however, is not essential, and an organization may be formed spontaneously and elect its own officers.



b. Fixed Distinctive Sign. The second condition, relative to the possession of a fixed distinctive sign recognizable



at a distance is satisfied by the wearing of military uniform, but less than the complete uniform will suffice. A helmet or headdress which would make the silhouette of the individual readily distinguishable from that of an ordinary civilian would satisfy this requirement. It is also desirable that the individual member of the militia or volunteer corps wear a badge or brassard permanently affixed to his clothing. It is not necessary to inform the enemy of the distinctive sign, although it may be desirable to do so in order to avoid misunderstanding.



c.

Carrying Arms Openly. This requirement is not satisfied by the carrying of weapons concealed about the



person or if the individuals hide their weapons on the approach of the enemy.



d. Compliance With Law of War. This condition is fulfilled if most of the members of the body observe the laws



and customs of war, notwithstanding the fact that the individual member concerned may have committed a war crime. Members of militias and volunteer corps should be especially warned against employment of treachery, denial of quarters, maltreatment of prisoners of war, wounded, and dead, improper conduct toward flags of truce, pillage, and unnecessary violence and destruction.


## 65. The Levee En Masse

If the enemy approaches an area for the purpose of seizing it, the inhabitants, if they defend it, are entitled to the



rights of regular combatants as a *levee en masse* (see *GPW, art. 4, par. A (6);* par. 61 herein), although they wear no distinctive sign. In such a case all the inhabitants of the area maybe considered legitimate enemies until the area is taken. Should some inhabitants of a locality thus take part. in its defense, it might be justifiable to treat all the males of military age as prisoners of war. Even if inhabitants who formed the *levee en masse* lay down their arms and return to their normal activities, they may be made prisoners of war.


## 66. Wounded And Sick

Subject to the provisions of Article 12, the wounded and sick 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.

(GWS, art. 14.)

## 67. Medical Personnel And Chaplains

Medical personnel exclusively engaged in the search for, or collection, transport or treatment of the


wounded or sick, or in the prevention of disease, staff exclusively engaged in the ad-ministration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances. (GWS, art. 24.)


Members of the medical personnel and chaplains while retained by the Detaining Power with a view to



assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of and religious ministration to prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of 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 authorized to visit periodically prisoners f war situated in working detachments or in



hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.



(b) The senior medical officer in each camp shall be responsible to the camp military authorities for


everything connected with the activities of retained medical personnel. 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, including that of societies mentioned in Article 26 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. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.



(c) Although they shall be subject to the internal discipline of the camp in which they are retained, such


personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties.


During hostilities the Parties to the conflict shall agree concerning the possible relief of retained personnel


and shall settle 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. *(GPW, art. 33.)*(See also GWS, arts. 27 *and 32;* paras. 229 and 233 herein.)

## 68. Persons Temporarily Performing Medical Functions

Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies,



nurses, or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick * * * 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. (GWS, arts. 25 and 29.)

## 69. Personnel Of Aid Societies

The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and


authorized 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 regulations.



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 authorized, under its responsibility, to render assistance to the regular medical service of its armed forces. (GWS, art. 26.)

## 70. Enumeration Not Exhaustive

The enumeration of persons entitled to be treated as prisoners of war is not exhaustive and does not preclude



affording prisoner-of-war status to persons who would otherwise be subject to less favorable treatment.



## 71. Interim Protection



a. Treaty Provision.

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 committed 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 Convention until such time as their status has been determined by a competent tribunal. (GPW, art. 5.)



b. Interpretation. The foregoing provision applies to any person not appearing to be entitled to prisoner-of-war



status who has committed a belligerent act or has engaged in hostile activities in aid of the armed forces and who asserts that he is entitled to treatment as a prisoner of war or concerning whom any other doubt of a like nature exists.



c.

Competent Tribunal. A "competent tribunal" of the United States for the purpose of determining whether a



person of the nature described in a above is or is not entitled to prisoner-of-war status is a board of not less than three officers acting according to such procedure as may be prescribed for tribunals of this nature.



d. Further Proceedings. Persons who have been determined by a competent tribunal not to be entitled to prisoner



of-war status may not be executed, imprisoned, or otherwise penalized without further judicial proceedings to determine what acts they have committed and what penalty should be imposed therefore.


## Section Ii. Persons Not Entitled To Be Treated As Prisoners Of War 72. Certain Persons In Occupied Areas

Persons in occupied areas not falling within the categories set forth in Article 4, *GPW* (par. 61), who commit acts



hostile to the occupant or prejudicial to his security are subject to a special regime, concerning which see chapter 6, section VIII. The provisions of the present section must, in the case of offenses committed in occupied territory, be read subject to the qualifications set forth in chapter 6, section VIII (for example, the limitation on punishments prescribed by *GC, art.* 68; par. 438 herein).


## 73. Persons Committing Hostile Acts Not Entitled To Be Treated As Prisoners Of War

If a person is determined by a competent tribunal, acting in conformity with Article 5, *GPW* (par. 71), not to fall



within any of the categories listed in Article 4, *GPW* (par. 61), he is not entitled to be treated as a prisoner of war. He is, however, a "protected person" within the meaning of Article 4, GC (par. 247). (See paras. 247 and 248, concerning the status of such "protected persons" who have engaged in conduct hostile to the opposing belligerent.)



## 74. Necessity Of Uniform

Members of the armed forces of a party to the conflict and members of militias or volunteer corps forming part. of



such armed forces lose their right to be treated as prisoners of war whenever they deliberately conceal their status in order to pass behind the military lines of the enemy for the purpose of gathering military information or for the purpose of waging war by destruction of life or property. Putting on civilian clothes or the uniform of the enemy are examples of concealment of the status of a member of the armed forces.



## 75. Spies



a Treaty Provision.

A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or



endeavors to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.



Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for



the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, intrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying dispatches and, generally, of maintaining communications between the different parts of an army or a territory. (HR, art. 29.)



b. American Statutory Definition. The first paragraph of the foregoing Hague Regulation has been in effect



somewhat modified, as far as American practice is concerned, by the subsequently enacted Article 106 of the Uniform Code of Military Justice (64 *Stat. 138; 50 U. S. C. 700),* as follows:



Art. 106. Spies.Any person who in time of war is found lurking as a spy or acting as a spy in or about any



place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces of the United States, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court- martial or by a military commission and on conviction shall be punished by death.



c.

Article 106 Governs. Insofar as Article 29, *HR,* and Article 106, Uniform Code of Military Justice, are not in


conflict with each other, they will be construed and applied together. Otherwise Article 106 governs American practice.


## 76. Who Included In Definition

The definition embodied in the Hague Regulations (par. 75 a) and that contained in Article 106 of the Uniform



Code of Military Justice (par. 75 b) include persons of all classes, whether military or civilian, without regard to citizenship or sex. Both likewise apply only where the acts are committed in time of war. The Hague definition applies only where the information is obtained or sought 'in the zone of operations," while the statutory definition is not so limited. The latter includes only persons "found lurking as a spy or acting as a spy" in those places specifically designated "or elsewhere." It has not been decided whether the phrase "or elsewhere" justifies trial by a military tribunal of *any* person who is not found in one of the places designated or in the field of military operations or territory under martial law and is not a member of the armed forces or other-wise subject to the Uniform Code of Military Justice. Persons charged with espionage committed in the United States outside military jurisdiction are nevertheless liable to trial and punishment by the civil courts under the espionage laws (18 U. S. C. (chap. 37)).



## 77. Employment Of Spies Lawful

The foregoing Article 29, HR (par. 75), and Article 24, HR (par. 48), tacitly recognize the well-established right of



belligerents to employ spies and other secret agents for obtaining information of the enemy. Resort to that practice involves no offense against inter-national law. Spies are punished, not as violators of the laws of war, but to render that method of obtaining information as dangerous, difficult, and ineffective as possible.


## 78. Punishment



a. Necessity of Trial.

A spy taken in the act shall not be punished without previous trial. (HR, art. 30.)
b. Attempts. The spy is punishable with death whether or not he succeeds in obtaining information or in



conveying it to the enemy.



c.

Immunity upon Rejoining Own Army.



A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a



prisoner of war, and incurs no responsibility for his previous acts of espionage. (HR, art. 31.)

## 79. Aiding The Enemy



a. American Statutory Definition.

Any person who (1) aids or attempts to aid, the enemy with arms, ammunition, supplies, money, or other thing; or (2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or



corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. (UCMJ, Art. 104; 64 Stat. 138; 50 U.S.C.

698.)
b. Interpretation. In time of war, the rule of the above article is general in its application to all persons whether or



not otherwise subject to military law and without regard to citizenship or military or civil status, who give aid to an enemy government or persons adhering to it. It may be that this statute, should it be subjected to judicial interpretation, would be held to authorize the trial of civilians by military tribunals only when the offense had been committed in territory under martial law or military government, or within the zone of military operations, or within areas invaded by the United States, or within or in the vicinity of a military installation, or in a place otherwise subject to military jurisdiction. Cases occurring in the United States outside military jurisdiction are triable by the civil courts under the espionage laws mentioned above (par. 76) and laws relating to treason (18 U.S.C. (chap. 115)).



## 80. Individuals Not Of Armed Forces Who Engage In Hostilities

Persons, such as guerrillas and partisans, who take up arms and commit hostile acts without having complied with



the conditions pre-scribed by the laws of war for recognition as belligerents (see *GPW, art. 4;* par. 61 herein), are, when captured by the injured party, not entitled to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment.


## 81. Individuals Not Of Armed Forces Who Commit Hostile Acts

Persons who, without having complied with the conditions pre-scribed by the laws of war for recognition as



belligerents (see *GPW, art. 4;* par. 61 herein), commit hostile acts about or behind the lines of the enemy are not to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment. Such acts include, but are not limited to, sabotage, destruction of communications facilities, intentional misleading of troops by guides, liberation of prisoners of war, and other acts not falling within Articles 104 and 106 of the Uniform Code of Military Justice and Article 29 of the Hague Regulations.


## 82. Penalties For The Foregoing

Persons in the foregoing categories who have attempted, committed, or conspired to commit hostile or belligerent



acts are subject to the extreme penalty of death because of the danger inherent in their conduct. Lesser penalties may, however, be imposed.


## 83. Military Attaches And Diplomatic Representatives Of Neutral States

Military attaches and diplomatic representatives of neutral States who establish their identity as such and are



accompanying an army in the field or are found within a captured fortress, whether within the territory of the enemy or in territory occupied by it, are not held as prisoners, provided that they take no part. in hostilities. They may, however,



be ordered out of the theater of war, and, if necessary, handed over by the captor to the ministers of their respective countries. Only if they refuse to quit the theater of war may they be interned.



## Section Iii. General Protection Of Prisoners Of War 84. Duration Of Protection



a. Treaty Provision.

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 * * *. *(GPW, art. 5;* see par. 71 herein.)



b. Power of the Enemy Defined. A person is considered to have fallen into the power of the enemy when he has



been captured by, or surrendered to members of the military forces, the civilian police, or local civilian defense organizations or enemy civilians who have taken him into custody.


## 85. Killing Of Prisoners

A commander may not put his prisoners to death because their presence retards his movements or diminishes his



power of resistance by necessitating a large guard, or by reason of their consuming supplies, or because it appears certain that they will regain their liberty through the impending success of their forces. It is likewise unlawful for a commander to kill his prisoners on grounds of self-preservation, even in the case of airborne or commando operations, although the circumstances of the operation may make necessary rigorous supervision of and restraint upon the movement of prisoners of war.


## 86. Special Agreements

In addition to the agreements expressly provided for in Articles 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 special 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 or 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 favorable measures have been taken with regard to them by one or other of the Parties to the conflict. (GPW, art. 6.)

## 87. Renunciation Of Rights Prohibited



a. Treaty Provision.
Prisoners of war may in no circumstances renounce in part. or in entirety the rights secured to them by the



present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GPW, art. 7.)



b. Interpretation. Subject to the exception noted in paragraph 199, prisoners of war are precluded from



renouncing not only their rights but also their status as prisoners of war, even if they do so voluntarily. The prohibition extends equally to prisoners renouncing their status in order to become civilians or to join the armed forces of the Detaining Power.


## 88. Responsibility For The Treatment Of Prisoners

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have



captured them. Irrespective 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 willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the 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 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. (GPW, art. 12.)

## 89. Humane Treatment Of Prisoners

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.



Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation


and against insults and public curiosity.



Measures of reprisal against prisoners of war are prohibited. (GPW, art. 13.)

## 90. Respect For The Person Of Prisoners



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


favorable 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. (GPW, art. 14.)

## 91. Maintenance Of Prisoners

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for


the medical attention required by their state of health. (GPW, art. 15.)

## 92. Equality Of Treatment A. Treaty Provision. Taking Into Consideration The Provisions Of The Present Convention 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 belief or political opinions, or any other distinction founded on similar criteria. (*GPW, art. 16*.)


b. The foregoing provision does not preclude the segregation of prisoners of war to maintain order in camps, to



impose punishment, or for medical reasons. (See GPW, art. 79, 5th *par.;* par. 155 herein.)

## Section Iv. Beginning Of Captivity 93. Questioning Of Prisoners

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 willfully 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 equivalent information, and date of birth. The identity card may, furthermore, 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 10 cm. 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 information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.



Prisoners of war who, owing to their physical or mental condition, 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. (GPW, art.



17.)


## 94. Property Of Prisoners



a. Treaty Provision.

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 helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall like-wise 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 documents. The Detaining Power shall supply such


documents to prisoners of war who possess none.



Badges of rank and nationality, decorations and articles having above all a personal or sentimental 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 itemized 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 request, 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. (GPW, art. 18.)


b. Transactions With Prisoners. It is not proper for members of the forces of the Detaining Power to engage in



bartering and other transactions with prisoners of war concerning their personal effects.



c.

Unexplained Possession of Large Sums of Money by Prisoners of War. The unexplained possession by a



prisoner of war of a large sum of money justifiably leads to the inference that such funds are not his own property and are in fact either property of the enemy government or property which has been looted or otherwise stolen.



## 95. Evacuation Of Prisoners

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. (GPW, art. 19.)

## 96. Conditions Of Evacuation

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 being 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 transit camps, their stay in such camps shall be as


brief as possible. (GPW, art. 20.)

## Section V. Internment Of Prisoners Generally 97. Restriction Of Liberty Of Movement

The Detaining Power may subject prisoners of war to internment. 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 their health and then only during the continuation of the circumstances which make such confinement necessary.

(GPW, art. 21, 1st par.)

## 98. Places And Conditions Of Internment

Prisoners of war maybe interned only in premises located on land and affording every guarantee of hygiene


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



Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as



soon as possible to a more favorable 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 separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent. (GPW, art. 22.)

## 99. Security Of Prisoners

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 civilian 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 favor of the population shall also apply to them.



Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all


useful information regarding the geographical location of prisoner of war camps.



Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time 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. (GPW, art. 23.)

## 100. Permanent Transit Camps

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 treatment as in other camps.

(GPW, art. 24.)

## Section Vi. Quarters, Food, And Clothing 101. Quarters

Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining


Power who are billeted in the same area. The said conditions shall make allow-ante 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 dormitories 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 individually 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 danger of fire.



In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories


shall be provided for them. (GPW, art. 25.)

## 102. Food

The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in


good health and prevent loss of weight or the development of nutritional deficiencies. 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 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. (GPW, art. 26.)

## 103. Clothing

Clothing, underwear and footwear shall be supplied to prisoners 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 avail-able 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. (GPW, art. 27.)

## 104. Canteens

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 benefit of the prisoners; a special fund shall be



created for this purpose. The prisoners' representative shall have the right to collaborate in the management of the canteen and of this fund.



When a camp is closed down, the credit balance of the special fund shall be handed to an international



welfare organization, 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. (GPW, art. 28.)

## 105. Cost Of Quarters, Food, And Clothing

Prisoners, including officers, are furnished quarters, food, and clothing without cost to them.



## Section Vii. Hygiene And Medical Attention 106. Hygiene

The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and


healthfulness of camps and to prevent epidemics.



Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene



and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them.



Also, apart. from the baths and showers with which the camps shall be furnished, prisoners of war shall be


provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose. (GPW, art. 29.)

## 107. Medical Attention

Every camp shall have an adequate infirmary where prisoners of war may have the attention they require,



as well as appropriate 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 condition necessitates special treatment a surgical



operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation 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 repatriation.



Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they


depend and, if possible, of their nationality.



Prisoners of war may not be prevented from presenting themselves to the medical authorities for


examination. The detaining 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 forwarded to the Central Prisoners of War Agency.



The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war


in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. (GPW, art. 30.)

## 108. Medical Inspections

Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking



and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the


general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e. g., periodic mass miniature radiography for the early detection of tuberculosis. (GPW, art. 81.)


## 109. Prisoners Engaged On Medical Duties

Prisoners of war who, though not attached to the medical service 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. (GPW, art. 32.)

## Section Viii. Religious, Intellectual, And Physical Activities 110. Religious Freedoms

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. (GPW, art. 34.)

## 111. Retained Chaplains

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 accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practicing the same religion. They shall enjoy the necessary facilities including the means of transport provided for in Article 33, for visiting the prisoners of war outside 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 organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. (GPW, art. 85.)

## 112. Prisoners Who Are Ministers Of Religion

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 members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Retaining Power. They shall not be obliged to do any other work. (GPW, art. 36.)

## 113. Prisoners Without A Minister Of Their Religion

When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their



faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible 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 prisoners 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. (GPW, art. 37.)

## 114. Recreation, Study, Sports, And Games

While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the


practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.



Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out


of doors. Sufficient open spaces shall be provided for this purpose in all camps. (GPW, art. 38.)

## Section Ix. Discipline 115. Administration

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. (GPW, art. 39.)

## 116. Badges And Decorations

The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. (GPW, art. 40.)

## 117. Posting Of The Convention And Of Regulations And Orders Concerning Prisoners

In every camp the text of the present Convention and its Annexes and the contents of any special agreement



provided for in Article 6, shall be posted, in the prisoners' own language, in 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.



Regulations, orders, notices and publications of every kind relating 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 individually must likewise be given in a language which they understand. (GPW, art. 41.)

## 118. Use Of Weapons

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. (GPW, art. 42.)

## Section X. Rank Of Prisoners Of War 119. Notification Of Ranks

Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and



ranks of all the persons 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 recognize 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. (GPW, art. 43.)

## 120. Treatment Of Officers



Officers and prisoners of equivalent status shall be treated with 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 language, 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.



Supervision of the mess by the officers themselves shall be facilitated in every way. (GPW, art. 44.)

## 121. Treatment Of Other Prisoners

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. (GPW, art. 45.)

## Section Xi. Transfer Of Prisoners Of War 122. Conditions

The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the


interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.



The transfer of prisoners of war shall always be effected humanely and in conditions not less favorable than


those under which the forces of the Detaining Power are transferred. Account 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 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 complete list of all transferred prisoners before their departure. (GPW, art. 46.)



## 123. Circumstances Precluding Transfer

Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by


the journey, unless their safety imperatively demands it.



If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be 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. (GPW, art. 47.)

## 124. Procedure For Transfer

In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal


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



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



have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms [55 pounds] 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. (GPW, art. 48.)

## Section Xii. Labor Of Prisoners Of War 125. General

The Detaining Power may utilize 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 maintaining them in a good state of physical and mental health.



Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those


not so required 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. (GPW, art. 49.)

## 126. Authorized Work

Besides work connected with camp administration, installation or maintenance, prisoners of war may be


compelled to do only such work as is included in the following classes:



(a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing


industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;



(c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of


complaint, in conformity with Article 78. (GPW, art. 50.)

## 127. Working Conditions

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 enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.



The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which such


prisoners are employed, the national legislation concerning the protection of 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. (GPW, art. 51.)

## 128. Dangerous Or Humiliating Labor

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. (GPW, art. 52.)

## 129. Duration Of Labor

The duration of the daily labour of prisoners of war, including the time of the journey to and from, 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 employed on the same work.



Prisoners of war must be allowed, in the middle of the day's work, a rest of not less than one hour. 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 addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.



If methods of labour such as piece work are employed, the length of the working period shall not be


rendered excessive thereby. (GPW, art. 53.)

## 130. Working Pay And Occupational Accidents And Disease

The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the


present Convention.



Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or



in consequence of their work, shall receive all the care their condition may re-quire. 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. (*GPW, art. 54*.)

## 131. Medical Supervision

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 working, we shall be permitted to appear before the


medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. (GPW, art. 65.)

## 132. Labor Detachments

The organization 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 responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments.



The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp,



and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. (GPW, art. 56.)

## 133. Prisoners Working For Private Employers

The treatment of prisoners of war who work for private persons, even if the latter are responsible for



guarding and protecting 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 prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.



Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in


the camps on which they depend. (GPW, art. 57.)

## Section Xiii. Financial Resources Of Prisoners Of War 134. Ready Money

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 possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent.



If prisoners of war are permitted to purchase services or commodities outside the camp against payment in


cash, such payments 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. (GPW, art. 58.)

## 135. Amounts In Cash Taken From Prisoners

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. (GPW, art. 59.)


## 136. Advances Of Pay

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be



fixed by conversion, into the currency of the said Power, of the following amounts:



Category I : Prisoners ranking below sergeants: eight Swiss francs. Category II : Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss



francs.


Category III : Warrant officers and commissioned officers be- low the rank of major or prisoners of



equivalent rank: fifty Swiss francs.



Category IV : Majors, lieutenant-colonels, colonels, or prisoners of equivalent rank: sixty Swiss francs. Category V : General officers or prisoners of war of equivalent rank: seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of


pay due to prisoners of the preceding categories.



Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the



pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:


(a) shall continue to credit the accounts of the prisoners with the amounts indicated in 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 Category 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 limitations will be given without delay to the Protecting Power. (GPW, art. 60.)

## 137. Supplementary Pay

The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the


Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner 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 accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. (GPW, art. 61.)

## 138. Working Pay

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 one-fourth 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 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 authorities to prisoners of war permanently detailed to



duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.



The working pay of the prisoners' representative, of his advisers, 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. (GPW, art. 62.)



## 139. Transfer Of Funds

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 balance 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 country, as follows: the Detaining Power shall send to the 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 currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners' account by a corresponding amount; the sums 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 present Convention. (GPW, art. 63.)


## 140. Prisoners' Accounts



The Detaining Power shall hold an account for each prisoner of war, showing at least the following: (1) The amounts due to the prisoner or received by him as advances of pay, as working 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.



(2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his


behalf and at his request; the sum transferred under Article 63, third paragraph. (GPW, art. 64.)

## 141. Management Of Prisoners' Accounts

Every item entered into the account of a prisoner of war shall be countersigned or initialled by him, or by



the prisoners' representative acting on his behalf.



Prisoners of war shall at all times be afforded reasonable facilities 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 monies which are their property and are not in the


currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.



The Parties to the conflict concerned may agree to notify to each other at specific intervals through the


Protecting Power, the amount of the accounts of the prisoners of war. (GPW, art. 65.)

## 142. Winding Up Of Accounts

On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining



Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity 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 authorized representative of the Detaining Power.


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


the conflict.



The Power on which the prisoner of war depends shall be responsible for settling with him any credit


balance due to him from the Detaining Power on the termination of his captivity. (GPW, art. 66.)

## 143. Adjustments Between Parties To The Conflict

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 paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. (GPW, art. 67.)

## 144. Claims For Compensation

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 Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned 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 medical particulars certified by a medical officer.



Any claim by a prisoner of war for compensation in respect of personal effects, monies 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, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies 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. (GPW, art. 68.)

## Section Xiv. Relations Of Prisoners Of War With The Exterior 145. Notification Of Measures Taken

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. (GPW, art. 69.)

## 146. Capture Card

Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp,



likewise in case of sickness or transfer to hospital or to another camp, every prisoner 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. (GPW, art. 70.)

## 147. Correspondence

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 two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed 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 in-ability 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.



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 prisoner of war mail must be securely sealed and labeled so as clearly to indicate their


contents, and must be addressed to offices of destination. (GPW, art. 71.)

## 148. Relief Shipments

Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective



shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers musical instruments 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 Convention.



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 organization 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 collective relief shall, if necessary, be the subject of



special agreements 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. (GPW, art. 72.)

## 149. Special Agreements For Collective Relief Shipments

In the absence of special agreements between the Powers concerned on the conditions for the receipt and


distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.



The special agreements referred to above shall in no case restrict the right of prisoners' 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 interest 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 organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. (GPW, art. 73.)

## 150. Exemption From Postal And Transport Charges



a. Treaty Provision.

All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence relief shipments and authorized remittances of money addressed to prisoners of 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 destination, 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 Detaining 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 concerned, the costs connected with transport of


such shipments, other than costs covered by the above exemption, shall be charged to the senders.



The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams


sent by prisoners of war, or addressed to them. (GPW, art. 74.)


b. The Universal Postal Convention provides that correspondence, parcel post, insured letters and boxes and


postal money orders ad-dressed to, or sent by, prisoners of war and interned civilians are exempt from postal charges. (Article 37, Universal Postal Convention of 1952, T. I. A. S. 2800.)



To enjoy these franking privileges the article must bear the notation *"Service des prisonniers de guerre"* (Prisoners


of War Service) or *"Service des internes"* (Internees Service) which may be followed by a translation.



## 151. Special Means Of Transport

Should military operations prevent the Powers concerned from fulfilling their obligation to assure the


transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts.



Such transport may also be used to convey: (a) correspondence, lifts and reports exchanged between the Central Information Agency referred to in


Article 123 and the National Bureaux referred to in Article 122;


(b) correspondence and reports relating to prisoners of war which the Protecting Powers, the International


Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict.



These provisions in no way detract from the right of any Party to the conflict to arrange other means of



transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.



In the absence of special agreements, the costs occasioned by the use of such means of transport shall be


borne proportionately by the Parties to the conflict whose nationals are benefited thereby.(GPW, art. 75.)

## 152. Censorship And Examination

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 consignments 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. (GPW, art. 76.)

## 153. Preparation, Execution, And Transmission Of Legal Documents

The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the


Central Prisoners of War Agency provided for in Article 123, of instrument 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 signatures. (GPW, art. 77.)

## Section Xv. Relations Of Prisoners Of War And The Authorities 154. Complaints And Requests

Prisoners of war shall have the right to make known to the military authorities in whose power they are,


their requests regarding the conditions of captivity to which they are subjected.



They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either



through their prisoners' 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 captivity.



These requests and complaints shall not be limited nor considered to be a part. of the correspondence quota



referred to in Article 71. They must be transmitted immediately. Even if they are recognized 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. (GPW, art. 78.)

## 155. Election Of Prisoners' Representatives

In all places where there are prisoners of war, except in those where there are officers, the prisoners shall


freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any either organization which may assist them. These prisoners' representatives shall be eligible for re-election.



In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the


prisoners of war shall be recognized 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 stationed 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' representatives shall be chosen from among those prisoners of war who are not officers.


Every representative elected must be approved by the Detaining 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 (GPW, art. 79.)

## 156. Duties Of Prisoners' Representatives



a. Treaty Provision.

Prisoners' representatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this



organization will be within the province of the prisoners' representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners' representatives shall not be held responsible simply by reason of their duties, for any offences committed by prisoners of war. (GPW, art. 80.)


b. Rights and Duties. The rights and duties of prisoners' representatives are set forth in the following articles of


GPW: 57 (par. 133); 78-81 (paras. 154-157); 98 (par. 174); 104 (par. 180); 107 (par. 183); 125 (par. 206); and 127 (par.

14).



## 157. Prerogatives Of Prisoners' Representatives

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 prisoners such assistants as they may require. All



material facilities 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' representative.



All facilities shall likewise be accorded to the prisoners' representatives 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 detachment 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 affairs.



In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. (GP W, art. 81.)

## Section Xvi. Penal And Disciplinary Sanctions 158. Applicable Legislation



a. Prisoners of War.
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 disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.



If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of 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. (GPW, art. 82.)


b. Retained Medical Personnel, Chaplains, and Persons of Like Status. Retained medical personnel, chaplains,



and persons of like status benefit from the disciplinary and penal safeguards prescribed by Articles 82-108, *GPW* (paras. 158-184).



## 159. Choice Of Disciplinary Or Judicial Proceeding

In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of



war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. (GPW, art. 83.)

## 160. Courts

A prisoner of war shall be tried only by a military court, unless existing laws of the Detaining Power



expressly permit the civil courts to try a member of the armed forces of the Detaining 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 guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defense provided for in Article 105. (GPW, art. 84.)

## 161. Acts Committed Before Capture



a. Treaty Provision.

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. (GPW, art. 85.)



b. Applicability. The foregoing provision applies only to personnel who are entitled to treatment as prisoners of



war, including prisoners accused of war crimes under international or national law.



c.

In signing and ratifying *GPW* several nations indicated that they would not consider themselves bound by the



obligation which follows from the foregoing provision to extend the application of the Convention to prisoners of war who have been convicted of having committed war crimes and crimes against humanity and that persons so convicted would be subject to the conditions obtaining in the country in question for those who undergo punishment.



## 162. Repetition Of Punishment

No prisoner of war may be punished more than once for the same act or on the same charge. (GPW, art. 86.)

## 163. Penalties

a. Treaty Provision.


Prisoners of war may not be sentenced by the military authorities 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 Detaining Power shall take into consideration, to the



widest extent possible, the fact that the accused, not being a national of the Detaining Power, 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. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation 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 punishment, imprisonment in premises without daylight


and, in general, any form of torture or cruelty, are forbidden.



No prisoner of war maybe deprived of his rank by the Detaining Power, or prevented from wearing his


badges (GPW, art. 87.)


b. Persons to Whom Applicable. The foregoing provision applies only to personnel who are entitled to treatment



as prisoners of war, including prisoners accused of war crimes.


## 164. Execution Of Penalties

Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial



punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.



A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst



undergoing punishment 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 sentenced to a punishment more severe, or treated



whilst undergoing 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 sentences may not be treated differently from


other prisoners of war. (GPW, art. 88.)

## 165. Forms Of Disciplinary Punishment



The disciplinary punishments applicable to prisoners of war are the following: (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of



war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.

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


Convention.



(3) **Fatigue duties not exceeding two hours daily.** (4) **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.


(GPW, art. 89.)

## 166. Duration Of Disciplinary Punishment

The duration of any single punishment shall in no case exceed thirty days. Any period of confinement



awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.



The maximum of thirty days provided above may not be exceeded, even if the prisoner of 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 disciplinary punishment and its execution shall not


exceed one month.



When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall



elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. (GPW, art. 90.)

## 167. Successful Escape



The escape of a prisoner of war shall be deemed to have succeeded when: (1) he has joined the armed forces of the Power on which he depends, or those of an 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. (GPW, art. 91.)

## 168. Unsuccessful Escape

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.

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 safe-guards granted them by the present Convention. (GPW, art. 92.)

## 169. Connected Offenses

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating



circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect 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 facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, 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. (GPW, art. 93.)

## 170. Notification Of Recapture

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. (*GPW, art. 94.*)

## 171. Confinement Awaiting Hearing

A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the



hearing unless a member 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.



Any period spent by a prisoner of war in confinement awaiting the disposal of an offense against discipline



shall be reduced to an absolute minimum and shall not exceed fourteen days.



The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement


awaiting the disposal of offences against discipline. (GPW, art. 95.)

## 172. Competent Authorities And Right Of Defense



a. Treaty Provision.

Acts which constitute offences against discipline shall be investigated 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 conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced 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 representatives of the Protecting Power. (GPW, art. 96.)


b. Officers Exercising Disciplinary Jurisdiction. Either a camp commander, or a responsible officer who replaces



him, or an officer to whom he has delegated disciplinary powers may impose disciplinary punishments on prisoners of war interned by the United States within the permissible limits established in Article 89, *GPW* (par. 165). It is not necessary that he be designated as summary court officer, and he is not subject to the limitations on the duration of commanding officers' nonjudicial punishment established by Article 15 of the Uniform Code of Military Justice.


## 173. Premises For Execution Of Punishment

Prisoners of war shall not in any case be transferred to penitentiary 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 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 non-commissioned


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. (GPW, art. 97.)

## 174. Essential Safeguards During Punishment

A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits



of the provisions of this Convention except in so far as these are necessarily 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 allowed to exercise and to stay in the open air at


least two 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 however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels. (GPW, art. 98.)

## 175. Judicial Proceedings: General Principles

No prisoner of war maybe 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 qualified advocate or counsel. (GPW, art. 99.)



## 176. Death Penalty

Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which am


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 Article 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. (GPW, art. 100.)

## 177. Delay In Execution Of The Death Penalty

If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the



expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. (GPW, art. 101.)

## 178. Conditions For Validity Of Sentence


a. Treaty Provision.
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. (GPW, art. 102.)


b. Interpretation. Prisoners of war, including those accused of war crimes against whom judicial proceedings are



instituted, are subject to the jurisdiction of United States courts-martial and military commissions. They are entitled to the same procedural safeguards accorded to military personnel of the United States who are tried by courts-martial under the Uniform Code of Military Justice or by other military tribunals under the laws of war. (See UCMJ, arts. 2 (9),
18, and 21.)

## 179. Confinement Awaiting Trial

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 three months.



Any period spent by a prisoner of war in confinement awaiting 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. (GPW, art. 103.)

## 180. Notification Of Proceedings

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 three weeks before the opening of the trial. This period of three 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.



The said notification shall contain the following information: (1) 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;



(2) Place of internment or confinement; (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' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. (GPW, art. 104.)

## 181. Rights And Means Of Defense

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defense 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 advocate 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 two 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 defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.



Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as 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 defence 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 Detaining Power shall advise the Protecting Power accordingly. (GPW, art. 105.)

## 182. Appeals

Every prisoner of war shall have, in the same manner as the embers 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. (GPW, art. 106.)

## 183. Notification Of Finding And Sentence

Any judgment and sentence pronounced upon a prisoner 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 of appeal.



Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the



first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing:


(1) the precise wording of the finding and sentence; (2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the


elements of the prosecution and the defence;


(3) notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at


the address previously made known to the Detaining Power. (GPW, art. 107.)

## 184. Execution Of Penalties

Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in



the same establishments and under the same conditions as in the ease 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 despatch 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 desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. (GPW, art. 108.)

## Section Xvii. Termination Of Captivity 185. Parole Permitted If Laws Of Their Country Allow



a. Treaty Provision.

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 forbidding 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 towards 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. (GPW, art. 21, 2d and 3d paras.)


b. Violation of Parole. Persons who violate the terms of their paroles are, upon recapture, treated as prisoners of



war but may be punished under the provisions of Article 134 of the Uniform Code of Military Justice for violation of parole.



## 186. Form And Substance Of Parole

The parole should be in writing and signed by the prisoner. It should state in clear and unequivocal language



exactly what acts the prisoner is obligated not to do, particularly as to whether he is bound to refrain from all acts against the captor or only from taking part. directly in military operations.


## 187. Parole Of United States Personnel

a. General Prohibition. Subject to the exception set forth in the following subparagraph, military personnel of the



United States Army are forbidden to give their parole to a Detaining Power.



b. Temporary Parole. A member of the United States Army may be authorized to give his parole to the enemy



that he will not attempt to escape, if such parole is authorized for the specific purpose of permitting him to perform certain acts materially contributing to the welfare of himself or of his fellow prisoners. Such authorization will extend only for such a short period of time as is reasonably necessary for the performance of such acts and will not normally be granted solely to provide respite from the routine rigors of confinement or for other purely personal relief. A parole of this nature may be authorized, for example, to permit a prisoner to visit a medical establishment for treatment or to allow a medical officer or chaplain to carry out his normal duties. A member of the United States Army may give a parole of this nature only when specifically authorized to do so by the senior officer or non-commissioned officer exercising command authority.


## 188. Direct Repatriation And Accommodation In Neutral Countries Of Wounded And Sick

Subject to the provisions of the third paragraph of this Article, 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 paragraph 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 repatriation under the first paragraph of this Article,



may be repatriated against his will during hostilities. (GPW, art. 109.)

## 189. Cases Of Repatriation And Accommodation



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


condition requires treatment and whose mental or physical fitness-seems to have been gravely diminished.



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


and permanently diminished.



The following may be accommodated in a neutral country: (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the



beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.



(2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened



by continued captivity, but whose accommodation in a neutral country might remove such a threat.



The conditions which prisoners of war accommodated in a neutral country must fulfill in order to permit



their repatriation shall be fixed, as shall likewise their status, by agreement between 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;


(2) Those whose mental or physical powers remain, even after treatment, considerably impaired. 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 concerning Mixed Medical Commissions annexed to the present Convention. (GPW, art. 110).


## 190. Internment In A Neutral Country

The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by



these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. (GPW, art. 111.)

## 191. Mixed Medical Commissions

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 functioning 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. (GPW, art. 112.)

## 192. Prisoners Entitled To Examination By Mixed Medical Commissions

Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick


prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions 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 depend, or by an organization duly recognized


by the said Power and giving assistance to the prisoners.



Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present


themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories.



The physician or surgeon of the same nationality as the prisoners 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. (GPW, art. 113.)

## 193. Prisoners Meeting With Accidents

Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the



provisions of this Convention as regards repatriation or accommodation in a neutral country. (GPW, art. 114.)



## 194. Prisoners Serving A Sentence

No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation



or for accommodation 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 prosecution 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 proceedings or the completion of the punishment. (GPW, art. 115.)

## 195. Costs Of Repatriation

The cost 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. (GPW, art. 116.)

## 196. Activity After Repatriation



a. Treaty Provision.

No repatriated person may be employed on active military service. (GPW, art. 117.)
b. Interpretation. The foregoing applies only to persons repatriated under Articles 109 through 116, *GPW* (paras.



what constitutes "active military service," Article 117 does not preclude a repatriated person from performing medical



or strictly administrative duties but does foreclose service in combat against the power formerly detaining the individual or an ally thereof.


## 197. Exchange Of Prisoners Of War

Exchange of prisoners of war, other than those whose repatriation is required by GPW, may be effected by



agreement between the belligerents. No belligerent is obliged to exchange prisoners of war, except if a general cartel requiring such exchange has been concluded. The conditions for exchange are as prescribed by the parties thereto, and exchanges need not necessarily be on the basis of number for number or rank for rank. (See par. 469.)

## 198. Release And Repatriation At Close Of Hostilities



Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In the absence of stipulations to the above effect in any agreement concluded between the Parties to the



conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute 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 two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of



repatriation from the frontiers of the Detaining Power.



(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of



war over its own territory as far as its frontier or its port of embarkation 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 apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. (GPW, art. 118.)

## 199. Asylum

A Detaining Power may, in its discretion, lawfully grant asylum to prisoners of war who do not desire to be



repatriated.



## 200. Details Of Procedure

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 provisions of Article 118 and to those of the following paragraphs.



On repatriation, any articles of value impounded from prisoners 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 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 personal 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 prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms [55 pounds].



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 the 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. (GPW, art. 119.)

## 201. Death

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 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 Convention, 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 certified 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 confirming death and enabling a report to be made and, where necessary, establishing identity.



The detaining authorities shall ensure that prisoners of war who have died in captivity are honorably 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 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. (GPW, art. 120.)

## 202. Prisoners Killed Or Injured In Special Circumstances

Every death or serious injury of a prisoner of war caused or suspected to have been caused by a 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 enquiry by the Detaining Power.



A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be



taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.



If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the


prosecution of the person or persons responsible. (GPW, art. 121.)

## Section Xviii. Information Bureaus And Relief Societies For Prisoners Of War 203. National Bureaus

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute



an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received 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 ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners 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 of 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 maybe sent.


The Information Bureau shall receive from the various departments concerned information regarding


transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.



Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously


wounded shall be supplied regularly, every week if possible.



The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners



of war, including those who have died in captivity; it will make any enquiries 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 authenticated by a signature or a seal. The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums



in currencies 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 articles 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. (GPW, art. 122.)


## 204. Central Agency

A Central Prisoners of War Information Agency shall be created in a neutral country. The International



Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.



The function of the Agency shall be to collect all the 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.



The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central


Agency, are re-quested to give the said Agency the financial aid it may require.



The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the


International Committee of the Red Cross, or of the relief societies provided for in Article 125. (GPW, art. 123.)

## 205. Exemption From Charges

The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail,


likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. (GPW, art. 124.)

## 206. Relief Societies And Other Organizations

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to



meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations maybe constituted in the territory of the Detaining Power or in any other country, or they may have an international character.



The Detaining Power may limit the number of societies and organizations whose delegates are allowed to


carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.



The special position of the International Committee of the Red Cross in this field shall be recognized and


respected at all times.



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 relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. (GPW, art. 125.)

## 207. Supervision

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 prisoners 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 temporary measure.



The Detaining Power and the Power on which the said prisoners 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 detaining the prisoners of war to be visited. (GPW, art. 126.)

## Chapter 4 The Wounded And Sick Section I. General Provisions 208. Protected Persons

a. Prisoners of War. *GWS* applies to the wounded and sick be-longing to the categories of persons listed in



paragraph A of Article 4, GPW; paragraph 61 herein (GWS, art. 13).



b. Other Persons. Wounded and sick persons who are in the hands of the enemy but who are not prisoners of war



benefit from those provisions of GC pertaining to the treatment and protection of the wounded and sick.



## 209. Wounded, Sick, And Shipwrecked Members Of Armed Forces At Sea

a. Hospital Ships. Military hospital ships, which are to be marked in the manner specified by Article 43, GWS



Sea, may in no circumstances be attacked and captured but must be respected and protected, provided their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. (*GWS Sea*, art. 22.) Any hospital ship in a port which falls into the hands of the enemy is to be authorized to leave the port. (*GWS Sea*, art. 29.)


b. Treaty Provision.

Hospital ships entitled to the protection of the Geneva Convention 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. (GWS, art. 20.)


c.

Coastal Rescue Craft. Small craft employed by a State or by the officially recognized lifeboat institutions for



coastal rescue operations are to be respected and protected, so far as operational requirements permit. (*GWS Sea*, art. 27.)
d. Retained Personnel and Wounded and Sick Put Ashore. The religious, medical, and hospital personnel of



hospital ships retained to care for the wounded and sick are on landing subject to GWS. (*GWS Sea*, art. 37.) Other forces put ashore become subject to GWS. (*GWS Sea*, art. 4.)



## 210. Application By Neutral Powers

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 territory, as well as to dead persons found. (GWS, art. 4.)

## 211. Duration Of Application

For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply


until their final repatriation. (GWS, art. 5.)

## 212. Special Agreements

In addition to the agreements expressly provided for in Articles 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 separate 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 Convention, nor restrict the rights which it confers upon them.



Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit 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. (GWS, art. 6.)

## 213. Non-Renunciation Of Rights

Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances


renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GWS, art. 7.)



## 214. Prohibition Of Reprisals

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


prohibited. (GWS, art. 46.)

## Section Ii. Wounded And Sick 215. Protection And Care



a. Treaty Provision.
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 upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.



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

The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as



military considerations permit, leave with them a part. of its medical personnel and material to assist in their care. (GWS, art. 12.)


b. National Habits and Backgrounds. The foregoing is not intended to prohibit concessions, particularly with



respect to food, clothing, and shelter, which take into account the different national habits and backgrounds of the wounded and sick.


## 216. Search For Casualties

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 Parties 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. (GWS, art. 15.)

## 217. Wounded Falling Into Enemy Hands

Parties to the conflict shall record as soon as possible, in respect 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) designation of the Power on which he depends; (b) army, regimental, personal or serial number; (c) surname;
(d) first name or names; (e) date of birth; (f) any other particulars shown on his identity card or disc; (g) date and place of capture or death; (h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above mentioned information shall be forwarded to the Information 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 authenticated 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, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. (GWS, art. 16.)


## 218. Graves Registration Service

Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as



circumstances permit, is preceded by a careful examination, 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 cremation 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 honorably 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 maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise 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.



As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through


the Information 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. (GWS, art. 17.)

## 219. Voluntary Care



a. Treaty Provision.

The military authorities may appeal to the charity of the in-habitants 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 occupying Power of its obligation to give both


physical and moral care to the wounded and sick. (GWS, art. 18.)


b. Compulsion in Occupied Areas. An occupying authority may not bring pressure to bear on the population in



order to induce them to give treatment to the wounded and sick.



## Transfers 220. Protection



a. Treaty Provision.

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 personnel shall be free to pursue their duties, as long as the capturing 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 imperil their safety. (GWS, art. 19.)



b. Nature of Protection Required. See paragraph 225b.



## 221. Search Of Medical Units, Establishments, And Transports

GWS does not confer immunity from search by the enemy on medical units, establishments, or transports.


## 222. Discontinuance Of Protection Of Medical Establishments And Units

The protection to which fixed establishments and mobile medical units of the Medical Service are entitled



shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. (GWS, art. 21.)

## 223. Conditions Not Depriving Medical Units And Establishments Of Protection



a. Treaty Provision.

The following conditions shall not be considered as depriving a medical unit or establishment of the



protection guaranteed by Article 19:


(1) That the personnel of the unit or establishment are armed, and that they use the arms in their own


defense, or in that of the wounded and sick in their charge.



(2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries



or by an escort.



(3) 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.



(4) That personnel and material of the veterinary service are found in the unit or establishment, without


forming an integral part. thereof.



(5) That the humanitarian activities of medical units and establishments or of their personnel extend to the


care of civilian wounded or sick. (GWS, art. 22.)


b. Self-Defense Defined. Although medical personnel may carry arms for self-defense, they may not employ such



arms against enemy forces acting in conformity with the law of war. These arms are for their personal defense and for the protection of the wounded and sick under their charge against marauders and other persons violating the law of war. Medical personnel who use their arms in circumstances not justified by the law of war expose themselves to penalties for violation of the law of war and, provided they have been given due warning to cease such acts, may also forfeit the protection of the medical unit or establishment of which they form part. or which they are protecting.



c.

Arms and Ammunition Taken From the Wounded and Sick. As provided in substance by the foregoing article,



the presence of such arms and ammunition in a medical unit or establishment is not of itself cause for denying the protection to be accorded such organizations under GWS. However, such arms and ammunition should be turned in as soon as practicable and, in any event, are subject to confiscation.



## 224. Hospital Zones And Localities

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 organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization 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 recognition 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 (GWS, art. 23.)

## 225. Protection Of Permanent Personnel



a. Treaty Provision. See Article 24, *GWS* (par 67). b. What Is Meant by Respect and Protection. The respect and protection accorded personnel of certain categories



by Articles 19 (par. 220), 24 (par. 67), and 25 (par. 226), GWS, mean that they must not knowingly be attacked, fired upon, or unnecessarily prevented from discharging their proper functions. The accidental killing or wounding of such personnel, due to their presence among or in proximity to combatant elements actually engaged, by fire directed at the latter, gives no just cause for complaint.


## 226. Protection Of Auxiliary Personnel



a. Treaty Provision.

Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies,



nurses or auxiliary stretcher-bearers, 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. (*GWS, art. 25*.)

b. Nature of Protection. See paragraph 225 b, and Article 29, *GWS* (par. 68).



## 227. Personnel Of Aid Societies

See Article 26, *GWS* (par. 69).


## 228. The American National Red Cross

The American National Red Cross is the only voluntary aid society now authorized by this Government to render



aid to the Army Medical Service in time of war, and any other society desiring to render similar assistance can do so only through the American National Red Cross (Pres. Proc., 22 Aug. 1911, *37 Stat. 1716*). The President is authorized to accept the assistance tendered by the Red Cross and to employ the same under the Armed Forces (act 17 Jul 1953, 67 Stat. 178; 36 U.S.C. 17, 17a.) Personnel of the Red Cross serving with or accompanying an armed force in the field in time of war or serving with or accompanying the armed forces without the continental limits of the United States and certain named territories are subject to the Uniform Code of Military Justice *(UCMJ, Art. 2 (10) (11)*).



## 229. Societies Of Neutral Countries

A recognized 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 the authorization 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 adversary 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 interference 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. (GWS, art. 97.)

## 230. Retained Personnel



a. Treaty Provision.

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 Prisoners 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 continue 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 authorized to visit periodically the prisoners of war in labour units or hospitals outside the


camp. The Detaining Power shall put at their disposal the means of transport required.



(b) 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 regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated 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.



(c) 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 arrangements 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. (GWS, art. 28.)


b. Discipline. See paragraph 67.


## 231. Return Of Religious And Medical Personnel



a. Treaty Provision.
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 the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfill their duties under the orders of the adverse Party and shall preferably 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. (GWS, art. 30.)


b. Security Measures. Nothing in the foregoing article precludes reasonable measures to prevent such personnel,



upon their return to their own army, from carrying information of strategic or tactical value. The movements and activities of religious and medical personnel whose return is contemplated may be restricted as far as reasonably necessary to prevent their acquisition of such information, provided they are not thereby denied the facilities afforded them by Article 28, *GWS* (par. 230). Should they become possessed of such information, their return to their own army may be delayed until the information has ceased to be of substantial value.



## 232. Selection Of Personnel For Return

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. (GWS, art. 31.)

## 233. Return Of Personnel Belonging To Neutral Countries



a. Treaty Provision.

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, personal articles and valuables and the


instruments, arms and if possible the means of transport belonging to them.



The Parties to the conflict shall secure to this personnel, while in their power, the same food, 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. (GWS, art. 32.)


b. Security Measures. Security measures similar to those taken with respect to religious and medical personnel



(par. 231b) may be applied to personnel of aid societies of neutral countries.



## 234. Buildings And Stores

a. Treaty Provision.


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 establishments 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. (GWS, art. 33.)
b. Material of Mobile Medical Units. The material of mobile medical units falling into the hands of the enemy



need not be restored to the belligerent from whom it was taken. It must, however, be used only for the care of the wounded and sick, and does not constitute war booty, within the meaning of Article 53, HR (paras. 403, 408) or unwritten international law, until *GWS* ceases to be operative.



## 235. Property Of Aid Societies

The real and personal property of aid societies which are admitted to the privileges of the Convention shall


be regarded as private property.



The right of requisition recognized 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. (GWS, art. 34.)

## 236. Protection Of Medical Transports



a. Treaty Provision.

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 condition 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. (GWS, art. 35.)


b. Civilian Personnel. The rules of international law applicable to civilians connected with medical transports



may vary depending on whether such persons accompany the armed forces (GPW, art. 4A (4); par. 61 herein) are members of the staff of voluntary aid societies either of a belligerent State (GWS, art. 26; par. 69 herein) or of a neutral State (GWS, art. 27; par. 229 herein), or are civilians not otherwise protected by GWS or *GPW (GC, art. 4;* par. 247 herein).



## 237. Medical Aircraft



a. Treaty Provision.

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 belligerents concerned.


They shall bear, clearly marked, the distinctive emblem prescribed 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 enemy-occupied 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 enemy-occupied territory, the wounded and sick, as well


as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following. (GWS, art. 36.)


b. Converted Aircraft. It is not necessary that the aircraft should have been specially built and equipped for



medical purposes. There is no objection to converting ordinary aircraft into medical aircraft or to using former medical aircraft for other purposes, provided the distinctive markings are removed.


## Section Iv. The Red Cross Emblem 238. Emblem Of The Convention



a. Treaty Provision.
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 emblem, in place of the red cross, the red crescent



or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention. (GWS, art. 38.)


b. Emblems Other Than the Red Cross. Turkey uses the Red Crescent; Iran, the Red Lion and Sun. Israel signed


GWS subject to the reservation that it will use a Red Shield of David as its distinctive sign.



c.

Misuse of the Emblem. See Article 23 (f), HR (par. 52). See also pertinent United States statutes.



## 239. Use Of The Emblem

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. (GWS, art. 39.)

## 240. Identification Of Medical And Religious Personnel

The personnel designated in Article 24 and in Articles 26 and 27 [Articles 36 and 37 of *GWS Sea*] shall wear,



affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.



Such personnel, in addition to wearing the identity disc mentioned in Article 16 [Article 19 of *GWS Sea*],



shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant 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 finger-prints 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 conflict 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 using. 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 armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced. (GWS, art. 40.)

## 241. Identification Of Auxiliary Personnel

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 personnel 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. (GWS, art. 41.)

## 242. Marking Of Medical Units And Establishments

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 accompanied 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 Convention.



Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the


distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. (GWS, art. 42.)

## 243. Marking Of Units Of Neutral Countries

The medical units belonging to neutral countries which may have been authorized 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 belligerent, wherever the latter makes use of the faculty conferred on him by Article 42.



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. (GWS, art. 43.)



## 244. Restrictions In The Use Of The Emblem

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 establishments, the personnel and material protected by the present 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 distinctive 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 organizations and their duly authorized 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 legislation and with the express permission of one of


the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to 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. (GWS, art. 44.)

## 245. United States Reservation

The United States, in ratifying the Geneva Convention * * * does so with the reservation that * * * nothing



contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5,1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground. (T. I. A. S. 3362.)

## Chapter 5 Civilian Persons Section I. General Provisions 246. Protection Of Civilians Generally

The protection of civilian persons is governed by both GC and HR, the former supplementing the latter insofar as



both relate to occupied territory. Certain provisions of GC are applicable only in the territory of a party to the conflict, others to belligerently occupied territory, a number to both or to civilian populations generally. Those relating exclusively to occupied areas appear in chapter 6, while the requirements of GC having to do with the territory of a belligerent or with both such territory and occupied territory or with the general protection of civilian persons are set forth in this chapter.



## 247. Definition Of Protected Persons

a. Treaty Provision.



Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find



themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.



Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral



State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.



The provisions of Part II are, however, wider in application, as defined in Article 13. Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and


Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention. (GC, art. 4.)


b. Interpretation. Subject to qualifications set forth in paragraph 248, those protected by GC also include all



persons who have engaged in hostile or belligerent conduct but who are not entitled to treatment as prisoners of war.



c.

Wider Scope of Certain Articles. Part II, GC (sec. II of this chapter), has a broader scope than the rest of GC.



(See GC, art. 13; par. 252 herein.)

## 248. Derogations



a. Domestic and Occupied Territory.

Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is



definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.



Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person



under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.



In each case such persons shall nevertheless be treated with humanity, and in ease of trial, shall not be



deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be. (GC, art. 5.) (See also par. 73.)


b. Other Area. Where, in territories other than those mentioned in a above, a Party to the conflict is satisfied that



an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person is similarly not en-titled to claim such rights and privileges under GC as would, if exercised in favor of such individual person, be prejudicial to the security of such State.



c.

Acts Punishable. The foregoing provisions impliedly recognize the power of a Party to the conflict to impose



the death penalty and lesser punishments on spies, saboteurs, and other persons not entitled to be treated as prisoners of war, except to the extent that that power has been limited or taken away by Article 68, GO (par. 438).



## 249. Beginning And End Of Application



a. Treaty Provision.

The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to the conflict, the application of the present Convention shall cease on the general


close of military operations.



In the case of occupied territory, the application of the present Convention shall cease one year after the



general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.


Protected persons whose release, repatriation or re-establishment may take place after such dates shall


meanwhile continue to benefit by the present Convention. (GC, art. 6.)


b. Reestablishment of Protected Persons. The word "reestablishment," as used in a, refers to protected persons



who cannot be repatriated because, for example, they would be liable to persecution in their own country, or because their homes have been destroyed.


## 250. Special Agreements

In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149,



the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.



Protected persons shall continue to have the benefit of such agreements as long as the Convention is



applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. (GC, art. 7.)

## 251. Non-Renunciation Of Rights

Protected persons may in no circumstances renounce in part. or in entirety the rights secured to them by the



present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GC, art. 8.)


## Section Ii. General Protection Of Populations Against Certain Consequences Of War 252. Field Of Application



a. Treaty Provision.

The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse



distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war. (GC art. 13.)


b. The State and Its Own Nationals. The provisions mentioned in a concern not only the relations between a given



nation and aliens but also the relations between a nation and its own nationals, and also apply to neutral inhabitants of the countries in conflict.


## 253. Hospital And Safety Zones And Localities

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may



establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant-mothers and mothers of children under seven.



Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on


mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.



The Protecting Powers and the International Committee of the Red Cross are invited to lend their good


offices in order to facilitate the institution and recognition of these hospital and safety zones and Localities. (GC, art. 14.)

## 254. Neutralized Zones



a. Treaty Provision.

Any Party to the conflict may, either director through a neutral State or some humanitarian organization,



propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:


(a) wounded and sick combatants or non-combatants; (b) civilian persons who take no part. in hostilities, and who, while they reside in the zones, perform no work


of a military character.



When the Parties concerned have agreed upon the geographical position, administration, food supply and



supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone. (GC, art. 15.)


b. By Whom Agreements Concluded. The agreements mentioned in a and elsewhere in this section may be



concluded either by the governments concerned or by subordinate military commanders.


## 255. General Protection Of Wounded And Sick

The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular


protection and respect.



As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for


the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment. (GC, art. 16.)

## 256. Evacuation Of Wounded And Sick

The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or


encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. (GC, art. 17.)

## 257. Protection Of Hospitals

Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no


circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.


States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they


are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.



Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva


Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State.



The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make


the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.



In view of the dangers to which hospitals may be exposed by being close to military objectives, it is


recommended that such hospitals be situated as far as possible from such objectives. (GC, art. 18.)

## 258. Discontinuance Of Protection Of Hospitals A. Treaty Provision. The Protection To Which Civilian Hospitals Are Entitled Shall Not Cease Unless They Are Used To Commit, Outside



their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.


The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of


small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy. (GC, art. 19.)


b. Meaning of Acts Harmful to the Enemy. Acts harmful to the enemy are not only acts of warfare proper but any



activity characterizing combatant action, such as setting up observation posts or the use of the hospital as a liaison center for fighting troops.


## 259. Hospital Staff



a. Treaty Provision.

Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the


personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.



In occupied territory and in zones of military operations, the above personnel shall be recognizable by means



of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.



Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to


respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.



The management of each hospital shall at all times hold at the disposal of the competent national or


occupying authorities an up-to-date list of such personnel. (GC, art. 20.)


b. Interpretation. The persons "regularly and solely engaged in the operation and administration of civilian



hospitals" include all members of the professional staff and all employees of hospitals, whether or not in direct contact with the wounded and sick, provided they have no occupation other than their work in the hospitals.



## 260. Land And Sea Transport

Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and


sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. (GC, art. 21.)

## 261. Air Transport

Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases,


or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.



They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for


the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.



Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its



occupants may continue its flight after examination if any. (GC, art. 22.)



## 262. Consignments Of Medical Supplies, Food, And Clothing

Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores



and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.



The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the



preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:



(a) that the consignments may be diverted from their destination, (b) that the control may not be effective, or (c) that a definite advantage may accrue to the military efforts or economy of the enemy through the



substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods.



The Power which allows the passage of the consignments indicated in the first paragraph of this Article may


make such permission conditional on the distribution of the persons benefited thereby being made under the local supervision of the Protecting Powers.



Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage


shall have the right to prescribe the technical arrangements under which such passage is allowed. (GC, art. 23.)



## 263. Measures Relating To Child Welfare

The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are



orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.



The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration



of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.



They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing


of identity discs, or by some other means. (GC, art. 24.)

## 264. Family News

All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give



news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.



If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the



ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfillment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.



If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be



confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms dispatched to one each month. (GC, art. 25.)

## 265. Dispersed Families

Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war,



with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. (GC, art. 26.)

## Section Ill. Provisions Common To The Territories Of The Parties To The Conflict And To Occupied Territories 266. General

Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family


rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.



Women shall be especially protected against any attack on their honour, in particular against rape, enforced


prostitution, or any form of indecent assault.



Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall


be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.



However, the Parties to the conflict may take such measures of control and security in regard to protected


persons as may be necessary as a result of the war. (GC, art, 27.)



## 267. Danger Zones

The presence of a protected person may not be used to render certain points or areas immune from military



operations. (GC, art. 28.)

## 268. Responsibilities

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. (GC, art. 29.)

## 269. Application To Protecting Powers And Relief Organizations

Protected persons shall have every facility for making application to the Protecting Powers, the International


Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.



These several organizations shall be granted all facilities for that purpose by the authorities, within the


bounds set by military or security considerations.



Apart. from the visits of the delegates of the Protecting Powers and of the International Committee of the



Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons. (GC, art. 30.)

## 270. Prohibition Of Coercion



a. Treaty Provision.
No physical or moral coercion shall be exercised against protected persons, in particular to obtain


information from them or from third parties. (GC, art. 31.)

b. Guides. Among the forms of coercion prohibited is the impressment of guides from the local inhabitants.



## 271. Prohibition Of Corporal Punishment, Torture, Etc.

The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of



such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. (GC, art. 32.)

## 272. Individual Responsibility, Collective Penalties, Reprisals, Pillage

No protected person may be punished for an offence he or she has not personally committed. Collective


penalties and likewise all measures of intimidation or of terrorism are prohibited.



Pillage is prohibited. Reprisals against protected persons and their property are prohibited. (GC, art. 33.) (See also paras. 47 and


397.)


## 273. Hostages

The taking of hostages is prohibited. (GC, art. 34.)



## Section Iv. Aliens In The Territory Of A Party To The Conflict 274. Right To Leave The Territory

All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be



entitled to do so, unless their departure is contrary to the national interest of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.



If any such person is refused permission to leave the territory, he shall be entitled to have such refusal



reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.



Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the


persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied per-mission to leave. (GC, art. 35.)

## 275. Conditions Of Departure

Departures permitted under the foregoing Articles shall be carried out in satisfactory conditions as regards



safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.



The foregoing shall not prejudice such special agreements as may be concluded between Parties to the


conflict concerning the exchange and repatriation of their nationals in enemy hands. (GC, art. 36.)

## 276. Persons In Confinement

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.



(GC, art. 37. )



## 277. Non-Repatriated Persons: General

With the exception of special measures authorized by the present Convention, in particular by Articles 27


and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:



(1) They shall be enabled to receive the individual or collective relief that may be sent to them. (2) They shall, if their state of health so requires, receive medical attention and hospital treatment to the



same extent as the nationals of the State concerned.



(3) They shall be allowed to practice their religion and to receive spiritual assistance from ministers of their


faith.

(4) If they reside in an area particularly exposed to the dangers of war, they shall be authorised to move


from that area to the same extent as the nationals of the State concerned.



(5) Children under fifteen years, pregnant women and others of children under seven years shall benefit by


any preferential treatment to the same extent as the nationals f the State concerned. (GC, art. 38.)



## 278. Non-Repatriated Persons: Means Of Existence

Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the



opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.



Where a Party to the conflict applies to a protected person methods of control which result in his being



unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.



Protected persons may in any case receive allowances from their home country, the Protecting Power, or the


relief societies referred to in Article 30. (GC, art. 39. )



## 279. Non-Repatriated Persons: Employment

Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict


in whose territory they are.



If protected persons are of enemy nationality, they may only be compelled to do work which is normally



necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.



In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the


benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.



If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint


in accordance with Article 30. (GC, art. 40.)

## 280. Internment Or Assigned Residence



a. Treaty Provision.
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 (GC, art. 41.)


b. Penal Legislation. The foregoing provision does not preclude the application of ordinary penal legislation to


protected persons.


## 281. Grounds For Internment Or Assigned Residence; Voluntary Internment

The internment or placing in assigned residence of protected persons may be ordered only if the security of



the Detaining Power makes it absolutely necessary.



If any person, acting through the representatives of the Protecting Power, voluntarily demands internment



and if his situation renders this step necessary, he shall be interned by the Power in whose hand he may be. (GC, art. 42.)

## 282. Procedure



a. Treaty Provision.
Any protected person who has been interned or placed in assigned residence shall be entitled to have such



action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case with a view to the favorable 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. (GC, art. 43.)


b. Prohibited Areas. The term "assigned residence" refers to measures taken with respect to individuals or



families and does not include prohibitions on entry into or residence in specified zones, which have been imposed on groups of people by reason of their nationality or like criteria.


## 283. Refugees



a. Treaty Provision.

In applying the measures of control mentioned in the present Convention, the Detaining Power shall not


treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government. (GC, art. 44.)


b. Purpose. The purpose of the foregoing article is to insure that refugees who may only technically remain



enemy aliens are not on that basis automatically subject to control measures, notwithstanding the fact they actually are not protected by their government. However, the quoted provision does not in any way deny the right of a State to intern any such person or subject him to any other recognized measure of control when there is any additional reason that renders necessary the taking of such action as may be required for the security of the State in a moment of national crisis.



## 284. Transfer To Another Power



Protected persons shall not be transferred to a Power which is not a party to the Convention. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their


return to their country of residence after the cessation of hostilities.



Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present



Convention after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.



In no circumstances shall a protected person be transferred to a country where he or she may have reason to



fear persecution for his or her political opinions or religious beliefs.



The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition


treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. (GC, art. 45.)

## 285. Cancellation Of Restrictive Measures

In so far as they have not been previously withdrawn, restrictive measures taken regarding protected


persons shall be cancelled as soon as possible after the close of hostilities.



Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining


Power, as soon as possible after the close of hostilities. (GC, art. 46.)

## Section V. Regulations For The Treatment Of Internees 286. Cases Of Internment And Provisions Applicable

The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of


Articles 41, 42, 43, 68 and 78. (GC, art. 79.)

## 287. Civil Capacity

Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible


with their status. (GC, art. 80.)

## 288. Maintenance

Parties to the conflict who intern protected persons shall be bound to provide free of charge for their


maintenance, and to grant them also the medical attention required by their state of health.



No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of


these costs.



The Detaining Power shall provide for the support of those dependent on the internees, if such dependents



are without adequate means of support or are unable to earn a living. (GC, art. 81.)



## 289. Grouping Of Internees

The Detaining Power shall, as far as possible, accommodate the internees according to their nationality


language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages.



Throughout the duration of their internment, members of the same family, and in particular parents and



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



Wherever possible, interned members of the same family shall be housed in the same premises and given



separate accommodations from other internees, together with facilities for leading a proper family life. (GC, art. 82. )


## 290. Location Of 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.



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. (GC, art. 83.)

## 291. Separate Internment

Internees shall be accommodated and administered separately from prisoners of war and from persons


deprived of liberty for any other reason. (GC, art. 84.)

## 292. Accommodation; Hygiene

The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons



shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas, or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.



The premises shall be fully protected from dampness, adequately heated and lighted, in particular between


dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.



Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of



hygiene and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning.



Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who



are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory. (GC, art. 85.)

## 293. Premises For Religious Services

The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises


suitable for the holding of their religious services. (GC, art.. 86.)

## 294. Canteens



a. Treaty Provision.

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



Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal 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, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. (GC, art. 87.)


b. Limitation on Privilege. Interned persons are not entitled to more favorable treatment than the population at



large with respect to canteen facilities and are equally subject to regulations, such as those pertaining to rationing, which are applied to the population generally.



## 295. Air-Raid Shelters And Protective Measures

In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and


structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.



All due precautions must be taken in places of internment against the danger of fire. (GC, art. 88.)

## 296. Food

Daily food rations for internees shall be sufficient in quantity, quality, and variety to keep internees in a



good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.



Internees shall also be given the means by which they can prepare for themselves any additional food in their


possession.



Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted. Internees who work shall receive additional rations in proportion to the kind of labour which they perform. Expectant and nursing mothers, and children under fifteen years of age, shall be given additional food, in


proportion to their physiological needs. (GC, art. 89.)

## 297. Clothing

When taken into custody, internees shall be given all facilities to provide themselves with the necessary



clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.



The clothing supplied by the Detaining Power to internees and the outward markings placed on their own


clothes shall not be ignominious nor expose them to ridicule.



Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their


work so requires. (GC, art. 90.)

## 298. Medical Attention

Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where



internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.



Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment,


a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.



Internees shall, for preference, have the attention of medical personnel of their own nationality. Internees may not be prevented from presenting themselves to the medical authorities for examination. The



medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140.


Treatment, including the provision of any apparatus necessary for the maintenance of internees in good


health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee. (GC, art. 91.)

## 299. Medical Inspection

Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to



supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination. (GC, art. 92)



## 300. Religious Freedoms

Internees shall enjoy complete latitude in the exercise of their religious duties including attendance at the


services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.


Ministers of religion who are interned shall be allowed to minister freely to the members of their community.



For this purpose, the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part. of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.



When internees do not have at their disposal the assistance of ministers of their faith, or should these latter



be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security. (GC, art. 93.)

## 301. Recreational Study, Sports, And Games

The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games



amongst internees, whilst leaving them free to take part. in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.



All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The


education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside.



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


sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people. (GC, art. 94.)

## 302. Working Conditions



a. Treaty Provision.
The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if



undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.



After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight



days' notice.



These provisions constitute no obstacle to the right of the Detaining power to employ interned doctors,


dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.



The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the



payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. (GC, art. 95.)


b. Wages. Since internees are free of normal financial responsibilities, they are not entitled to receive from the



Detaining Power by way of wages the whole of the amount paid over by their employers.


## 303. Labor Detachments

All labour detachments shall remain part. of and dependent upon a place of internment. The competent



authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment. (GC, art. 96.)

## 304. Valuables And Personal Effects

Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in


their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.



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


may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent.



Articles which have above all a personal or sentimental value may not be taken away. A woman internee shall not be searched except by a woman.

On release or repatriation, internees shall be given all articles, monies or other valuables taken from them


during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.



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



given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.



Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons,



to enable them to make purchases. (GC, art. 97.)

## 305. Financial Allowance And Individual Accounts

All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such


as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.



Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting


Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they


owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention.



The Detaining Power shall open a regular account for every internee, to which shall be credited the



allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer. (GC, art. 98.)


## 306. Camp Administration

Every place of internment shall be put under the authority of a responsible officer, chosen from the regular



military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.



The text of the present Convention and the texts of special agreements concluded under the said Convention



shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.



Regulations, orders, notices and publications of every kind shall be communicated to the internees and


posted inside the places of internment, in a language which they understand.



Every order and command addressed to internees individually, must likewise, be given in a language which



they understand. (GC, art. 99.)

## 307. General Discipline

The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in


no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited.



In particular, prolonged standing and roll-calls, punishment drill, military drill and maneuvers, or the


reduction of food rations, are prohibited. (GC, art. 100.)

## 308. Complaints And Petitions



a. Treaty Provision.

Internees shall have the right to present to the authorities in whose power they are, any petition with regard


to the conditions of internment to which they are subjected.



They shall also have the right to apply without restriction through the Internee Committee or, if they



consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.



Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter



are recognized to be unfounded, they may not occasion any punishment.



Periodic reports on the situation in places of internment and as to the needs of the internees, may be sent by


the Internee Committees to the representatives of the Protecting Powers. (GC, art. 101.)


b. Censorship. The Detaining Power has the right to examine and censor the complaints, petitions, and reports



referred to above in the same manner as correspondence addressed to internees or dispatched by them. It may also examine such complaints and reports to the representatives of the Protecting Power to verify that they are what they purport to be and to delete matter not constituting either a complaint or a report within the meaning of the foregoing provision.



## 309. Election Of Internee Committees

In every place of internment, the internees shall freely elect by secret ballot every six months, the members


of a Committee empowered to represent them before the Detaining and the Protecting Powers, the International



Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election.



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


authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. (GC, art. 102.)

## 310. Duties Of Internee Committees



The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees. In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this



organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention. (GC, art. 103.)

## 311. Prerogatives Of Internee Committees

Members of Internee Committees shall not be required to perform any other work, if the accomplishment of



their duties is rendered more difficult thereby.



Members of Internee Committees may appoint from amongst the internees such assistants as they may



require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).



All facilities shall likewise be accorded to members of Internee Committees for communication by post and



telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part. of the quota mentioned in Article 107.



Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their



successors with current affairs. (GC, art. 104.)

## 312. Notification Of Measures Taken

Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which


they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures. (GC, art, 106.)

## 313. Internment Card

As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment,



and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, in- forming 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. (GC, art. 106.)

## 314. Correspondence

Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to



limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.



Internees who have been a long time without news, or who find it impossible to receive news from their



relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent.



As a rule, internees' mail shall be written in their own language. The Parties to the conflict may authorize



correspondence in other languages. (GC, art. 107.)

## 315. Relief Shipments

Internees shall be allowed to receive, by post or by any other means, individual parcels or collective



shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.



Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be


given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments.



The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the



subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. (GC, art. 108.)



## 316. Collective Relief

In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt


and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.



The special agreements provided for above shall in no case restrict the right of Internee Committees to take


possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients.



Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International


Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. (GC, art. 109.)

## 317. Exemption From Postal And Transport Charges



a. Treaty Provision.

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, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances.



The cost of transporting relief shipments which are intended for internees and which, by reason of their


weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.



Costs connected with the transport of such shipments which are not covered by the above paragraphs, shall


be charged to the senders.



The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by


internees, or addressed to them. (GC, art. 110.)

b. Exemption Under Universal Postal Convention of 1952. See paragraph 150b.



## 318. Special Means Of Transport

Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the


conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts.



Such transport may also be used to convey:


(a) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136;


(b) correspondence and reports relating to internees which the Protecting Powers, the International


Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.



These provisions in no way detract from the right of any Party to the conflict to arrange other means of



transport if it should so prefer, nor precluding the granting of safe-conducts, under mutually agreed conditions, to such means of transport.



The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of


the shipments, by the Parties to the conflict whose nationals are benefited thereby. (GC, art. 111.)

## 319. Censorship And Examination


## A. Treaty Provision. The Censoring Of Correspondence Addressed To Internees Or Dispatched 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 in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.



Any prohibition of correspondence ordered by the Parties to the conflict either for military or political


reasons, shall be only temporary and its duration shall be as short as possible. (GC, art. 112.)


b. Material Subject to Censorship. The Detaining Power may examine and censor all communications sent to or



by internees, including correspondence and telegrams (GC, art. 107; par. 314 herein) and relief shipments ( GC, art, 108; par. 315 herein) with a view to deleting matter prejudicial to its military security. See paragraph 308b concerning the censorship of complaints, petitions, and reports submitted pursuant to Article 101, GC.



## 320. Execution And Transmission Of Legal Documents

The Detaining Powers shall provide all reasonable facilities for the transmission through the Protecting


Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or dispatched by them.



In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such


documents on behalf of internees, in particular by allowing them to consult a lawyer. (GC, art. 123.)



## 321. Management Of Property

The Detaining Power shall afford internees all facilities to enable them to manage their property, provided



this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow. (GC, art. 114.)

## 322. Facilities For Preparation And Conduct Of Cases

In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he 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 anyway 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. (GC, art. 115.)

## 323. Visits

Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as


frequently as possible.



As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of



death or serious illness of relatives. (GC, art. 116.)

## 324. Penal And Disciplinary Sanctions: General Provisions

Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained


will continue to apply to internees who commit offences during internment.



If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the


same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.



No internee maybe punished more than once for the same act, or on the same count. (GC, art. 117.)

## 325. Penalties

The courts or authorities shall in passing sentence take as far as possible into account the fact that the



defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.


Imprisonment in premises without daylight and; in general, all forms of cruelty without exception are


forbidden.


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


internees.


The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or


judicial penalty involving confinement to which he may be sentenced.



Internee Committees shall be informed of all judicial proceedings instituted against internees whom they


represent, and of their result. (GC, art. 118.)

## 326. Disciplinary Punishments



The disciplinary punishments applicable to internees shall be the following:
(1) A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under


the provisions of Article 95 during a period of not more than thirty days.



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


Convention.

(3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of


internment.



(4) Confinement. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account


shall be taken of the internee's age, sex and state of health.



The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if



the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. (GC, art. 119.)

## 327. Escapes

Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to


disciplinary punishment in respect of this act, even if it a repeated offence.



Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may



be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.



Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary


punishment only. (GC, art. 120.)

## 328. Connected Offenses

Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating



circumstance in cases where an internee is prosecuted for offences committed during his escape.



The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether



punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not. (GC, art. 121.)

## 329. Investigations And Confinement Awaiting Hearing

Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied,


in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.



In cases of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum


for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement.



The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for


offences against discipline. (GC, art. 122.)

## 330. Procedure

Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be



ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.



Before any disciplinary punishment is awarded, the accused internee shall be given precise information



regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee.



The period elapsing between the time of award of a disciplinary punishment and its execution shall not



exceed one month.



When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse



between the execution of any two of the punishments, if the duration of one of these is ten days or more.



A record of disciplinary punishments shall be maintained by the commandant of the place of internment and


shall be open to inspection by representatives of the Protecting Power. (GC, art. 123.)

## 331. Premises For Disciplinary Punishments

Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict


prisons, etc.) to undergo punishment therein.



The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they


shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.



Women internees undergoing disciplinary punishment shall be confined in separate quarters from male


internees and shall be under the immediate supervision of women. (GC, art. 124.)

## 332. Essential Safeguards

Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least


two hours daily.



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



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



They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of


money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels.



No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107



and 143 of the Present Convention. (GC, art. 125.)

## 333. Provisions Applicable To Judicial Proceedings

The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are


in the national territory of the Detaining Power. (GC, art. 126.)

## 334. Transfers: Conditions

The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail



or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.



The Detaining Power shall supply internees during transfer with drinking water and food sufficient in


quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.



Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be



seriously detrimental to them, unless their safety imperatively so demands.



If the combat zone draws close to a place of internment, the internees in the said place shall not be



transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.



When making decisions regarding the transfer of internees, the Detaining Power shall take their interests


into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes. (GC, art. 127.)

## 335.  Transfers: Method

In the event of transfer, internees shall be officially advised of their departure and of their new postal


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



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



have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require but in no case to less than twenty-five kilograms per internee [55 pounds].



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. (GC, art. 128.)


## 336.  Wills And Death Certificates

The wills of internees shall be received for safekeeping by the responsible authorities; and in the event of the


death of an internee his will shall be transmitted without delay to a person whom he has previously designated.



Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out,



showing the causes of death and the conditions under which it occurred.



An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating



thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall he transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140. (GC, art. 129.)

## 337.  Burial And Cremation

The detaining authorities shall ensure that internees who die while interned are honorably buried, if possible



according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.



Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of


collective graves. Bodies may be cremated only for imperative reasons of hygiene on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.



As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall


forward Mite of graves of deceased. internees to the Powers on whom the deceased internees depended, through the Information Bureaux provided for in Article: 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves. (GC, art. 130.)

## 338.  Internees Killed Or Injured In Special Circumstances



a. Treaty Provision.

Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another



internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official inquiry by the Detaining Power.



A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any



witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.



If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to


ensure the prosecution of the person or persons responsible. (GC, art. 131.)


b. Criminal Prosecution. If a criminal prosecution is undertaken on the facts revealed on preliminary



investigation, there need not be any other official inquiry.


## 339.  Release, Repatriation, And Accommodation In Neutral Countries During Hostilities Or Occupation

Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his


internment no longer exist.



The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude



agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time. (GC, art. 132.)



## 340. Release, Repatriation And Accommodation In Neutral Countries After The Close Of Hostilities



Internment shall cease as soon as possible after the close of hostilities.

Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences



not exclusively subject to disciplinary penalties may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.



By agreement between the Detaining Power and the Powers concerned, committees may be set up after the


close of hostilities, or of the occupation of territories, to search for dispersed internees. (GC, art. 133.)

## 341. Repatriation And Return To Last Place Of Residence

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. (GC, art. 134.)

## 342. Costs

The Detaining Power shall bear the expense of returning released internees to the places where they were



residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.



Where a Detaining Power refuses permission to reside in its territory to a released internee who previously



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



If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree


on the portion of the above costs to be borne by each.



The foregoing shall not prejudice such special agreements as may be concluded between Parties to the


conflict concerning the exchange and repatriation of their nationals in enemy hands. (GC, art. 135.)

## Section Vi. Information Bureaus, Central Agency, And Relief Societies 343. National Bureaus

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall



establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.



Each of the parties to the conflict shall, within the shortest possible period, give its Bureau information of



any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births, and deaths. (GC, art. 136.)

## 344. Transmission Of Information

Each national Bureau shall immediately forward information concerning protected persons by the most


rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.


Information Bureaux shall transmit information concerning a protected person unless its transmission might



be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be



withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.



All communications in writing made by any Bureau shall be authenticated by a signature or a seal. (GC, art.



137.)


## 345. Particulars Required

The information received by the national Bureau and transmitted by it shall be of such a character as to



make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.



Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded


shall be supplied regularly and if possible every week. (GC, art. 138.)



## 346. Forwarding Of Personal Valuables

Each national Information Bureau shall, furthermore be responsible for collecting all personal valuables left



by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables. (GC, art. 139.)

## 347. Central Agency

A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral



country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.



The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may



obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.



The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central


Agency, are requested to give the said Agency the financial aid it may require.



The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the


International Committee of the Red Cross and of the relief societies described in Article 142. (GC, art. 140.)

## 348. Exemption From Charges

The national Information Bureau and the Central Information Agency shall enjoy free postage for all mail,


likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. (GC, art. 141.)

## 349. Relief Societies And Other Organizations

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to



meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations maybe constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.



The Detaining Power may limit the number of societies and organizations whose delegates are allowed to


carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.



The special position of the International Committee of the Red Cross in this field shall be recognized and


respected at all times. (GC, art. 142.)

## 350. Supervision

Representatives or delegates of the Protecting Powers shall have permission to go to all places where


protected persons are, particularly to places of internment detention and work.



They shall have access to all premises occupied by protected persons and shall be able to interview the latter


without witnesses, personally or through an interpreter.



Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an


exceptional and temporary measure. Their duration and frequency shall not be restricted.



Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining


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



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


appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. (GC, art. 143.)

## Chapter 6 Occupation Section I. General 351. Military Occupation

Territory is considered occupied when it is actually placed under the authority of the hostile army. The



occupation extends only to the territory where such authority has been established and can be exercised. (HR, art. 42.)

## 352. Invasion Distinguished

a. Nature of Invasion. If resistance is offered, the state of invasion within any portion of a belligerent's territory



corresponds with the period of resistance. If the invasion is unresisted, the state of invasion lasts only until the invader has taken firm control of the area with the intention of holding it. Invasion is not necessarily occupation, although occupation is normally preceded by invasion and may frequently coincide with it. An invader may attack with naval or air forces or its troops may push rapidly through a large portion of enemy territory without establishing that effective control which is essential to the status of occupation. Small raiding parties or flying columns, reconnaissance detachments or patrols moving through an area cannot be said to occupy it. Occupation, on the other hand, is invasion plus taking firm possession of enemy territory for the purpose of holding it.



b. Application of Law of Occupation. The rules set forth in this chapter apply of their own force only to



belligerently occupied areas, but they should, as a matter of policy, be observed as far as possible in areas through which troops are passing and even on the battlefield.


## 353. Subjugation Or Conquest Distinguished

Belligerent occupation in a foreign war, being based upon the possession of enemy territory, necessarily implies



that the sovereignty of the occupied territory is not vested in the occupying power. Occupation is essentially provisional.



On the other hand, subjugation or conquest implies a transfer of sovereignty, which generally takes the form of



annexation and is normally effected by a treaty of peace. When sovereignty passes, belligerent occupation, as such, of course ceases, although the territory may and usually does, for a period at least, continue to be governed through military agencies.



## 354. Friendly Territory Subject To Civil Affairs Administration Distinguished

Civil affairs administration is that form of administration established in friendly territory whereby a foreign



government pursuant to an agreement, expressed or implied, with the government of the area concerned, may exercise certain authority normally the function of the local government.



Such administration is often established in areas which are freed from enemy occupation. It is normally required



when the government of the area concerned is unable or unwilling to assume full responsibility for its administration. Territory subject to civil affairs administration is not considered to be occupied.



If circumstances have precluded the conclusion of a civil affairs agreement with the lawful government of allied



territory recovered from enemy occupation or of other territory liberated from the enemy, military government may be established in the area as a provisional and interim measure (see par. 12 b and c). A civil affairs agreement should, however, be concluded with the lawful government at the earliest possible opportunity.



## 355. Occupation As Question Of Fact

Military occupation is a question of fact. It presupposes a hostile invasion, resisted or unresisted, as a result of



which the invader has rendered the invaded government incapable of publicly exercising its authority, and that the invader has successfully substituted its own authority for that of the legitimate government in the territory invaded.


## 356. Effectiveness Of Occupation

It follows from the definition that belligerent occupation must be both actual and effective, that is, the organized



resistance must have been overcome and the force in possession must have taken measures to establish its authority. It is sufficient that the occupying force can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district. It is immaterial whether the authority of the occupant is maintained by fixed garrisons or flying columns, whether by small or large forces, so long as the occupation is effective. The number of troops necessary to maintain effective occupation will depend on various considerations such as the disposition of the inhabitants, the number and density of the population, the nature of the terrain, and similar factors. The mere existence of a fort or defended area within the occupied district, provided the fort or defended area is under attack, does not render the occupation of the remainder of the district ineffective. Similarly, the mere existence of local resistance groups does not render the occupation ineffective.


## 357. Proclamation Of Occupation

In a strict legal sense no proclamation of military occupation is necessary. However, on account of the special



relations established between the inhabitants of the occupied territory and the occupant by virtue of the presence of the occupying forces, the fact of military occupation, with the extent of territory affected, should be made known. The practice of the United States is to make this fact known by proclamation.



## 358. Occupation Does Not Transfer Sovereignty

Being an incident of war, military occupation confers upon the invading force the means of exercising control for



the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress. (See GC, art. 47; par. 365 herein.)

## 359. Oath Of Allegiance Forbidden

It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (HR,



art. 45.)

## 360. Maintenance Of Occupation

Occupation, to be effective, must be maintained. In case the occupant evacuates the district or is driven out by the



enemy, the occupation ceases. It does not cease, however, if the occupant, after establishing its authority, moves forward against the enemy, leaving a smaller force to administer the affairs of the district. Nor does the existence of a rebellion or the activity of guerrilla or paramilitary units of itself cause the occupation to cease, provided the occupant could at any time it desired assume physical control of any part. of the territory. If, however, the power of the occupant is effectively displaced for any length of time, its position towards the inhabitants is the same as before occupation.



## 361. Termination Of Occupation

The law of belligerent occupation generally ceases to be applicable under the conditions set forth in paragraphs 353



and 360. However, with respect to the provisions of GC alone, Article 6 of that Convention provides:



In the case of occupied territory, the application of the present Convention shall cease one year after the



general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention; 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.


Protected persons whose release, repatriation or re-establishment may take place after such dates shall


meanwhile continue to benefit by the present Convention. (GC, art. 6, 3d and 4th paras.)



## Section Ii. Administration Of Occupied Territory 362. Necessity For Military Government

Military government is the form of administration by which an occupying power exercises governmental authority



over occupied territory. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military occupation, or the undesirability of allowing it to do so. (See par. 12, which discusses military government, and par. 354, dealing with civil affairs administration.)

## 363. Duty To Restore And Maintain Public Order

The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall


take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. (HR, art. 43.)

## 364. Occupation Costs

The economy of an occupied country can only be required to bear the expenses of the occupation, and these should



not be greater than the economy of the country can reasonably be expected to bear.



## 365. Inviolability Of Rights

Protected persons who are in occupied territory shall not be deprived, in any case or in any manner


whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part. of the occupied territory. (GC, art. 47.)

## 366. Local Governments Under Duress And Puppet Governments

The restrictions placed upon the authority of a belligerent government cannot be avoided by a system of using a



puppet government, central or local, to carry out acts which would be unlawful if performed directly by the occupant. Acts induced or compelled by the occupant are nonetheless its acts.


## 367. Functions Of Government

a. Paramount Authority of Occupant. The functions of the hostile governmentwhether of a general, provincial,



or local charactercontinue only to the extent they are sanctioned by the occupant.



b. Functions of Local Government. The occupant may, while retaining its paramount authority, permit the



government of the country to perform some or all of its normal functions. It may, for example, call upon the local authorities to administer designated rear areas, subject to the guidance and direction of the occupying power. Such action is consistent with the status of occupation, so long as there exists the firm possession and the purpose to maintain paramount authority.


## 368. Nature Of Government

It is immaterial whether the government over an enemy's territory consists in a military or civil or mixed



administration. Its character is the same and the source of its authority the same. It is a government imposed by force, and the legality of its acts is determined by the law of war.



## 369. Local Law And New Legislation

The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed



or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.



The Occupying Power may, however, subject the population of the occupied territory to provisions which


are essential to enable the Occupying Power to fulfil its obligation under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and


property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them. (GC, art. 64.)

## 370. Laws In Force

In restoring public order and safety, the occupant will continue in force the ordinary civil and penal (criminal) laws



of the occupied territory except to the extent it may be authorized by Article 64, GC (par 369), and Article 43, HR (par. 363), to alter, suspend, or repeal such laws (see also HR art. 23 (h) ; par. 372 herein; and GC, art. 51; par. 418 herein). These laws will be administered by the local officials as far as practicable. Crimes not of a military nature and not affecting the occupant's security are normally left to the jurisdiction of the local courts.



## 371. Nature Of Laws Suspended Or Repealed



The occupant may alter, repeal, or suspend laws of the following types: a. Legislation constituting a threat to its security, such as laws relating to recruitment and the bearing of arms. b. Legislation dealing with political process, such as laws regarding the rights of suffrage and of assembly.
c.
Legislation the enforcement of which would be inconsistent with the duties of the occupant, such as laws


establishing racial discrimination.


## 372. Prohibition As To Rights And Rights Of Action

It is especially forbidden * * * to declare abolished, suspended, or inadmissible in a court of law the rights



and actions of the nationals of the hostile party. (HR, art. 23, par. (h).)

## 373. Suspension Of Ordinary Courts


The ordinary courts of justice should be suspended only if: a. Judges and magistrates abstain from fulfilling their functions (see GC, art. 54; par. 422 herein); or b. The courts are corrupt or unfairly constituted; or
c.
Local judicial administration has collapsed during the hostilities preceding the occupation and the occupant



must set up its own courts to ensure that offenses against the local laws are properly tried. In such cases, the occupant may establish courts of its own and make this measure known to the inhabitants.



## 374. Immunity Of Occupation Personnel From Local Law

Military and civilian personnel of the occupying forces and occupation administration and persons accompanying



them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration. The occupant should see to it that an appropriate system of substantive law applies to such persons and that tribunals are in existence to deal with civil litigation to which they are parties and with offenses committed by them.


## 375. Freedom Of Movement

The occupant may withdraw from individuals the right to change their residence, restrict freedom of internal



movement, forbid visits to certain districts, prohibit emigration and immigration (but see GC, art. 48; par. 381 herein), and require that all individuals carry identification documents.


## 376. Commercial Restrictions

The occupant has the right to regulate commercial intercourse in the occupied territory. It may subject such



intercourse to such prohibitions and restrictions as are essential to the purposes of the occupation. The commander of the occupying forces will usually find it advisable to forbid intercourse between the occupied territory and the territory still in the possession of the enemy.


## 377. Censorship

The belligerent occupant may establish censorship of the press, radio, theater, motion pictures, and television, of



correspondence, and of all other means of communication. It may prohibit entirely the publication of newspapers or prescribe regulations for their publication and circulation. The occupant is not required to furnish facilities for postal service, but may take charge of them itself, especially if the officials of the occupied district fail to act or to obey its orders.



## 378. Means Of Transportation

The belligerent occupant exercises authority over all means of transportation, both public and private, within the


occupied district, and may seize them and regulate their operation.


## Section Iii. Rights Of The Population Of Occupied Territory 379. Other Provisions Of Law

Articles 27-34, GC (paras. 266-273), apply to occupied territory and should be read together with the provisions of



this section.


## 380. Respect For Human Rights

Family honour and rights, the lives of persons, and private property, as well as religious convictions and


practice, must be respected. (HR, art. 46, 1st par.)

## 381. Special Cases Of Repatriation

Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of



the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article. (GC, art. 48.)

## 382. Deportations, Transfers, Evacuations

Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to


the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.



Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security



of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.



The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable



extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.



The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of


war unless the security of the population or imperative military reasons so demand.



The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it


occupies (GC, art. 49.)

## 383. Children

The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper


working of all institutions devoted to the care and education of children.



The Occupying Power shall take all necessary steps to facilitate the identification of children and the



registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.



Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements



for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.



A special section of the Bureau setup in accordance with Article 136 shall be responsible for taking all



necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.



The Occupying Power shall not hinder the application of any preferential measures in regard to food,


medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. (GC, art. 50.)


## 384. Food And Medical Supplies For The Population



a. Treaty Provision.

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and



medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.



* * * * * * * The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in


occupied territories, except where temporary restrictions are made necessary by imperative military requirements (GC, art. 55, 1st and 3d paras.)


b. Other Articles To Be Supplied. The other articles which the occupant is required to provide under the above



provision include all urgently required goods which may be essential to the life of the territory.



## 385. Hygiene And Public Health

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and


maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.



If new hospitals are setup in occupied territory and if the competent organs of the occupied State are not



operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.



In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take


into consideration the moral and ethical susceptibilities of the population of the occupied territory. (GC, art. 56.)

## 386. Requisition Of Hospitals

The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent


necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.


The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the


needs of the civilian population. (GC, art. 57.)

## 387. Spiritual Assistance

The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their


religious communities.



The Occupying Power shall also accept consignments of books and articles required for religious needs and


shall facilitate their distribution in occupied territory. (GC, art. 58.)

## Section Iv. Relief 388. Collective Relief

If the whole or part. of the population of an occupied territory is inadequately supplied, the Occupying



Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.



Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such


as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.



All Contracting Parties shall permit the free passage of these consignments and shall guarantee their


protection.


A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the


conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. (GC, art. 59.)

## 389. Responsibilities 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 intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. (GC, art. 60.)

## 390. Distribution

The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the



cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.



Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless


these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.



All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief


consignments on their way to occupied territories. (GC, art. 61.)

## 391. Individual Relief

Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to


receive the individual relief consignments sent to them. (GC, art. 62.)

## 392. National Red Cross And Other Relief Societies

Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying


Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their


activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;


(b) the Occupying Power may not require any changes in the personnel or structure of these societies, which


would prejudice the aforesaid activities.



The same principles shall apply to the activities and personnel of special organizations of a non-military



character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues. (GC, art. 63.)

## Section V. Treatment Of Enemy Property 393. Destruction And Seizure Of Property



a. Prohibition.

It is especially forbidden * * * to destroy or seize the enemy's property, unless such destruction or seizure be



imperatively demanded by the necessities of war. (HR, art. 23, par. (g).)


b. Occupying Power.

Any destruction by the Occupying Power of real or personal property belonging individually or collectively


to private persons, or to the State, or to other public authorities or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. GC, art. 53.)



c.

General Devastation. See paragraph 56.


## 394. Determination Whether Property Is Public Or Private

a. Beneficial Ownership. Under modern conditions, the distinction between public and private property is not



always easy to draw. For the purpose of treatment of property under belligerent occupation, it is often necessary to look beyond strict legal title and to ascertain the character of the property on the basis of the beneficial ownership thereof. Thus, for example, trust funds, pension funds, and bank deposits generated by private persons are not to be regarded as public property simply by reason of their being held by a State-owned bank.



b. Property of Mixed Ownership. For the purpose of determining what type of control the occupant may exercise



over property (by way of confiscation, seizure, requisition, etc.), the most cogent evidence of public character is such a complete or partial assumption by the State of the economic risk involved in the holding and management of the property in question that, the State, rather than private individuals or corporation, would be subjected to a substantial



portion of the loss were the property to be appropriated for the use of the occupant. Should property which is ostensibly private be subjected to a large measure of governmental control and management or perform functions which are essentially public, these facts would tend to indicate that the property should be regarded in practice as public.



If property which is appropriated by the occupant is beneficially owned in part. by the State and in part. by private



interests, the occupation authorities should compensate the private owners to the extent of their interest. Such compensation should bear the same relationship to the full compensation which would be paid if the property were entirely privately owned as their interest bears to the total value of the property concerned. The occupant may take what measures it deems necessary to assure that no portion of the compensation paid on account of private interests accrues to the State.



c.

Property of Unknown Ownership. If it is unknown whether certain property is public or private, it should be



treated as public property until its ownership is ascertained.



## 395. Seized Property

Valid capture or seizure of property requires both an intent to take such action and a physical act of capture or



seizure. The mere presence within occupied territory of property which is subject to appropriation under international law does not operate to vest title thereto in the occupant.



## 396. Title To Captured Or Seized Enemy Property

Public property captured or seized from the enemy, as well as private property validly captured on the battlefield



and abandoned property, is property of the United States (see U. S. Const., Art. I, sec. 8, cl. 11), and failure to turn over such property to the proper authorities or disposal thereof for personal profit is a violation of Article 103 of the Uniform Code of Military Justice.


## 397. Pillage



a. Treaty Provision.

Pillage is formally forbidden. (HR, art. 47.) (See also HR, art. 28; par. 47 herein; GC, art. 33; par. 272



herein.)
b. Violation of military law. A member of the armed forces who before or in the presence of the enemy quits his



place of duty to plunder or pillage is guilty of the offense of misbehavior before the enemy. (UCMJ, Art. 99 (6).)



## 398. Private Gain By Officers And Soldiers

Neither officers nor soldiers of the United States are allowed to make use of their position or power in the hostile



country for private gain, not even for commercial transactions otherwise legitimate.


## 399. Property Control

Property within occupied territory may be controlled by the occupant to the degree necessary to prevent its use by



or for the benefit of the hostile forces or in a manner harmful to the occupant. Conservators may be appointed to manage the property of absent persons (including nationals of the United States and of friendly States) and of internees, property managed by such persons, and property of persons whose activities are deemed to be prejudicial to the occupant. However, when the owners or managers of such property are again able to resume control of their property and the risk of its hostile use no longer exists, it must be returned to them.



Measures of property control must not extend to confiscation. However, the authority of the occupant to impose



such controls does not limit its power to seize or requisition property or take such other action with respect to it as may be authorized by other provisions of law.


## 400. Real Property Of A State

The occupying State shall be regarded only as administrator and usufructuary of public buildings, real



estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. (HR, art. 55.)

## 401. State Real Property Susceptible Of Direct Military Use

Real property of a State which is of direct military use, such as forts, arsenals, dockyards, magazines, barracks,



railways, bridges, piers, wharves, airfields, and other military facilities, remains in the hands of the occupant until the close of the war, and may be destroyed or damaged, if deemed necessary to military operations.



## 402. Occupant's Disposition Of Real Property Of A State

Real property of the enemy State which is essentially of a non-military nature, such as public buildings and offices,



land, forests, parks, farms, and mines, may not be damaged or destroyed unless such destruction is rendered absolutely necessary by military operations (see Art. 53, GC; par. 393 herein). The occupant does not have the right of sale or unqualified use of such property. As administrator or usufructuary he should not exercise his rights in such a wasteful and negligent manner as seriously to impair its value. He may, however, lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. The term of a lease or contract should not extend beyond the conclusion of the war.


## 403. Movable Property Of A State

An army of occupation can only take possession of cash, funds, and realizable securities which are strictly


the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for operations of the war.



All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the



transport of persons or things, exclusive of cases governed by naval laws, depots of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made. (HR, art. 53.)



## 404. Classes Of Movable Property

All movable property belonging to the State susceptible of military use may be taken possession of and utilized for



the benefit of the occupant's government. Under modern conditions of warfare, a large proportion of State property may be regarded as capable of being used for military purposes. However, movable property which is not susceptible of military use must be respected and cannot be appropriated.


## 405. Municipal, Religious, Charitable, And Cultural Property A. Treaty Provision. The Property Of Municipalities, That Of Institutions Dedicated To Religion, Charity And Education, The Arts And



sciences, even when State property, shall be treated as private property.



All seizure or destruction of, or wilful damage to, institutions of this character, historic monuments, works of


art. and science, is forbidden, and should be made the subject of legal proceedings. (HR, art. 56.)



b. Use of Such Premises. The property included in the foregoing rule may be requisitioned in case of necessity for



quartering the troops and the sick and wounded, storage of supplies and material, housing of vehicles and equipment, and generally as prescribed for private property. Such property must, however, be secured against all avoid-able injury, even when located in fortified places which are subject to seizure or bombardment.



c.

Religious Buildings, Shrines, and Consecrated Places. In the practice of the United States, religious buildings,



shrines, and consecrated places employed for worship are used only for aid stations, medical installations, or for the housing of wounded personnel awaiting evacuation, provided in each case that a situation of emergency requires such use.



## 406. Private Property: General



a. Treaty Provision.

Private property cannot be confiscated. (HR, art. 46, 2d par.)
b. Prohibited Acts. The foregoing prohibition extends not only to outright taking in violation of the law of war but



also to any acts which, through the use of threats, intimidation, or pressure or by actual exploitation of the power of the occupant, permanently or temporarily deprive the owner of the use of his property without his consent or without authority under international law.


## 407. Private Real Property

Immovable private enemy property may under no circumstances be seized. It may, however, be requisitioned (see



par. 412).


## 408. Private Movable Property Susceptible Of Direct Military Use

See Article 53, HR (par. 403).


## 409. Receipts

If private property is seized in conformity with the preceding paragraph, a receipt therefor should be given the



owner or a record made of the nature and quantity of the property and the name of the owner or person in possession in order that restoration and compensation may be made at the conclusion of the war.



## 410. Types Of Private Property Susceptible To Direct Military Use

a. Seizure. The rule stated in the foregoing paragraph includes everything susceptible of direct military use, such



as cables, telephone and telegraph plants, radio, television, and telecommunications equipment, motor vehicles, railways, railway plants, port facilities, ships in port, barges and other watercraft, airfields, aircraft, depots of arms, whether military or sporting, documents connected with the war, all varieties of military equipment, including that in the hands of manufacturers, component parts of or material suitable only for use in the foregoing, and in general all kinds of war material.



b. Destruction. The destruction of the foregoing property and all damage to the same is justifiable only if it is



rendered absolutely necessary by military operations. (See GC, art. 53; par. 393b herein.)

## 411. Submarine Cables



a. Treaty Provision.

Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed



except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made. (HR, art. 54.)


b. Application. The foregoing provision applies only to activities on land and does not deal with seizure or



destruction of cables in the open sea.



## 412. Requisitions



a. Treaty Provision.

Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the



needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part. in operations of the war against their country.



Such requisitions and services shall only be demanded on the authority of the commander in the locality


occupied.


Contributions in kind shall, as far as possible, be paid for in cash; if not, a receipt shall be given and the



payment of the amount due shall be made as soon as possible. (HR, art. 52.)


b. What May Be Requisitioned. Practically everything may be requisitioned under this article that is necessary for



the maintenance of the army, such as fuel, food, clothing, building materials, machinery, tools, vehicles, furnishings for quarters, etc. Billeting of troops in occupied areas is also authorized.



## 413. Requisitioning Of Foodstuffs And Medical Supplies

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. (GC, art. 55, 2d par.)

## 414. Requisition Of Hospitals

See Article 57, GC (par. 386).


## 415. Method Of Requisitioning

Requisitions must be made under the authority of the commander in the locality. No prescribed method is fixed, but



if practicable requisitions should be accomplished through the local authorities by systematic collection in bulk. They may be made direst by detachments if local authorities fail or if circumstances preclude resort to such authorities.



## 416. Prices And Compensation For Requisitioned Articles And Services

The prices of articles and services requisitioned will be fixed by agreement if possible, otherwise by military



authority. Receipts should be taken up and compensation paid promptly.


## 417. Method Of Enforcing Requisition

Coercive measures will be limited to the amount and kind necessary to secure the articles requisitioned.



## Section Vi. Services Of Inhabitants And Of Officials 418. Labor Of Protected Persons

The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No


pressure or propaganda which aims at securing voluntary enlistment is permitted.



The Occupying Power may not compel protected persons to work unless they are over eighteen years of age,



and then only on work which is necessary either for the needs of the army of occupation or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part. in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.



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



requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.



In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or



semi-military character. (GC, art. 51.) (See also HR, art. 23, 2d par.; par. 32 herein.)

## 419. Services Which May Be Requisitioned

The services which may be obtained from inhabitants by requisition include those of professional men, such as



engineers, physicians and nurses and of artisans and laborers, such as clerks, carpenters, butchers, bakers, and truck drivers. The officials and employees of rail-ways, trucklines, airlines, canals, river or coastwise steamship companies, telegraph, telephone, radio, postal and similar services, gas, electric, and water works, and sanitary authorities, whether employed by the State or private companies, may be requisitioned to perform their professional duties only so long as the duties required do not directly concern the operations of war against their own country. The occupant may also requisition labor to restore the general condition of the public works to that of peace, including the repair of roads, bridges, and railways, and to perform services on behalf of the local population, such as the care of the wounded and sick and the burial of the dead.


## 420. Prohibited Labor

The prohibition against forcing the inhabitants to take part. in military operations against their own country



precludes requisitioning their services upon works directly promoting the ends of the war, such as construction of fortifications, entrenchments, and military airfields or the transportation of supplies or ammunition in the zone of operations. There is no objection in law to their being employed voluntarily and for pay in such work.



## 421. Protection Of Workers

No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and


wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention.


All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an


occupied territory; in order to induce them to work for the Occupying Power, are prohibited. (GC, art. 52.)

## 422. Judges And Public Officials

The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in


any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.



This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect



the right of the Occupying Power to remove public officials from their posts. (GC, art. 54.)

## 423. Oath Of Officials

The occupant may require such officials as are continued in their offices to take an oath to perform their duties



conscientiously and not to act to its prejudice. Every such official who declines to take such oath may be removed; but, whether he does so or not, he owes strict obedience to the occupant as long as he remains in office.



## 424. Salaries Of Officials

The salaries of civil officials of the hostile government who remain in the occupied territory and continue the work



of their offices, especially those who can properly continue it under the circumstances arising out of the war--such as judges, administrative or police officers, officers of city or communal governments-are paid from the public revenues of the occupied territory, until the military government has reason wholly or partially to dispense with their services. Salaries or incomes connected with purely honorary titles are always suspended.


## Section Vii. Public Finance 425. Taxes



a. Treaty Provision.
If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the



State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. (HR, art. 48.)


b. Surplus. The first charge upon such taxes is for the cost of the administration of the occupied territory. The



balance may be used for the purposes of the occupant.


## 426. Changes In Taxes

a. When Existing Rules May Be Disregarded. If, due to the flight or unwillingness of the local officials, it is



impracticable to follow the rules of incidence and assessment in force, then the total amount of taxes to be paid may be allotted among the districts, towns, etc., and the local authorities required to collect it.



b. New Taxes. Unless required to do so by considerations of public order and safety, the occupant must not create



new taxes.


## 427. Taxes Collected By Local Authorities

The words "for the benefit of the State" were inserted in the foregoing article (HR, art. 48; par. 425 herein) to



exclude local taxes, dues, and tolls collected by local authorities. The occupant may super- vise the expenditure of such revenue and prevent its hostile use.


## 428. Contributions



a. Treaty Provision.
If, in addition to the taxes mentioned in the above Article, the occupant levies other money contributions in


the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question. (HR, art. 49.)


b. Prohibited Purposes. Contributions may not be levied for the enrichment of the occupant, for the payment of


war expenses generally, or for other than the needs of the occupying forces and the administration of the occupied territory.



## 429. Methods Of Levying Contributions

No contribution shall be collected except under a written order, and on the responsibility of a Commander-



in-chief.

The collection of the said contribution shall only be effected as far as possible in accordance with the rules of


assessment and incidence of the taxes in force.



For every contribution a receipt shall be given to the contributors. (HR, art. 51.)



## 430. Currency And Exchange Controls

The occupying power may leave the local currency of the occupied area in circulation. It is also authorized to



introduce its own currency or to issue special currency for use only in the occupied area, should the introduction or issuance of such currency become necessary. The occupant may also institute exchange controls, including clearing



arrangements, in order to conserve the monetary assets of the occupied territory. Such measures must not, however, be utilized to enrich the occupant or other-wise circumvent the restrictions placed on requisitions, contributions, seizures, and other measures dealing with property. Intentional debasement of currency by the establishment of fictitious valuation or exchange rates, or like devices, as well as failure to take reasonable steps to prevent inflation, are violative of international law.


## 431. Expropriation Of Property For Local Benefit

In order to ensure public order and safety, as required by Article 43, HR, (par. 363) an occupant is authorized to



expropriate either public or private property solely for the benefit of the local population. The occupant is obliged, unless absolutely prevented, to respect the laws in force in the occupied area in so doing.



## Section Viii. Security Of The Occupant: Penal Legislation And Procedure 432. Enforcement Of Obedience

Subject to the restrictions imposed by international law, the occupant can demand and enforce from the inhabitants



of occupied territory such obedience as may be necessary for the security of its forces, for the maintenance of law and order, and for the proper administration of the country. It is the duty of the inhabitants to carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take no part. whatever in the hostilities carried on, to refrain from all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the orders of the occupant. As to neutrals resident in occupied territory, see paragraphs 547-551.



## 433. Security Measures



a. Treaty Provision.

If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures



concerning protected persons, it may, at the most, subject them to assigned residence or to internment.



Decisions regarding such assigned residence or internment shall be made according to a regular procedure



to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body setup 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. (GC, art. 78.)


b. Function of Competent Body. "Competent bodies" to review the internment or assigned residence of protected



persons may be created with advisory functions only, leaving the final decision to a high official of the Government.



## 434. Penal Legislation

See paragraphs 369-371, regarding penal legislation which may be repealed or suspended and legislation which


may be promulgated by the occupant.


## 435. Publication



a. Treaty Provision.

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. (GC, art. 65).



b. Form of Publication. The penal provisions referred to in the foregoing article must be promulgated in written



form. It is not sufficient that they be announced by radio or loudspeakers.



## 436. Competent Courts

In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64,



the Occupying Power may hand over the accused to its properly constituted non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. (GC, art. 66.)

## 437. Applicable Law

The courts shall apply only those provisions of law which were applicable prior to the offence, and which are



in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. (GC, art. 67.)

## 438. Penalties



a. Treaty Provision.

Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which



does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or ad-ministration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.



The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may



impose the death penalty on a protected person only in cases where the person is guilty of espionage, or serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.



The death penalty may not be pronounced against a protected person unless the attention of the court has



been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.



In any case, the death penalty may not be pronounced against a protected person who was under eighteen



years of age at the time of the offence. (GC, art. 68.)


b. Reservation as to Death Penalty. The United States has reserved the right to impose the death penalty in



accordance with the provisions of Article 68, 2d paragraph, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins.



c.

Other Offenses and Penalties. The foregoing article does not preclude the imposition of penalties, such as



fines, not depriving the protected person of liberty. Acts in violation of the laws promulgated by the Occupying Power which are not solely intended to harm that Power, as, for example, traveling without a permit or violating exchange control regulations, are also punishable by internment or imprisonment or other penalties depriving the protected person of liberty.


## 439. Deduction From Sentences Of Period Spent Under Arrest

In all cases, the duration of the period during which a protected person accused of an offence is under arrest



awaiting trial or punishment shall be deducted from any period of imprisonment awarded. (GC, art. 69.)

## 440. Offenses Committed Before Occupation

Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed



or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.



Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory


of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. (GC, art. 70.)

## 441. Penal Procedure

No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular



trial.


Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a



language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such



proceedings Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.



The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent



immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:



(a) description of the accused;
(b) place of residence or detention; (c) specification of the charge or charges (with mention of the penal provisions under which it is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing. (GC, art. 71.)

## 442. Right Of Defense

Accused persons shall have the right to present evidence necessary to their defence and may, in particular,



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



Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When



an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.



Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during


preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement. (GC, art. 72.)

## 443. Right Of Appeal

A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be


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



The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where



the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power. (GC, art. 73.)

## 444. Assistance By The Protecting Power

Representatives of the Protecting Power shall have the right to attend the trial of any protected person,



unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.



Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated,



with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgment has been received by the Protecting Power. (GC, art. 74.)

## 445. Death Sentence



In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. No death sentence shall be carried out before the expiration of a period of at least six months from the date



of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.



The six months period of suspension of the death sentence herein prescribed may be reduced in individual



cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences (GC, art. 76.)

## 446. Treatment Of Detainees

Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall



serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions



of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.



They shall receive the medical attention required by their state of health. They shall also have the right to receive any spiritual assistance which they may require. Women shall be confined in separate quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors. Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power


and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.



Such persons shall have the right to receive at least one relief parcel monthly. (GC, art. 76.)

## 447. Close Of Occupation

Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall


be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory.

(GC, art. 77.)

## 448. Penalty For Individual Acts Of Inhabitants

No general penalty, pecuniary or otherwise shall be inflicted upon the population on account of the acts of


individuals for which they cannot be regarded as jointly and severally responsible. (HR, art. 50.) (See also GC, art. 33; par. 272 herein.)

## Chapter 7 Nonhostile Relations Of Belligerents Section I. General 449. Nonintercourse

All intercourse between the territories occupied by belligerent armies, whether by traffic, communication, travel, or


in any other way, ceases. This is the general rule to be observed without special proclamation.



## 450. Exceptions To Rule

Exceptions to this rule, whether by safe-conduct, license to trade, exchange of mails, or travel from one territory



into the other, are made on behalf of individuals only with the approval of the Government or the highest military authority.



## 451. Forms Of Nonhostile Relations Of Belligerents

The conduct of war and the restoration of peace require certain nonhostile relations between belligerents. These


relations are conducted through parlementaires, military passports, safe-conducts, safeguards, cartels, capitulation, and armistices.



## 452. Communication Between Belligerent States And Armies

One belligerent may communicate with another directly by radio, through parlementaires, or in a conference, and



indirectly through a Protecting Power, a third State other than a Protecting Power, or the International Committee of the Red Cross.


## 453. Good Faith Essential

It is absolutely essential in all nonhostile relations that the most scrupulous good faith shall be observed by both



parties, and that no advantage not intended to be given by the adversary shall be taken.



## Section Ii. Military Passports, Safe-Conducts And Safeguards 454. General

Persons within an area occupied by a belligerent may be protected from molestation or interference through



military passports, safe-conducts, and safeguards. These devices are a matter of international law only when granted or posted by arrangement with the enemy.


## 455. Military Passport

A military passport is a document issued by order of a commander of belligerent forces, authorizing a person or



persons named therein, residing or sojourning within territory occupied by such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return, by designated routes, through the lines, subject to such further conditions and limitations as the commander may prescribe.


## 456. Safe-Conduct

a. General. Documents like passports, issued by the same authority and for similar purposes, to persons residing



or sojourning outside of the occupied area, who desire to enter and remain within or pass through such areas, are called safe-conducts. Similar documents, issued by the same authority, to persons residing within or without the occupied areas, to permit them to carry specified goods to or from designated places within those areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safe-conducts. Safe-conducts for goods in which the grantee is given a continuing right for a prescribed period, or until further orders, to engage in the specified trade, are sometimes called licenses to trade.



b. Safe-Conducts for Ambassadors and Diplomatic Agents. Ambassadors and other diplomatic agents of neutral



powers, accredited to the enemy, may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary and unless they may reach the place of their destination conveniently by another route There is, however, no legal requirement that such safe-conducts be issued. Safe-conducts of this nature are usually given by the supreme authority of the State and not by subordinate officers.


## 457. Safeguard

A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or



property of the enemy, or of a neutral. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of the individual or property concerned. It is usually directed to the succeeding commander and requests the grant of protection. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces. The violation of a safeguard is a grave violation of the law of war and, if committed by a person subject to the Uniform Code of Military Justice, is punishable under Article 102 thereof with death or such other punishment as a court-martial may direct.



Soldiers on duty as safeguards occupy a protected status. They may not be attacked, and it is customary to send



them back, together with their equipment and arms, to their own army when the locality is occupied by the enemy and as soon as military exigencies permit.


## Section Iii. Parlementaires 458. Negotiations Between Belligerents

In the past, the normal means of initiating negotiations between belligerents has been the display of a white flag. In



current practice, radio messages to the enemy and messages dropped by aircraft are becoming increasingly important as a prelude to conversations between representatives of the belligerent forces.



The white flag, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white



flag has no other signification in international law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a surrender. If hoisted in action by an individual soldier or a small party, it may signify merely the surrender of that soldier or party. It is essential, therefore, to determine with reasonable certainty that the flag is shown by actual authority of the enemy commander before basing important action upon that assumption.


The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized by



its commander, the appearance of the flag should be accompanied or followed promptly by a complete cessation of fire from that side. The commander authorizing the hoisting of the flag should also promptly send a parlementaire or parlementaires.



## 459. Parlementaires

Parlementaires are agents employed by commanders of belligerent forces in the field, to go in person within the



enemy lines, for the purpose of communicating or negotiating openly and directly with the enemy commander.


## 460. Inviolability Of Parlementaire

A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into



communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and the interpreter who may accompany him. (HR, art. 32.)

## 461. Fire Not To Be Directed On The Parlementaire

Fire should not be intentionally directed on parlementaires or those accompanying them. If, however, the



parlementaires or those near them present themselves during an engagement and are killed or wounded, it furnishes no ground for complaint. It is the duty of the parlementaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid dangerous zones by making a detour.



## 462. Credentials Of Parlementaire

Parlementaires must be duly authorized in a written instrument signed by the commander of the forces.



## 463. Reception Of Parlementaire



The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain


information.


In case of abuse, he has the right to detain the parlementaire temporarily. (HR, art. 33.)

## 464. Conditions For Receipt Of Parlementaire

A commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the



hour and place at which he must appear. The present rule is that a belligerent may not declare beforehand, even for a specified period-except in case of reprisal for abuses of the flag of truce-that he will not receive parlementaires. An unnecessary repetition of visits need not be allowed.



While within the lines of the enemy, the parlementaire must obey all instructions given him. He may be required to


deliver his message to a subordinate of the commander.



## 465. Detention Of Parlementaire

In addition to the right of detention for abuse of his position, a parlementaire may be detained in case he has seen



anything or obtained knowledge which may be detrimental to the enemy, or if his departure would reveal information on the movement of troops. He should be detained only so long as circumstances imperatively demand, and information should be sent at once to his commander as to such detention, as well as of any other action taken against him or against his party.


## 466. Loss Of Inviolability

The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he



has taken advantage of his privileged position to provoke or commit an act of treachery. (HR, art. 34.)

## 467. Abuse Of Flag Of Truce

It is an abuse of the flag of truce, forbidden as an improper ruse under Article 23 (f), HR (par. 52), for an enemy not



to halt and cease firing while the parlementaire sent by him is advancing and being received by the other party; likewise, if the flag of truce is made use of for the purpose of inducing the enemy to believe that a parlementaire is going to be sent when no such intention exists. It is also an abuse of a flag of truce to carry out operations under the protection accorded by the enemy to it and those accompanying it. An individual or a party acts treacherously in displaying a white flag indicative of surrender as a ruse to permit attack upon the forces of the other belligerent. An abuse of a flag of truce may authorize a resort to reprisals.



## 468. Neutral Areas

If it is anticipated that negotiations between belligerents may be prolonged, a neutralized area may by agreement of



the parties be set aside for the site of the negotiations. The belligerents may agree that no combat activity will take place



within or over the area and that forces will be detailed to maintain the security of the area. The area designated as neutral on maps interchanged by representatives of the belligerents may be marked with searchlights, balloons, and other devices to insure that it will not be attacked.



## Section Iv. Cartels 469. Cartels

In its narrower sense, a cartel is an agreement entered into by belligerents for the exchange of prisoners of war. In



its broader sense, it is any convention concluded between belligerents for the purpose of arranging or regulating certain kinds of nonhostile intercourse other-wise prohibited by reason of the existence of the war. Both parties to a cartel are in honor bound to observe its provisions with the most scrupulous care, but it is voidable by either party upon definite proof that it has been intentionally violated in an important particular by the other party. (See par. 197.)



## Section V. Capitulations 470. Capitulation Defined

A capitulation is an agreement entered into between commanders of belligerent forces for the surrender of a body



of troops, a fortress, or other defended locality, or of a district of the theater of operations. A surrender may be effected without resort to a capitulation.



## 471. Military Honor In Capitulations

Capitulations agreed upon between the contracting parties must take into account the rules of military


honour.


Once settled, they must be scrupulously observed by both parties. (HR, art. 35.)

## 472. Powers Of Commanders

Subject to the limitations hereinafter indicated, the commander of a body of troops is presumed to be duly



authorized to enter into capitulations. In the case of a commander of a military force of the United States, if continued battle has become impossible and he can-not communicate with his superiors, these facts will constitute proper authority to surrender. If a commander of military forces of the United States surrenders unnecessarily and shamefully or in violation of orders from higher authority, he is liable to trial and punishment (see UCMJ, Art. 99 (2)). The fact that any commander surrenders in violation of orders or the law of his own State does not impair the validity of the surrender. A commanding officer's powers do not extend beyond the forces and territory under his command. Unless so authorized by his government, he does not possess power to bind his government to a permanent cession of the place or places under his command, or to any surrender of sovereignty over territory, or to any cessation of hostilities in a district beyond his command, or to agree to terms of a political nature or such as will take effect after the termination of hostilities.



## 473. Surrenders Concluded By Political Authorities

The surrender of a place or force may also be arranged by the political authorities of the belligerents without the



intervention of the military authorities. In this case the capitulation may contain other than military stipulations.


## 474. Form Of Capitulations

There is no specified form for capitulation. They may be concluded either orally or in writing, but in order to avoid



disputes, they should be reduced to writing. The agreement should contain in precise terms every condition to be observed on either side, excepting such condition as are clearly imposed by the laws of war. Details of time and procedure should be prescribed in the most exact and unequivocal language. Even in case of an unconditional surrender, when the terms are dictated by the victor, they should nevertheless be embodied in a written capitulation as soon as practicable.



## 475. Subjects Usually Regulated

In the capitulation (the instrument of surrender), the following subjects are usually dealt with, insofar as they are


relevant to the circumstance of the particular surrender:


a. The force or territory which is surrendered and the exact time at which the surrender is to take effect.



b. Disposition of the enemy forces. A stipulation is normally included concerning the movements and



administration of the surrendered force after the surrender. The provisions of the capitulation may, for example, require that the troops assemble at designated points or that they remain in their present positions It is normally understood that the surrendered forces are to become prisoners of war. In the event both belligerents are parties to GPW, little or nothing more on that subject need be included in the capitulation. How-ever, special circumstances, such as inability of the victor to guard, evacuate, and maintain large numbers of prisoners of war or to occupy the area in which enemy military forces are present, may justify the victorious commander in allowing the defeated force to remain in its present positions, to withdraw, or to disperse after having been disarmed and having given their paroles, provided that the giving of paroles is not forbidden by the laws of their own country and that they are willing to give their paroles (see par, 185).



c.

If a place or area is surrendered, provisions relative to the withdrawal of the defenders and the entering into



possession of the victorious troops. These matters should be fixed in advance with precision.



d. Disposition of medical personnel and the wounded and sick.
e.
Disposition of prisoners of war, civilian internees, and other persons held in the custody of the surrendered



troops.

f.

Disarmament. Normally provisions are included to govern the disposition of enemy arms, equipment, and other



property in the hands of the force which has surrendered. Officers are sometimes allowed to retain their side arms in addition to the articles they are allowed to keep under Article 18, *GPW* (par. 94).



g. Prohibition of destruction by the surrendered forces of their materiel or installations, or communications,


transportation facilities, and other public utilities in the area concerned.



h. The provision of facilities and of information on such matters as minefield and other defense measures.

i.

The civil administration of the area concerned, if a place or area is surrendered.



j.

Orders given by the victor. It is normally stipulated that the orders of the victorious commander will be



scrupulously carried out by the surrendered forces and that those who fail to comply with such orders or with the terms of the surrender itself will be severely punished.


## 476. Damage Or Destruction Of Property Prohibited After Surrender

From the moment of surrender the party surrendering has no right to demolish, destroy, or injure facilities,



installations, or materiel under his control, unless otherwise stipulated in the capitulation. Nothing, however, prevents a commander who intends to surrender from carrying out such destruction, provided he does so before signing the capitulation.



## 477. Violation Of Terms Of A Capitulation

Violation of the terms of a capitulation by individuals is punishable as a war crime. If the violation is directed by



the commander who capitulated or by higher authority, the other belligerent may denounce the capitulation and resume hostilities. Like action may also be taken if the capitulation was obtained through a breach of faith.



## 478. Unconditional Surrender

An unconditional surrender is one in which a body of troops gives itself up to its enemy without condition. It need



not be effected on the basis of an instrument signed by both parties. Subject to the restrictions of the law of war, the surrendered troops are governed by the directions of the State to which they surrender.



## Section Vi. Armistices 479. Definition

An armistice (or truce, as it is sometimes called) is the cessation of active hostilities for a period agreed upon by the



belligerents. It is not a partial or temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.


## 480. Effect Of Armistice

An armistice suspends military operations by mutual agreement between the belligerent parties. If its



duration is not de-fined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. (HR, art. 36.)


## 481. Armistice No Excuse For Lack Of Vigilance

The existence of an armistice does not warrant relaxation of vigilance in the service of security and protection, or in



the preparedness of troops for action, or exposing positions to the enemy.



## 482. Kinds Of Armistice

An armistice may be general or local. The first suspends the military operations of the belligerent States



everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius. (HR, art. 37.)

## 483. General Armistices

General armistices are usually of a combined political and military character. They usually precede the negotiations



for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is normally concluded by senior military officers or by diplomatic representatives or other high civilian officials. If an armistice contains political terms, it must be made under authorization from the governments concerned or subject to approval by them.



## 484. Local Armistices

A local armistice suspends operations between certain portions of the belligerent forces or within a designated



district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war. Commanders of the forces concerned are presumed to be competent to conclude local armistices, and ratification upon the part. of their governments is not required unless specially stipulated in the armistice agreement.



It is always a condition of a local armistice that a considerable part. of the forces and the region of war must be



included and that the cause for which it is concluded is not merely some pressing local interest, as in the case of a suspension of arms (see next paragraph), but one of a more general character, such as a general exhaustion of the opposing belligerent in one part. of the theater of war.



## 485. Suspension Of Arms

A suspension of arms is a form of armistice concluded between commanders of military forces for some local



military purpose, such as to bury the dead, to collect the wounded, to arrange for exchange of prisoners, or to enable a commander to communicate with his government or superior officer.



## 486. Form Of Armistice

No special form for an armistice is prescribed. It should, if possible, be reduced to writing, in order to avoid



misunderstandings and for the purpose of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness.


## 487. What Stipulations An Armistice Should Contain


Stipulations covering the following matters should be incorporated in an armistice: a. Precise Date, Day, and Hour of Commencement of the Armistice. The precise date, day, and hour for the



suspension of hostilities should also be stipulated. The effective times maybe different in different geographical areas. An armistice commences, in the absence of express mention to the contrary, at the moment it is signed.



b. Duration of the Armistice. The duration may be for a definite or indefinite period. In case it is indefinite, a



belligerent may resume operations at any time after notice. The terms and manner of giving such notice should be specified. If a term is fixed and no agreement has been made for prolonging it, hostilities may be resumed without notice at the expiration of the term in the absence of positive agreement to the contrary.



c.

Principal Lines and All Other Marks or Signs Necessary To Determine the Locations of the Belligerent Troops.



For this purpose maps with the lines indicated thereon may be attached to and made part. of the armistice. Provision may be included for a neutral zone between the two armies. It is usually agreed that these lines are not to be crossed or the neutral zone entered except by parlementaires or other parties by special agreement for specified purposes, such as to bury the dead and collect the wounded.



d. Relation of the Armies With the Local Inhabitants. If it is desired to make any change during the armistice in



the relations between the opposing forces and the peaceable inhabitants, this must be accomplished by express provision. Otherwise these relations remain unchanged, each belligerent continuing to exercise the same rights as before, including the right to prevent or control all intercourse between the inhabitants within his lines and persons within the enemy lines.



e.

Acts To Be Prohibited During the Armistice. In the absence of stipulations to the contrary, each belligerent is



authorized to make movements of troops within his own lines, to receive reinforcements, to construct new fortifications, installations, and bases, to build and repair transportation and communications facilities, to seek information about the enemy, to bring up supplies and equipment, and, in general, to take advantage of the time and means at his disposal to prepare for resuming hostilities.



f.

Disposition of Prisoners of War. If it is desired that prisoners of war and civilian internees should be released



or exchanged, specific provisions in this regard should be made. (See GPW, art. 118; par. 198 herein. )



g. Consultative Machinery. It is generally desirable to provide for the establishment of a commission, composed



of representatives of the opposing forces, to supervise the implementation of the armistice agreement. Additional commissions, composed of representatives of the belligerents or of neutral powers or both, may be constituted to deal with such matters as the repatriation of prisoners of war.


## 488. Political And Military Stipulations In General Armistices

In addition to the provisions set forth in the preceding paragraph, general armistices normally contain a number of



political and military stipulations concerning such matters as the evacuation of territory; disposition of aircraft and shipping; cooperation in the punishment of war crimes; restitution of captured or looted property; communications facilities and public utilities;. civil administration; displaced persons; and the dissolution of organizations which may subvert public order.


## 489. Intercourse In Theater Of Operations



a. Treaty Provision.

It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held


in the theatre of war with the inhabitants and between the inhabitants of one belligerents State and those of the other. (HR, art. 39.)


b. Rule in Absence of Stipulation. If nothing is stipulated, the intercourse remains suspended, as during actual



hostilities.



## 490. Notification Of Armistice

An armistice must be notified officially and in good time to the competent authorities and to the troops.



Hostilities are suspended immediately after the notification, or on the date fixed. (HR, art. 38.)

## 491. When Binding

An armistice is binding upon the belligerents from the time of the agreed commencement, but the officers of the



armies are responsible only from the time when they receive official information of its existence.


## 492. Denunciation Of Armistice

Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it,


and even, in cases of urgency, of recommencing hostilities immediately. (HR, art. 40.)

## 493. Denunciation Must Not Involve Perfidy

An armistice, like other formal agreements between belligerents, engages the honor of both parties for the exact and



complete fulfillment of every obligation thereby imposed. It would be an outrageous act of perfidy for either party, without warning, to resume hostilities during the period of an armistice, with or without a formal denunciation thereof, except in case of urgency and upon convincing proof of intentional and serious violation of its terms by the other party. Nevertheless, under the article last above quoted, upon definite proof of such a violation of the armistice, if the delay incident to formal denunciation and warning seems likely to give the violator a substantial advantage of any kind, the other party is free to resume hostilities without warning and with or without a formal denunciation.



## 494. Violations Of Armistice By Individuals



a. Treaty Provision.
A violation of the terms of the armistice by private persons acting on their own initiative only entitles the



injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained. (HR, art. 41.)


b. Private Individuals Defined. A private individual, in the sense of the foregoing article, refers to any person,



including a member of the armed forces, who acts on his own responsibility.



c.

Effect of Violation of Armistice by Individuals. Violation of the terms of an armistice by individuals is



punishable as a war crime. Such violations by individual soldiers or subordinate officers do not justify denunciation of the armistice unless they are proved to have been committed with the knowledge and actual or tacit consent of their own government or commander. Consent may be inferred in the event of a persistent failure to punish such offenders.



## Chapter 8 Remedies For Violation Of International Law; War Crimes Section I. Remedies And Reprisals 495. Remedies Of Injured Belligerent

In the event of violation of the law of war, the injured party may legally resort to remedial action of the following



types:



a. Publication of the facts, with a view to influencing public opinion against the offending belligerent. b. Protest and demand for compensation and/or punishment of the individual offenders. Such communications



may be sent through the protecting power, a humanitarian organization performing the duties of a protecting power, or a neutral state, or by parlementaire direct to the commander of the offending forces. Article 3, H. IV, provides in this respect:

A belligerent party which violates the provisions of the said Regulations 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.



c.

Solicitation of the good offices, mediation, or intervention of neutral States for the purpose of making the


enemy observe the law of war. See Articles 11, GWS; 11, *GWS Sea*; 11, GPW; 12, GC (par. 19), concerning conciliation procedure through the protecting powers.



d. Punishment of captured offenders as war criminals.
e.
Reprisals.

## 496. Inquiry Concerning Violations Of Geneva Conventions Of 1949



GWS, GWS Sea, GPW, and GC contain a common provision that
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the



interested Parties, concerning any alleged violation of the Convention.



If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the


choice of an umpire who will decide upon the procedure to be followed.



Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it



with the least possible delay. (GWS, art. 52; *GWS Sea*, art. 53; GPW, art. 132; GC, art. 149.)

## 497. Reprisals

a. Definition. Reprisals are acts of retaliation in the form of conduct which would otherwise be unlawful, resorted



to by one belligerent against enemy personnel or property for acts of warfare committed by the other belligerent in violation of the law of war, for the purpose of enforcing future compliance with the recognized rules of civilized warfare. For example, the employment by a belligerent of a weapon the use of which is normally precluded by the law of war would constitute a lawful reprisal for intentional mistreatment of prisoners of war held by the enemy.



b. Priority of Other Remedies. Other means of securing compliance with the law of war should normally be



exhausted before resort is had to reprisals. This course should be pursued unless the safety of the troops requires immediate drastic action and the persons who actually committed the offenses cannot be secured. Even when appeal to the enemy for redress has failed, it may be a matter of policy to consider, before resorting to reprisals, whether the opposing forces are not more likely to be influenced by a steady adherence to the law of war on the part. of their adversary.

c.

Against Whom Permitted. Reprisals against the persons or property of prisoners of war, including the wounded


and sick, and protected civilians are forbidden (GPW, art. 13; GC, art. 33). Collective penalties and punishment of prisoners of war and protected civilians are likewise prohibited (GPW, art. 87; GC, art. 99). However, reprisals may still be visited on enemy troops who have not yet fallen into the hands of the forces making the reprisals.



d. When and How Employed. Reprisals are never adopted merely for revenge, but only as an unavoidable last



resort to induce the enemy to desist from unlawful practices. They should never be employed by individual soldiers except by direct orders of a commander, and the latter should give such orders only after careful inquiry into the alleged offense. The highest accessible military authority should be consulted unless immediate action is demanded, in which event a subordinate commander may order appropriate reprisals upon his own initiative. Ill-considered action may subsequently be found to have been wholly unjustified and will subject the responsible officer himself to punishment for a violation of the law of war. On the other hand, commanding officers must assume responsibility for retaliative measures when an unscrupulous enemy leaves no other recourse against the repetition of unlawful acts.



e.

Form of Reprisal. The acts resorted to by way of reprisal need not conform to those complained of by the



injured party, but should not be excessive or exceed the degree of violence committed by the enemy.



f.

Procedure. The rule requiring careful inquiry into the real occurrence will always be followed unless the safety


of the troops requires immediate drastic action and the persons who actually committed the offense cannot be ascertained.

g. Hostages. The taking of hostages is forbidden (GC, art. 34). The taking of prisoners by way of reprisal for acts



previously committed (so-called "reprisal prisoners") is likewise forbidden. (See GC, art. 33.)



## Section Ii. Crimes Under International Law 498. Crimes Under International Law

Any person, whether a member of the armed forces or a civilian, who commits an act which constitutes a crime



under international law is responsible therefor and liable to punishment. Such offenses in connection with war comprise:



a. Crimes against peace. b. Crimes against humanity.
c.
War crimes.


Although this manual recognizes the criminal responsibility of individuals for those offenses which may comprise


any of the foregoing types of crimes, members of the armed forces will normally be concerned, only with those offenses constituting "war crimes."

## 499. War Crimes

The term "war crime" is the technical expression for a violation of the law of war by any person or persons,



military or civilian. Every violation of the law of war is a war crime.



## 500. Conspiracy, Incitement, Attempts, And Complicity

Conspiracy, direct incitement, and attempts to commit, as well as complicity in the commission of, crimes against



peace, crimes against humanity, and war crimes are punishable.


## 501. Responsibility For Acts Of Subordinates

In some cases, military commanders may be responsible for war crimes committed by subordinate members of the



armed forces, or other persons subject to their control. Thus, for instance, when troops commit massacres and atrocities against the civilian population of occupied territory or against prisoners of war, the responsibility may rest not only with the actual perpetrators but also with the commander. Such a responsibility arises directly when the acts in question have been committed in pursuance of an order of the commander concerned. The commander is also responsible if he has actual knowledge, or should have knowledge, through reports received by him or through other means, that troops or other persons subject to his control are about to commit or have committed a war crime and he fails to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.



## 502. Grave Breaches Of The Geneva Conventions Of 1949 As War Crimes

The Geneva Conventions of 1949 define the following acts as "grave breaches," if committed against persons or



property protected by the Conventions:



a. GWS and GWS Sea.
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: willful killing, torture or inhuman treatment, including biological experiments, willfully 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. (GWS, art. 50; *GWS Sea*, art. 51.)


b. GPW.

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: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or willfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. (GPW, art. 130.)


c.

GC.



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: willful killing, torture or inhuman treatment, including biological experiments willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. (GC, art. 147.)

## 503. Responsibilities Of The Contracting Parties

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. (GWS, art. 51; *GWS Sea*, art. 52; GPW, art. 131; GC, art. 148.)

## 504. Other Types Of War Crimes

In addition to the "grave breaches" of the Geneva Conventions of 1949, the following acts are representative of



violations of the law of war ("war crimes"):



a. Making use of poisoned or otherwise forbidden arms or ammunition. b. Treacherous request for quarter.
c.
Maltreatment of dead bodies.


d. Firing on localities which are undefended and without military significance.
e.
Abuse of or firing on the flag of truce.


f.
Misuse of the Red Cross emblem.



g. Use of civilian clothing by troops to conceal their military character during battle. h. Improper use of privileged buildings for military purposes.
i.
Poisoning of wells or streams.


j.
Pillage or purposeless destruction.


k.
Compelling prisoners of war to perform prohibited labor.



l. Killing without trial spies or other persons who have committed hostile acts. m. Compelling civilians to perform prohibited labor. n. Violation of surrender terms.

## Section Iii. Punishment Of War Crimes 505. Trials



a. Nature of Proceeding. Any person charged with a war crime has the right to a fair trial on the facts and law. b. Rights of Accused. Persons accused of "grave breaches" of the Geneva Conventions of 1949 are to be tried



under conditions no less favorable than those provided by Article 105 and those following (par. 181 and following) of GPW (GWS, art. 49; *GWS Sea*, art. 50; GPW, art. 129; GC, art. 146, 4th par. only; par. 506 herein.)


c.

Rights of Prisoners of War. Pursuant to Article 85, *GPW* (par. 161), prisoners of war accused of war crimes



benefit from the provisions of GPW, especially Articles 82-108 (paras. 158-184).



d. How Jurisdiction Exercised. War crimes are within the jurisdiction of general courts-martial (UCMJ, Art. 18),


military commissions, provost courts, military government courts, and other military tribunals (UCMJ, Art. 21) of the United States, as well as of inter-national tribunals.



e.

Law Applied. As the international law of war is part. of the law of the land in the United States, enemy



personnel charged with war crimes are tried directly under international law without recourse to the statutes of the United States. However, directives declaratory of international law may be promulgated to assist such tribunals in the performance of their function. (See paras. 506 and 507.)

## 506. Suppression Of War Crimes

a. Geneva Conventions of 1949. The Geneva Conventions of 1949 contain the following common undertakings:



The High Contracting Parties undertake to enact any legislation necessary to provide effective penal


sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.



Each High Contracting Party shall be under the obligation to search for persons alleged to have committed,



or to have ordered to be committed, such grave breaches and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.



Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the


provisions of the present Convention other than the grave breaches defined in the following Article.



In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall


not be less favorable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. (GWS, art. 49; *GWS Sea*, art. 50; GPW, art. 129; GC, art. 146.)
b. Declaratory Character of Above Principles. The principles quoted in a, above, are declaratory of the



obligations of belligerents under customary international law to take measures for the punishment of war crimes committed by all persons, including members of a belligerent's own armed forces.



c.

Grave Breaches. "Grave breaches" of the Geneva Conventions of 1949 and other war crimes which are


committed by enemy personnel or persons associated with the enemy are tried and punished by United States tribunals as violations of international law.



If committed by persons subject to United States military law, these "grave breaches" constitute acts punishable



under the Uniform Code of Military Justice. Moreover, most of the acts designated as "grave breaches" are, if committed within the United States, violations of domestic law over which the civil courts can exercise jurisdiction.


## 507. Universality Of Jurisdiction

a. Victims of War Crimes. The jurisdiction of United States military tribunals in connection with war crimes is



not limited to offenses committed against nationals of the United States but extends also to all offenses of this nature committed against nationals of allies and of cobelligerents and stateless persons.



b. Persons Charged With War Crimes. The United States normally punishes war crimes as such only if they are



committed by enemy nationals or by persons serving the interests of the enemy State. Violations of the law of war committed by persons subject to the military law of the United States will usually constitute violations of the Uniform Code of Military Justice and, if so, will be prosecuted under that Code. Violations of the law of war committed within the United States by other persons will usually constitute violations of federal or state criminal law and preferably will be prosecuted under such law (see paras. 505 and 506). Commanding officers of United States troops must insure that war crimes committed by members of their forces against enemy personnel are promptly and adequately punished.


## 508. Penal Sanctions

The punishment imposed for a violation of the law of war must be proportionate to the gravity of the offense. The



death penalty may be imposed for grave breaches of the law. Corporal punishment is excluded. Punishments should be deterrent, and in imposing a sentence of imprisonment it is not necessary to take into consideration the end of the war, which does not of itself limit the imprisonment to be imposed.



## Section Iv. Defenses Not Available 509. Defense Of Superior Orders

a. The fact that the law of war has been violated pursuant to an order of a superior authority, whether military or



civil, does not deprive the act in question of its character of a war crime, nor does it constitute a defense in the trial of an accused individual, unless he did not know and could not reasonably have been expected to know that the act ordered was unlawful. In all cases where the order is held not to constitute a defense to an allegation of war crime, the fact that the individual was acting pursuant to orders may be considered in mitigation of punishment.



b. In considering the question whether a superior order constitutes a valid defense, the court shall take into



consideration the fact that obedience to lawful military orders is the duty of every member of the armed forces; that the latter cannot be expected, in conditions of war discipline, to weigh scrupulously the legal merits of the orders received; that certain rules of warfare may be controversial; or that an act otherwise amounting to a war crime may be done in obedience to orders conceived as a measure of reprisal. At the same time it must be borne in mind that members of the armed forces are bound to obey only lawful orders (e. g., UCMJ, Art. 92).



## 510. Government Officials

The fact that a person who committed an act which constitutes a war crime acted as the head of a State or as a



responsible government official does not relieve him from responsibility for his act.


## 511. Acts Not Punished In Domestic Law

The fact that domestic law does not impose a penalty for an act which constitutes a crime under international law



does not relieve the person who committed the act from responsibility under international law.


## Chapter 9 Neutrality Section I. General 512. Definition

Traditionally, neutrality on the part. of a State not a party to the war has consisted in refraining from all



participation in the war, and in preventing, tolerating, and regulating certain acts on its own part, by its nationals, and by the belligerents. It is the duty of belligerents to respect the territory and rights of neutral States.



## 513. Neutrality Under The Charter Of The United Nations

In the event of any threat to the peace, breach of the peace, or act of aggression, the Security Council of the United



Nations is authorized, under Articles 39 through 42 of the Charter, to make recommendations, to call for the employment of measures short of force, or to take forcible measures to maintain or restore international peace and security. Measures short of force or force itself may also be employed in pursuance of a recommendation of the General Assembly of the United Nations. Although these provisions of the Charter have not made it impossible for a State to remain neutral, the obligations which the Charter imposes have to a certain extent qualified the rights of States in this respect. For example, if a State is called upon, under Articles 42 and 43 of the Charter, to take military action against an aggressor, that State loses its right to remain neutral but actually loses its neutrality only to the extent that it complies with the direction of the Security Council.



A military commander in the field is obliged to respect the neutrality of third States which "are not allied with the



United States in the conduct of hostilities and are not violating their duty of neutrality toward this country, except to the extent that the State concerned has expressly qualified its neutrality.


## 514. Notification Of State Of War To Neutrals



a. Treaty Provisions. See Articles 2 and 3, H. III (paras. 21 and 22).
b. Proclamations of Neutrality. When war occurs, neutral States usually issue proclamations of neutrality, in



which they state their determination to observe the duties of neutrality and warn their nationals of the penalties they incur for joining or assisting a belligerent.


## 515. Inviolability Of Territory



a. Treaty Provisions.

The territory of neutral Powers is inviolable. (H. V, art. 1.)
b. Application of Rule. The foregoing rule prohibits any unauthorized entry into the territory of a neutral State, its



territorial waters, or the airspace over such areas by hoops or instrumentalities of war. If harm is caused in a neutral State by the unauthorized entry of a belligerent, the offending State may be required, according to the circumstances, to respond in damages.



## 516. Movements Of Troops And Convoys Of Supplies

Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the


territory of a neutral Power. (H. V, art. 2.)



## 517. Convoys Of Munitions And Supplies

A distinction must be drawn between the official acts of the belligerent State in convoying or shipping munitions


and supplies through neutral territory as part. of an expedition and the shipment of such supplies by private persons. The former is forbidden while the latter is not.



## 518. Neutral State Must Prohibit Acts On Its Own Territory



A neutral Power must not allow any of the acts referred to in Articles II to IV to occur on its territory. It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on



its own territory. (H. V, art. 5.)

## 519. Resistance To Violations Of Neutrality



a. Treaty Provision.

The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a



hostile act. (H. V, art. 10.)


b. Patrolling the Frontier. In order to protect its neutrality, a State whose territory is adjacent to a theater of war



normally mobilizes a portion of its forces to prevent troops of either belligerent from entering its territory, to intern such as maybe permitted to enter, and generally to carry out its duties of neutrality.



## 520. Effect Of Failure To Prevent Violation Of Neutrality By Belligerent Troops

Should the neutral State be unable, or fail for any reason, to prevent violations of its neutrality by the troops of one



belligerent entering or passing through its territory, the other belligerent may be justified in attacking the enemy forces on this territory.


## 521. Offenses Against Neutrality Defined By Statute

Supplementing the rules of international law, there are certain statutes of the United States that define offenses



against neutrality and prescribe penalties therefor, some of which are effective only during a war in which the United States is neutral, and others of which are effective at all times (see 18 U. S. C. 956-968, 22 U. S. C. 441-457, 461-465). The enforcement of these statutes devolves primarily upon the civil authorities, but under certain circumstances land or naval forces may be employed for that purpose (see, e. g., 22 U. S. C. 461).



## Section Ii. Recruiting In Neutral Territory 522. Forming Corps Of Combatants And Recruiting Forbidden



a. Treaty Provision.
Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to



assist the belligerents. (H. V, art. 4.)

b. Application of Rule. The establishment of recruiting agencies, the enlistment of men; the formation and



organization of hostile expeditions on neutral territory, and the passage across its frontiers of organized bodies of men intending to enlist are prohibited.



c.

Personnel of Voluntary Aid Societies. This prohibition does not extend to medical personnel and units of a



voluntary aid society duly authorized to join one of the belligerents. (See GWS, art. 27; par. 229 herein.)



## 523. Responsibility As To Individuals

The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to



offer their services to one of the belligerents. (H. V, art. 6.)

## 524. Single Persons And Organized Bodies

a. Individual Persons Crossing the Frontier. The prohibition in Article 4, H. V (par. 522), is directed against



organized bodies which only require to be armed to become an immediate fighting force. Neutral States are not required to enact legislation forbidding their nationals to join the armed forces of the belligerents. Individuals crossing the frontier singly or in small bands that are unorganized similarly create no obligation on the neutral State. The foregoing rules do not, however, permit a State professing to be neutral to send regularly constituted military units across the frontier in the guise of "volunteers" or small unorganized bands.



b. Nationals of Belligerent Not Included. Nationals of a belligerent State are permitted freely to leave neutral



territory to join the armies of their country.



## Section Iii. Supplies And Services From Neutral Territory 525. Neutral Not Bound To Prevent Shipment Of Supplies

A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the



belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet. (H. V, art. 7.)

## 526. Obligations Of Neutral State As To Supplies

Although a neutral State is not required to prohibit the shipment by private persons of supplies or munitions of war,



the neutral State, as such, is prohibited from furnishing such supplies or munitions and from making loans to a belligerent. It is also forbidden to permit the use of its territory for the fitting out of hostile expeditions.



## 527. Commercial Transactions Not Prohibited

Commercial transactions with belligerents by neutral corporations, companies, citizens, or persons resident in



neutral territory are not prohibited. A belligerent may purchase from such persons supplies, munitions, or anything that may be of use to an army or fleet, which can be exported or transported without involving the neutral State.



## 528. Use Of Neutral Territory For Establishment Of Radio And Other Communications Facilities

Belligerents are likewise forbidden:



a. To erect on the territory of a neutral Power a wireless telegraphy station or any apparatus for the purpose of communicating with belligerent forces on land or sea;



b. To use any installation of this kind established by them before the war on the territory of a neutral


Power for purely military purposes, and which has not been opened for the service of public messages. (H. V, art. 3.)


## 529. Means Of Communication

A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or



telephone cables or of wireless telegraphy apparatus belonging to it or to Companies or private individuals. (H. V, art. 8.)

## 530. Impartiality In Allowing Use Of Communication Facilities

The liberty of a neutral State, if it so desires, to transmit messages by means of its telegraph, telephone, cable,



radio, or other telecommunications facilities does not imply the power so to use them or to permit their use as to lend assistance to the belligerents on one side only.



## 531. Impartiality

Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in



Articles VII and VIII must be impartially applied by it to both belligerents.



A neutral Power must see to the same obligation being observed by Companies or private individuals owning


telegraph or telephone cables or wireless telegraphy apparatus. (H. V, art. 9.)

## Section Iv. Internment Of Belligerent Forces And Tending Of Wounded And Sick In Neutral Territory 532. Internment

A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them,


as far as possible, at a distance from the theatre of war.



It may keep them in camps and even confine them in fortresses or in places set apart. for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory


without permission. (H. V, art. 11.)

## 533. Duty Of Neutral State

A neutral is not bound to permit belligerent troops to enter its territory. On the other hand, it may permit them to do



so without violating its neutrality, but the troops must be interned or confined in places designated by the neutral. They



must be disarmed and appropriate measures must be taken to prevent their leaving the neutral country. In those cases in which the States concerned are parties to GPW, Article 4, paragraph B(2), thereof requires that such persons, provided they are otherwise entitled to be treated as prisoners of war, are, as a minimum but subject to certain exceptions, to receive the benefit of treatment as prisoners of war under *GPW* (see par. 61).


## 534. Neutral Can Impose Terms

If troops or soldiers of a belligerent are permitted to seek refuge in neutral territory, the neutral is authorized to



impose the terms upon which they may do so. In case of large bodies of troops seeking refuge in neutral territory, these conditions will usually be stipulated in a convention drawn up by the representatives of the neutral power and the senior officer of the troops.


## 535. Parole By Neutral

Officers and men interned in a neutral State may in the discretion of that State be released on their parole under



conditions to be prescribed by the neutral State. If such persons leave the neutral State in violation of their parole, the State in whose armed forces they serve is obliged to return them to the neutral State at its request.



## 536. Disposition Of Arms, Vehicles, Equipment, Etc.

The munitions, arms, vehicles, equipment, and other supplies which the interned troops are allowed to bring with



them into neutral territory are likewise detained by the neutral State. They are restored to the State whose property they are at the termination of the war.



## 537. Maintenance

In the absence of a special Convention the neutral Power shall supply the interned with the food, clothing,



and relief required by humanity.



At the conclusion of peace the expenses caused by the internment shall be made good. (H. V, art. 12.)

## 538. Prisoners Of War

A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to



remain in its territory it may assign them a place of residence.



The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral



Power. (H. V, art. 13.)

## 539. Passage Of Sick And Wounded

A neutral Power may authorize the passage over its territory of wounded or sick belonging to the belligerent


armies, on condition that the trains bringing them shall carry neither personnel or material of war. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.



The wounded or sick brought under these conditions into neutral territory by one of the belligerents, and


belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part. again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. (*H. V, art. 14*.)

## 540. Passage And Landing Of Medical Aircraft

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the



territory of neutral 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 restrictions on the passage or landing of medical


aircraft on their territory. 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 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 most of their accommodation and internment shall be borne by the Power on which they depend. (GWS, art. 37.)

## 541.  Obligations Of Neutral State

The neutral power is under no obligation to permit the passage of a convoy of sick and wounded through its



territory, but when such a convoy is permitted to pass, the neutral must exercise control, must see that neither personnel nor material other than that necessary for the care of the sick and wounded is carried, and generally must accord impartiality of treatment to the belligerents.



## 542.  Internment Of Sick And Wounded Passing Through Neutral State

The sick and wounded of a belligerent maybe carried through neutral territory to the territory of the belligerent



State. If, however, they are left in the neutral's territory, they must be interned so as to insure their not taking part. again in the war.


## 543.  Sick And Wounded Prisoners Of War Brought Into Neutral State By Captor

Sick and wounded prisoners of war brought into neutral territory by the Detaining Power as part. of a convoy of



evacuation granted right of passage through neutral territory may not be transported to their own country or liberated, as are prisoners of war escaping into, or brought by troops seeking asylum in neutral territory, but must be detained by the neutral power, subject to the provisions contained in paragraphs 188 through 196.



## 544.  Wounded, Sick, Or Shipwrecked Persons In Maritime Warfare



a. Placed on a Neutral Warship or Aircraft.

If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft,



it shall be ensured, where so required by international law, that they can take no further part. in operations of war. (*GWS sea*, art. 15.)



b. Landed in Neutral Ports.
Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local


authorities, shall, failing arrangements to the contrary between the neutral and the belligerent 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 shipwrecked persons depend. (*GWS sea*, art. 17.)

## 545.  Medical Personnel

The medical personnel and chaplains (as defined in GWS, art. 24; par. 67 herein) belonging to belligerent forces



who have sought asylum under Article 11, H. V (par. 532), may be retained and are required to be released as prescribed in Articles 28 and 80, *GWS* (paras. 230 and 231). Medical personnel and materials necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under Article 14, H. V (par. 539), may be permitted to accompany the convoy. Subject to the provisions of Articles 28 and 80, GWS, the neutral State may retain the necessary medical personnel and materiel for the care of the sick and wounded left in its care. Failing this, it must furnish such personnel and materiel, and the expense thereof must be refunded by the belligerent concerned not later than at the termination of the war.


## 546.  Accommodation In Neutral Territory Of The Wounded, Sick, And Prisoners Of War Who Have Been Long In Captivity

Articles 109 through 117, GPW, authorize parties to the conflict to conclude arrangements with neutral States for



the accommodation of the seriously wounded and sick and persons who have undergone a long period of captivity. See paragraphs 188 through 196 for provisions in this regard, including direct repatriation of certain wounded and sick from the neutral country.


## Section V. Neutral Persons 547.  Neutral Persons

The nationals of a State which is not taking part. in the war are considered as neutrals. (H. V, art. 16.)



## 548.  Neutral Persons Resident In Occupied Territory

Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that



accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe



strictly the rules of the occupant. All nationals of neutral powers, whether resident or temporarily visiting an occupied territory, may be punished for offenses committed by them to the same extent and in the same manner as enemy nationals. (See GC, art. 4; par. 247 herein, regarding the protection of neutral persons.)



## 549. Diplomatic Agents And Consuls In Occupied Territory

Diplomatic agents of neutral States must be treated with all courtesy and must be permitted such freedom of action



as it is possible to allow, with due regard to the necessities of the war. The same is true of consular personnel of neutral States, except those who are enemy nationals.


## 550. Forfeiture Of Rights By Neutral Nationals



a. Treaty Provision.
A neutral cannot avail himself of his neutrality: a. If he commits hostile acts against a belligerent. b. If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the



armed force of one of the parties.



In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has



abandoned his neutrality than a national of the other belligerent State could be for the same act. (H. V, art. 17.)



b. Offenses in Occupied Territory. Nationals of neutral States, whether resident in or visiting occupied territory,



may be punished for offenses in the same manner as enemy nationals. They may be deported or expelled for just cause. In the event that such a person is arrested, suspicions must be verified by a serious inquiry, and the arrested neutral person must be given an opportunity to defend himself, and to communicate with the consul of his country if he requests it.



## 551. Acts Not Favorable To One Belligerent

The following acts shall not be considered as committed in favour of one belligerent in the sense of Article


XVII, letter b:


a. Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the


supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;


b . Services rendered in matters of police or civil administration. (H. V, art. 18.)


## Section Vi. Railway Material 552. Railway Material

Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers



or of Companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin.



A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from


the territory of the belligerent Power.



Compensation shall be paid by one party or the other in proportion to the material used, and to the period of


usage. (H. V, (art. 19.)


## Appendix Index Of Articles 1949 Geneva Conventions

(Italics indicate a paragraph in which the article is quoted)



|            |           |         |           |         |           |    |    |    |    |    | 1. GWS    |     |     |
|------------|-----------|---------|-----------|---------|-----------|----|----|----|----|----|-----------|-----|-----|
| Article    | Paragraph | Article | Paragraph | Article | Paragraph |    |    |    |    |    |           |     |     |
| 2          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 8          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 20         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 209        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 37         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 540        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 3          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 11         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 21         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 222        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 38         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 238        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 4          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 210        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 22         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 223        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 39         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 239        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 5          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 211        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 23         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 224        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 40         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 240        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 6          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 212        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 24         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 67,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 225,545    | 41        |         |           |         |           |    |    |    |    |    |           |     |     |
| 241        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 7          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 213        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 25         | 68,225    |         |           |         |           |    |    |    |    |    |           |     |     |
| ,226       |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 42         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 242        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 8          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 16         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 26         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 69,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 227,545    | 43        |         |           |         |           |    |    |    |    |    |           |     |     |
| 243        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 9          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 17         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 27         | 67        |         |           |         |           |    |    |    |    |    |           |     |     |
| ,229,      |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 236,       | 44        |         |           |         |           |    |    |    |    |    |           |     |     |
| 244        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 10         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 18         | 555       |         |           |         |           |    |    |    |    |    |           |     |     |
| 46         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 214        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 11         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 19,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 495        | 28        |         |           |         |           |    |    |    |    |    |           |     |     |
| 230,       |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 231,545    | 47        |         |           |         |           |    |    |    |    |    |           |     |     |
| 14         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 12         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 215        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 29         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 68,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 226        | 49        | 505     |           |         |           |    |    |    |    |    |           |     |     |
| ,506       |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 13         | 208       | 30      |           |         |           |    |    |    |    |    |           |     |     |
| 231,       |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 545        | 50        |         |           |         |           |    |    |    |    |    |           |     |     |
| 502        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 14         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 66         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 31         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 232        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 51         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 503        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 15         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 216        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 32         | 67        |         |           |         |           |    |    |    |    |    |           |     |     |
| ,233,      |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 522        | 52        |         |           |         |           |    |    |    |    |    |           |     |     |
| 496        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 16         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 217        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 33         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 234        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 59         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 5          |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 17         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 218        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 34         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 235        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 63         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 6          |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 18         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 219        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 35         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 236        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 19         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 220,       |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 225        | 36        |         |           |         |           |    |    |    |    |    |           |     |     |
| 237        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 2. GWS Sea |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| Article    | Paragraph | Article | Paragraph | Article | Paragraph |    |    |    |    |    |           |     |     |
| 2          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 8          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 15         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 544        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 48         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 14         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 3          | 11        | 17      |           |         |           |    |    |    |    |    |           |     |     |
| 544        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 50         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 505,506    |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 4          | 209       | 22      | 209       | 51      |           |    |    |    |    |    |           |     |     |
| 502        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 8          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 16         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 27         | 209       | 52      |           |         |           |    |    |    |    |    |           |     |     |
| 503        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 9          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 17         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 29         | 209       | 53      |           |         |           |    |    |    |    |    |           |     |     |
| 496        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 10         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 18         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 37         | 209       | 58      |           |         |           |    |    |    |    |    |           |     |     |
| 5          |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 11         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 19         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| ,495       | 43        | 209     | 62        |         |           |    |    |    |    |    |           |     |     |
| 6          |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 3. GPW     |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| Article    | Paragraph | Article | Paragraph | Article | Paragraph |    |    |    |    |    |           |     |     |
| 2          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 8          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 6          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 86         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 12         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 88         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 3          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 11         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 7          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 87         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 13         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 89,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 497        |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 4          | 60        |         |           |         |           |    |    |    |    |    |           |     |     |
| ,61,       |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 64,        | 8         |         |           |         |           |    |    |    |    |    |           |     |     |
| 16         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 14         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 90         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 65,72,80,  | 9         |         |           |         |           |    |    |    |    |    |           |     |     |
| 17         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 15         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 91         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 208, 533   | 10        |         |           |         |           |    |    |    |    |    |           |     |     |
| 18         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 16         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 92         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 5          |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 71,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 73         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| ,84        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 11         |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 19,        |           |         |           |         |           |    |    |    |    |    |           |     |     |
| 495        | 17        |         |           |         |           |    |    |    |    |    |           |     |     |
| 93         |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |
|            |           |         |           |         |           |    |    |    |    |    |           |     |     |

## 3. GpwContinued

Article
Paragraph
Article
Paragraph
Article
Paragraph


18
59*,94,*475
59
135
98
156,174,158,



19
95
60
136
505



20
96
61
137
99
158,175,505



21
97,185
62
138
100
158,176,505



22
98
63
139
101
158,177,505



23
99
64
140
102
158,178,505



24
100
65
141
103
158,179,505



25
101
66
142
104
156,158,180,



26
102
67
143
505



27
103
68
144
105
181,158,505



28
104
69
145
106
182,158,505



29
106
70
146
107
156,183,158,



30
107
71
147
505



31
108
72
148
108
184,158,505



32
109
73
149
109
188,546,196



33
67
74
150
110
189,546,196



34
110
75
151
111
190,546,196



35
111
76
152
112
191,546,196



36
112
77
153
113
192,546,196



37
113
78
154,156
114
193,546,196



38
114
79
155,156
115
194,546,196



39
115
80
156
116
195,546,196



40
116
81
156,157
117
196,546



41
117
82
158,505
118
198



42
118
83
158,159,505
119
200



43
119
84
158,160,505
120
201



44
120
85
158,161,505
121
202



45
121
86
158,162,505
122
203



46
122
87
163,158,497,
123
204



47
123
505
124
205



48
124
88
164,158,505
125
156,206



49
125
89
158,166,172,
126
207



50
126
505
127
14,156



51
127
90
158,166,505
129
505,506



52
128
91
158,167,505
130
502



53
129
92
158,168,505
131
503



54
130
93
158,169,505
132
496



55
131
94
158,170,505
134
5



56
132
95
158,171,505
135
5



57
133,156
96
158,172,505
142
6



58
134
97
158,173,505



4. GC


Article
Paragraph
Article
Paragraph
Article
Paragraph


2
8
8
251
15
254


3
11
9
16
16
255


4
73,236,247,
10
17
17
44,256


548
11
18
18
45,257
5
248
12
19,495
19
45,258


6
10,249,361
13
247,252
20
259


7
250
14
45,253
21
260

## 4. GcContinued

Article
Paragraph
Article
Paragraph
Article
Paragraph


22
261
64
369,370,434
108
315,319



23
44,262
65
435
109
316



24
263
66
436
110
317



25
264
67
437
111
318



26
265
68
72,248,438
112
319



27
266,379
69
439
113
320



28
267,379
70
440
114
321



29
268,379
71
441
115
322



30
269,379
72
442
116
323



31
270,379
73
443
117
324



32
271,379
74
444
118
325



33
272,379,397,
75
445
119
326



497
76
446
120
327
34
273,497,379
77
447
121
328



35
26,274
78
433
122
329



36
275
79
286
123
330



37
276
80
287
124
331



38
277
81
288
125
332



39
278
82
289
126
333



40
279
83
290
127
334



41
27,280
84
291
128
335



42
26,27,281
85
292
129
336



43
27,282
86
293
130
337



44
27,283
87
294
131
338



45
27,284
88
295
132
339



46
285
89
296
133
340



47
358,365
90
297
134
341



48
375,381
91
298
135
342



49
382
92
299
136
343



50
383
93
300
137
344



51
370,418
94
301
138
345



52
421
95
302
139
346



53
56*,393,*402,
96
303
140
347



410
97
304
141
348
54
373,422
98
305
142
349



55
384,413
99
306
143
350



56
385
100
307
144
14



57
386,414
101
308,319
146
505,506



58
387
102
309
147
41,502



59
388
103
310
148
503



60
389
104
311
149
496



61
390
105
312
154
5



62
391
106
313
158
6



63
392
107
314,319



## H. Iii

Article
Paragraph
Article
Paragraph
Article
Paragraph


1
20
2
21,514
3
22,514



## Hr

Article
Paragraph
Article
Paragraph
Article
Paragraph


22
33
30
78
43
363,370,431



23
28,29,31,
31
78
45
359



32,34,37,
32
460
46
380,406



52,54,58,
33
463
47
397



238,370,
34
466
48
425,427



372,393,
35
471
49
428



414,467
36
480
50
448
24
48,77
37
482
51
429



25
39
38
490
52
412



26
43
39
487,489
53
234,403,408



27
45
40
492
54
411



28
47
41
494
55
400



29
75,77
42
351
56
405



## H. V

Article
Paragraph
Article
Paragraph
Article
Paragraph


1
515
7
525
13
538



2
516
8
529
14
539,545



3
528
9
531
16
547



4
522,524
10
519
17
550



5
518
11
532,545
18
551



6
523,524
12
537
19
552



## H. Ix

Article
Paragraph
Article
Paragraph
Article
Paragraph


5
46



|                                                                          |     |     |     |     |                     |     |
|--------------------------------------------------------------------------|-----|-----|-----|-----|---------------------|-----|
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Assassination and outlawry forbidden (                                   |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Assaults (                                                               |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Bombardment, assaults and sieges.)                                       |     |     |     |     |                     |     |
| Atomic weapons (                                                         |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Weapons.)                                                                |     |     |     |     |                     |     |
| Attack restricted to defended places (                                   |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Bacteriological warfare (                                                |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Weapons.)                                                                |     |     |     |     |                     |     |
| Basic principles 1-14                                                    |     |     |     |     |                     |     |
| Battlefield, search 216                                                  |     |     |     |     |                     |     |
| Bombardments, assaults, and sieges (                                     |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Bombardment assaults and sieges.)                                        |     |     |     |     |                     |     |
| Bullets, use of certain kinds forbidden (                                |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Weapons.)                                                                |     |     |     |     |                     |     |
| Compelling nationals to fight against own country 32                     |     |     |     |     |                     |     |
| Confiscation of private property (                                       |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Property.)                                                               |     |     |     |     |                     |     |
| Contamination of water sources (                                         |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Cruelty prohibited (                                                     |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts,)                                                        |     |     |     |     |                     |     |
| Dead (                                                                   |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Dead.)                                                                   |     |     |     |     |                     |     |
| Deception 50-55                                                          |     |     |     |     |                     |     |
| Defended place defined 33, 34, 40                                        |     |     |     |     |                     |     |
| Destruction of property (                                                |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Devastation.)                                                            |     |     |     |     |                     |     |
| Destruction of life or limb permitted 41                                 |     |     |     |     |                     |     |
| Drying or diverting water sources authorized 37                          |     |     |     |     |                     |     |
| Enemy nationals not to be compelled to take part. against own country 32 |     |     |     |     |                     |     |
| Enemy territory (                                                        |     |     |     |     |                     |     |
| see                                                                      |     |     |     |     |                     |     |
| Occupied territory.)                                                     |     |     |     |     |                     |     |
| Executions, summary, forbidden (                                         |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Flags, misuse of forbidden (                                             |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Forbidden conduct (                                                      |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Gases and chemicals, use 38                                              |     |     |     |     |                     |     |
| Good faith must be observed 49, 453                                      |     |     |     |     |                     |     |
| Grenades, authorized (                                                   |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Weapons.)                                                                |     |     |     |     |                     |     |
| Information, coercion prohibited 93, 270                                 |     |     |     |     |                     |     |
| Injuring enemy, means limited (                                          |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Insignia enemy, misuse forbidden (                                       |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Killing or wounding captives forbidden (                                 |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Military necessity 3                                                     |     |     |     |     |                     |     |
| Offenders against the laws of war, treatment of (                        |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| War crimes.)                                                             |     |     |     |     |                     |     |
| Parachutes, firing on persons descending 30                              |     |     |     |     |                     |     |
| Perfidy, prohibited (                                                    |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Pillage of towns and places forbidden (                                  |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Quarters, refusal of (                                                   |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Requisition of supplies (                                                |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Requisitions.)                                                           |     |     |     |     |                     |     |
| Surrender, injuries after (                                              |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Prohibited acts.)                                                        |     |     |     |     |                     |     |
| Termination, effects of (                                                |     |     |     |     |                     |     |
| See also                                                                 |     |     |     |     |                     |     |
| Armistice; Capitulation; Suspension of arms;                             |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Surrender) 10, 470                                                       |     |     |     |     |                     |     |
| United Nations Charter, applicability 23                                 |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Humane treatment (                                                       |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Aliens; Civilians; Internees; Prisoners of war; Wounded and sick.)       |     |     |     |     |                     |     |
| Humanity, principles of, defined (                                       |     |     |     |     |                     |     |
| see also                                                                 |     |     |     |     |                     |     |
| Crimes against humanity) 6                                               |     |     |     |     |                     |     |
| Hygiene (                                                                |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Internees; Occupied territory; Prisoners of war.)                        |     |     |     |     |                     |     |
| Identification cards &, discs, etc. (                                    |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Children; Civilians; Dead; Internees; Prisoners of war;                  |     |     |     |     |                     |     |
| Medical personnel, etc.)                                                 |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Inducing enemy soldiers to desert 49                                     |     |     |     |     |                     |     |
| Information, coercion prohibited 93, 270                                 |     |     |     |     |                     |     |
| Information Bureau: (                                                    |     |     |     |     |                     |     |
| see also                                                                 |     |     |     |     |                     |     |
| Aid Societies; Red Cross) 203-207, 343-350                               |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Central Information Agency 204, 347                                      |     |     |     |     |                     |     |
| Exemption from postal charges 205, 348                                   |     |     |     |     |                     |     |
| National Bureau 203, 343                                                 |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
|                                                                          |     |     |     |     |                     |     |
| Inhabitants of occupied territory (                                      |     |     |     |     |                     |     |
| See                                                                      |     |     |     |     |                     |     |
| Occupied territory rights, etc., of Inhabitants.)                        |     |     |     |     |                     |     |
| Injuries after surrender 29                                              |     |     |     |     |                     |     |
| Insignia:                                                                |     |     |     |     |                     |     |
|                                                                          |     |     |     |     | Improper use 52, 55 |     |
| Proper use 54                                                            |     |     |     |     |                     |     |

SUBJECT: DoD Law of War Program



References:



(a) DoD Directive 5100.77, "DoD Law of War Program," December 9, 1998 (hereby canceled)



(b) DoD Directive 5101.1, "DoD Executive Agent," September 3, 2002



(c) Articles 1, 47, 50, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949



(d) Articles 1, 48, 51, Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea, August 12, 1949



(e) through (r), see Enclosure 1

## 1. Reissuance And Purpose

This Directive:



1.1. Reissues Reference (a) to update the policies and responsibilities ensuring DoD compliance with the law of war obligations of the United States.



1.2. Clarifies the responsibilities of the Secretary of the Army as the DoD Executive Agent for Investigation and Reporting of Reportable Incidents against U.S. personnel in accordance with Reference (b).



## 2. Applicability And Scope



This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense
(hereafter referred to collectively as the "DoD Components").



## 3. Definitions



3.1. Law of War. That part. of international law that regulates the conduct of armed hostilities. It is often called the



"law of armed conflict." The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.



3.2 Reportable Incident. A possible, suspected, or alleged violation of the law of war, for which there is credible



information, or conduct during military operations other than war that would constitute a violation of the law of war if it occurred during an armed conflict.


## 4. Policy

It is DoD policy that:



4.1. Members of the DoD Components comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations.



4.3. An effective program to prevent violations of the law of war is implemented by the DoD Components.



4.4. All reportable incidents committed by or against U.S. personnel, enemy persons, or any other individual are reported promptly, investigated thoroughly, and, where appropriate, remedied by corrective action.



4.5. All reportable incidents are reported through command channels for ultimate transmission to appropriate U.S.



Agencies, allied governments, or other appropriate authorities. Once it has been determined that U.S. persons are not involved in a reportable incident, an additional U.S. investigation shall be continued only at the direction of the appropriate Combatant Commander. The on-scene commanders shall ensure that measures are taken to preserve evidence of reportable incidents pending transfer to U.S., allied, or other appropriate authorities.



## 5. Responsibilities



5.1. The General Counsel of the Department of Defense (GC, DoD) shall:



5.1.1. Exercise primary staff responsibility for the DoD Law of War Program.



5.1.2. Provide overall legal guidance in the Department of Defense on the Law of War Program, including



review of policies developed under or relating to the program, coordination of special legislative proposals and other legal matters with other Federal Departments and Agencies, and resolution of disagreements on questions of law.



5.1.3. Supervise and assign a chair for the DoD Law of War Working Group, consisting of representatives, at



the election by each of the GC, DoD; the General Counsel of each Military Department; the Counsel to the Commandant of the Marine Corps; the Judge Advocate General of each Military Department; the Staff Judge Advocate to the Commandant of the Marine Corps; and the Legal Counsel to the Chairman of the Joint Chiefs of Staff. The DoD Law of War Working Group shall develop and coordinate law of war initiatives and issues, manage other law of war matters as they arise, and provide advice to the General Counsel on legal matters covered by this Directive.



5.1.4. Coordinate and monitor the Military Departments' plans and policies for training and education in the law of war.



5.2. The Under Secretary of Defense for Policy (USD(P)) shall:


5.2.1. Provide overall development, coordination, approval, and promulgation of major DoD policies and plans, including:


5.2.1.1. Final coordination of such proposed policies and plans with the DoD Components and other Federal Departments and Agencies as necessary; and


5.2.1.2. Final coordination of DoD positions on international negotiations on the law of war and U.S.

signature and ratification of law of war treaties.



5.2.2. Determine the significance of International Committee of the Red Cross reports and forward those actions of significance to the Secretary of Defense immediately.



5.3. The Under Secretary of Defense for Intelligence (USD(I)) shall direct the Director, Defense Intelligence



Agency, to provide information to the Secretary of the Army and to the Commanders of the Combatant Commands, consistent with their respective obligations under paragraphs 5.9. and 5.11., concerning reportable incidents perpetrated against captured or detained U.S. persons, or committed by or against U.S. allies, or committed by or against other persons during a conflict to which the United States is not a party.



5.4. The Director, Defense Intelligence Agency, under the USD(I), shall:



5.4.1. Assist the USD(I) in performing responsibilities in paragraph 5.3.


5.4.2. Provide for the central collection of intelligence data concerning reportable incidents as outlined in paragraph 5.3.



5.5. The Assistant Secretary of Defense for Legislative Affairs (ASD(LA)) shall serve as the DoD liaison between



the Department of Defense and Congress on all matters related to the Law of War Program and provide legislative affairs guidance, as appropriate, to the DoD Components.



5.6. The Assistant Secretary of Defense for Public Affairs (ASD(PA)) shall monitor the public affairs aspects of the DoD Law of War Program and provide public affairs guidance, as appropriate, to the DoD Components.



5.7. The Heads of the DoD Components shall:


5.7.1. Comply with the policies contained in this Directive.



5.7.2. Institute and implement effective programs to prevent violations of the law of war, including law of war



training and dissemination, as required by Articles 47 and 50, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 (Reference (c)); Articles 48 and 51, Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea of August 12, 1949 (Reference (d)); Articles 127 and 130, Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (Reference (e)); Articles 144 and 147, Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (Reference (f)); and Sections 801-940 of title 10, United States Code (U.S.C.), the Uniform Code of Military Justice (Reference (g)).



5.7.3. Make qualified legal advisers at all levels of command available to provide advice about law of war



compliance during planning and execution of exercises and operations; and institute and implement programs to comply with the reporting requirements established in section 6.



5.7.4. Ensure that contract work statements for contractors comply with the policies contained in this Directive



and DoD Instruction (DoDI) 3020.41 (Reference (h)), and require contractors to institute and implement effective programs to prevent violations of the law of war by their employees and subcontractors, including law of war training and dissemination, as required by References (e) and (f).



5.8. The Secretaries of the Military Departments shall develop internal policies and procedures consistent with this Directive in support of the DoD Law of War Program to:



5.8.1. Provide directives, publications, instructions, and training so the principles and rules of the law of war



will be known to members of their respective Departments. Such knowledge will be commensurate with each individual's duties and responsibilities.



5.8.2. Implement programs in their respective Military Departments to prevent violations of the law of war.



5.8.3. In coordination with the Combatant Commanders, promptly report and investigate reportable incidents


committed by or against members of their respective Military Departments, or persons accompanying them, in accordance with Directives issued under subparagraph 5.11.6 .



5.8.4. Where appropriate, provide for disposition, under Reference (g), of cases involving alleged violations of the law of war by members of their respective Military Departments who are subject to court-martial jurisdiction.



5.8.5. Provide for the central collection of reports and investigations of reportable incidents alleged to have been committed by or against members of their respective Military Departments, or persons accompanying them.



5.8.6. Forward all reports of reportable incidents against U.S. personnel to the Secretary of the Army in his or her capacity as the DoD Executive Agent under paragraph 5.9.



5.8.7. Forward all reports of reportable incidents involving U.S. civilians, contractors or subcontractors



assigned to or accompanying the Armed Forces, or their dependents, through the Secretary of the Army to the GC, DoD, for review for prosecutory action under the criminal jurisdiction of the United States, pursuant to References (i) and (j).



5.9. The Secretary of the Army is redesignated as the Executive Agent pursuant to Reference (b) for reportable incidents committed against U.S. personnel and shall:



5.9.1. Act for the Secretary of Defense in developing and coordinating plans and policies for, and in



supervising the execution of, the investigation of reportable incidents committed against U.S. personnel and, subject to DoD 8910.1-M (Reference (k)), and in the collection, recording, and reporting of information concerning reportable incidents related to enemy violations of the law of war. This authority is separate from and subject to the responsibilities assigned the Combatant Commanders in paragraphs 4.5. and 5.11. and the responsibilities assigned the Secretaries of the Military Departments in paragraph 5.7.



5.9.2. Communicate directly with the Heads of the DoD Components, as necessary to carry out assigned



functions, including the transmission of requests for assistance. Communications to the Military Departments shall be transmitted through the Secretaries of the Military Departments or their designees, or as otherwise provided in law or directed by the Secretary of Defense in other issuances. Communications to the Commanders of the Combatant Commands, except in unusual circumstances, shall be transmitted through the Chairman of the Joint Chiefs of Staff.



5.9.3. Perform the Executive Agent functions and responsibilities therein consistent with 10 U.S.C. 163(a)(2)
(Reference (l)) and this Directive.



5.10. The Chairman of the Joint Chiefs of Staff shall:



5.10.1. Provide appropriate guidance to the Commanders of the Combatant Commands, consistent with



Reference (l). This guidance will include direction on the collection and investigation of reports of enemy violations of the law of war.



5.10.2. Designate a primary point of contact in his or her organization to administer activities under this Directive.



5.10.3. Review appropriate plans, policies, directives, and rules of engagement, as necessary, ensuring their consistency with the law of war obligations of the United States.



5.10.4. Ensure that plans, policies, directives, and rules of engagement issued by the Commanders of the Combatant Commands are consistent with this Directive and the law of war.



5.11. The Commanders of the Combatant Commands shall:



5.11.1. Institute programs within their respective commands to prevent violations of the law of war and ensure



that their commands' plans, policies, directives, and rules of engagement are subject to periodic review and evaluation, particularly in light of any violations reported.



5.11.2. Implement guidance from the Chairman of the Joint Chiefs of Staff for the collection and investigation of reports of enemy violations of the law of war.



5.11.3. Provide for the central collection of reports and investigations of reportable incidents alleged to have been committed by or against members of their respective Combatant Commands, or persons accompanying them.



5.11.4. Ensure that all reports of reportable incidents are forwarded to the Secretary of the Army in his or her capacity as the DoD Executive Agent under paragraph 5.9.



5.11.5. Designate the command legal adviser to supervise the administration of those aspects of this program dealing with possible, suspected, or alleged enemy violations of the law of war.



5.11.6. In coordination with the Military Departments, issue directives to ensure that reportable incidents



involving U.S. or enemy persons are reported promptly to appropriate authorities and are investigated thoroughly, and that the results of such investigations are promptly forwarded to the applicable Military Department or other appropriate authorities.



5.11.7. Determine the extent of investigation and manner in which a reportable incident not involving U.S. or



enemy persons will be investigated by U.S. Forces and ensure such incidents are reported promptly to appropriate U.S. Agencies, allied governments, or other appropriate authorities.



5.11.8. Ensure all plans, policies, directives, and rules of engagement issued by the command and its



subordinate commands and components are reviewed by legal advisers to ensure their consistency with this Directive and the law of war.



5.11.9. Ensure that law of war training and dissemination programs of subordinate commands and components are consistent with this Directive and the law of war obligations of the United States.


## 6. Information Requirements



6.1. In the further implementation of this Directive, that part. of the law of war relating to legal reviews of the



acquisition and procurement of weapons and weapon systems for the DoD Components is addressed in DoD Directive (DoDD) 5000.1 (Reference (m)), DoDD 3000.3 (Reference (n)), and in related guidance pertaining to Special Access Programs.



6.2. In the implementation of this Directive, DoDD 2310.01E (Reference (o)) and DoDD 3115.09 (Reference (p))



address the detention and interrogation of captured or detained personnel, and the minimum standards in the treatment of such detained personnel.



6.3. Reports of Incidents. All military and U.S. civilian employees, contractor personnel, and subcontractors



assigned to or accompanying a DoD Component shall report reportable incidents through their chain of command. Contracts shall require contractor employees to report reportable incidents to the commander of the unit they are accompanying or the installation to which they are assigned, or to the Combatant Commander. Such reports may be made through other channels, such as the military police, a judge advocate, or an inspector general. Reports made to officials other than those specified in this paragraph shall, nonetheless, be accepted and immediately forwarded through the recipient's chain of command.



6.4. Initial Report. The commander of any unit that obtains information about a reportable incident shall



immediately report the incident through the applicable operational command and Military Department. Reporting requirements are concurrent. The initial report shall be made through the most expeditious means available.



6.5. Higher authorities receiving an initial report shall:



6.5.1. Request a formal investigation by the cognizant military criminal investigative organization.



6.5.2. Submit a report of any reportable incident, by the most expeditious means available, through command



channels, to the responsible Combatant Commander. Reports shall be provided to the DoD Component officials designated by the Heads of the DoD Components concerned.



6.5.3. Submit a report, in accordance with DoDI 5240.4 (Reference (q)), concerning any criminal case,



regardless of the allegation, that has received, is expected to receive, or that, if disclosed, could reasonably be expected to receive significant media interest.



6.5.4. Submit a report, in accordance with DoDI 6055.7 (Reference (r)), concerning all incidents falling or



suspected to fall within the definition of "friendly fire" that may overlap with a possible or suspected law of war violation.



6.6. The Combatant Commander shall report, by the most expeditious means available, all reportable incidents to



the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, and the Secretary of the Army, in his or her role as the DoD Executive Agent under paragraph 5.9.



6.7. DoD Notifications. Notifications of a reportable incident shall be forwarded to the Chairman of the Joint Chiefs


of Staff; GC, DoD; ASD(PA); USD(P); USD(I); ASD(LA); and the Inspector General of the Department of Defense, who will inform their counterparts in any Military Department concerned by the most expeditious means available.



6.8. Information Requirements. The Event/Incident Reports referred to in this Directive and further described in Reference (r) are exempt from licensing in accordance with subparagraph 5.4.2. of Reference (k).



## 7. Effective Date

This Directive is effective immediately. / signed / 6 May 2006 Gordon England


Enclosures - 1



## E1. References, Continued


## References, Continued


(e) Articles 1, 127, 130, Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949



(f) Articles 1, 144, 147, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949

(g) Sections 801-940 of title 10, United States Code


2005

(i) Section 3261 of title 18, United States Code


(j) Section 2441 of title 18, United States Code


(k) DoD 8910.1-M, "Department of Defense Procedures for Management of Information Requirements," June 1998, authorized by DoD Directive 8910.1, June 11, 1993


(l) Section 163(a)(2) of title 10, United States Code

(m) DoD Directive 5000.1, "The Defense Acquisition System," May 12, 2003

(n) DoD Directive 3000.3, "Policy for Non-Lethal Weapons," July 9, 1996



(o) DoD Directive 2310.01E "The Department of Defense Detainee Program" (draft) upon publication


(p) DoD Directive 3115.09, "DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning," November 3, 2005



(q) DoD Instruction 5240.4, "Reporting of Counterintelligence and Criminal Violations," September 22, 1992


(r) DoD Instruction 6055.7, "Accident Investigation Reporting and Record Keeping," October 3, 2000



## Subject: The Department Of Defense Detainee Program


## References:



(a) DoD Directive 2310.01, "DoD Program for Enemy Prisoners of War (EPOW) and Other Detainees," August 18,
1994 (hereby canceled)



(b) DoD Directive 5101.1, "DoD Executive Agent," September 3, 2002


(c) Secretary of Defense Memorandum, "Office of Detainee Affairs," July 16, 2004 (hereby superseded)



(d) DoD Directive 2311.01E, "DoD Law of War Program," May 9, 2006


(e) through (k), see Enclosure 1

## 1. Reissuance And Purpose

This Directive:



1.1. Reissues Reference (a) to revise policy and responsibilities within the Department of Defense (DoD) for a



Detainee Program to ensure compliance with the laws of the United States, the law of war, including the Geneva Conventions of 1949, and all applicable policies, directives, or other issuances, consistent with References (d) through (k).



1.2. Re-designates, according to Reference (b), the Secretary of the Army as the DoD Executive Agent for the Administration of Department of Defense Detainee Operations Policy.



1.3. Supersedes Reference (c) and establishes the responsibilities of the Under Secretary of Defense for Policy



(USD(P)) as the lead proponent in developing, coordinating, and implementing policies and guidance pertaining to detainee operations.


## 2. Applicability



2.1. This Directive applies to:


2.1.1. The Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint


Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter collectively referred to as the "DoD Components").



2.1.2. DoD contractors assigned to or supporting the DoD Components engaged in, conducting, participating in, or supporting detainee operations.



2.1.3. Non-DoD personnel as a condition of permitting access to internment facilities or to detainees under DoD control.



2.1.4. All detainee operations conducted by DoD personnel (military and civilian), contractor employees under DoD cognizance, and DoD contractors supporting detainee operations.



2.2. This Directive applies during all armed conflicts, however such conflicts are characterized, and in all other military operations.



## 3. Definitions



Terms used in this Directive are defined, and are to be interpreted, in accordance with U.S. law and the law of war. Specific terms found in this directive are provided in Enclosure 2.



## 4. Policy

It is DoD policy that:



4.1. All detainees shall be treated humanely and in accordance with U.S. law, the law of war, and applicable U.S.

policy.



4.2. All persons subject to this Directive shall observe the requirements of the law of war, and shall apply, without



regard to a detainee's legal status, at a minimum the standards articulated in Common Article 3 to the Geneva Conventions of 1949 (References (g) through (j), full text of which is found in Enclosure 3), as construed and applied by U.S. law, and those found in Enclosure 4, in the treatment of all detainees, until their final release, transfer out of DoD control, or repatriation. Note that certain categories of detainees, such as enemy prisoners of war, enjoy protections under the law of war in addition to the minimum standards prescribed in Common Article 3 to References (g) through (j).



4.3. Captured or detained persons will be removed as soon as practicable from the point of capture and transported to detainee collection points, holding areas, or other detention locations operated by the DoD Components.



4.4. Detainees and their property shall be accounted for and records maintained according to applicable law, regulation, policy, or other issuances.



4.4.1. Detainees shall be assigned an Internment Serial Number (ISN) as soon as possible after coming under



DoD control, normally within 14 days of capture. DoD Components shall maintain full accountability for all detainees under DoD control.



4.4.2. Detainee records and reports shall be maintained, safeguarded, and provided to USD(P) and other DoD
Components as appropriate.



4.5. No person subject to this Directive shall accept the transfer of a detainee from another U.S. Government


Department or Agency, coalition forces, allied personnel, or other personnel not affiliated with the Department of Defense or the U.S. Government, except in accordance with applicable law, regulation, policy, and other issuances.



4.6. No detainee shall be released or transferred from the care, custody, or control of a DoD Component except in accordance with applicable law, regulation, policy, and other issuances.



4.7. Where doubt exists as to the status of a detainee, the detainee's status shall be determined by a competent authority.



4.8. Detainees under DoD control who do not enjoy prisoner of war protections under the law of war shall have the basis for their detention reviewed periodically by a competent authority.



4.9. All persons subject to this Directive shall:


4.9.1. Receive instruction and complete training, commensurate with their duties, in the laws, regulations,



policies, and other issuances applicable to detainee operations, prevention of violations of same, and the requirement to report alleged or suspected violations thereof that arise in the context of detainee operations.



4.9.2. Receive instruction and complete training in advance of conducting, participating in, or supporting



detainee operations, and annually thereafter. Training requirements and certifications of completion shall be documented according to applicable law and policy.



4.10. All persons subject to this Directive shall report possible, suspected, or alleged violations of the law of war,



and/or detention operations laws, regulations, or policy, for which there is credible information, or conduct, during military operations other than war, that would constitute a violation of law or policy if it occurred during an armed conflict, in accordance with References (d) and (k).



4.11. The International Committee of the Red Cross (ICRC) shall be allowed to offer its services during an armed conflict, however characterized, to which the United States is a party.



## 5. Responsibilities



5.1. The USD(P) shall:



5.1.1. Review, ensure coordination of, and approve all implementing policies or guidance to the DoD Detainee


Program, including all detainee matters involving interaction between the Department of Defense and other U.S. Government Departments or Agencies.



5.1.2. Review, ensure coordination of, and approve all implementing policy or guidance developed pursuant to



this Directive by DoD Components. DoD Components will forward copies of such documents to USD(P) for review prior to issuance.



5.1.3. Serve as the principal DoD interlocutor with the ICRC and develop policy and procedures to ensure the proper and timely reporting of ICRC communications to appropriate DoD and U.S. Government officials.



5.2. The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) shall:



5.2.1. Develop and oversee policy to ensure education and training programs satisfy DoD Component



requirements in the areas of language, culture, customs, and related matters and to assure that persons subject to this directive have been provided requisite training, knowledge, and skills, necessary to perform detainee operations duties.



5.2.2. Ensure the Assistant Secretary of Defense for Health Affairs develops policies, procedures, and


standards for medical program activities and issues DoD instructions consistent with this Directive for medical program activities required by the DoD Detainee Program.



5.2.3. Ensure the Assistant Secretary of Defense for Reserve Affairs develops policies, procedures, and


standards for Reserve Components and issues DoD Instructions consistent with this Directive for National Guard and Reserve activities required for the DoD Detainee Program.



5.3. The Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) shall:



5.3.1. Establish policies and procedures, in coordination with USD(P), the General Counsel, and the



appropriate DoD Components, to ensure all DoD contracts pursuant to which contractor employees interact with detainees include a requirement that such contractor employees receive training regarding the international obligations and laws of the United States applicable to detention operations.



5.3.2. Ensure contractor employees accompanying DoD Components in conducting, participating in, or



supporting detainee operations complete training and receive information on the law, regulations, and policies applicable to detention operations, and the requirements to report possible, suspected, or alleged violations that arise in the context of detention operations, in accordance with References (d) and (k).



5.4. The Under Secretary of Defense for Intelligence (USD(I)) shall:



5.4.1. Exercise primary responsibility for developing policy pertaining to DoD intelligence interrogations, detainee debriefings, and tactical questioning according to Reference (k).



5.4.2. Act as primary liaison between the Department of Defense and other agencies of the Intelligence Community on intelligence matters pertaining to detainees.



5.5. The General Counsel of the Department of Defense shall coordinate with the Department of Justice and other


agencies regarding detainee-related litigation matters and on matters pertaining to detainees who may be U.S. citizens, dual-nationals with U.S. citizenship, or U.S. resident aliens, as appropriate.



5.6. The Heads of the DoD Components shall ensure that all personnel are properly trained and certified in detainee operations commensurate with their duties, maintaining records of such training and certification.



5.7. The Secretary of the Army is hereby designated as the Executive Agent for the Administration of Department of Defense Detainee Operations Policy and in that role shall:


5.7.1. Ensure all Executive Agent responsibilities and functions for the administration of DoD detainee operations policy are assigned and executed according to Reference (b) and this Directive.



5.7.2. Develop and promulgate guidance, regulations, and instructions necessary for the DoD-wide implementation of detainee operations policy in coordination with USD(P).



5.7.3. Communicate directly with the Heads of the DoD Components as necessary to carry out assigned



functions. The Chairman of the Joint Chiefs of Staff shall be informed of communications to the Commanders of the Combatant Commands.



5.7.4. Designate a single point of contact within the Department of the Army for detainee operations policy, who shall also provide advice and assistance to USD(P).



5.7.5. Plan for and operate a national-level detainee reporting center and its elements (e.g., theater and lower



levels) to account for detainees. Coordinate with USD(P) to provide reports on detainee operations to the Secretary of Defense and others as appropriate.



5.7.6. Recommend DoD-wide detainee operations-related planning and programming guidance to the USD(P),


USD(AT&L), USD(I), USD(P&R), the Under Secretary of Defense (Comptroller), the Assistant Secretary of Defense for Networks and Information Integration, the Director of Program Analysis and Evaluation, and the Chairman of the Joint Chiefs of Staff. Provide information copies of such guidance to the Secretaries of the Military Departments.



5.7.7. Establish detainee operations training and certification standards, in coordination with the Secretaries of the Military Departments and the Joint Staff.



5.7.8. Develop programs to ensure all DoD detainee operations policy; doctrine; tactics, techniques, and



procedures; and regulations or other issuances are subject to periodic review, evaluation, and inspection for effectiveness and compliance with this Directive.



5.8. The Chairman of the Joint Chiefs of Staff shall:



5.8.1. Provide appropriate oversight to the Commanders of the Combatant Commands to ensure their detainee operations policies and procedures are consistent with this Directive.



5.8.2. Designate a single point of contact within the Joint Staff for matters pertaining to the implementation of this Directive.



5.8.3. Ensure that operational exercises routinely test the capabilities of the DoD Components to conduct, participate in, and support detainee operations, consistent with this Directive.



5.9. The Commanders of the Combatant Commands shall:



5.9.1. Plan, execute, and oversee Combatant Command detainee operations in accordance with this Directive and implementing issuances.



5.9.2. Develop programs and issue appropriate guidance and orders implementing this Directive. All such programs and guidance shall be subjected to periodic review and evaluation for compliance and efficacy.



5.9.3. When detainee internment facilities, holding areas, collection points, or interrogation facilities are in their area of responsibility:


5.9.3.1. Ensure procedures are established for the treatment of detainees consistent with this Directive.



5.9.3.2. Ensure detainees are provided with information, in their own language, concerning the rights, duties, and obligations of their detention, which may include applicable provisions of the Geneva Conventions.



5.9.3.3. Ensure periodic unannounced and announced inspections of internment facilities, including temporary holding areas and collection points, are conducted to provide continued oversight of detainee operations.



## 6. Effective Date

This Directive is effective immediately. / signed /


Gordon England

## Enclosures - 4



E1. References, continued


E2. Definitions


E3. Article 3 Common to the Geneva Conventions of 1949



E4. Detainee Treatment Policy

## E1. Enclosure 1 References, Continued

(e) Sections 2340 & 2340A of Title 18, U.S. Code



(f) The Detainee Treatment Act of 2005, Pub. L. No. 109-163 (119 STAT. 3474-3480), Section 1401-1406, Title XIV


(g) Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949



(h) Geneva Convention Relative to the Treatment of Civilian Persons in Time of War, August 12, 1949



(i) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949


(j) Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949



(k) DoD Directive 3115.09, "DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning," November 3, 2005


## E2. Enclosure 2 Definitions



E2.1. Detainee. Any person captured, detained, held, or otherwise under the control of DoD personnel (military, civilian, or contractor employee). It does not include persons being held primarily for law enforcement purposes, except where the United States is the occupying power. A detainee may also include the following categories:



E2.1.1. Enemy Combatant. In general, a person engaged in hostilities against the United States or its coalition


partners during an armed conflict. The term "enemy combatant" includes both "lawful enemy combatants" and "unlawful enemy combatants."



E2.1.1.1. Lawful Enemy Combatant. Lawful enemy combatants, who are entitled to protections under the



Geneva Conventions, include members of the regular armed forces of a State party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.



E2.1.1.2. Unlawful Enemy Combatant. Unlawful enemy combatants are persons not entitled to combatant



immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during an armed conflict. For purposes of the war on terrorism, the term Unlawful Enemy Combatant is defined to include, but is not limited to, an individual who is or was part. of or supporting Taliban or al Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners.



E2.1.2. Enemy Prisoner of War. Individuals under the custody and/or control of the Department of Defense according to Reference (g), Articles 4 and 5.



E2.1.3. Retained Person. Individuals under the custody and/or control of the Department of Defense according to Reference (g), Article 33.



E2.1.4. Civilian Internee. Individuals under the custody and/or control of the Department of Defense according to Reference (h), Article 4.



E2.2. Law of War. That part. of international law that regulates the conduct of armed hostilities and occupation. It is often called the "law of armed conflict" and encompasses all international law applicable to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party (e.g., the Geneva Conventions of 1949), and applicable customary international law.



## Article 3 Common To The Geneva Conventions Of 1949

E3.1. The text of Common Article 3 to the Geneva Conventions of 1949 is as follows:



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



"(1) Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed *hors de combat* by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.



"To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:



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



"(b) taking of hostages;


"(c) outrages upon personal dignity, in particular humiliating and degrading treatment;



"(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.


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


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



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


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



## E4. Enclosure 4 Detainee Treatment Policy



E4.1. In addition to the requirements in paragraph 4.2 and Enclosure 3, DoD policy relative to the minimum standards of treatment for all detainees in the control of DoD personnel (military, civilian, or contractor employee) is as follows:



E4.1.1. All persons captured, detained, interned, or otherwise in the control of DoD personnel during the course of


military operations will be given humane care and treatment from the moment they fall into the hands of DoD personnel until release, transfer out of DoD control, or repatriation, including:



E4.1.1.1. Adequate food, drinking water, shelter, clothing, and medical treatment;


E4.1.1.2. Free exercise of religion, consistent with the requirements of detention;



E4.1.1.3. All detainees will be respected as human beings. They will be protected against threats or acts of



violence including rape, forced prostitution, assault and theft, public curiosity, bodily injury, and reprisals. They will not be subjected to medical or scientific experiments. They will not be subjected to sensory deprivation. This list is not exclusive.



E4.1.2. All persons taken into the control of DoD personnel will be provided with the protections of Reference (g)
until some other legal status is determined by competent authority.



E4.1.3. The punishment of detainees known to have, or suspected of having, committed serious offenses will be administered in accordance with due process of law and under legally constituted authority.



E4.1.4. The inhumane treatment of detainees is prohibited and is not justified by the stress of combat or deep provocation.


Army Regulation 1908
OPNAVINST 3461.6
AFJI 31-304
MCO 3461.1



Military Police



# Enemy Prisoners Of War, Retained Personnel, Civilian Internees And Other Detainees


Headquarters
Departments of the Army,
the Navy, the Air Force,
and the Marine Corps
Washington, DC
1 October 1997



## Chapter 1 Introduction 11. Purpose



a.

This regulation provides policy, procedures, and responsibilities for the administration, treatment, employment,



and compensation of enemy prisoners of war (EPW), retained personnel (RP), civilian internees (CI) and other detainees (OD) in the custody of U.S. Armed Forces. This regulation also establishes procedures for transfer of custody from the United States to another detaining power.



b. This regulation implements international law, both customary and codified, relating to EPW, RP, CI, and ODs



which includes those persons held during military operations other than war. The principal treaties relevant to this regulation are:



(1) The 1949 Geneva Convention Relative to the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GWS).



(2) The 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GWS SEA).



(3) The 1949 Geneva Convention Relative to the Treatment of Prisoners of War (GPW).



(4) The 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War (GC), and in


the event of conflicts or discrepancies between this regulation and the Geneva Conventions, the provisions of the Geneva Conventions take precedence.


## 12. References

Required and related publications and prescribed and referenced forms are listed in appendix A.



## 13.Explanation Of Abbreviations And Terms

Abbreviations and special terms used in this regulation are explained in the glossary.



## 14.Responsibilities



a.

The Secretaries of the Military Departments. The Secretaries will


(1) Develop internal policies and procedures consistent with this regulation in support of the Department of Defense (DOD), EPW/CI and other detainee programs.



(2) Ensure that appropriate training, as required, pursuant to DOD Directive 5100.77 is provided so that the


principles of the Geneva Conventions, and the rights and obligations thereunder, are known by members of their service.



(3) Ensure that suspected or alleged violations of the international law of war are promptly reported and investigated per DOD Directive 5100.77.



(4) Conduct a periodic review of the EPW, CI and RP Program and training to ensure compliance with the law of war.



b. The Secretary of the Army (SA). The Secretary of the Army is the DOD Executive Agent (EA) for



administering the DOD EPW, CI and RP Program. The SA, in coordination with the Assistant Secretary of Defense, International Security Affairs (ASD-ISA), will plan and develop the policy and coordinate the operation of the programs.



c.

The Army Deputy Chief of Staff for Operations and Plans (DCSOPS). DCSOPS has primary Headquarters, Department of the Army (HQDA) staff responsibility for the EPW, CI and RP programs. The DCSOPS will



(1) Develop and disseminate policy guidance for the treatment, care, accountability, legal status, and processing of EPW, CI, RP, and ODs.



(2) Report suspected or alleged violations of law committed by or against military personnel or civilians.


(3) Provide HQDA staff supervision for National Prisoner of War Information Center (NPWIC).

(4) Develop plans for the initial assignment and replacement of block internment serial numbers (ISNs) from
the NPWIC to the Branch PWIC and for the assignment of the theater code section of the ISN.



(5) Provide necessary reports, coordination, technical advice, and staff assistance to:


(a) The Office of the Secretary of Defense (OSD).


(b) The Joint Chiefs of Staff (JCS).


(c) The military departments.


(d) Unified commands.


(e) Department of State and other Federal agencies.


(f) The International Committee of the Red Cross (ICRC).


(g)
Protecting powers.



d. The Army Judge Advocate General (TJAG). The TJAG will provide HQDA guidance and advice to commanders on the legal aspects of the EPW, CI and RP program. TJAG will



(1) Conduct liaison in coordination with the ASA-ISA, the Department of State, the Department of Justice,


and other Federal agencies; the JCS; the Defense Intelligence Agency (DIA); the military departments; the ICRC; the Protecting Powers; and other detaining powers, as required.



(2) Provide advice and assistance to commanders on legal aspects of reported violations by EPW, CI, RP, and ODs.



(3) Provide theater guidelines for any EPW, CI and RP claims against the U.S. Government.



(4) Provide guidance regarding GPW Article 5 Tribunals.



e.

Deputy Chief of Staff for Logistics (DCSLOG). The DCSLOG will ensure logistical resources are available to support EPW operations.



f.

The Assistant Secretary of the Army Financial Management (ASA-FM&C). The ASA-FM&C will establish


the policies and procedures governing entitlement, control, and accounting for pay, allowances, and personal funds for EPW, CI, RP, and ODs per the provisions of the GPW and GC.



g.

Combatant Commanders, Task Force Commanders and Joint Task Force Commanders. Combatant



Commanders, Task Force Commanders and Joint Task Force Commanders have the overall responsibility for the EPW, CI and RP program, operations, and contingency plans in the theater of operation involved to ensure compliance with international law of war. DOD Directive 2310.1 provides that persons captured or detained by the U.S. Military Services shall normally be handed over for safeguarding to U.S. Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U.S. Army Military Police as soon as practical. U.S. Army Military Police have units specifically organized to perform the long-term functions associated with EPW/CI internment. Commanders must ensure the proper force structure is included in any joint operational plans. Commanders at all levels will ensure that all EPW, CI, RP, and ODs are accounted for and humanely treated, and that collection, evacuation, internment, transfers, release, and repatriation operations are conducted per this regulation. Combatant Commanders, Task Force Commanders and Joint Task Force Commanders will



(1) Provide for an EPW, CI and RP camp liaison and assistance program to ensure the protection of U.S.

interests per the Geneva Conventions upon the capture and transfer of EPW, CI, RP, and ODs to a host or other nation.



(2) Plan and procure logistical support to include: transportation, subsistence, personal, organizational and



Nuclear, Biological & Chemical (NBC) clothing and equipment items, mail collection and distribution, laundry, and bath for EPW, CI and RP.



(3) Collect and dispose of captured enemy supplies and equipment through theater logistics and Explosive Ordnance Disposal (EOD) channels.



(4) Coordinate for acquisition of real estate, and as required, for planning, design, contracting, and construction of facilities for EPW, CI and RP with the Theater or JTF Engineer.



(5) Establish guidance for the use, transport, and evacuation of EPW, CI, RP, and ODs in logistical support operations.



(6) Identify requirements and allocations for Army Medical units in support of the EPW, CI and RP Program,


and ensure that the medical annex of OPLANs, OPORDs and contingency plans includes procedures for treatment of EPW, CI, RP, and ODs. Medical support will specifically include:

(a) First aid and all sanitary aspects of food service including provisions for potable water, pest
management, and entomological support.


(b) Preventive medicine.


(c) Professional medical services and medical supply.


(d) Reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP and OD personnel and medical material.



(e) Establishing policy for medical repatriation of EPW, CI and RP and monitoring the actions of the Mixed Medical Commission.



h.

U. S. Army Criminal Investigation Command (USACIDC). USACIDC will provide criminal investigative support to EPW, CI and RP Camp Commanders per AR 195-2.



## 15. General Protection Policy



a.

U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows:



(1) All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the


course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation.



(2) All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority.



(3) The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses


will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial.



(4) The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with



deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).



b. All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex,



or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment.



c.

All persons will be respected as human beings. They will be protected against all acts of violence to include



rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence.



d. Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment



Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander's chain of command.



e.

A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S.



Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.



f.

Medical Personnel. Retained medical personnel shall receive as a minimum the benefits and protection given



to EPW and shall also be granted all facilities necessary to provide for the medical care of EPW. They shall continue to exercise their medical functions for the benefit of EPW, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the United States Armed Forces. They shall be provided with necessary transport and allowed to periodically visit EPW situated in working detachments or in hospitals outside the EPW camp. Although 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 duties. The senior medical officer shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel.


## G. Religion.



(1) EPW, and RP will enjoy latitude in the exercise of their religious practices, including attendance at the


service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate space will be provided where religious services may be held.



(2) Military chaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and



RP, will be allowed to minister to EPW, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. They will enjoy the necessary facilities, including the means of transport provided in the Geneva Convention, for visiting the EPW, RP, outside their camp. They will 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 organizations. Chaplains shall not be compelled to carry out any work other than their religious duties.



(3) Enemy Prisoners of War, who are ministers of religion, without having officiated as chaplains to their own



forces, will be at liberty, whatever their denomination, to minister freely to the members of their faith in U.S. custody. For this purpose, they will receive the same treatment as the chaplains retained by the United States. They are not to be obligated to do any additional work.



(4) If EPW, RP, do not have the assistance of a chaplain or a minister of their faith. A minister belonging to



the prisoner's denomination, or in a minister's absence, a qualified layman, will be appointed, at the request of the prisoners, to fill this office. This appointment, subject to approval of the camp commander, will take place with agreement from the religious community of prisoners concerned and, wherever necessary, with approval of the local religious authorities of the same faith. The appointed person will comply with all regulations established by the United States.



## 16. Tribunals



a.

In accordance with Article 5, GPW, if any doubt arises as to whether a person, having committed a belligerent



act and been taken into custody by the US Armed Forces, belongs to any of the categories enumerated in Article 4, GPW, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.



b. A competent tribunal shall determine the status of any person not appearing to be entitled to prisoner of war



status who has committed a belligerent act or has engaged in hostile activities in aid of enemy armed forces, and who asserts that he or she is entitled to treatment as a prisoner of war, or concerning whom any doubt of a like nature exists.



c.

A competent tribunal shall be composed of three commissioned officers, one of whom must be of a field grade.



The senior officer shall serve as President of the Tribunal. Another non-voting officer, preferably an officer in the Judge Advocate General Corps, shall serve as the recorder.



d. The convening authority shall be a commander exercising general courts-martial convening authority.



e.

Procedures.



(1) Members of the Tribunal and the recorder shall be sworn. The recorder shall be sworn first by the



President of the Tribunal. The recorder will then administer the oath to all voting members of the Tribunal to include the President.



(2) A written record shall be made of proceedings.



(3) Proceedings shall be open except for deliberation and voting by the members and testimony or other matters which would compromise security if held in the open.



(4) Persons whose status is to be determined shall be advised of their rights at the beginning of their hearings.



(5) Persons whose status is to be determined shall be allowed to attend all open sessions and will be provided with an interpreter if necessary.



(6) Persons whose status is to be determined shall be allowed to call witnesses if reasonably available, and to



question those witnesses called by the Tribunal. Witnesses shall not be considered reasonably available if, as determined by their commanders, their presence at a hearing would affect combat or support operations. In these cases, written statements, preferably sworn, may be submitted and considered as evidence.



(7) Persons whose status is to be determined have a right to testify or otherwise address the Tribunal.



(8) Persons whose status is to be determined may not be compelled to testify before the Tribunal.



(9) Following the hearing of testimony and the review of documents and other evidence, the Tribunal shall



determine the status of the subject of the proceeding in closed session by majority vote. Preponderance of evidence shall be the standard used in reaching this determination.



(10) A written report of the tribunal decision is completed in each case. Possible board determinations are:

(a) EPW.



(b) Recommended RP, entitled to EPW protections, who should be considered for certification as a medical, religious, or volunteer aid society RP.



(c) Innocent civilian who should be immediately returned to his home or released.



(d) Civilian Internee who for reasons of operational security, or probable cause incident to criminal
investigation, should be detained.


f.

The recorder shall prepare the record of the Tribunal within three work days of the announcement of the



tribunal's decision. The record will then be forwarded to the first Staff Judge Advocate in the internment facility's chain of command.



g.

Persons who have been determined by a competent tribunal not to be entitled to prisoner of war status may not



be executed, imprisoned, or otherwise penalized without further proceedings to determine what acts they have committed and what penalty should be imposed. The record of every Tribunal proceeding resulting in a determination denying EPW status shall be reviewed for legal sufficiency when the record is received at the office of the Staff Judge Advocate for the convening authority.



* * *


## 19. Public Affairs



In the interest of national security, and the protection of the prisoners from public curiosity, and in adherence to the GPW and GC, EPW, CI, RP and other detainees will not be photographed as per paragraph 1-5d. Interviews of EPW, CI, RP and other detainees by news media will not be permitted. Requests for media access to EPW, CI, or other detainee internment facilities will be coordinated through the Public Affairs Office, and the Staff Judge Advocate, and approved by the first commander who exercises General Court Martial Convening Authority over the internment facility. Requests for exception to policy will be forwarded through command channels to HQDA (SAPA-PP), Washington, D.C. 20310-4420.



* * *



# Executive Order 12333 United States Intelligence Activities

## December 4, 1981

# (As Amended .By Executive Orders 13284 (2003), 13355 (2004) And 13470 (2008))

## Preamble



Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence possible. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, (Act) and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows:



## Part 1 Goals, Directions, Duties, And Responsibilities With Respect To United States Intelligence Efforts



1.1 Goals. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal.



(a) All means, consistent with applicable Federal



law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests.



(b) The United States Government has a solemn


obligation, and shall continue in the conduct of intelligence activities under this order, to protect fully



the legal rights of all United States persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law.



(c) Intelligence collection under this order should



be guided by the need for information to respond to intelligence priorities set by the President.



(d) Special emphasis should be given to detecting and countering:


(1) Espionage and other threats and activities


directed by foreign powers or their intelligence services against the United States and its interests;



(2) Threats to the United States and its interests from terrorism; and



(3) Threats to the United States and its


interests from the development, possession, proliferation, or use of weapons of mass destruction.



(e) Special emphasis shall be given to the



production of timely, accurate, and insightful reports, responsive to decision makers in the executive branch, that draw on all appropriate sources of information, including open source information, meet rigorous analytic standards, consider diverse analytic viewpoints, and accurately represent appropriate alternative views.



(f) State, local, and tribal governments are critical



partners in securing and defending the United States from terrorism and other threats to the United States and its interests. Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States.



(g) All departments and agencies have a



responsibility to prepare and to provide intelligence in a manner that allows the full and free exchange of information, consistent with applicable law and presidential guidance.


## 1.2 The National Security Council.



(a) Purpose. The National Security Council



(NSC) shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs.



(b) Covert Action and Other Sensitive



Intelligence Operations. The NSC shall consider and submit to the President a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such



activities and consistency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also review proposals for other sensitive intelligence operations.



1.3 Director of National Intelligence. Subject to the authority, direction, and control of the President, the Director of National Intelligence (Director) shall serve as the head of the Intelligence Community, act as the principal adviser to the President, to the NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the implementation of the National Intelligence Program and execution of the National Intelligence Program budget. The Director will lead a unified, coordinated, and effective intelligence effort. In addition, the Director shall, in carrying out the duties and responsibilities under this section, take into account the views of the heads of departments containing an element of the Intelligence Community and of the Director of the Central Intelligence Agency.



(a) Except as otherwise directed by the President



or prohibited by law, the Director shall have access to all information and intelligence described in section 1.5(a) of this order. For the purpose of access to and sharing of information and intelligence, the Director:


(1) Is hereby assigned the function under



section 3(5) of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and


(2) Shall develop guidelines for how



information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1.5(a) of this order, and for how the information or intelligence may be used and shared by the Intelligence Community. All guidelines developed in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section 1016 of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108-458) (IRTPA).



(b) In addition to fulfilling the obligations and responsibilities prescribed by the Act, the Director:


(1) Shall establish objectives, priorities, and



guidance for the Intelligence Community to ensure timely and effective collection, processing, analysis, and dissemination of intelligence, of whatever nature and from whatever source derived;



(2) May designate, in consultation with


affected heads of departments or Intelligence Community elements, one or more Intelligence Community elements to develop and to maintain



services of common concern on behalf of the Intelligence Community if the Director determines such services can be more efficiently or effectively accomplished in a consolidated manner;



(3) Shall oversee and provide advice to the



President and the NSC with respect to all ongoing and proposed covert action programs;



(4) In regard to the establishment and


conduct of intelligence arrangements and agreements with foreign governments and international organizations:


(A) May enter into intelligence and


counterintelligence arrangements and agreements with foreign governments and international organizations;


(B) Shall formulate policies concerning


intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations; and


(C) Shall align and synchronize



intelligence and counterintelligence foreign relationships among the elements of the Intelligence Community to further United States national security, policy, and intelligence objectives;


(5) Shall participate in the development of


procedures approved by the Attorney General governing criminal drug intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs;


(6) Shall establish common security and


access standards for managing and handling intelligence systems, information, and products, with special emphasis on facilitating:


(A) The fullest and most prompt access



to and dissemination of information and intelligence practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and


(B) The establishment of standards for an


interoperable information sharing enterprise that facilitates the sharing of intelligence information among elements of the Intelligence Community;


(7) Shall ensure that appropriate departments



and agencies have access to intelligence and receive the support needed to perform independent analysis;



(8) Shall protect, and ensure that programs



are developed to protect, intelligence sources, methods, and activities from unauthorized disclosure;


(9) Shall, after consultation with the heads of


affected departments and agencies, establish guidelines for Intelligence Community elements for:


(A) Classification and declassification of



all intelligence and intelligence-related information classified under the authority of the Director or the authority of the head of a department or Intelligence Community element; and



(B) Access to and dissemination of all



intelligence and intelligence-related information, both in its final form and in the form when initially gathered, to include intelligence originally classified by the head of a department or Intelligence Community element, except that access to and dissemination of information concerning United States persons shall be governed by procedures developed in accordance with Part 2 of this order;



(10) May, only with respect to Intelligence



Community elements, and after consultation with the head of the originating Intelligence Community element or the head of the originating department, declassify, or direct the declassification of, information or intelligence relating to intelligence sources, methods, and activities. The Director may only delegate this authority to the Principal Deputy Director of National Intelligence;


(11) May establish, operate, and direct one or



more national intelligence centers to address intelligence priorities;


(12) May establish Functional Managers and


Mission Managers, and designate officers or employees of the United States to serve in these positions.



(A) Functional Managers shall report to



the Director concerning the execution of their duties as Functional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intelligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordination within and across intelligence disciplines and Intelligence Community elements and with related non-intelligence activities. Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director.



(i) The Director of the National



Security Agency is designated the Functional Manager for signals intelligence;


(ii) The Director of the Central



Intelligence Agency is designated the Functional Manager for human intelligence; and


(iii) The Director of the National



Geospatial-Intelligence Agency is designated the Functional Manager for geospatial intelligence.



(B) Mission Managers shall serve as



principal substantive advisors on all or specified aspects of intelligence related to designated countries, regions, topics, or functional issues;


(13) Shall establish uniform criteria for the


determination of relative priorities for the transmission of critical foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such communications;


(14) Shall have ultimate responsibility for



production and dissemination of intelligence produced by the Intelligence Community and authority to levy analytic tasks on intelligence production organizations within the Intelligence Community, in consultation with the heads of the Intelligence Community elements concerned;


(15) May establish advisory groups for the



purpose of obtaining advice from within the Intelligence Community to carry out the Director's responsibilities, to include Intelligence Community executive management committees composed of senior Intelligence Community leaders. Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate;


(16) Shall ensure the timely exploitation and



dissemination of data gathered by national intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government elements, including military commands;


(17) Shall determine requirements and



priorities for, and manage and direct the tasking, collection, analysis, production, and dissemination of, national intelligence by elements of the Intelligence Community, including approving requirements for collection and analysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intelligence Community elements (except when otherwise directed by the President or when the Secretary of Defense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director);


(18) May provide advisory tasking concerning



collection and analysis of information or intelligence relevant to national intelligence or national security to departments, agencies, and establishments of the United States Government that are not elements of the Intelligence Community; and shall establish procedures, in consultation with affected heads of departments or agencies and subject to approval by the Attorney General, to implement this authority and to monitor or evaluate the responsiveness of United States


Government departments, agencies, and other to law and presidential direction of Chiefs of United


establishments;
States Missions; and


(19) Shall fulfill the responsibilities in section



1.3(b)(17) and (18) of this order, consistent with applicable law and with full consideration of the rights of United States persons, whether information is to be collected inside or outside the United States;


(20) Shall ensure, through appropriate policies



and procedures, the deconfliction, coordination, and integration of all intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program. In accordance with these policies and procedures:


(A) The Director of the Federal Bureau


of Investigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities inside the United States;


(B) The Director of the Central


Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities outside the United States;


(C) All policies and procedures for the



coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attorney General; and


(D) All policies and procedures


developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements;


(21) Shall, with the concurrence of the heads



of affected departments and agencies, establish joint procedures to deconflict, coordinate, and synchronize intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government departments, agencies, and establishments;



(22) Shall, in coordination with the heads of



departments containing elements of the Intelligence Community, develop procedures to govern major system acquisitions funded in whole or in majority part. by the National Intelligence Program;


(23) Shall seek advice from the Secretary of



State to ensure that the foreign policy implications of proposed intelligence activities are considered, and shall ensure, through appropriate policies and procedures, that intelligence activities are conducted in a manner consistent with the responsibilities pursuant


(24) Shall facilitate the use of Intelligence



Community products by the Congress in a secure manner.



(c) The Director's exercise of authorities in the



Act and this order shall not abrogate the statutory or other responsibilities of the heads of departments of the United States Government or the Director of the Central Intelligence Agency. Directives issued and actions taken by the Director in the exercise of the Director's authorities and responsibilities to integrate, coordinate, and make the Intelligence Community more effective in providing intelligence related to national security shall be implemented by the elements of the Intelligence Community, provided that any department head whose department contains an element of the Intelligence Community and who believes that a directive or action of the Director violates the requirements of section 1018 of the IRTPA or this subsection shall bring the issue to the attention of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments.



(d) Appointments to certain positions.


(1) The relevant department or bureau head



shall provide recommendations and obtain the concurrence of the Director for the selection of: the Director of the National Security Agency, the Director of the National Reconnaissance Office, the Director of the National Geospatial-Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury, and the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation. If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the recommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director's intention to withhold concurrence.



(2) The relevant department head shall



consult with the Director before appointing an individual to fill a vacancy or recommending to the President an individual be nominated to fill a vacancy in any of the following positions: the Under Secretary of Defense for Intelligence; the Director of the Defense Intelligence Agency; uniformed heads of the intelligence elements of the Army, the Navy, the Air


Force, and the Marine Corps above the rank of Major General or Rear Admiral; the Assistant Commandant of the Coast Guard for Intelligence; and the Assistant Attorney General for National Security.



(e) Removal from certain positions.



(1) Except for the Director of the Central



Intelligence Agency, whose removal the Director may recommend to the President, the Director and the relevant department head shall consult on the removal, or recommendation to the President for removal, as the case may be, of: the Director of the National Security Agency, the Director of the National Geospatial- Intelligence Agency, the Director of the Defense Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, and the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. If the Director and the department head do not agree on removal, or recommendation for removal, either may make a recommendation to the President for the removal of the individual.



(2) The Director and the relevant department



or bureau head shall consult on the removal of: the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Director of the National Reconnaissance Office, the Assistant Commandant of the Coast Guard for Intelligence, and the Under Secretary of Defense for Intelligence. With respect to an individual appointed by a department head, the department head may remove the individual upon the request of the Director; if the department head chooses not to remove the individual, either the Director or the department head may advise the President of the department head's intention to retain the individual. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense.



(3) Nothing in this subsection shall be



construed to limit or otherwise affect the authority of the President to nominate, appoint, assign, or terminate the appointment or assignment of any individual, with or without a consultation, recommendation, or concurrence.



1.4 The Intelligence Community. Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Community shall:


(a) Collect and provide information needed by the



President and, in the performance of executive functions, the Vice President, the NSC, the Homeland Security Council, the Chairman of the Joint Chiefs of Staff, senior military commanders, and other executive branch officials and, as appropriate, the Congress of the United States;


(b) In accordance with priorities set by the



President, collect information concerning, and conduct activities to protect against, international terrorism, proliferation of weapons of mass destruction, intelligence activities directed against the United States, international criminal drug activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents;


(c) Analyze, produce, and disseminate intelligence;


(d) Conduct administrative, technical, and other


support activities within the United States and abroad necessary for the performance of authorized activities, to include providing services of common concern for the Intelligence Community as designated by the Director in accordance with this order;



(e) Conduct research, development, and


procurement of technical systems and devices relating to authorized functions and missions or the provision of services of common concern for the Intelligence Community;


(f) Protect the security of intelligence related



activities, information, installations, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Intelligence Community elements as are necessary;


(g) Take into account State, local, and tribal


governments' and, as appropriate, private sector entities' information needs relating to national and homeland security;


(h) Deconflict, coordinate, and integrate all


intelligence activities and other information gathering in accordance with section 1.3(b)(20) of this order; and


(i) Perform such other functions and duties



related to intelligence activities as the President may direct.



1.5 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies. The heads of all departments and agencies shall:



(a) Provide the Director access to all information



and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such



information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;


(b) Provide all programmatic and budgetary



information necessary to support the Director in developing the National Intelligence Program;


(c) Coordinate development and implementation



of intelligence systems and architectures and, as appropriate, operational systems and architectures of their departments, agencies, and other elements with the Director to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal requirements;



(d) Provide, to the maximum extent permitted by



law, subject to the availability of appropriations and not inconsistent with the mission of the department or agency, such further support to the Director as the Director may request, after consultation with the head of the department or agency, for the performance of the Director's functions;



(e) Respond to advisory tasking from the Director



under section 1.3(b)(18) of this order to the greatest extent possible, in accordance with applicable policies established by the head of the responding department or agency;


(f) Ensure that all elements within the department



or agency comply with the provisions of Part 2 of this order, regardless of Intelligence Community affiliation, when performing foreign intelligence and counterintelligence functions;


(g) Deconflict, coordinate, and integrate all



intelligence activities in accordance with section 1.3(b)(20), and intelligence and other activities in accordance with section 1.3(b)(21) of this order;


(h) Inform the Attorney General, either directly or


through the Federal Bureau of Investigation, and the Director of clandestine collection of foreign intelligence and counterintelligence activities inside the United States not coordinated with the Federal Bureau of Investigation;



(i) Pursuant to arrangements developed by the


head of the department or agency and the Director of the Central Intelligence Agency and approved by the Director, inform the Director and the Director of the Central Intelligence Agency, either directly or through his designee serving outside the United States, as appropriate, of clandestine collection of foreign intelligence collected through human sources or through human-enabled means outside the United States that has not been coordinated with the Central Intelligence Agency; and


(j) Inform the Secretary of Defense, either directly or through his designee, as appropriate, of


clandestine collection of foreign intelligence outside the United States in a region of combat or contingency military operations designated by the Secretary of Defense, for purposes of this paragraph, after consultation with the Director of National Intelligence.



1.6 Heads of Elements of the Intelligence Community.

The heads of elements of the Intelligence Community shall:



(a) Provide the Director access to all information



and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;



(b) Report to the Attorney General possible



violations of Federal criminal laws by employees and of specified Federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures;



(c) Report to the Intelligence Oversight Board,



consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive;


(d) Protect intelligence and intelligence sources,


methods, and activities from unauthorized disclosure in accordance with guidance from the Director;


(e) Facilitate, as appropriate, the sharing of



information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities;


(f) Disseminate information or intelligence to



foreign governments and international organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1.3(b)(4) of this order;


(g) Participate in the development of procedures



approved by the Attorney General governing production and dissemination of information or intelligence resulting from criminal drug intelligence activities abroad if they have intelligence responsibilities for foreign or domestic criminal drug production and trafficking; and


(h) Ensure that the inspectors general, general


counsels, and agency officials responsible for privacy or civil liberties protection for their respective



organizations have access to any information or intelligence necessary to perform their official duties.



1.7 Intelligence Community Elements. Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within executive departments shall serve the information and intelligence needs of their respective heads of departments and also shall operate as part. of an integrated Intelligence Community, as provided in law or this order.



(a) THE CENTRAL INTELLIGENCE



AGENCY. The Director of the Central Intelligence Agency shall:


(1) Collect (including through clandestine


means), analyze, produce, and disseminate foreign intelligence and counterintelligence;


(2) Conduct counterintelligence activities


without assuming or performing any internal security functions within the United States;


(3) Conduct administrative and technical


support activities within and outside the United States as necessary for cover and proprietary arrangements;


(4) Conduct covert action activities approved



by the President. No agency except the Central Intelligence Agency (or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law 93-148) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective;



(5) Conduct foreign intelligence liaison


relationships with intelligence or security services of foreign governments or international organizations consistent with section 1.3(b)(4) of this order;


(6) Under the direction and guidance of the



Director, and in accordance with section 1.3(b)(4) of this order, coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or security services of foreign governments or international organizations; and


(7) Perform such other functions and duties related to intelligence as the Director may direct.



(b) THE DEFENSE INTELLIGENCE AGENCY.

The Director of the Defense Intelligence Agency shall:


(1) Collect (including through clandestine means), analyze, produce, and disseminate foreign



intelligence and counterintelligence to support national and departmental missions;


(2) Collect, analyze, produce, or, through


tasking and coordination, provide defense and defenserelated intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non- Defense agencies;


(3) Conduct counterintelligence activities;


(4) Conduct administrative and technical


support activities within and outside the United States as necessary for cover and proprietary arrangements;


(5) Conduct foreign defense intelligence



liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order;


(6) Manage and coordinate all matters related to the Defense Attache system; and


(7) Provide foreign intelligence and


counterintelligence staff support as directed by the Secretary of Defense.



(c) THE NATIONAL SECURITY AGENCY.

The Director of the National Security Agency shall:


(1) Collect (including through clandestine


means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;


(2) Establish and operate an effective unified



organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director;


(3) Control signals intelligence collection and


processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders;


(4) Conduct administrative and technical


support activities within and outside the United States as necessary for cover arrangements;


(5) Provide signals intelligence support for


national and departmental requirements and for the conduct of military operations;


(6) Act as the National Manager for National Security Systems as established in law and policy, and



in this capacity be responsible to the Secretary of Defense and to the Director;



(7) Prescribe, consistent with section


102A(g) of the Act, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling, and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and


(8) Conduct foreign cryptologic liaison



relationships in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.



(d) THE NATIONAL RECONNAISSANCE



OFFICE. The Director of the National Reconnaissance Office shall:


(1) Be responsible for research and



development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and


(2) Conduct foreign liaison relationships



relating to the above missions, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.



(e) THE NATIONAL GEOSPATIAL



INTELLIGENCE AGENCY. The Director of the National Geospatial-Intelligence Agency shall:


(1) Collect, process, analyze, produce, and



disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;


(2) Provide geospatial intelligence support


for national and departmental requirements and for the conduct of military operations;


(3) Conduct administrative and technical


support activities within and outside the United States as necessary for cover arrangements; and


(4) Conduct foreign geospatial intelligence


liaison relationships, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.


## (F) The Intelligence And



COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall:


(1) Collect (including through clandestine means), produce, analyze, and disseminate defense and



defense-related intelligence and counterintelligence to support departmental requirements, and, as appropriate, national requirements;


(2) Conduct counterintelligence activities;


(3) Monitor the development, procurement,


and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and


(4) Conduct military intelligence liaison


relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.


## (G) Intelligence Elements Of The



FEDERAL BUREAU OF INVESTIGATION. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall:


(1) Collect (including through clandestine



means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions, in accordance with procedural guidelines approved by the Attorney General, after consultation with the Director;


(2) Conduct counterintelligence activities;
and


(3) Conduct foreign intelligence and


counterintelligence liaison relationships with intelligence, security, and law enforcement services of foreign governments or international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.



## (H) The Intelligence And



COUNTERINTELLIGENCE ELEMENTS OF THE
COAST GUARD. The Commandant of the Coast Guard shall:


(1) Collect (including through clandestine


means), analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense-related information and intelligence to support national and departmental missions;


(2) Conduct counterintelligence activities;


(3) Monitor the development, procurement,


and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and


(4) Conduct foreign intelligence liaison


relationships and intelligence exchange programs with foreign intelligence services, security services or international organizations in accordance with sections



1.3(b)(4), 1.7(a)(6), and, when operating as part. of the Department of Defense, 1.10(i) of this order.


## (I) The Bureau Of Intelligence And



RESEARCH, DEPARTMENT OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the Bureau of Intelligence and Research, Department of State; the Office of Intelligence and Analysis, Department of the Treasury; the Office of National Security Intelligence, Drug Enforcement Administration; the Office of Intelligence and Analysis, Department of Homeland Security; and the Office of Intelligence and Counterintelligence, Department of Energy shall:


(1) Collect (overtly or through publicly


available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support national and departmental missions; and


(2) Conduct and participate in analytic or



information exchanges with foreign partners and international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.



(j) THE OFFICE OF THE DIRECTOR OF



NATIONAL INTELLIGENCE. The Director shall collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions.



1.8 The Department of State. In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of this order, the Secretary of State shall:


(a) Collect (overtly or through publicly available



sources) information relevant to United States foreign policy and national security concerns;



(b) Disseminate, to the maximum extent possible,


reports received from United States diplomatic and consular posts;


(c) Transmit reporting requirements and advisory



taskings of the Intelligence Community to the Chiefs of United States Missions abroad; and


(d) Support Chiefs of United States Missions in



discharging their responsibilities pursuant to law and presidential direction.



1.9 The Department of the Treasury. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury shall collect (overtly or through publicly available sources) foreign financial information and, in consultation with the Department of State, foreign economic information.



1.10The Department of Defense. The Secretary of Defense shall:


(a) Collect (including through clandestine



means), analyze, produce, and disseminate information and intelligence and be responsive to collection tasking and advisory tasking by the Director;


(b) Collect (including through clandestine


means), analyze, produce, and disseminate defense and defense-related intelligence and counterintelligence, as required for execution of the Secretary's responsibilities;


(c) Conduct programs and missions necessary to


fulfill national, departmental, and tactical intelligence requirements;


(d) Conduct counterintelligence activities in



support of Department of Defense components and coordinate counterintelligence activities in accordance with section 1.3(b)(20) and (21) of this order;


(e) Act, in coordination with the Director, as the


executive agent of the United States Government for signals intelligence activities;


(f) Provide for the timely transmission of critical


intelligence, as defined by the Director, within the United States Government;


(g) Carry out or contract for research,



development, and procurement of technical systems and devices relating to authorized intelligence functions;


(h) Protect the security of Department of Defense


installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary;


(i) Establish and maintain defense intelligence



relationships and defense intelligence exchange programs with selected cooperative foreign defense establishments, intelligence or security services of foreign governments, and international organizations, and ensure that such relationships and programs are in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order;


(j) Conduct such administrative and technical support activities within and outside the United States



as are necessary to provide for cover and proprietary arrangements, to perform the functions described in sections (a) though (i) above, and to support the Intelligence Community elements of the Department of Defense; and


(k) Use the Intelligence Community elements



within the Department of Defense identified in section 1.7(b) through (f) and, when the Coast Guard is operating as part. of the Department of Defense, (h)above to carry out the Secretary of Defense's responsibilities assigned in this section or other departments, agencies, or offices within the Department of Defense, as appropriate, to conduct the intelligence missions and responsibilities assigned to the Secretary of Defense.



1.11The Department of Homeland Security. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the Secretary of Homeland Security shall conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President or the Vice President of the United States, the Executive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General.



1.12The Department of Energy. In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Department of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall:


(a) Provide expert scientific, technical, analytic,



and research capabilities to other agencies within the Intelligence Community, as appropriate;


(b) Participate in formulating intelligence


collection and analysis requirements where the special expert capability of the Department can contribute; and


(c) Participate with the Department of State in


overtly collecting information with respect to foreign energy matters.



1.13The Federal Bureau of Investigation. In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this order and under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the Federal Bureau of Investigation shall provide technical



assistance, within or outside the United States, to foreign intelligence and law enforcement services, consistent with section 1.3(b)(20) and (21) of this order, as may be necessary to support national or departmental missions.


## Part 2 Conduct Of Intelligence Activities



2.1 Need. Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to informed decision making in the areas of national security, national defense, and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative, and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.



2.2 Purpose. This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities, the spread of weapons of mass destruction, and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency.



2.3 Collection of information. Elements of the Intelligence Community are authorized to collect, retain, or disseminate information concerning United States persons only in accordance with procedures established by the head of the Intelligence Community element concerned or by the head of a department containing such element and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order, after consultation with the Director. Those procedures shall permit collection, retention, and dissemination of the following types of information:



(a) Information that is publicly available or collected with the consent of the person concerned;


(b) Information constituting foreign intelligence



or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be



undertaken by the Federal Bureau of Investigation (FBI) or, when significant foreign intelligence is sought, by other authorized elements of the Intelligence Community, provided that no foreign intelligence collection by such elements may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons;



(c) Information obtained in the course of a lawful


foreign intelligence, counterintelligence, international drug or international terrorism investigation;



(d) Information needed to protect the safety of


any persons or organizations, including those who are targets, victims, or hostages of international terrorist organizations;



(e) Information needed to protect foreign



intelligence or counterintelligence sources, methods, and activities from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for such employment or contracting;


(f) Information concerning persons who are



reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility;



(g) Information arising out of a lawful personnel, physical, or communications security investigation;


(h) Information acquired by overhead



reconnaissance not directed at specific United States persons;


(i) Incidentally obtained information that may


indicate involvement in activities that may violate Federal, state, local, or foreign laws; and


(j) Information necessary for administrative purposes.



In addition, elements of the Intelligence Community may disseminate information to each appropriate element within the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General.



2.4 Collection Techniques. Elements of the Intelligence Community shall use the least intrusive collection techniques feasible within the United States



or directed against United States persons abroad. Elements of the Intelligence Community are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:


(a) The Central Intelligence Agency (CIA) to



engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance;



(b) Unconsented physical searches in the United


States by elements of the Intelligence Community other than the FBI, except for:


(1) Searches by counterintelligence elements



of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and


(2) Searches by CIA of personal property of non-United States persons lawfully in its possession;



(c) Physical surveillance of a United States


person in the United States by elements of the Intelligence Community other than the FBI, except for:


(1) Physical surveillance of present or former


employees, present or former intelligence element contractors or their present or former employees, or applicants for any such employment or contracting; and



(2) Physical surveillance of a military person



employed by a non-intelligence element of a military service; and



(d) Physical surveillance of a United States



person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means.



2.5 Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is



probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. The authority delegated pursuant to this paragraph, including the authority to approve the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978, as amended, shall be exercised in accordance with that Act.



2.6 Assistance to Law Enforcement and other Civil Authorities. Elements of the Intelligence Community are authorized to:


(a) Cooperate with appropriate law enforcement


agencies for the purpose of protecting the employees, information, property, and facilities of any element of the Intelligence Community;


(b) Unless otherwise precluded by law or this



Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities;


(c) Provide specialized equipment, technical



knowledge, or assistance of expert personnel for use by any department or agency, or when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing element or department; and


(d) Render any other assistance and cooperation


to law enforcement or other civil authorities not precluded by applicable law.



2.7 Contracting. Elements of the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution.



2.8 Consistency With Other Laws. Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States.



2.9 Undisclosed Participation in Organizations Within the United States. No one acting on behalf of elements of the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any element of the Intelligence Community without disclosing such person's intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such participation shall be



authorized only if it is essential to achieving lawful purposes as determined by the Intelligence Community element head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where:



(a) The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or



(b) The organization concerned is composed



primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power.



2.10Human Experimentation. No element of the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines.



2.11Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in or conspire to engage in assassination.



2.12Indirect Participation. No element of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.



2.13Limitation on Covert Action. No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.


## Part 3 General Provisions



3.1 Congressional Oversight. The duties and responsibilities of the Director and the heads of other departments, agencies, elements, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be implemented in accordance with applicable law, including title V of the Act. The requirements of applicable law, including title V of the Act, shall apply to all covert action activities as defined in this Order.



3.2 Implementation. The President, supported by the NSC, and the Director shall issue such appropriate directives, procedures, and guidance as are necessary to implement this order. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. No procedures to implement Part 2 of



this order shall be issued without the Attorney General's approval, after consultation with the Director. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an element in the Intelligence Community (or the head of the department containing such element) other than the FBI. In instances where the element head or department head and the Attorney General are unable to reach agreements on other than constitutional or other legal grounds, the Attorney General, the head of department concerned, or the Director shall refer the matter to the NSC.



3.3 Procedures. The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333. New procedures, as required by Executive Order 12333, as further amended, shall be established as expeditiously as possible. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.



3.4 References and Transition. References to "Senior Officials of the Intelligence Community" or "SOICs" in executive orders or other Presidential guidance, shall be deemed references to the heads of elements in the Intelligence Community, unless the President otherwise directs; references in Intelligence Community or Intelligence Community element policies or guidance, shall be deemed to be references to the heads of elements of the Intelligence Community, unless the President or the Director otherwise directs.



3.5 Definitions. For the purposes of this Order, the following terms shall have these meanings:



(a) Counterintelligence means information



gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their agents, or international terrorist organizations or activities.



(b) Covert action means an activity or activities of



the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include:


(1) Activities the primary purpose of which is



to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;


(2) Traditional diplomatic or military activities or routine support to such activities;



(3) Traditional law enforcement activities



conducted by United States Government law enforcement agencies or routine support to such activities; or



(4) Activities to provide routine support to


the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.



(c) Electronic surveillance means acquisition of a



nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter.



(d) Employee means a person employed by,


assigned or detailed to, or acting for an element within the Intelligence Community.



(e) Foreign intelligence means information


relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists.



(f) Intelligence includes foreign intelligence and counterintelligence.



(g) Intelligence activities means all activities that


elements of the Intelligence Community are authorized to conduct pursuant to this order.



(h) Intelligence Community and elements of the Intelligence Community refers to:



(1) The Office of the Director of National
Intelligence;



(2) The Central Intelligence Agency;


(3) The National Security Agency;


(4) The Defense Intelligence Agency;


(5) The National Geospatial-Intelligence
Agency;



(6) The National Reconnaissance Office;


(7) The other offices within the Department


of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;


(8) The intelligence and counterintelligence


elements of the Army, the Navy, the Air Force, and the Marine Corps;


(9) The intelligence elements of the Federal Bureau of Investigation;


(10) The Office of National Security provisions in Executive Order 12958, as amended, are Intelligence of the Drug Enforcement Administration;
inconsistent with this Order.



(11) The Office of Intelligence and Counterintelligence of the Department of Energy;


(12) The Bureau of Intelligence and Research of the Department of State;


(13) The Office of Intelligence and Analysis of the Department of the Treasury;


(14) The Office of Intelligence and Analysis of the Department of Homeland Security;


(15) The intelligence and counterintelligence elements of the Coast Guard; and


(16) Such other elements of any department or


agency as may be designated by the President, or designated jointly by the Director and the head of the department or agency concerned, as an element of the Intelligence Community.



(i) National Intelligence and Intelligence Related



to National Security means all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains, as determined consistent with any guidance issued by the President, or that is determined for the purpose of access to information by the Director in accordance with section 1.3(a)(1) of this order, to pertain to more than one United States Government agency; and that involves threats to the United States, its people, property, or interests; the development, proliferation, or use of weapons of mass destruction; or any other matter bearing on United States national or homeland security.



(j) The National Intelligence Program means all



programs, projects, and activities of the Intelligence Community, as well as any other programs of the Intelligence Community designated jointly by the Director and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.



(k) United States person means a United States



citizen, an alien known by the intelligence element concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.



3.6 Revocation. Executive Orders 13354 and 13355 of August 27, 2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions within Executive Order 12958, as amended, to the extent such



## 3.7 General Provisions.



(a) Consistent with section 1.3(c) of this order,



nothing in this order shall be construed to impair or otherwise affect:



(1) Authority granted by law to a department or agency, or the head thereof; or


(2) Functions of the Director of the Office of



Management and Budget relating to budget, administrative, or legislative proposals.



(b) This order shall be implemented consistent



with applicable law and subject to the availability of appropriations.



(c) This order is intended only to improve the



internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.



/s/ Ronald Reagan


THE WHITE HOUSE


December 4, 1981

U. S.
Signed


Vienna Convention on the Law of Treaties
X
N/A
111

## Vienna C**Onvention On The** Law Of T**Reaties** Signed At Vienna 23 May 1969 Entry Into Force: 27 January 1980

The States Parties to the present Convention



Considering the fundamental role of treaties in the history of international relations,



Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful co-operation among nations, whatever their constitutional and social systems,



Noting that the principles of free consent and of good faith and the *pacta sunt servanda* rule are universally recognized,



Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,



Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,



Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,



Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of co-operation among nations,



Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,


Have agreed as follows:

| U.S.     |     | U.S. Reservation/    |     |
|----------|-----|----------------------|-----|
| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |

## Part I Introduction Article 1 Scope Of The Present Convention



The present Convention applies to treaties between States.



## Article 2 Use Of Terms

1. For the purposes of the present Convention:


(a) 'treaty' means an international agreement


concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;


(b) 'ratification', 'acceptance', 'approval' and



'accession' mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;



(c) 'full powers' means a document emanating



from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty;



(d) 'reservation' means a unilateral statement,



however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;



(e) 'negotiating State' means a State which took



part. in the drawing up and adoption of the text of the treaty;



(f) 'contracting State' means a State which has



consented to be bound by the treaty, whether or not the treaty has entered into force;



(g) 'party' means a State which has consented to


be bound by the treaty and for which the treaty is in force;



(h) 'third State' means a State not a party to the treaty;


(i) 'international organization' means an intergovernmental organization.



2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.



## Article 3 International Agreements Not Within The Scope Of The Present Convention



The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect:

(a) the legal force of such agreements;


(b) the application to them of any of the rules set



forth in the present Convention to which they would be subject under international law independently of the Convention;



(c) the application of the Convention to the

relations of States as between themselves under international agreements to which other subjects of international law are also parties.


## Article 4 Non-Retroactivity Of The Present Convention



Without prejudice to the application of any rules set forth in the present Convention to which treaties would be subject under international law independently of the Convention, the Convention applies only to treaties which are concluded by States after the entry into force of the present Convention with regard to such States.



Treaties constituting international organizations and treaties adopted within an international organization



The present Convention applies to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization.


## Part Ii Conclusion And Entry Into Force Of Treaties Section 1 Conclusion Of Treaties Article 6 Capacity Of States To Conclude Treaties

Every State possesses capacity to conclude treaties.



## Article 7 Full Powers



1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:



(a) he produces appropriate full powers; or


(b) it appears from the practice of the States



concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.



2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:


(a) Heads of State, Heads of Government and



Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty;


(b) heads of diplomatic missions, for the purpose



of adopting the text of a treaty between the accrediting State and the State to which they are accredited;



(c) representatives accredited by States to an



international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.


## Article 8 Subsequent Confirmation Of An Act Performed Without Authorization



An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State.



(b) the signature *ad referendum* of a treaty by a



## Adoption Of The Text

representative, if confirmed by his State, constitutes a full signature of the treaty.



1. The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.



## Consent To Be Bound By A Treaty Expressed By An Exchange Of Instruments Constituting A Treaty



The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when:


2. The adoption of the text of a treaty at an international conference takes place by the vote of twothirds of the States present and voting, unless by the same majority they shall decide to apply a different rule.



(a) the instruments provide that their exchange shall have that effect; or



(b) it is otherwise established that those States

## Authentication Of The Text



were agreed that the exchange of instruments should have that effect


The text of a treaty is established as authentic and definitive:



(a) by such procedure as may be provided for in


Consent to be bound by a treaty expressed by



the text or agreed upon by the States participating in its drawing up; or


ratification, acceptance or approval


(b) failing such procedure, by the signature,



1. The consent of a State to be bound by a treaty is expressed by ratification when:



(a) the treaty provides for such consent to be signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text.


expressed by means of ratification;



(b) it is otherwise established that the negotiating

States were agreed that ratification should be required;


Means of expressing consent to be bound by a treaty



(c) the representative of the State has signed the treaty subject to ratification; or



(d) the intention of the State to sign the treaty



The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.



subject to ratification appears from the full powers of its representative or was expressed during the negotiation.



Consent to be bound by a treaty expressed by



2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification.



## Signature



1. The consent of a State to be bound by a treaty is expressed by the signature of its representative when:

## Consent To Be Bound By A Treaty Expressed By



(a) the treaty provides that signature shall have

## Accession

that effect;



(b) it is otherwise established that the negotiating The consent of a State to be bound by a treaty is expressed by accession when:


States were agreed that signature should have that effect; or


(a) the treaty provides that such consent may be expressed by that State by means of accession;



(c) the intention of the State to give that effect to



(b) it is otherwise established that the negotiating the signature appears from the full powers of its representative or was expressed during the negotiation.



States were agreed that such consent may be expressed by that State by means of accession; or


2. For the purposes of paragraph 1:



(c) all the parties have subsequently agreed that



(a) the initialling of a text constitutes a signature of



such consent may be expressed by that State by means of accession.



the treaty when it is established that the negotiating States so agreed;

## Article 16. Exchange Or Deposit Of Instruments Of Ratification, Acceptance, Approval Or Accession



Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:



(a) their exchange between the contracting States;


(b) their deposit with the depositary; or


(c) their notification to the contracting States or to the depositary, if so agreed.



## Article 17 Consent To Be Bound By Part. Of A Treaty And Choice Of Differing Provisions



1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part. of a treaty is effective only if the treaty so permits or the other contracting States so agree.



2. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates.


## Article 18 Obligation Not To Defeat The Object And Purpose Of A Treaty Prior To Its Entry Into Force



A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:



(a) it has signed the treaty or has exchanged



instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or



(b) it has expressed its consent to be bound by the



treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.



## Section 2 Reservations Article 19 Formulation Of Reservations



A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless:


(a) the reservation is prohibited by the treaty;


(b) the treaty provides that only specified


reservations, which do not include the reservation in question, may be made; or


(c) in cases not falling under sub-paragraphs (a)


and (b), the reservation is incompatible with the object and purpose of the treaty.


## Article 20 Acceptance Of And Objection To Reservations



1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides.



2. When it appears from the limited number of the negotiating States and the object and purpose of a treaty that the application of the treaty in its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.



3. When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization.



4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:


(a) acceptance by another contracting State of a



reservation constitutes the reserving State a party to the treaty in relation to that other State if or when the treaty is in force for those States;


(b) an objection by another contracting State to a



reservation does not preclude the entry into force of the treaty as between the objecting and reserving States unless a contrary intention is definitely expressed by the objecting State;



(c) an act expressing a State's consent to be bound



by the treaty and containing a reservation is effective as soon as at least one other contracting State has accepted the reservation.



5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of twelve months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later.



Legal effects of reservations and of objections to

## Reservations



1. A reservation established with regard to another party in accordance with articles 19, 20 and 23:



(a) modifies for the reserving State in its relations



with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation; and



(b) modifies those provisions to the same extent



for that other party in its relations with the reserving State.



2. The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se.



3. When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation.



## Article 22 Withdrawal Of Reservations And Of Objections To Reservations



1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal.



2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.



3. Unless the treaty otherwise provides, or it is otherwise agreed:



(a) the withdrawal of a reservation becomes


operative in relation to another contracting State only when notice of it has been received by that State;



(b) the withdrawal of an objection to a reservation



becomes operative only when notice of it has been received by the State which formulated the reservation.


## Article 23 Procedure Regarding Reservations



1. A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty.



2. If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case the reservation shall be considered as having been made on the date of its confirmation.



3. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.



4. The withdrawal of a reservation or of an objection to a reservation must be formulated in writing.



## Section 3 Entry Into Force And Provisional Application Of Treaties Article 24 Entry Into Force

1. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.


2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States.



3. When the consent of a State to be bound by a treaty is established on a date after the treaty has come into force, the treaty enters into force for that State on that date, unless the treaty otherwise provides.



4. The provisions of a treaty regulating the authentication of its text, the establishment of the consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary and other matters arising necessarily before the entry into force of the treaty apply from the time of the adoption of its text.


## Article 25 Provisional Application



1. A treaty or a part. of a treaty is applied provisionally pending its entry into force if:

(a) the treaty itself so provides; or



(b) the negotiating States have in some other manner so agreed.



2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part. of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.



## Part Iii Observance, Application And Interpretation Of Treaties Section 1 Observance Of Treaties Article 26 Pacta Sunt Servanda



Every treaty in force is binding upon the parties to it and must be performed by them in good faith.



## Article 27 Internal Law And Observance Of Treaties



A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.



## Section 2 Application Of Treaties Article 28 Non-Retroactivity Of Treaties



Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party.



## Article 29 Territorial Scope Of Treaties

|      |     |     |     |     |     |     |
|------|-----|-----|-----|-----|-----|-----|
|      |     |     |     |     |     |     |

Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory.


## Article 30 Application Of Successive Treaties Relating To The Same Subject-Matter



1. Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States parties to successive treaties relating to the same subject-matter shall be determined in accordance with the following paragraphs.



2. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail.



3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty.



4. When the parties to the later treaty do not include all the parties to the earlier one:



(a) as between States parties to both treaties the same rule applies as in paragraph 3;



(b) as between a State party to both treaties and a



State party to only one of the treaties, the treaty to which both States are parties governs their mutual rights and obligations.



5. Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty, the provisions of which are incompatible with its obligations towards another State under another treaty.


## Section 3 Interpretation Of Treaties Article 31 General Rule Of Interpretation



1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to
the terms of the treaty in their context and in the light
of its object and purpose.


2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:



(a) any agreement relating to the treaty which was



made between all the parties in connexion with the conclusion of the treaty;


(b) any instrument which was made by one or



more parties in connexion with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.



3. There shall be taken into account, together with the context:


(a) any subsequent agreement between the parties


regarding the interpretation of the treaty or the application of its provisions;



(b) any subsequent practice in the application of


the treaty which establishes the agreement of the parties regarding its interpretation;


(c) any relevant rules of international law applicable in the relations between the parties.



4. A special meaning shall be given to a term if it is established that the parties so intended.


## Article 32 Supplementary Means Of Interpretation



Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31:



(a) leaves the meaning ambiguous or obscure; or



(b) leads to a result which is manifestly absurd or
unreasonable.



## Article 33 Interpretation Of Treaties Authenticated In Two Or More Languages

1. When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail.



2. A version of the treaty in a language other than one of those in which the text was authenticated shall be considered an authentic text only if the treaty so provides or the parties so agree.



3. The terms of the treaty are presumed to have the same meaning in each authentic text.



4. Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not remove, the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted.


## Section 4 Treaties And Third States Article 34 General Rule Regarding Third States



A treaty does not create either obligations or rights for a third State without its consent.


## Article 35 Treaties Providing For Obligations For Third States



An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing.



## Article 36 Treaties Providing For Rights For Third States



1. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides.



2. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.


## Article 37 Revocation Or Modification Of Obligations Or Rights Of Third States

1. When an obligation has arisen for a third State in conformity with article 35, the obligation may be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it is established that they had otherwise agreed.



2. When a right has arisen for a third State in conformity with article 36, the right may not be revoked or modified by the parties if it is established that the right was intended not to be revocable or subject to modification without the consent of the third State.



## Article 38 Article 41 Rules In A Treaty Becoming Binding On Third States Through International Custom



Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a third State as a customary rule of international law, recognized as such.



## Part Iv Amendment And Modification Of Treaties Article 39

General rule regarding the amendment of treaties



A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except in so far as the treaty may otherwise provide.



## Article 40 Amendment Of Multilateral Treaties



1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by the following paragraphs.



2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part. in:



(a) the decision as to the action to be taken in regard to such proposal;



(b) the negotiation and conclusion of any agreement for the amendment of the treaty.



3. Every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended.



4. The amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement; article 30, paragraph 4(b), applies in relation to such State.



5. Any State which becomes a party to the treaty after the entry into force of the amending agreement shall, failing an expression of a different intention by that State:



(a) be considered as a party to the treaty as amended; and



(b) be considered as a party to the unamended



treaty in relation to any party to the treaty not bound by the amending agreement.


## Agreements To Modify Multilateral Treaties Between Certain Of The Parties Only



1. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the treaty as between themselves alone if:


(a) the possibility of such a modification is provided for by the treaty; or


(b) the modification in question is not prohibited by the treaty and:


(i) does not affect the enjoyment by the other


parties of their rights under the treaty or the performance of their obligations;



(ii) does not relate to a provision, derogation


from which is incompatible with the effective execution of the object and purpose of the treaty as a whole.



2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of the modification to the treaty for which it provides.


## Part V Invalidity, Termination And Suspension Of The Operation Of Treaties Section 1 General Provisions Article 42 Validity And Continuance In Force Of Treaties



1. The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached only through the application of the present Convention.



2. The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention. The same rule applies to suspension of the operation of a treaty.



## Article 43 Obligations Imposed By International Law Independently Of A Treaty



The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the suspension of



its operation, as a result of the application of the present Convention or of the provisions of the treaty, shall not in any way impair the duty of any State to fulfill any obligation embodied in the treaty to which it would be subject under international law independently of the treaty.


## Article 44 Separability Of Treaty Provisions

1. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless the treaty otherwise provides or the parties otherwise agree.



2. A ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty recognized in the present Convention may be invoked only with respect to the whole treaty except as provided in the following paragraphs or in article 60.



3. If the ground relates solely to particular clauses, it may be invoked only with respect to those clauses where:


(a) the said clauses are separable from the remainder of the treaty with regard to their application;



(b) it appears from the treaty or is otherwise


established that acceptance of those clauses was not an essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and



(c) continued performance of the remainder of the treaty would not be unjust.



4. In cases falling under articles 49 and 50 the State entitled to invoke the fraud or corruption may do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.



5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is permitted.



## Article 45 Loss Of A Right To Invoke A Ground For Invalidating, Terminating, Withdrawing From Or Suspending The Operation Of A Treaty



A State may no longer invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware of the facts:


(a) it shall have expressly agreed that the treaty is



valid or remains in force or continues in operation, as the case may be; or


(b) it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or in



its maintenance in force or in operation, as the case may be.


## Section 2 Invalidity Of Treaties Article 46 Provisions Of Internal Law Regarding Competence To Conclude Treaties



1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.



2. A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith.



## Article 47 Specific Restrictions On Authority To Express The Consent Of A State



If the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction, his omission to observe that restriction may not be invoked as invalidating the consent expressed by him unless the restriction was notified to the other negotiating States prior to his expressing such consent.



## Article 48 Error



1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty.



2. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible error.



3. An error relating only to the wording of the text of a treaty does not affect its validity; article 79 then applies.



## Article 49 Fraud



If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.


## Article 50 Corruption Of A Representative Of A State



If the expression of a State's consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty.



## Article 51 Coercion Of A Representative Of A State



The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.


## Article 52 Coercion Of A State By The Threat Or Use Of Force



A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.


Treaties conflicting with a peremptory norm of



general international law (jus cogens)



A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.


## Section 3 Termination And Suspension Of The Operation Of Treaties Article 54 Termination Of Or Withdrawal From A Treaty Under Its Provisions Or By Consent Of The Parties



The termination of a treaty or the withdrawal of a party may take place:


(a) in conformity with the provisions of the treaty; or


(b) at any time by consent of all the parties after consultation with the other contracting States.


## Article 55 Reduction Of The Parties To A Multilateral Treaty Below The Number Necessary For Its Entry Into Force



Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force.


Denunciation of or withdrawal from a treaty



containing no provision regarding termination,

## Denunciation Or Withdrawal



1. A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless:



(a) it is established that the parties intended to admit the possibility of denunciation or withdrawal; or


(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.



2. A party shall give not less than twelve months' notice of its intention to denounce or withdraw from a treaty under paragraph 1.



## Article 57 Suspension Of The Operation Of A Treaty Under Its Provisions Or By Consent Of The Parties



The operation of a treaty in regard to all the parties or to a particular party may be suspended:



(a) in conformity with the provisions of the treaty; or


(b) at any time by consent of all the parties after consultation with the other contracting States.


## Article 58 Suspension Of The Operation Of A Multilateral Treaty By Agreement Between Certain Of The Parties Only



1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the operation of provisions of the treaty, temporarily and as between themselves alone, if:



(a) the possibility of such a suspension is provided for by the treaty; or



(b) the suspension in question is not prohibited by the treaty and:


(i) does not affect the enjoyment by the other


parties of their rights under the treaty or the performance of their obligations;


(ii) is not incompatible with the object and purpose of the treaty.



2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of those provisions of the treaty the operation of which they intend to suspend.



## Article 59 Termination Or Suspension Of The Operation Of A Treaty Implied By Conclusion Of A Later Treaty



1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject-matter and:



(a) it appears from the later treaty or is otherwise


established that the parties intended that the matter should be governed by that treaty; or


(b) the provisions of the later treaty are so far



incompatible with those of the earlier one that the two treaties are not capable of being applied at the same time.



2. The earlier treaty shall be considered as only suspended in operation if it appears from the later treaty or is otherwise established that such was the intention of the parties.


## Article 60 Termination Or Suspension Of The Operation Of A Treaty As A Consequence Of Its Breach



1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty or suspending its operation in whole or in part.



2. A material breach of a multilateral treaty by one of the parties entitles:


(a) the other parties by unanimous agreement to



suspend the operation of the treaty in whole or in part. or to terminate it either:



(i) in the relations between themselves and the defaulting State, or


(ii) as between all the parties;


(b) a party specially affected by the breach to



invoke it as a ground for suspending the operation of the treaty in whole or in part. in the relations between itself and the defaulting State;


(c) any party other than the defaulting State to



invoke the breach as a ground for suspending the operation of the treaty in whole or in part. with respect to itself if the treaty is of such a character that a material breach of its provisions by one party radically changes the position of every party with respect to the further performance of its obligations under the treaty.



3. A material breach of a treaty, for the purposes of this article, consists in:


(a) a repudiation of the treaty not sanctioned by the present Convention; or



(b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty.



4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the event of a breach.



5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of reprisals against persons protected by such treaties.


## Article 61 Supervening Impossibility Of Performance



1. A party may invoke the impossibility of performing a treaty as a ground for terminating or withdrawing from it if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked only as a ground for suspending the operation of the treaty.



2. Impossibility of performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by that party either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.



## Article 62 Fundamental Change Of Circumstances

1. A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless:


(a) the existence of those circumstances


constituted an essential basis of the consent of the parties to be bound by the treaty; and



(b) the effect of the change is radically to



transform the extent of obligations still to be performed under the treaty.


2. A fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty:



(a) if the treaty establishes a boundary; or



(b) if the fundamental change is the result of a



breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.



3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for suspending the operation of the treaty.


## Article 63 Severance Of Diplomatic Or Consular Relations



The severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established between them by the treaty except in so far as the existence of diplomatic or consular relations is indispensable for the application of the treaty.



## Article 64 Emergence Of A New Peremptory Norm Of General International Law (Jus Cogens)



If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.


## Section 4 Procedure Article 65



Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of the

## Operation Of A Treaty



1. A party which, under the provisions of the present Convention, invokes either a defect in its consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its operation, must notify the other parties of its claim. The notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons therefore.



2. If, after the expiry of a period which, except in cases of special urgency, shall not be less than three months after the receipt of the notification, no party has raised any objection, the party making the notification may carry out in the manner provided in article 67 the measure which it has proposed.



3. If, however, objection has been raised by any other party, the parties shall seek a solution through the means indicated in article 33 of the Charter of the United Nations.



4. Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under any provisions in force binding the parties with regard to the settlement of disputes.



5. Without prejudice to article 45, the fact that a State has not previously made the notification prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party claiming performance of the treaty or alleging its violation.


## Article 66 Procedures For Judicial Settlement, Arbitration And Conciliation



If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed:



(a) any one of the parties to a dispute concerning



the application or the interpretation of articles 53 or 64 may, by a written application, submit it to the International Court of Justice for a decision unless the parties by common consent agree to submit the dispute to arbitration;



(b) any one of the parties to a dispute concerning


the application or the interpretation of any of the other articles in Part V of the present Convention may set in



motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.


## Article 67 Instruments For Declaring Invalid, Terminating, Withdrawing From Or Suspending The Operation Of A Treaty



1. The notification provided for under article 65 paragraph 1 must be made in writing.



2. Any act declaring invalid, terminating, withdrawing from or suspending the operation of a treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out through an instrument communicated to the other parties. If the instrument is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce full powers.



## Article 68 Revocation Of Notifications And Instruments Provided For In Articles 65 And 67



A notification or instrument provided for in articles 65 or 67 may be revoked at any time before it takes effect.



## Section 5 Consequences Of The Invalidity, Termination Or Suspension Of The Operation Of A Treaty Article 69

Consequences of the invalidity of a treaty



1. A treaty the invalidity of which is established under the present Convention is void. The provisions of a void treaty have no legal force.



2. If acts have nevertheless been performed in reliance on such a treaty:



(a) each party may require any other party to



establish as far as possible in their mutual relations the position that would have existed if the acts had not been performed;



(b) acts performed in good faith before the


invalidity was invoked are not rendered unlawful by reason only of the invalidity of the treaty.



3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply with respect to the party to which the fraud, the act of corruption or the coercion is imputable.



4. In the case of the invalidity of a particular State's consent to be bound by a multilateral treaty, the foregoing rules apply in the relations between that State and the parties to the treaty.



## Article 70 Consequences Of The Termination Of A Treaty



1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention:


(a) releases the parties from any obligation further
to perform the treaty;


(b) does not affect any right, obligation or legal


situation of the parties created through the execution of the treaty prior to its termination.



2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that State and each of the other parties to the treaty from the date when such denunciation or withdrawal takes effect.


## Article 71 Consequences Of The Invalidity Of A Treaty Which Conflicts With A Peremptory Norm Of General International Law



1. In the case of a treaty which is void under article 53 the parties shall:


(a) eliminate as far as possible the consequences



of any act performed in reliance on any provision which conflicts with the peremptory norm of general international law; and


(b) bring their mutual relations into conformity with the peremptory norm of general international law.



2. In the case of a treaty which becomes void and terminates under article 64, the termination of the treaty:


(a) releases the parties from any obligation further to perform the treaty;


(b) does not affect any right, obligation or legal



situation of the parties created through the execution of the treaty prior to its termination; provided that those rights, obligations or situations may thereafter be maintained only to the extent that their maintenance is not in itself in conflict with the new peremptory norm of general international law.


## Article 72 Part Vii Consequences Of The Suspension Of The Operation Of A Treaty



1. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with the present Convention:


(a) releases the parties between which the



operation of the treaty is suspended from the obligation to perform the treaty in their mutual relations during the period of the suspension;


(b) does not otherwise affect the legal relations between the parties established by the treaty.



2. During the period of the suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty.


## Part Vi Miscellaneous Provisions Article 73 Cases Of State Succession, State Responsibility And Outbreak Of Hostilities



The provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from a succession of States or from the international responsibility of a State or from the outbreak of hostilities between States.


## Article 74 Diplomatic And Consular Relations And The Conclusion Of Treaties



The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself affect the situation in regard to diplomatic or consular relations.



## Article 75 Case Of An Aggressor State



The provisions of the present Convention are without prejudice to any obligation in relation to a treaty which may arise for an aggressor State in consequence of measures taken in conformity with the Charter of the United Nations with reference to that State's aggression.



## Depositaries, Notifications, Corrections And Registration Article 76 Depositaries Of Treaties



1. The designation of the depositary of a treaty may be made by the negotiating States, either in the treaty itself or in some other manner. The depositary may be one or more States, an international organization or the chief administrative officer of the organization.



2. The functions of the depositary of a treaty are international in character and the depositary is under an obligation to act impartially in their performance. In particular, the fact that a treaty has not entered into force between certain of the parties or that a difference has appeared between a State and a depositary with regard to the performance of the latter's functions shall not affect that obligation.


## Article 77 Functions Of Depositaries



1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular:



(a) keeping custody of the original text of the



treaty and of any full powers delivered to the depositary;


(b) preparing certified copies of the original text



and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty;



(c) receiving any signatures to the treaty and


receiving and keeping custody of any instruments, notifications and communications relating to it;


(d) examining whether the signature or any



instrument, notification or communication relating to the treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in question;


(e) informing the parties and the States entitled to



become parties to the treaty of acts, notifications and communications relating to the treaty;



(f) informing the States entitled to become parties


to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited;


(g) registering the treaty with the Secretariat of the United Nations;



(h) performing the functions specified in other provisions of the present Convention.



2. In the event of any difference appearing between a State and the depositary as to the performance of the latter's functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned.



## Article 78 Notifications And Communications



Except as the treaty or the present Convention otherwise provide, any notification or communication to be made by any State under the present Convention shall:



(a) if there is no depositary, be transmitted direct



to the States for which it is intended, or if there is a depositary, to the latter;



(b) be considered as having been made by the



State in question only upon its receipt by the State to which it was transmitted or, as the case may be, upon its receipt by the depositary;



(c) if transmitted to a depositary, be considered as



received by the State for which it was intended only when the latter State has been informed by the depositary in accordance with article 77, paragraph 1(e).



## Article 79 Correction Of Errors In Texts Or In Certified Copies Of Treaties



1. Where, after the authentication of the text of a treaty, the signatory States and the contracting States are agreed that it contains an error, the error shall, unless they decide upon some other means of correction, be corrected:


(a) by having the appropriate correction made in


the text and causing the correction to be initialled by duly authorized representatives;


(b) by executing or exchanging an instrument or


instruments setting out the correction which it has been agreed to make; or



(c) by executing a corrected text of the whole



treaty by the same procedure as in the case of the original text.



2. Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of the error and of the



proposal to correct it and shall specify an appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry of the timelimit:


(a) no objection has been raised, the depositary



shall make and initial the correction in the text and shall execute a proces*-verbal* of the rectification of the text and communicate a copy of it to the parties and to the States entitled to become parties to the treaty;



(b) an objection has been raised, the depositary


shall communicate the objection to the signatory States and to the contracting States.



3. The rules in paragraphs 1 and 2 apply also where the text has been authenticated in two or more languages and it appears that there is a lack of concordance which the signatory States and the contracting States agree should be corrected.



4. The corrected text replaces the defective text ab initio, unless the signatory States and the contracting States otherwise decide.



5. The correction of the text of a treaty that has been registered shall be notified to the Secretariat of the United Nations.



6. Where an error is discovered in a certified copy of a treaty, the depositary shall execute a proces-verbal specifying the rectification and communicate a copy of it to the signatory States and to the contracting Slates.



## Article 80 Registration And Publication Of Treaties



1. Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication.



2. The designation of a depositary shall constitute authorization for it to perform the acts specified in the preceding paragraph.


## Part Viii Final Provisions Article 81 Signature



The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations



to become a party to the Convention, as follows: until 30 November 1969, at the Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at United Nations Headquarters, New York.


## Article 82 Ratification



The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.


## Article 83 Accession


The present Convention shall remain open for accession by any State belonging to any of the categories mentioned in article 81. The instruments of accession shall be deposited with the Secretary-General of the United Nations.


## Article 84 Entry Into Force



1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession.



2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.



## Article 85 Authentic Texts



The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.



IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.



DONE at Vienna, this twenty-third day of May, one thousand nine hundred and sixty-nine.


## A**Nnex**



1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the Secretary- General of the United Nations. To this end, every State which is a Member of the United Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names of the persons so nominated shall constitute the list. The term of a conciliator, including that of any conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator whose term expires shall continue to fulfill any function for which he shall have been chosen under the following paragraph.



2. When a request has been made to the Secretary- General under article 66, the Secretary-General shall bring the dispute before a conciliation commission constituted as follows:



The State or States constituting one of the parties to the dispute shall appoint:


(a) one conciliator of the nationality of that State


or of one of those States, who may or may not be chosen from the list referred to in paragraph 1; and



(b) one conciliator not of the nationality of that


State or of any of those States, who shall be chosen from the list.



The State or States constituting the other party to the dispute shall appoint two conciliators in the same way. The four conciliators chosen by the parties shall be appointed within sixty days following the date on which the Secretary-General receives the request.



The four conciliators shall, within sixty days following the date of the last of their own appointments, appoint a fifth conciliator chosen from the list, who shall be chairman.



If the appointment of the chairman or of any of the other conciliators has not been made within the period prescribed above for such appointment, it shall be made by the Secretary-General within sixty days following the expiry of that period. The appointment of the chairman may be made by the Secretary-General either from the list or from the membership of the International Law Commission. Any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute.



Any vacancy shall be filled in the manner prescribed for the initial appointment.



3. The Conciliation Commission shall decide its own procedure. The Commission, with the consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or in writing. Decisions



and recommendations of the Commission shall be made by a majority vote of the five members.



4. The Commission may draw the attention of the parties to the dispute to any measures which might facilitate an amicable settlement.



5. The Commission shall hear the parties, examine the claims and objections, and make proposals to the parties with a view to reaching an amicable settlement of the dispute.



6. The Commission shall report within twelve months of its constitution. Its report shall be deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the Commission, including any conclusions stated therein regarding the facts or questions of law, shall not be binding upon the parties and it shall have no other character than that of recommendations submitted for the consideration of the parties in order to facilitate an amicable settlement of the dispute.



7. The Secretary-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the United Nations.


## U.S. Objections

26 May 1971



The Government of the United States of America objects to reservation E of the Syrian instrument of accession:


"In the view of the United States Government that reservation is incompatible with the object and purpose of the Convention and undermines the principle of impartial settlement of disputes concerning the invalidity, termination, and suspension of the operation of treaties, which was the subject of extensive negotiation at the Vienna Conference.



The United States Government intends, at such time as it may become a party to the Vienna Convention on the Law of Treaties, to reaffirm its objection to the foregoing reservation and to reject treaty relations with the Syrian Arab Republic under all provisions in Part V of the Convention with regard to which the Syrian Arab Republic has rejected the obligatory conciliation procedures set forth in the Annex to the Convention.



The United States Government is also concerned about Syrian reservation C declaring that the Syrian Arab Republic does not accept the non-applicability of the principle of a fundamental change of circumstances with regard to treaties establishing boundaries, as stated in Article 62, 2 (a), and Syrian reservation D concerning its interpretation of the expression 'the



threat or use of force' in Article 52. However, in view of the United States Government's intention to reject treaty relations with the Syrian Arab Republic under all provisions in Part V to which reservations C and D relate, we do not consider it necessary at this time to object formally to those reservations.



The United States Government will consider that the absence of treaty relations between the United States of America and the Syrian Arab Republic with regard to certain provisions in Part V will not in any way impair the duty of the latter to fulfill any obligation embodied in those provisions to which it is subject under international law independently of the Vienna Convention on the Law of Treaties." 29 September 1972



". . . The United States of America objects to the reservation by Tunisia to paragraph *(a)* of Article 66 of the Vienna Convention on the Law of Treaties regarding a dispute as to the interpretation or application of Article 53 or 64. The right of a party to invoke the provisions of Article 53 or 64 is inextricably linked with the provisions of Article 42 regarding impeachment of the validity of a treaty and paragraph (a) of Article 66 regarding the right of any party to submit to the International Court of Justice for decision any dispute concerning the application or the interpretation of Article 53 or 64.



Accordingly, the United States Government intends, at such time as it becomes a party to the Convention, to reaffirm its objection to the Tunisian reservation and declare that it will not consider that Article 53 or 64 of the Convention is in force between the United States of America and Tunisia."


To the Senate of the United States:



I am transmitting herewith, for the advice and consent of the Senate to ratification, the Vienna Convention on the Law of Treaties signed for the United States on April 24, 1970. The Convention is the outcome of many years of careful preparatory work by the International Law Commission, followed by a two-session conference of 110 nations convened under United Nations auspices in 1968 and 1969. The conference was the sixth in a series called by the General Assembly of the United Nations for the purpose of encouraging the progressive development and codification of international law.



The growing importance of treaties in the orderly conduct of international relations has made increasingly evident the need for clear, well-defined, and readily ascertainable rules of international law applicable to treaties. I believe that the codification of treaty law formulated by representatives of the international community and embodied in the Vienna Convention meets this need.



The international community as a whole will surely benefit from the adoption of uniform rules on such subjects as the conclusion and entry into force of treaties, their interpretation and application, and other technical matters. Even more significant, however, are the orderly procedures of the Convention for dealing with needed adjustments and changes in treaties, along with its strong reaffirmation of the basic principle *pacta sunt servanda*the rule that treaties are binding on the parties and must be performed in good faith. The provisions on judicial settlement, arbitration and conciliation, including the possibility that a dispute concerning a peremptory norm of international law can be referred to the International Court of Justice, should do much to enhance the stability of treaty relationships throughout the world.



I am enclosing the report of the Secretary of State, describing the provisions of the Convention in detail.



The Vienna Convention can be an important tool in the development of international law. I am pleased to note that it has been endorsed by the House of Delegates of the American Bar Association and I urge the Senate to give its advice and consent to ratification.



RICHARD NIXON (Enclosures: (1) Report of the Secretary of State. (2) Copy of the Convention.)


DEPARTMENT OF STATE, Washington, October 18, 1971.



The PRESIDENT, The White House.



THE PRESIDENT: I have the honor to submit to you the Vienna Convention on the Law of Treaties, adopted on May 23, 1969 by the United Nations Conference on the Law of Treaties, and signed for the United States on April 24, 1970. I recommend that you transmit it to the Senate for advice and consent to ratification.



The Convention sets forth a generally agreed body of rules to govern all aspects of treaty making and treaty observance. It is the product of two sessions of a 110-nation Conference on the Law of Treaties convened in Vienna under United Nations auspices from March 21 to May 24, 1968 and from April 9 to May 23, 1969.



The Treaties Conference took as the basis of its work draft articles drawn up by the International Law Commission in the course of eighteen years of work. At its first session in 1949 the Commission had selected the law of treaties as a priority topic for codification. Growing support for a written code of international treaty law came not only from newly independent States that wished to participate in such an endeavor, but from many older States that favored clarification and modernization of the law of treaties. As a result the General Assembly of the United Nations in 1966 unanimously adopted resolution 2166 (XXI) convening the Law of Treaties Conference.



The Treaties Convention which emerged from the Vienna Conference is an expertly designed formulation of contemporary treaty law and should contribute importantly to the stability of treaty relationships. Although not yet in force, the Convention is already generally recognized as the authoritative guide to current treaty law and practice.



The Convention sets forth rules on such subjects as conclusion and entry into force of treaties, the observance, application, and interpretation of treaties, and depositary procedures. More importantly, it contains impartial procedures for dealing with disputes arising out of assertions of invalidity, termination and suspension of the operation of treaties, thus realizing a basic United States objective. The Convention consists of eight parts. Procedures for handling most important disputes are contained in an Annex. The major provisions of the Convention are as follows:



## Part IIntroduction



The Convention applies to treaties between States (Article 1) but only to treaties concluded after the entry into force of the Convention with regard to such States (Article 4).



"Treaty" is defined as an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation (Article 2). Thus it applies not only to formal treaties but to agreements in simplified form, such as exchanges of notes. Article 2 also defines other terms used in the Convention, but specifies that the Convention's use of terms is "without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State."



Although the Convention does not apply to unwritten agreements, or to agreements concluded by or with international organizations, it asserts that the legal force of such other agreements or the application to them of any of the rules of international law to which they are subject independently of the Convention is not affected (Article 3).



The non-retroactivity feature (Article 4) is of substantial importance because it avoids the possibility of reopening old international disputes. This is especially true with regard to long-standing boundary disputes.



## Part IiConclusion And Entry Into Force Of Treaties



The rules in this part. are primarily technical. Section I relates to such matters as Full Powers or other evidence of authority; adoption and authentication of texts; and the means of expressing consent to be bound by a treaty (Articles 7 17).



Article 18 sets forth rules governing the obligation of States not to defeat the object and purpose of a treaty prior to its entry into force. That obligation is limited to (a) States that have signed a treaty or exchanged ad referendum



U.S. View of Law of Treaties



instruments constituting a treaty, until such time as they make clear their intention not to become a party, and (b) States that have expressed consent to be bound, pending entry into force and provided such entry into force is not unduly delayed. This rule is widely recognized in customary international law.



Part 2 of Section II sets forth the rules on reservations to treaties (Articles 19-23). The articles reflect flexible current treaty practice with regard to multilateral treaties as generally followed since World War II. The earlier traditional rule on reservations had been that in order for a State to become party to a multilateral treaty with a reservation the unanimous consent of the other parties was required. That rule has given way in practice to it more flexible approach, particularly after the International Court of Justice in 1951 handed down its Advisory Opinion on Reservations to the Genocide Convention. The Court's opinion in the case stated "The reserving State can be regarded as being a party to the Convention if the reservation is compatible with the object and purpose of the Convention." The compatibility rule has been incorporated in Article 19 of the Convention. It applies in those cases where the reservation is not expressly excluded by the terms of the treaty.



The right of other States to object to a reservation and to refuse treaty relations with the reserving State is maintained in Article 20. That article also provides the practical rule that a reservation is considered to have been accepted by a State that fails to object either within twelve months after being notified thereof or by the date on which it expresses its own consent to be bound, whichever is later.



Section 3 of Part II governs entry into force of treaties and provides for their provisional application, pending entry into force, if such application has been agreed.



## Part IiiObservance, Application And Interpretation Of Treaties



The articles in Section I relating to observance of treaties are of cardinal importance. The foundation upon which the treaty structure is based is the principle *pacta sunt servanda*, expressed in Article 26 as follows:



"Every treaty in force is binding upon the parties to it and must be performed by them in good faith."



The most significant action of the Law of Treaties Conference with respect to this part. was the defeat of an attempt by some States to weaken the article by use of such expressions as "Every valid treaty" or "Treaties which have been regularly concluded." Phrases such as these might have encouraged States to assert a right of non-performance or termination before any claim of invalidity had been established. The article was adopted in the twelfth plenary meeting without a dissenting vote.



Article 27 on internal law and observance of treaties restates the long-standing principle of customary international law that a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. The rule is consistent with United States practice over many years in declining to accept provisions of internal law as justifying nonperformance by a State of its treaty obligations to the United States. At the same time the article does not change the way in which the effect of a treaty within the framework of domestic law is determined. In explaining its vote in favor of Article 27, the U.S. Delegation observed:



"There is a hierarchy of differing legal rules in the internal legislation of most States. Constitutional provisions are very generally given primacy. Statutes, resolutions, and administrative provisions, all of which may be authoritative, may have different weights. Treaty provisions, when viewed as internal law, necessarily have to be fitted into that hierarchy.



"Each State is entitled to determine which legal formulation has greater internal authority in case of conflict among internal enactments. Article 27 in no way abridges that right . . ."



The articles of Section 2 contain rules on the non-retroactivity of treaties, their territorial scope and the difficult problem of application of successive treaties dealing with the same subject matter. Article 30 lays down a set of principles to determine priorities among inconsistent obligations. In essence it provides that (a) if a treaty states it is subject to another treaty, the other treaty governs; (b) as between parties to one treaty who become parties to a second; the second governs on any point where it is incompatible with the first; (c) if some parties to the first are not parties to the second, and vice versa, the first governs between a party to both and a party only to the first; the second governs between a party to both and a party only to the second.



The articles of Section 3 on interpretation of treaties emphasize the importance of the text in the interpretative process. Article 31 requires that a treaty "be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose." Context is narrowly defined as comprising, "in addition to the text, including its preamble and annexes", related agreements made by all the parties and



instruments made by less than all the parties but accepted by all as related to the treaty. Elements extrinsic to the text which are to be taken into account are limited to subsequent agreements between the parties, subsequent practice establishing agreement, and relevant rules of international law.



Article 32 allows recourse to "supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable."



Five articles in Section 4 deal with treaties and third States. Article 34 sets forth the traditional rule that a treaty does not create either obligations or rights for a third State without its consent. Subsequent articles provide that a third State must expressly consent to treaties creating obligations for it, whereas it would be assumed to assent to a treaty giving it rights, unless the treaty otherwise provides. Article 37 provides for revocation or modification of obligations or rights of third States, and Article 38 prevents the preceding articles from barring a rule set forth in a treaty from becoming binding on a third State as a customary rule of international law.



## Part IvAmendment And Modification Of Treaties



Articles 39-41 lay down rules for amending and modifying treaties. Article 40 provides needed clarification in the case of multilateral treaties. It safeguards the rights of parties to participate in the amending process by requiring notification to all parties of any proposed amendment and by specifying their right to participate in the decision to be taken on the proposal and in the negotiation and conclusion of any amendment. The right to become party to the new agreement is also extended to every State entitled to become a party to the treaty.



## Part VInvalidity, Termination And Suspension Of The Operation Of Treaties



Part V sets forth the grounds on which a claim may legitimately be made that a treaty is invalid or subject to termination, denunciation, withdrawal, or suspension. It deals with such grounds as error, fraud, coercion, breach, impossibility of performance, fundamental change of circumstances, and conflict with a peremptory norm of international law (*jus cogens*).



At the same time it contains a variety of safeguards to protect the stability of the treaty structure. Article 42 subjects all challenges of the continuing force of treaty obligations to the rules of the Law of Treaties Convention. The termination of a treaty, its denunciation or suspension, or the withdrawal of a party may take place only as a result of the application of the provisions of that treaty or the Convention. Article 43 specifies that a State that sheds a treaty obligation does not escape any obligation to which it is subject under international law independently of the treaty.



Article 44 deals with separability of treaty provisions. It permits separability with respect to certain grounds of invalidity where the ground relates solely to particular clauses and where certain criteria as to feasibility and equity are met. Included in such criteria, as a result of a United States proposal, is the requirement that "continued performance of the remainder of the treaty would not be unjust."



Article 45 is a rule of "good faith and fair dealing" that will protect against ill-founded efforts to avoid meeting treaty obligations. A State may not claim that a treaty is invalid if, after becoming aware of the facts, it expressly agrees that the treaty is valid or is to remaining effect or if (and this would be the case arising most often) it is considered to have acquiesced, by reason of its conduct, in the validity of the treaty or its maintenance in force or effect.



In dealing with the invalidity articles in Section 2 of Part V (Articles 46-53), the chief concern of the United States Delegation was to assure that the grounds of invalidity were stated as precisely and objectively as possible and that there would be procedural or institutional mechanisms to guard against spurious claims of treaty invalidity.



The first of the grounds for invalidity, the effect of a limitation of internal law upon competence to conclude treaties, is stated in Article 46. It provides that a State may not invoke, as invalidating its consent to be bound, the fact that its consent has been expressed in violation of a provision of its internal law regarding competence to conclude treaties unless: (a) the violation was manifest, that is, "objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith"; and (b) it concerns a rule of the State's internal law of fundamental importance. At the plenary meeting at which the article was adopted without negative vote, the United States Delegation emphasized that it had supported the article on the basis that it deals solely with the conditions under which a State may invoke internal law on the international plane to invalidate its consent to be bound and that it in no way impinges on internal law regarding competence to conclude treaties insofar as domestic consequences are concerned.



U.S. View of Law of Treaties



Article 52 states the principle that a treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the United Nations Charter. A proposal by 19 States that would have amended the rule by defining force to include any "economic or political pressure" was withdrawn after strong opposition by the United States and other concerned powers. Instead, a declaration condemning the threat or use of pressure in any form by a State to coerce any other State to conclude a treaty was adopted by the Conference and annexed to the Final Act.



Article 53 deals with treaties that conflict with a peremptory norm of international law, the *jus cogens* doctrine. In formulating this article, the International Law Commission started from the principle that there are rules of such fundamental character that no State has the right to set them aside by a treaty. This principle had previously been incorporated in Section 116 of the American Law Institute's Restatement of the Foreign Relations Law of the United States. Inclusion of the *jus cogens* principle in the Vienna Convention was almost universally supported, but there was considerable concern with the theoretical manner in which the norm was formulated. Through efforts by the United States and several others, the article was revised to include two important limitations. The first makes clear that in order for a treaty to be void under the article the peremptory norm violated must have existed at the time of the conclusion of the treaty. The second clarification requires a peremptory norm to be "a norm accepted and recognized by the international community of states as a whole . . .". Inclusion of the latter requirement resulted in broad acceptability of the article. Many delegations had expressed the view that a norm which had not achieved recognition by substantially all States ought not to serve as the basis for claiming a treaty is void. A related article (Article 64) provides that if a new peremptory norm emerges, an existing treaty in conflict with the norm becomes void and terminates.



Section 3 of Part V is entitled Termination and Suspension of the Operation of Treaties. Articles 54, 55, 57, and 58 specify that various aspects of termination and suspension must be dealt with in conformity with the treaty or with the consent of all parties, or, if by agreement between certain of the parties, subject to the same limitations expressed in Article 41 on modification.



Paragraph 1(b) of Article 56 permits denunciation of or withdrawal from a treaty which has no provision on the subject if such right "may be implied by the nature of the treaty". At the insistence of the United States Delegation a clear legislative history was established that the procedures for settlement of disputes in Section 4 (Articles 65-68) apply to notices of denunciation grounded upon Article 56.



Article 60 recognizes the long-standing doctrine that a material breach of a treaty by one party may be invoked by the other party to terminate the treaty or to suspend the performance of its own obligations under the treaty.



Article 61 on supervening impossibility of performance contains the reasonable rule that a party may invoke impossibility of performance as a ground for terminating or withdrawing from a treaty if an object indispensable for the execution of the treaty permanently disappears or is destroyed. A State may not, however, invoke impossibility of performance if it is the result of a breach by that State of an international obligation.



Article 62, on fundamental change of circumstances, is a carefully phrased version of the doctrine of rebus sic stantibus which has been widely recognized by jurists as a group which under certain conditions may be invoked for terminating or withdrawing from a treaty. An important feature is paragraph 2(a) which precludes invocation of the article as a ground for terminating or withdrawing from a treaty establishing a boundary.



Article 63 makes clear that the severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established by the treaty except to the extent that the existence of diplomatic or consular relations is indispensable to applying the treaty.



Section 4 of Part V contains articles on the procedure for invoking grounds for invalidity or termination of treaties and for judicial settlement, arbitration and conciliation. During the debates on the preceding articles on invalidity, suspension and termination one of the major concerns of the United States and certain other countries was the need to formulate adequate provisions for dealing with an assertion of the invalidity of a treaty or a claim to unilateral termination or suspension.



The International Law Commission had proposed a procedure for dealing with such assertions that would have required a State to notify the other parties of its claim, of the grounds therefor, and of the action to be taken. If no objection to the proposed action were made within three months, it could then be carried out. If objection were made, a solution was to be sought under the means indicated in Article 33 of the United Nations Charter. In the final analysis Article 33 merely provides that disputes should be settled by peaceful means of the parties' own choice. The proposed article thus left undecided the crucial question whether a party could go ahead and terminate a treaty if it did not agree with the other parties on a peaceful means of settlement or if the means selected failed to result in a settlement.



States, such as the United States, that were fighting for the stability of the treaty structure made clear that the Convention would be unacceptable unless some form of impartial dispute settlement procedure was incorporated into it. The basic opposition to any meaningful form of disputes settlement was organized by the Communist bloc. The issue became the overriding one of the Conference. In the closing hours of the second session, the Conference succeeded in adopting a new article on the settlement of disputes, which should adequately protect United States treaty relations from unilateral claims of invalidity by our treaty partners and should contribute to the stability of treaty obligations generally.



Under the new articleArticle 66 of the Conventionany party to a dispute arising under the *jus cogens* articles may invoke the jurisdiction of the International Court of Justice unless the parties agree to submit the dispute to arbitration. In any other dispute arising under Part Vsuch as claims of invalidity or termination based on error, fraud, breach, or changed circumstancesany party to the dispute may set in motion a conciliation procedure. That procedure, which is set forth in the Annex to the Convention, includes establishment in each Case of a conciliation commission and submission by that commission of a report to the parties and to the Secretary-General of the United Nations. The report may contain findings of fact and conclusions of law, as well as recommendations to the parties for settlement of the dispute, although it is not binding upon them. Paragraph 7 of the Annex provides that the expenses of the commission will be borne by the United Nations. The General Assembly of the United Nations on December 8, 1969 adopted Resolution 2534 (XXIV) approving the provision and requested the Secretary-General to take action accordingly



The provisions for the settlement of disputes meet the requirements of the United States. By contributing to the prompt resolution of disputes relating to validity of treaties they should go far in helping to maintain the stability of treaty relationships throughout the world. The provision for expenses is a desirable innovation and worthwhile investment, since the concern of many newly independent and small States with the cost of third-party settlement procedures had been very real obstacle to their general acceptability.



The Syrian Arab Republic, in depositing its accession to the Convention on October 2, 1970, made several reservations, the most serious of which was to reject the Annex on conciliation procedures. The United States Representative to the United Nations has notified the Secretary-General that the United States objects to that reservation and intends, at such time as it may become a party to the Convention, to reject treaty relations with the Syrian Arab Republic under all provisions in Part V with regard to which that State has rejected the obligatory conciliation procedures set forth in the Annex.



The final section of Part V, Consequences of the Invalidity, Termination, or Suspension of the Operation of a Treaty, includes rules for the unwinding of treaties the invalidity or termination of which has been established under the Convention.



## Part ViMiscellaneous Provisions



Article 73 excludes from the applicability of the Convention questions arising from State succession, State responsibility, or the outbreak of hostilities.



Article 74 provides that severance or absence of diplomatic or consular relations between States does not prevent the conclusion of treaties between them. The rule accords with modern treaty practice.



## Part ViiDepositaries, Notifications, Corrections And Registration



As the depositary of more international treaties than any other country, the United States had a substantial interest in the depositary articles and was able to achieve several worthwhile improvements in these technical articles. Article 76 makes clear the international character of the depositary function and the obligation to perform it impartially. Article 77 is a comprehensive catalog of depositary functions. Sensible rules for correction of errors are provided in Article 79.



## Part ViiiFinal Provisions



Included in Articles 81-85 are standard provisions on signature, ratification, accession, entry into force, and authentic texts. Entry into force requires deposit of thirty-five instruments of ratifications or accession. This is a larger number than required by many earlier treaties, but was considered appropriate because of the fundamental importance of the Convention on the Law of Treaties.



The Vienna Convention on the Law of Treaties is a major achievement in the development and codification of international law. At the opening session of the conference in March 1968, the Legal Counsel of the United Nations,



U.S. View of Law of Treaties



Constantin Stavropoulos, described it as the "most important . . . and perhaps also the most difficult" of the series of codification conferences called by the United Nations. By agreeing on uniform rules to govern State practice on a host of technical matters related to the negotiation, adoption, and execution of treaties, the Conference achieved one of its basic objectives. But the Convention on the Law of Treaties has a much larger significance. By codifying the doctrines of *jus cogens* and *rebus sic stantibus*, it provides a framework for necessary change. By reasserting the principle of pacta sunt servanda, long recognized as the keystone of the treaty structure, it strengthens the fabric of treaty relationships. By requiring impartial procedures for settlement of disputes, it provides an essential element in minimizing unfounded claims that treaties should be terminated or suspended.



The United States Delegation to the Vienna Conference was led by Richard D. Kearney, United States Member of the International Law Commission. Included on the Delegation at one or both sessions were John R. Stevenson, now Legal Adviser of the Department of State, and Charles I. Bovans, Assistant Legal Adviser for Treaty Affairs; Herbert W. Briggs, Professor of International Law, Cornell University; Myres McDougal, Professor of Law, Yale University; Joseph M. Sweeney, Dean, Law School, Tulane University; and Frank Wozencraft, former Assistant Attorney General, Department of Justice. Others on the United States Delegation were Jared Carter, Robert E. Dalton, Warren Hewitt, Bruce M. Lancaster, and Herbert K. Reis from the Department of State and Ernest C. Grigg III and Robert B. Rosenstock from the United States Mission to the United Nations.


In preparing for the Conference the United States Government worked closely with the Study Group on the Law of Treaties established by the American Society of International Law in 1965. With Professor Oliver Lissitzyn of Columbia University as chairman, this group of eminent international lawyers met regularly with representatives of the Departments of State and Justice.



The Study Group also joined forces with the Special Committee on Treaty Law of the Section of International and Comparative Law of the American Bar Association, of which Eberhard Deutsch is chairman. The comprehensive knowledge, experience, and wisdom of the members of the academic and legal communities serving in these two groups were of incalculable assistance to the Delegation in the formulation of United States policy and planning for the Conference. The House of Delegates of the American Bar Association in July 1971 approved a resolution recommending that the Convention be submitted to the Senate and that the Senate advise and consent to its ratification without reservations.



I believe that the Convention on the Law of Treaties will be an important element in promoting the stability of treaty relationships. I hope that the United States will become a party in the near future.



Respectfully submitted.



WILLIAM P. ROGERS.

# Universal D**Eclaration Of** Human R**Ights** G.A. Res. 217A (Iii), U.N. Doc A/810 At 71 (1948)

## Preamble



Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,



Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,


Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,



Whereas it is essential to promote the development of friendly relations between nations,



Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,



Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,



Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,


Now, therefore,


The General Assembly,



Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of


Member States themselves and among the peoples of territories under their jurisdiction.



All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.



Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.



Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.



Everyone has the right to life, liberty and security of person.



No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.



No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.



Everyone has the right to recognition everywhere as a person before the law.



All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.



Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.


## Article 9 Article 16



No one shall be subjected to arbitrary arrest, detention or exile.



Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.



1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.



2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.



No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.



1. Everyone has the right to freedom of movement and residence within the borders of each State.



2. Everyone has the right to leave any country, including his own, and to return to his country.



1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.



2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.


1. Everyone has the right to a nationality.



2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.



1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.



2. Marriage shall be entered into only with the free and full consent of the intending spouses.



3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.


1. Everyone has the right to own property alone as well as in association with others.



2. No one shall be arbitrarily deprived of his property.



Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.


Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart. information and ideas through any media and regardless of frontiers.



1. Everyone has the right to freedom of peaceful assembly and association.



2. No one may be compelled to belong to an association.



1. Everyone has the right to take part. in the government of his country, directly or through freely chosen representatives.



2. Everyone has the right to equal access to public service in his country.



3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.


Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.



1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.



2. Everyone, without any discrimination, has the right to equal pay for equal work.



3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.



4. Everyone has the right to form and to join trade unions for the protection of his interests.



Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.


1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.



2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.



1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.



2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall


further the activities of the United Nations for the maintenance of peace.



3. Parents have a prior right to choose the kind of education that shall be given to their children.



1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.



2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.



Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.



1. Everyone has duties to the community in which alone the free and full development of his personality is possible.



2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.



3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.



Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


U. S.
Signed


International Covenant on Civil and Political Rights
X
X
Following treaty

## International Covenant On Civil And Political Rights A**Dopted And Opened For** Signature, **Ratification And** Accession By General A**Ssembly** Resolution **2200A (Xxi)** Of 16 December **1966** Entry Into Force 23 March **1976** Preamble

The States Parties to the present Covenant,



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Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,



Recognizing that these rights derive from the inherent dignity of the human person,



Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,



Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,



Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

## Part I Article 1



1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.


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2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.



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3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.


## Part Ii Article 2

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1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.



2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.



3. Each State Party to the present Covenant undertakes:


(a) To ensure that any person whose rights or


freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;


(b) To ensure that any person claiming such a


remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;


(c) To ensure that the competent authorities shall enforce such remedies when granted.



The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.


1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.



2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision.



3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.



1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.



2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.


## Part Iii Article 6



1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.



2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.



3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.



4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.



5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.



6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.



No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.



1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.


2. No one shall be held in servitude.



3. (a) No one shall be required to perform forced or compulsory labour;



(b) Paragraph 3 (a) shall not be held to preclude,



in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;



(c) For the purpose of this paragraph the term
"forced or compulsory labour" shall not include:


(i) Any work or service, not referred to in



subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;



(ii) Any service of a military character and, in countries where conscientious objection is recognized,



any national service required by law of conscientious objectors;



(iii) Any service exacted in cases of


emergency or calamity threatening the life or well being of the community;


(iv) Any work or service which forms part. of normal civil obligations.


1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.



2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.



3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.



4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.



5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.



1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.



2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;


(b) Accused juvenile persons shall be separated


from adults and brought as speedily as possible for adjudication.



3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.



No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.



1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.



2. Everyone shall be free to leave any country, including his own.



3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (*ordre public*), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.



4. No one shall be arbitrarily deprived of the right to enter his own country.



An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.



1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part. of a trial for reasons of morals, public order (*ordre public*) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.



2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.



3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:



(a) To be informed promptly and in detail in a


language which he understands of the nature and cause of the charge against him;


(b) To have adequate time and facilities for the



preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;



(d) To be tried in his presence, and to defend



himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;


(e) To examine, or have examined, the witnesses



against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;


(f) To have the free assistance of an interpreter if


he cannot understand or speak the language used in court;



(g) Not to be compelled to testify against himself or to confess guilt.



4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.



5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.



6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.



7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.



1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or



international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.



2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.



Everyone shall have the right to recognition everywhere as a person before the law.



1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.



2. Everyone has the right to the protection of the law against such interference or attacks.



1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.



2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.



3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.



4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.



1. Everyone shall have the right to hold opinions without interference.



2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek,



receive and impart. information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.



3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:


(a) For respect of the rights or reputations of others;


(b) For the protection of national security or of


public order (*ordre public*), or of public health or morals.



1. Any propaganda for war shall be prohibited by law.



2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.



The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (*ordre public*), the protection of public health or morals or the protection of the rights and freedoms of others.



1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.



2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (*ordre public*), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.



3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.



1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.



2. The right of men and women of marriageable age to marry and to found a family shall be recognized.



3. No marriage shall be entered into without the free and full consent of the intending spouses.



4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.



1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part. of his family, society and the State.



2. Every child shall be registered immediately after birth and shall have a name.



3. Every child has the right to acquire a nationality.



Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:


(a) To take part. in the conduct of public affairs, directly or through freely chosen representatives;



(b) To vote and to be elected at genuine periodic


elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;


(c) To have access, on general terms of equality, to public service in his country.



All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.



In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities



shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.


## Part Iv Article 28



1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.



2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.



3. The members of the Committee shall be elected and shall serve in their personal capacity.



1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.



2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.



3. A person shall be eligible for renomination.



1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.



2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.



3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.



4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present



Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.



1. The Committee may not include more than one national of the same State.



2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.



1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.



2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part. of the present Covenant.



1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.



2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.



1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.



2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part. of the present Covenant.



3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.



The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.



The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.



1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.



2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.



3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.



Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.



1. The Committee shall elect its officers for a term of two years. They may be re-elected.



2. The Committee shall establish its own rules of procedure, but these rules shall provide, *inter alia*, that:



(a) Twelve members shall constitute a quorum;


(b) Decisions of the Committee shall be made by a majority vote of the members present.


1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:


(a) Within one year of the entry into force of the present Covenant for the States Parties concerned;


(b) Thereafter whenever the Committee so requests.



2. All reports shall be submitted to the Secretary- General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.



3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.



4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.



5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.



1. A State Party to the present Covenant may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider
communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:



(a) If a State Party to the present Covenant



considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State



shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;



(b) If the matter is not adjusted to the satisfaction



of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;



(c) The Committee shall deal with a matter



referred to it only after it has ascertained that all available domestic remedies have been invoked and



exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;



(d) The Committee shall hold closed meetings when examining communications under this article;



(e) Subject to the provisions of subparagraph (c),



the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;



(f) In any matter referred to it, the Committee



may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;


(g) The States Parties concerned, referred to in



subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;



(h) The Committee shall, within twelve months


after the date of receipt of notice under subparagraph
(b), submit a report:



(i) If a solution within the terms of



subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;



(ii) If a solution within the terms of



subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.



2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States



Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.



1. (a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an *ad hoc* Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;


(b) The Commission shall consist of five persons



acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part. of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.



2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.



3. The Commission shall elect its own Chairman and adopt its own rules of procedure.



4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.



5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.



6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.



7. When the Commission has fully considered the matter, but in any event not later than twelve months



after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:



(a) If the Commission is unable to complete its



consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;


(b) If an amicable solution to the matter on the



basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;



(c) If a solution within the terms of subparagraph



(b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;



(d) If the Commission's report is submitted under


subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.



8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.



9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.



10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.



The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.



The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies



and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.



The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.


## Part V Article 46



Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.



Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.



## Part Vi Article 48



1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.



2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.



3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.



4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.



5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.



1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary- General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.



2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.



The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.



1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary- General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary- General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.



2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.



3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.



1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of the same article of the following particulars:


(a) Signatures, ratifications and accessions under article 48;


(b) The date of the entry into force of the present


Covenant under article 49 and the date of the entry into force of any amendments under article 51.



1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.



2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.



## U.S. Reservations

(1) That Article 20 does not authorize or require legislation or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.



(2) That the United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age.



(3) That the United States considers itself bound by Article 7 to the extent that "cruel, inhuman or degrading treatment or punishment" means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States.



(4) That because U.S. law generally applies to an offender the penalty in force at the time the offense was committed, the United States does not adhere to the third clause of paragraph 1 of Article 15.



(5) That the policy and practice of the United States are generally in compliance with and supportive of the Covenant's provisions regarding treatment of juveniles in the criminal justice system. Nevertheless, the United States reserves the right, in exceptional circumstances, to treat juveniles as adults, notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of Article 14. The United States further reserves to these provisions with respect to individuals who volunteer for military service prior to age 18.


(5) That the United States understands that this U.S. UNDERSTANDINGS
Covenant shall be implemented by the Federal

(1) That the Constitution and laws of the United States guarantee all persons equal protection of the law and provide extensive protections against discrimination. The United States understands distinctions based upon race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or any other statusas those terms are used in Article 2, paragraph 1 and Article 26to be permitted when such distinctions are, at minimum, rationally related to a legitimate governmental objective. The United States further understands the prohibition in paragraph 1 of Article 4 upon discrimination, in time of public emergency, based "solely" on the status of race, color, sex, language, religion or social origin not to bar distinctions that may have a disproportionate effect upon persons of a particular status.



(2) That the United States understands the right to compensation referred to in Articles 9(5) and 14(6) to require the provision of effective and enforceable mechanisms by which a victim of an unlawful arrest or detention or a miscarriage of justice may seek and, where justified, obtain compensation from either the responsible individual or the appropriate governmental entity. Entitlement to compensation may be subject of the reasonable requirements of domestic law.



(3) That the United States understands the reference to "exceptional circumstance" in paragraph 2(a) of Article 10 to permit the imprisonment of an accused person with convicted persons where appropriate in light of an individual's overall dangerousness, and to permit accused persons to waive their right to segregation from convicted persons. The United States further understands that paragraph 3 of Article 10 does not diminish the goals of punishment, deterrence, and incapacitation as additional legitimate purposes for a penitentiary system.



(4) That the United States understands that subparagraphs 3(b) and (d) of Article 14 do not require the provision of a criminal defendant's counsel of choice when the defendant is provided with courtappointed counsel on grounds of indigence, when the defendant is financially able to retain alternative counsel, or when imprisonment is not imposed. The United States further understands that paragraph 3(e) does not prohibit a requirement that the defendant make a showing that any witness whose attendance he seeks to compel is necessary for his defense. The United States understands the prohibition upon double jeopardy in paragraph 7 to apply only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, as is seeking a new trial for the same cause.



Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered therein, and otherwise by the state and local governments; to the extent that state and local governments exercise jurisdiction over such matters, the Federal Government shall take measures appropriate to the Federal system to the end that the competent authorities of the state or local governments may take appropriate measures for the fulfillment of the Covenant.


## U.S. Declarations



(1) That the United States declares that the provisions of Articles 1 through 27 of the Covenant are not selfexecuting.



(2) That it is the view of the United States that States Party to the Covenant should wherever possible refrain from imposing any restrictions or limitations on the exercise of the rights recognized and protected by the Covenant, even when such restrictions and limitations are permissible under the terms of the Covenant. For the United States, Article 5, paragraph 2, which provides that fundamental human rights existing in any State Party may not be diminished on the pretext that the Covenant recognizes them to a lesser extent, has particular relevance to Article 19, paragraph 3, which would permit certain restrictions on the freedom of expression. The United States declares that it will continue to adhere to the requirements and constraints of its Constitution in respect to all such restrictions and limitations.



(3) That the United States declares that it accepts the competence of the Human Rights Committee to receive and consider communications under Article 41 in which a State Party claims that another State Party is not fulfilling its obligations under the Covenant.



(4) That the United States declares that the right referred to in Article 47 may be exercised only in accordance with international law.


## U.S. Proviso



Nothing in this Covenant requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States.

Treaty/Convention
U. S.
Signed


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
X
X
Following treaty

## Convention Against T**Orture**

# And Other Cruel, I**Nhuman** Or Degrading T**Reatment Or**

## P**Unishment** Adopted And Opened For


## Signature, Ratification And


## Accession By General Assembly Resolution 39/46 Of 10 December 1984 Entered Into Force 26 June 1987

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Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,



Recognizing that those rights derive from the inherent dignity of the human person,



Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,



Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,



Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,



Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,


Have agreed as follows:

## Part I Article 1



1. For the purposes of this Convention, the term "torture" means any act by which severe pain or


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suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.



2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.


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1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.



2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.



3. An order from a superior officer or a public authority may not be invoked as a justification of torture.



1. No State Party shall expel, return ("*refouler*") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.



2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.



1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.



2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.


1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:



(a) When the offences are committed in any



territory under its jurisdiction or on board a ship or aircraft registered in that State;



(b) When the alleged offender is a national of that State;



(c) When the victim is a national of that State if that State considers it appropriate.



2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.



3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.



1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.



2. Such State shall immediately make a preliminary inquiry into the facts.



3. Any person in custody pursuant to paragraph 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.



4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.



1. The State Party in the territory under whose jurisdiction a person alleged to have committed any



offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.



2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.



3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.



1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.



2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.



3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.



4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.



1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.



2. States Parties shall carry out their obligations under paragraph 1 of this article in conformity with any treaties on mutual judicial assistance that may exist between them.



1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.



2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.



Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.



Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.



Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.



1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.



2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.



Each State Party shall ensure that any statement which is established to have been made as a result of torture



shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.



1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.



2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.



## Part Ii Article 17



1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.



2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture.



3. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.



4. The initial election shall be held no later than six months after the date of the entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.



5. The members of the Committee shall be elected for a term of four years. They shall be eligible for re election if renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.



6. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary- General of the United Nations of the proposed appointment.



7. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.



1. The Committee shall elect its officers for a term of two years. They may be re-elected.



2. The Committee shall establish its own rules of procedure, but these rules shall provide, *inter alia*, that:



(a) Six members shall constitute a quorum;


(b) Decisions of the Committee shall be made by a majority vote of the members present.



3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention.



4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.



5. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any



expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article.


1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.



2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.



3. Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned. That State Party may respond with any observations it chooses to the Committee.



4. The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph 1 of this article.



1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.



2. Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.



3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co operation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.



4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Commission shall transmit these



findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.



5. All the proceedings of the Committee referred to in paragraphs I to 4 of this article shall be confidential, and at all stages of the proceedings the co-operation of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.



1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;



(a) If a State Party considers that another State



Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;



(b) If the matter is not adjusted to the satisfaction



of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;



(c) The Committee shall deal with a matter



referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged



or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;


(d) The Committee shall hold closed meetings when examining communications under this article;



(e) Subject to the provisions of subparagraph (c),



the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an *ad hoc* conciliation commission;



(f) In any matter referred to it under this article,



the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;


(g) The States Parties concerned, referred to in



subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;



(h) The Committee shall, within twelve months


after the date of receipt of notice under subparagraph (b), submit a report:



(i) If a solution within the terms of



subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;



(ii) If a solution within the terms of



subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.



In every matter, the report shall be communicated to the States Parties concerned.



2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary- General, unless the State Party concerned has made a new declaration.



1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.



2. The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.



3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.



4. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.



5. The Committee shall not consider any communications from an individual under this article unless it has ascertained that:



(a) The same matter has not been, and is not


being, examined under another procedure of international investigation or settlement;


(b) The individual has exhausted all available



domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.



6. The Committee shall hold closed meetings when examining communications under this article.



7. The Committee shall forward its views to the State Party concerned and to the individual.



8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already



transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary General, unless the State Party has made a new declaration.



The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph 1 (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.



The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.



## Part Iii Article 25



1. This Convention is open for signature by all States.



2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.



This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the United Nations.



1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.



2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.



1. Each State may, at the time of signature or ratification of this Convention or accession thereto,



declare that it does not recognize the competence of the Committee provided for in article 20.



2. Any State Party having made a reservation in accordance with paragraph 1 of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.



1. Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary General shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering an d voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.



2. An amendment adopted in accordance with paragraph 1 of this article shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.



3. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.



1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.



2. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party having made such a reservation.



3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.


1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.



2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.



3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.



The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following:



(a) Signatures, ratifications and accessions under
articles 25 and 26;


(b) The date of entry into force of this Convention


under article 27 and the date of the entry into force of any amendments under article 29;


(c) Denunciations under article 31.



1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary- General of the United Nations.



2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.



## U.S. Reservations



(1) That the United States considers itself bound by the obligation under article 16 to prevent 'cruel, inhuman or degrading treatment or punishment,' only



insofar as the term 'cruel, inhuman or degrading treatment or punishment' means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.



(2) That pursuant to article 30 (2) the United States declares that it does not consider itself bound by Article 30 (1), but reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.



## U.S. Understandings

(1) (a) That with reference to article 1, the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.



(b) That the United States understands that the



definition of torture in article 1 is intended to apply only to acts directed against persons in the offender's custody or physical control.



(c) That with reference to article 1 of the



Convention, the United States understands that
'sanctions' includes judicially-imposed sanctions and other enforcement actions authorized by United States law or by judicial interpretation of such law. Nonetheless, the United States understands that a State Party could not through its domestic sanctions defeat the object and purpose of the Convention to prohibit torture.



(d) That with reference to article 1 of the



Convention, the United States understands that the term 'acquiescence' requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his legal responsibility to intervene to prevent such activity.



(e) That with reference to article 1 of the


Convention, the Unites States understands that noncompliance with applicable legal procedural standards does not *per se* constitute torture.



(2) That the United States understands the phrase, 'where there are substantial grounds for believing that he would be in danger of being subjected to torture,' as used in article 3 of the Convention, to mean 'if it is more likely than not that he would be tortured.'



(3) That it is the understanding of the United States that article 14 requires a State Party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that State Party.



(4) That the United States understands that international law does not prohibit the death penalty, and does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States, including any constitutional period of confinement prior to the imposition of the death penalty.



(5) That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments. Accordingly, in implementing articles 10-14 and 16, the United States Government shall take measures appropriate to the Federal system to the end that the competent authorities of the constituent units of the United States of America may take appropriate measures for the fulfilment of the Convention.


## U.S. Declaration



(1) That the United States declares that the provisions of articles 1 through 16 of the Convention are not selfexecuting.

Treaty/Convention
U. S.
Signed


Rome Statute of the International Criminal Court
X
N/A
111



 On May 6, 2002, the United States informed the Secretary General that it does not intend to become a party to the treaty. Accordingly, the United States asserts that no legal obligations arise from its December 31, 2000 signature to the treaty.



## Rome S**Tatute Of The** International C**Riminal** C**Ourt** [As Corrected By The Proces Verbaux Of 10 November 1998 And 12 July 1999] Preamble

The States Parties to this Statute,



Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,



Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,


Recognizing that such grave crimes threaten the peace, security and well-being of the world,



Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,



Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,



Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,



Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,



Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over

| U.S.     |     | U.S. Reservation/    |     |
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| Ratified |     | Understanding        |     |
| States   |     |                      |     |
| Party    |     |                      |     |
|          |     |                      |     |
|          |     |                      |     |
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the most serious crimes of concern to the international community as a whole,



Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,



Resolved to guarantee lasting respect for and the enforcement of international justice,


Have agreed as follows:

## Part 1 Establishment Of The Court Article 1

The Court



An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.



## Article 2 Relationship Of The Court With The United Nations



The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.


## Article 3 Seat Of The Court



1. The seat of the Court shall be established at The Hague in the Netherlands ("the host State").



2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.



3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.



## Article 4 Legal Status And Powers Of The Court



1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.



2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.


## Part 2 Jurisdiction, Admissibility And Applicable Law Article 5 Crimes Within The Jurisdiction Of The Court



1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:



(a) The crime of genocide;


(b) Crimes against humanity;


(c) War crimes;


(d) The crime of aggression.



2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.



## Article 6 Genocide



For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:


(a) Killing members of the group;


(b) Causing serious bodily or mental harm to members of the group;


(c) Deliberately inflicting on the group conditions



of life calculated to bring about its physical destruction in whole or in part;



(d) Imposing measures intended to prevent births within the group;


(e) Forcibly transferring children of the group to another group.


## Article 7 Crimes Against Humanity



1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part. of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:



(a) Murder;


(b) Extermination;


(c) Enslavement;


(d) Deportation or forcible transfer of population;


(e) Imprisonment or other severe deprivation of


physical liberty in violation of fundamental rules of international law;



(f) Torture;

(g) Rape, sexual slavery, enforced prostitution,


forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;


(h) Persecution against any identifiable group or



collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;



(i) Enforced disappearance of persons;


(j) The crime of apartheid;



(k) Other inhumane acts of a similar character


intentionally causing great suffering, or serious injury to body or to mental or physical health.



2. For the purpose of paragraph 1:



(a) "Attack directed against any civilian



population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;


(b) "Extermination" includes the intentional



infliction of conditions of life, *inter alia* the deprivation of access to food and medicine, calculated to bring about the destruction of part. of a population;



(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership



over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;


(d) "Deportation or forcible transfer of



population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;


(e) "Torture" means the intentional infliction of



severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;


(f) "Forced pregnancy" means the unlawful



confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;


(g) "Persecution" means the intentional and



severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;


(h) "The crime of apartheid" means inhumane



acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;


(i) "Enforced disappearance of persons" means



the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.



3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.


## Article 8 War Crimes



1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part. of a plan or policy or as part. of a large-scale commission of such crimes.



2. For the purpose of this Statute, "war crimes" means:


(a) Grave breaches of the Geneva Conventions of


12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:


(i) Wilful killing;


(ii) Torture or inhuman treatment, including biological experiments;


(iii) Wilfully causing great suffering, or serious injury to body or health;



(iv) Extensive destruction and appropriation


of property, not justified by military necessity and carried out unlawfully and wantonly;



(v) Compelling a prisoner of war or other



protected person to serve in the forces of a hostile Power;



(vi) Wilfully depriving a prisoner of war or


other protected person of the rights of fair and regular trial;


(vii) Unlawful deportation or transfer or unlawful confinement;


(viii) Taking of hostages.



(b) Other serious violations of the laws and



customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the


civilian population as such or against individual civilians not taking direct part. in hostilities;


(ii) Intentionally directing attacks against


civilian objects, that is, objects which are not military objectives;


(iii) Intentionally directing attacks against



personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;



(iv) Intentionally launching an attack in the



knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;


(v) Attacking or bombarding, by whatever


means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;



(vi) Killing or wounding a combatant who,


having laid down his arms or having no longer means of defence, has surrendered at discretion;



(vii) Making improper use of a flag of truce,


of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;



(viii) The transfer, directly or indirectly, 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;


(ix) Intentionally directing attacks against



buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;



(x) Subjecting persons who are in the power



of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;


(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;


(xii) Declaring that no quarter will be given;


(xiii) Destroying or seizing the enemy's


property unless such destruction or seizure be imperatively demanded by the necessities of war;


(xiv) Declaring abolished, suspended or


inadmissible in a court of law the rights and actions of the nationals of the hostile party;


(xv) Compelling the nationals of the hostile



party to take part. in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;



(xvi) Pillaging a town or place, even when taken by assault;


(xvii) Employing poison or poisoned weapons;


(xviii) Employing asphyxiating, poisonous or


other gases, and all analogous liquids, materials or devices;


(xix) Employing bullets which expand or



flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;


(xx) Employing weapons, projectiles and



material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;



(xxi) Committing outrages upon personal



dignity, in particular humiliating and degrading treatment;


(xxii) Committing rape, sexual slavery,



enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;



(xxiii) Utilizing the presence of a civilian or



other protected person to render certain points, areas or military forces immune from military operations;


(xxiv) Intentionally directing attacks against


buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;


(xxv) Intentionally using starvation of



civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;


(xxvi) Conscripting or enlisting children under


the age of fifteen years into the national armed forces or using them to participate actively in hostilities.



(c) In the case of an armed conflict not of an



international character, serious violations of article 3
common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:



(i) Violence to life and person, in particular


murder of all kinds, mutilation, cruel treatment and torture;


(ii) Committing outrages upon personal



dignity, in particular humiliating and degrading treatment;


(iii) Taking of hostages;


(iv) The passing of sentences and the carrying


out of executions without previous judgement pronounced by a regularly constituted court, affording



all judicial guarantees which are generally recognized as indispensable.



(d) Paragraph 2 (c) applies to armed conflicts not



of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.



(e) Other serious violations of the laws and


customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the


civilian population as such or against individual civilians not taking direct part. in hostilities;

(ii) Intentionally directing attacks against


buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;


(iii) Intentionally directing attacks against



personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;


(iv) Intentionally directing attacks against



buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;



(v) Pillaging a town or place, even when taken by assault;


(vi) Committing rape, sexual slavery,



enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;


(vii) Conscripting or enlisting children under


the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;



(viii) Ordering the displacement of the civilian



population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;


(ix) Killing or wounding treacherously a combatant adversary;


(x) Declaring that no quarter will be given;



(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or



to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;


(xii) Destroying or seizing the property of an


adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;



(f) Paragraph 2 (e) applies to armed conflicts not



of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.



3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.


## Article 9 Elements Of Crimes



1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.



2. Amendments to the Elements of Crimes may be proposed by:



(a) Any State Party;


(b) The judges acting by an absolute majority;


(c) The Prosecutor.



Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.



3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.



Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.


## Article 11 Jurisdiction Ratione Temporis



1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.



2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.



## Article 12 Preconditions To The Exercise Of Jurisdiction



1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.



2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:



(a) The State on the territory of which the conduct



in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;


(b) The State of which the person accused of the crime is a national.



3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.



## Article 13 Exercise Of Jurisdiction



The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:



(a) A situation in which one or more of such



crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;



(b) A situation in which one or more of such



crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or


(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.



## Article 14 Referral Of A Situation By A State Party



1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.



2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.


## Article 15 Prosecutor



1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.



2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.



3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.



4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.



5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.



6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information



submitted to him or her regarding the same situation in the light of new facts or evidence.


## Article 16 Deferral Of Investigation Or Prosecution



No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.



## Article 17 Issues Of Admissibility



1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:



(a) The case is being investigated or prosecuted



by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;



(b) The case has been investigated by a State



which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;



(c) The person concerned has already been tried



for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;



(d) The case is not of sufficient gravity to justify further action by the Court.



2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:


(a) The proceedings were or are being undertaken



or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;



(b) There has been an unjustified delay in the



proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;



(c) The proceedings were not or are not being



conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.



3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.



## Article 18 Preliminary Rulings Regarding Admissibility



1. When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.



2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.



3. The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.



4. The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre- Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.



5. When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.



6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the



purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.



7. A State which has challenged a ruling of the Pre- Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.



## Article 19 Challenges To The Jurisdiction Of The Court Or The Admissibility Of A Case

1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.



2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:



(a) An accused or a person for whom a warrant of



arrest or a summons to appear has been issued under article 58;



(b) A State which has jurisdiction over a case, on



the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or


(c) A State from which acceptance of jurisdiction is required under article 12.



3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.



4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).



5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.



6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre- Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with



respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.



7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.



8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court:


(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;



(b) To take a statement or testimony from a



witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and


(c) In cooperation with the relevant States, to



prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.



9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.



10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.



11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.


## Article 20 Ne Bis In Idem



1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.



2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.



3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:



(a) Were for the purpose of shielding the person


concerned from criminal responsibility for crimes within the jurisdiction of the Court; or


(b) Otherwise were not conducted independently



or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.



## Article 21 Applicable Law

1. The Court shall apply:


(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;


(b) In the second place, where appropriate,


applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;


(c) Failing that, general principles of law derived


by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.



2. The Court may apply principles and rules of law as interpreted in its previous decisions.



3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.



## Part 3 General Principles Of Criminal Law Article 22 Nullum Crimen Sine Lege



1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.



2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour



of the person being investigated, prosecuted or convicted.



3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.


## Article 23 Nulla Poena Sine Lege



A person convicted by the Court may be punished only in accordance with this Statute.


## Article 24 Non-Retroactivity Ratione Personae



1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.



2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.


## Article 25 Individual Criminal Responsibility



1. The Court shall have jurisdiction over natural persons pursuant to this Statute.



2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.



3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:



(a) Commits such a crime, whether as an


individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;


(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;



(c) For the purpose of facilitating the commission



of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;



(d) In any other way contributes to the



commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:


(i) Be made with the aim of furthering the


criminal activity or criminal purpose of the group, where such activity or purpose involves the



commission of a crime within the jurisdiction of the Court; or



(ii) Be made in the knowledge of the intention of the group to commit the crime;



(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;



(f) Attempts to commit such a crime by taking



action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.



4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.


## Article 26 Exclusion Of Jurisdiction Over Persons Under Eighteen



The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.



## Article 27 Irrelevance Of Official Capacity



1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.



2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.



## Article 28 Responsibility Of Commanders And Other Superiors



In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:


(a) A military commander or person effectively



acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective



command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:


(i) That military commander or person either



knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and


(ii) That military commander or person failed



to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.



(b) With respect to superior and subordinate



relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:


(i) The superior either knew, or consciously



disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;


(ii) The crimes concerned activities that were


within the effective responsibility and control of the superior; and



(iii) The superior failed to take all necessary



and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


## Article 29 Non-Applicability Of Statute Of Limitations



The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.



## Article 30 Mental Element

1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.



2. For the purposes of this article, a person has intent where:


(a) In relation to conduct, that person means to engage in the conduct;



(b) In relation to a consequence, that person



means to cause that consequence or is aware that it will occur in the ordinary course of events.



3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.



## Article 31 Grounds For Excluding Criminal Responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:



(a) The person suffers from a mental disease or



defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;


(b) The person is in a state of intoxication that



destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;



(c) The person acts reasonably to defend himself



or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;



(d) The conduct which is alleged to constitute a



crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or


(ii) Constituted by other circumstances beyond that person's control.



2. The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.



3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.


## Article 32 Mistake Of Fact Or Mistake Of Law



1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.



2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.



## Article 33 Superior Orders And Prescription Of Law



1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:



(a) The person was under a legal obligation to


obey orders of the Government or the superior in question;


(b) The person did not know that the order was unlawful; and


(c) The order was not manifestly unlawful.



2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.



## Part 4 Composition And Administration Of The Court Article 34 Organs Of The Court

The Court shall be composed of the following organs:



(a) The Presidency;



(b) An Appeals Division, a Trial Division and a
Pre-Trial Division;


(c) The Office of the Prosecutor;


(d) The Registry.

## Article 35 Service Of Judges



1. All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.



2. The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.



3. The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.



4. The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49.


## Article 36 Qualifications, Nomination And Election Of Judges



1. Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.



2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.



(b) Any such proposal shall then be considered at



a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.



(c) (i) Once a proposal for an increase in the



number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;



(ii) Once a proposal for an increase in the



number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.



3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.



(b) Every candidate for election to the Court shall:



(i) Have established competence in criminal


law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or



(ii) Have established competence in relevant



areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;



(c) Every candidate for election to the Court shall



have an excellent knowledge of and be fluent in at least one of the working languages of the Court.



4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:


(i) By the procedure for the nomination of



candidates for appointment to the highest judicial offices in the State in question; or


(ii) By the procedure provided for the


nomination of candidates for the International Court of Justice in the Statute of that Court.



Nominations shall be accompanied by a statement


in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.



(b) Each State Party may put forward one



candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.



(c) The Assembly of States Parties may decide to



establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.



5. For the purposes of the election, there shall be two lists of candidates:



List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and



List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).



A candidate with sufficient qualifications for both



lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.



6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.



(b) In the event that a sufficient number of judges



is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.



7. No two judges may be nationals of the same State.

A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.



8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:


(i) The representation of the principal legal systems of the world;


(ii) Equitable geographical representation;
and



(iii) A fair representation of female and male judges.



(b) States Parties shall also take into account the need to include judges with legal expertise on specific



issues, including, but not limited to, violence against women or children.



9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.



(b) At the first election, one third of the judges



elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.



(c) A judge who is selected to serve for a term of


three years under subparagraph (b) shall be eligible for re-election for a full term.



10. Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.


## Article 37 Judicial Vacancies



1. In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.



2. A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.


## Article 38 The Presidency



1. The President and the First and Second Vice- Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.



2. The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.



3. The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for:


(a) The proper administration of the Court, with the exception of the Office of the Prosecutor; and


(b) The other functions conferred upon it in accordance with this Statute.



4. In discharging its responsibility under paragraph 3 (a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.



## Article 39 Chambers

1. As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b). The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.



2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.



(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;


(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;


(iii) The functions of the Pre-Trial Chamber



shall be carried out either by three judges of the Pre- Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;



(c) Nothing in this paragraph shall preclude the


simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.



3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.



(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.



4. Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.



## Article 40 Independence Of The Judges



1. The judges shall be independent in the performance of their functions.



2. Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.



3. Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.



4. Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part. in the decision.


## Article 41 Excusing And Disqualification Of Judges



1. The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.



2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.



(b) The Prosecutor or the person being


investigated or prosecuted may request the disqualification of a judge under this paragraph.



(c) Any question as to the disqualification of a



judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part. in the decision.


## Article 42 The Office Of The Prosecutor



1. The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.



2. The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.


3. The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.



4. The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re election.



5. Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.



6. The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.



7. Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, *inter alia*, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.



8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.



(a) The person being investigated or prosecuted



may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;


(b) The Prosecutor or the Deputy Prosecutor, as



appropriate, shall be entitled to present his or her comments on the matter;



9. The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.



## Article 43 The Registry



1. The Registry shall be responsible for the nonjudicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.



2. The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.



3. The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.



4. The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.



5. The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.



6. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.


## Article 44 Staff



1. The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.



2. In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, *mutatis mutandis*, to the criteria set forth in article 36, paragraph 8.



3. The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.


4. The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.


## Article 45 Solemn Undertaking



Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.



## Article 46 Removal From Office



1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:



(a) Is found to have committed serious



misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or



(b) Is unable to exercise the functions required by this Statute.



2. A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:



( a) In the case of a judge, by a two-thirds majority



of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;



(b) In the case of the Prosecutor, by an absolute majority of the States Parties;



(c) In the case of a Deputy Prosecutor, by an


absolute majority of the States Parties upon the recommendation of the Prosecutor.



3. A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.


4. A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.



## Article 47 Disciplinary Measures



A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.



## Article 48 Privileges And Immunities



1. The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.



2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.



3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.



4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.

5. The privileges and immunities of:


(a) A judge or the Prosecutor may be waived by an absolute majority of the judges;


(b) The Registrar may be waived by the Presidency;


(c) The Deputy Prosecutors and staff of the


Office of the Prosecutor may be waived by the Prosecutor;


(d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.


## Article 49 Salaries, Allowances And Expenses

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The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties. These salaries and allowances shall not be reduced during their terms of office.


## Article 50 Official And Working Languages



1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.



2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.



3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.



## Article 51 Rules Of Procedure And Evidence



1. The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.



2. Amendments to the Rules of Procedure and Evidence may be proposed by:



(a) Any State Party;


(b) The judges acting by an absolute majority; or


(c) The Prosecutor.



Such amendments shall enter into force upon



adoption by a two-thirds majority of the members of the Assembly of States Parties.



3. After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.



4. The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.



5. In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.



## Article 52 Regulations Of The Court



1. The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning.



2. The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.



3. The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force.


## Part 5 Investigation And Prosecution Article 53 Initiation Of An Investigation



1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:



(a) The information available to the Prosecutor



provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;



(b) The case is or would be admissible under article 17; and


(c) Taking into account the gravity of the crime



and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.



If the Prosecutor determines that there is no



reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.



2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:



(a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;



(b) The case is inadmissible under article 17; or



(c) A prosecution is not in the interests of justice,


taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;



the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.



3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.



(b) In addition, the Pre-Trial Chamber may, on its



own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.



4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.


## Article 54 Duties And Powers Of The Prosecutor With Respect To Investigations

1. The Prosecutor shall:



(a) In order to establish the truth, extend the



investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;



(b) Take appropriate measures to ensure the



effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and


(c) Fully respect the rights of persons arising under this Statute.



2. The Prosecutor may conduct investigations on the territory of a State:



(a) In accordance with the provisions of Part 9; or


(b) As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).



3. The Prosecutor may:


(a) Collect and examine evidence;


(b) Request the presence of and question persons
being investigated, victims and witnesses;



(c) Seek the cooperation of any State or



intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;


(d) Enter into such arrangements or agreements,



not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;



(e) Agree not to disclose, at any stage of the


proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and


(f) Take necessary measures, or request that



necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.


## Article 55 Rights Of Persons During An Investigation



1. In respect of an investigation under this Statute, a person:



(a) Shall not be compelled to incriminate himself or herself or to confess guilt;



(b) Shall not be subjected to any form of



coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;



(c) Shall, if questioned in a language other than a



language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and



(d) Shall not be subjected to arbitrary arrest or



detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.



2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:



(a) To be informed, prior to being questioned,



that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;



(b) To remain silent, without such silence being a


consideration in the determination of guilt or innocence;


(c) To have legal assistance of the person's



choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and



(d) To be questioned in the presence of counsel


unless the person has voluntarily waived his or her right to counsel.



## Article 56 Role Of The Pre-Trial Chamber In Relation To A Unique Investigative Opportunity



1. (a) Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.



(b) In that case, the Pre-Trial Chamber may, upon



request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.



(c) Unless the Pre-Trial Chamber orders



otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.



2. The measures referred to in paragraph 1 (b) may include:


(a) Making recommendations or orders regarding procedures to be followed;



(b) Directing that a record be made of the proceedings;



(c) Appointing an expert to assist;



(d) Authorizing counsel for a person who has



been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;



(e) Naming one of its members or, if necessary,



another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;


(f) Taking such other action as may be necessary to collect or preserve evidence.



3. (a) Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-
Trial Chamber may take such measures on its own initiative.



(b) A decision of the Pre-Trial Chamber to act on



its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.



4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.


## Article 57 Functions And Powers Of The Pre-Trial Chamber



1. Unless otherwise provided in this Statute, the Pre- Trial Chamber shall exercise its functions in accordance with the provisions of this article.



2 . (a) Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges.



(b) In all other cases, a single judge of the Pre-



Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.



3. In addition to its other functions under this Statute, the Pre-Trial Chamber may:


(a) At the request of the Prosecutor, issue such


orders and warrants as may be required for the purposes of an investigation;



(b) Upon the request of a person who has been



arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;


(c) Where necessary, provide for the protection



and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;



(d) Authorize the Prosecutor to take specific



investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.



(e) Where a warrant of arrest or a summons has



been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.


## Article 58 Issuance By The Pre-Trial Chamber Of A Warrant Of Arrest Or A Summons To Appear



1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or


other information submitted by the Prosecutor, it is satisfied that:



(a) There are reasonable grounds to believe that



the person has committed a crime within the jurisdiction of the Court; and


(b) The arrest of the person appears necessary:



(i) To ensure the person's appearance at trial,


(ii) To ensure that the person does not


obstruct or endanger the investigation or the court proceedings, or



(iii) Where applicable, to prevent the person



from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.



2. The application of the Prosecutor shall contain:


(a) The name of the person and any other relevant identifying information;



(b) A specific reference to the crimes within the


jurisdiction of the Court which the person is alleged to have committed;


(c) A concise statement of the facts which are alleged to constitute those crimes;



(d) A summary of the evidence and any other


information which establish reasonable grounds to believe that the person committed those crimes; and


(e) The reason why the Prosecutor believes that the arrest of the person is necessary.



3. The warrant of arrest shall contain:


(a) The name of the person and any other relevant identifying information;



(b) A specific reference to the crimes within the


jurisdiction of the Court for which the person's arrest is sought; and


(c) A concise statement of the facts which are alleged to constitute those crimes.



4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.



5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.



6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.



7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that



the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:


(a) The name of the person and any other relevant identifying information;


(b) The specified date on which the person is to appear;



(c) A specific reference to the crimes within the


jurisdiction of the Court which the person is alleged to have committed; and


(d) A concise statement of the facts which are alleged to constitute the crime.



The summons shall be served on the person.


## Article 59 Arrest Proceedings In The Custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.



2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:



(a) The warrant applies to that person;



(b) The person has been arrested in accordance with the proper process; and


(c) The person's rights have been respected.



3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.



4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).



5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make



recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.



6. If the person is granted interim release, the Pre- Trial Chamber may request periodic reports on the status of the interim release.


7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.


## Article 60 Initial Proceedings Before The Court



1. Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.



2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.



3. The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.



4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.



5. If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.


## Article 61 Confirmation Of The Charges Before Trial



1. Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing



shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.



2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:



(a) Waived his or her right to be present; or


(b) Fled or cannot be found and all reasonable



steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.



In that case, the person shall be represented by


counsel where the Pre-Trial Chamber determines that it is in the interests of justice.



3. Within a reasonable time before the hearing, the person shall:



(a) Be provided with a copy of the document


containing the charges on which the Prosecutor intends to bring the person to trial; and


(b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing.



The Pre-Trial Chamber may issue orders regarding


the disclosure of information for the purposes of the hearing.



4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.



5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.



6. At the hearing, the person may:



(a) Object to the charges;


(b) Challenge the evidence presented by the
Prosecutor; and


(c) Present evidence.



7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall:



(a) Confirm those charges in relation to which it



has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;



(b) Decline to confirm those charges in relation to



which it has determined that there is insufficient evidence;


(c) Adjourn the hearing and request the Prosecutor to consider:



(i) Providing further evidence or conducting



further investigation with respect to a particular charge; or



(ii) Amending a charge because the evidence



submitted appears to establish a different crime within the jurisdiction of the Court.



8. Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.



9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.



10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.



11. Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph
9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.



## Part 6 The Trial Article 62 Place Of Trial



Unless otherwise decided, the place of the trial shall be the seat of the Court.


## Article 63 Trial In The Presence Of The Accused

1. The accused shall be present during the trial.



2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.


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1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.


2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.



3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:



(a) Confer with the parties and adopt such



procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;



(b) Determine the language or languages to be used at trial; and



(c) Subject to any other relevant provisions of this



Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.



4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.



5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.



6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:


(a) Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;



(b) Require the attendance and testimony of witnesses and production of documents and other



evidence by obtaining, if necessary, the assistance of States as provided in this Statute;


(c) Provide for the protection of confidential information;



(d) Order the production of evidence in addition



to that already collected prior to the trial or presented during the trial by the parties;


(e) Provide for the protection of the accused, witnesses and victims; and


(f) Rule on any other relevant matters.



7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.



8. (a) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.



(b) At the trial, the presiding judge may give



directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.



9. The Trial Chamber shall have, *inter alia*, the power on application of a party or on its own motion to:


(a) Rule on the admissibility or relevance of evidence; and



(b) Take all necessary steps to maintain order in the course of a hearing.



10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.


## Article 65 Proceedings On An Admission Of Guilt



1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:


(a) The accused understands the nature and consequences of the admission of guilt;



(b) The admission is voluntarily made by the


accused after sufficient consultation with defence counsel; and



(c) The admission of guilt is supported by the facts of the case that are contained in:


(i) The charges brought by the Prosecutor and admitted by the accused;


(ii) Any materials presented by the


Prosecutor which supplement the charges and which the accused accepts; and


(iii) Any other evidence, such as the testimony


of witnesses, presented by the Prosecutor or the accused.



2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.



3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.



4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:



(a) Request the Prosecutor to present additional evidence, including the testimony of witnesses; or


(b) Order that the trial be continued under the



ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.



5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.


## Article 66 Presumption Of Innocence



1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.



2. The onus is on the Prosecutor to prove the guilt of the accused.



3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.


## Article 67 Rights Of The Accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:



(a) To be informed promptly and in detail of the



nature, cause and content of the charge, in a language which the accused fully understands and speaks;


(b) To have adequate time and facilities for the



preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;



(c) To be tried without undue delay;



(d) Subject to article 63, paragraph 2, to be



present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;



(e) To examine, or have examined, the witnesses



against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;


(f) To have, free of any cost, the assistance of a



competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;



(g) Not to be compelled to testify or to confess



guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;


(h) To make an unsworn oral or written statement in his or her defence; and



(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.



2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect



the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.


## Article 68 Protection Of The Victims And Witnesses And Their Participation In The Proceedings



1. The Court shall take appropriate measures to protect the safety, physical and psychological well being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.



2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part. of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.



3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.



4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.



5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.



6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.


## Article 69 Evidence



1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.



2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.



3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.



4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.



5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.



6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.



7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:


(a) The violation casts substantial doubt on the reliability of the evidence; or


(b) The admission of the evidence would be



antithetical to and would seriously damage the integrity of the proceedings.



8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.


## Article 70 Offences Against The Administration Of Justice



1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:


(a) Giving false testimony when under an



obligation pursuant to article 69, paragraph 1, to tell the truth;


(b) Presenting evidence that the party knows is false or forged;



(c) Corruptly influencing a witness, obstructing or



interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;


(d) Impeding, intimidating or corruptly



influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;


(e) Retaliating against an official of the Court on account of duties performed by that or another official;


(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.



2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.



3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.



4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;



(b) Upon request by the Court, whenever it deems



it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.


## Article 71 Sanctions For Misconduct Before The Court



1. The Court may sanction persons present before it who commit misconduct, including disruption of its



proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.



2. The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.



## Article 72 Protection Of National Security Information



1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.



2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.



3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.



4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.



5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:



(a) Modification or clarification of the request;


(b) A determination by the Court regarding the


relevance of the information or evidence sought, or a determination as to whether the evidence, though



relevant, could be or has been obtained from a source other than the requested State;


(c) Obtaining the information or evidence from a different source or in a different form; or



(d) Agreement on conditions under which the



assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or *ex parte* proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.


6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.



7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:



(a) Where disclosure of the information or



document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4:



(i) The Court may, before making any



conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings *in camera* and ex parte;


(ii) If the Court concludes that, by invoking



the ground for refusal under article 93, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and


(iii) The Court may make such inference in



the trial of the accused as to the existence or non existence of a fact, as may be appropriate in the circumstances; or


(b) In all other circumstances:

(i) Order disclosure; or



(ii) To the extent it does not order disclosure,



make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.



## Article 73 Third-Party Information Or Documents



If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.



## Article 74 Requirements For The Decision



1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.



2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.



3. The judges shall attempt to achieve unanimity in
their decision, failing which the decision shall be taken
by a majority of the judges.



4. The deliberations of the Trial Chamber shall remain secret.



5. The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.


## Article 75 Reparations To Victims



1. The Court shall establish principles relating to reparations to, or in respect of, victims, including



restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.



2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.



3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.



4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.



5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.



6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.


## Article 76 Sentencing



1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.



2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.



3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.



4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.



## Part 7 Penalties Article 77 Applicable Penalties



1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:



(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or



(b) A term of life imprisonment when justified by


the extreme gravity of the crime and the individual circumstances of the convicted person.



2. In addition to imprisonment, the Court may order:



(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;


(b) A forfeiture of proceeds, property and assets


derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.



## Article 78 Determination Of The Sentence



1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.



2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.



3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).



## Article 79 Trust Fund



1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.



2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.



3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.



## Article 80 Non-Prejudice To National Application Of Penalties And National Laws



Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.


## Part 8 Appeal And Revision Article 81 Appeal Against Decision Of Acquittal Or Conviction Or Against Sentence



1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:


(a) The Prosecutor may make an appeal on any of the following grounds:



(i) Procedural error,


(ii) Error of fact, or


(iii) Error of law;


(b) The convicted person, or the Prosecutor on


that person's behalf, may make an appeal on any of the following grounds:



(i) Procedural error,


(ii) Error of fact,


(iii) Error of law, or


(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.



2. (a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;


(b) If on an appeal against sentence the Court



considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b),



and may render a decision on conviction in accordance with article 83;


(c) The same procedure applies when the Court,



on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).



3. (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;



(b) When a convicted person's time in custody



exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;


(c) In case of an acquittal, the accused shall be released immediately, subject to the following:



(i) Under exceptional circumstances, and



having regard, *inter alia*, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;


(ii) A decision by the Trial Chamber under



subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.



4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.


## Article 82 Appeal Against Other Decisions



1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:



(a) A decision with respect to jurisdiction or admissibility;


(b) A decision granting or denying release of the person being investigated or prosecuted;



(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;


(d) A decision that involves an issue that would



significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.



2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of



the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.



3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.



4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.


## Article 83 Proceedings On Appeal



1. For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.



2. If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:



(a) Reverse or amend the decision or sentence; or



(b) Order a new trial before a different Trial
Chamber.



For these purposes, the Appeals Chamber may



remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.



3. If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.



4. The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.



5. The Appeals Chamber may deliver its judgement in the absence of the person acquitted or convicted.


## Article 84 Revision Of Conviction Or Sentence



1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:


(a) New evidence has been discovered that:



(i) Was not available at the time of trial, and


such unavailability was not wholly or partially attributable to the party making application; and



(ii) Is sufficiently important that had it been



proved at trial it would have been likely to have resulted in a different verdict;


(b) It has been newly discovered that decisive



evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;


(c) One or more of the judges who participated in



conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.



2.

The Appeals Chamber shall reject the



application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:



(a) Reconvene the original Trial Chamber;



(b) Constitute a new Trial Chamber; or


(c) Retain jurisdiction over the matter,



with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.


## Article 85 Compensation To An Arrested Or Convicted Person



1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.



2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non



disclosure of the unknown fact in time is wholly or partly attributable to him or her.



3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.


## Part 9 International Cooperation And Judicial Assistance Article 86 General Obligation To Cooperate



States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.


## Article 87 Requests For Cooperation: General Provisions



1. (a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.



(b) When appropriate, without prejudice to the


provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.



2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.



3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.



4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.



5. (a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an *ad hoc* arrangement, an agreement with such State or any other appropriate basis.



(b) Where a State not party to this Statute, which



has entered into an *ad hoc* arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.



6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.



7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.


## Article 88 Availability Of Procedures Under National Law



States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.


Surrender of persons to the Court



1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and



the procedure under their national law, comply with requests for arrest and surrender.



2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of *ne bis in idem* as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.



3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.



(b) A request by the Court for transit shall be



transmitted in accordance with article 87. The request for transit shall contain:


(i) A description of the person being transported;


(ii) A brief statement of the facts of the case and their legal characterization; and


(iii) The warrant for arrest and surrender;


(c) A person being transported shall be detained in custody during the period of transit;



(d) No authorization is required if the person is



transported by air and no landing is scheduled on the territory of the transit State;


(e) If an unscheduled landing occurs on the



territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.



4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.


## Article 90 Competing Requests



1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same


conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.



2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:



(a) The Court has, pursuant to article 18 or 19,



made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or


(b) The Court makes the determination described



in subparagraph (a) pursuant to the requested State's notification under paragraph 1.



3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.



4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.



5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.



6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:


(a) The respective dates of the requests;


(b) The interests of the requesting State including,



where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and


(c) The possibility of subsequent surrender between the Court and the requesting State.



7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same


person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:



(a) The requested State shall, if it is not under an



existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;



(b) The requested State shall, if it is under an



existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.



8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.


## Article 91 Contents Of Request For Arrest And Surrender



1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).



2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:


(a) Information describing the person sought,



sufficient to identify the person, and information as to that person's probable location;


(b) A copy of the warrant of arrest; and


(c) Such documents, statements or information as



may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.



3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:


(a) A copy of any warrant of arrest for that person;


(b) A copy of the judgement of conviction;



(c) Information to demonstrate that the person



sought is the one referred to in the judgement of conviction; and


(d) If the person sought has been sentenced, a



copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.



4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.



## Article 92 Provisional Arrest



1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.



2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:


(a) Information describing the person sought,



sufficient to identify the person, and information as to that person's probable location;


(b) A concise statement of the crimes for which



the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;



(c) A statement of the existence of a warrant of



arrest or a judgement of conviction against the person sought; and



(d) A statement that a request for surrender of the person sought will follow.



3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.



4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.



## Article 93 Other Forms Of Cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:


(a) The identification and whereabouts of persons or the location of items;


(b) The taking of evidence, including testimony


under oath, and the production of evidence, including expert opinions and reports necessary to the Court;



(c) The questioning of any person being investigated or prosecuted;


(d) The service of documents, including judicial documents;


(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;


(f) The temporary transfer of persons as provided in paragraph 7;



(g) The examination of places or sites, including the exhumation and examination of grave sites;


(h) The execution of searches and seizures;


(i) The provision of records and documents, including official records and documents;


(j) The protection of victims and witnesses and the preservation of evidence;


(k) The identification, tracing and freezing or



seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and



(l) Any other type of assistance which is not



prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.



2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.



3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to



whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.



4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.



5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.



6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.



7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:


(i) The person freely gives his or her informed consent to the transfer; and



(ii) The requested State agrees to the transfer,



subject to such conditions as that State and the Court may agree.



(b) The person being transferred shall remain in


custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.



8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.



(b) The requested State may, when necessary,



transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.



(c) The requested State may, on its own motion or



at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.



9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party



shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.



(ii) Failing that, competing requests shall be



resolved in accordance with the principles established in article 90.



(b) Where, however, the request from the Court



concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.



10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.



(b) (i) The assistance provided under subparagraph (a) shall include, *inter alia*:


a.

The transmission of statements,



documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and


b. The questioning of any person detained by order of the Court;


(ii) In the case of assistance under subparagraph (b) (i) a:



a.

If the documents or other types of



evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;


b. If the statements, documents or other



types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.



(c) The Court may, under the conditions set out in



this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.



## Article 94 Postponement Of Execution Of A Request In Respect Of Ongoing Investigation Or Prosecution



1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer



than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.



2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).



## Article 95 Postponement Of Execution Of A Request In Respect Of An Admissibility Challenge



Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.



## Article 96 Contents Of Request For Other Forms Of Assistance Under Article 93



1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).



2. The request shall, as applicable, contain or be supported by the following:


(a) A concise statement of the purpose of the


request and the assistance sought, including the legal basis and the grounds for the request;


(b) As much detailed information as possible



about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;



(c) A concise statement of the essential facts underlying the request;


(d) The reasons for and details of any procedure or requirement to be followed;



(e) Such information as may be required under



the law of the requested State in order to execute the request; and



(f) Any other information relevant in order for the assistance sought to be provided.



3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under



its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.



4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.



## Article 97 Consultations



Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, *inter alia*:


(a) Insufficient information to execute the request;



(b) In the case of a request for surrender, the fact



that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or



(c) The fact that execution of the request in its



current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.



## Article 98 Cooperation With Respect To Waiver Of Immunity And Consent To Surrender



1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.



2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.


## Article 99 Execution Of Requests Under Articles 93 And 96



1. Requests for assistance shall be executed in accordance with the relevant procedure under the law



of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.



2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.



3. Replies from the requested State shall be transmitted in their original language and form.



4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:



(a) When the State Party requested is a State on



the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;


(b) In other cases, the Prosecutor may execute



such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.



5. Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.


## Article 100 Costs



1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:


(a) Costs associated with the travel and security


of witnesses and experts or the transfer under article 93 of persons in custody;



(b) Costs of translation, interpretation and transcription;


(c) Travel and subsistence costs of the judges, the


Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;


(d) Costs of any expert opinion or report requested by the Court;



(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and



(f) Following consultations, any extraordinary costs that may result from the execution of a request.



2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.


## Article 101 Rule Of Speciality



1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.



2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.



## Article 102 Use Of Terms

For the purposes of this Statute:


(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.



(b) "extradition" means the delivering up of a



person by one State to another as provided by treaty, convention or national legislation.


## Part 10 Enforcement Article 103 Role Of States In Enforcement Of Sentences Of Imprisonment

1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.



(b) At the time of declaring its willingness to



accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.



(c) A State designated in a particular case shall



promptly inform the Court whether it accepts the Court's designation.



2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.



(b) Where the Court cannot agree to the



circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.



3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:


(a) The principle that States Parties should share



the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;


(b) The application of widely accepted


international treaty standards governing the treatment of prisoners;


(c) The views of the sentenced person;


(d) The nationality of the sentenced person;


(e) Such other factors regarding the


circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.



4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison



facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.


## Article 104 Change In Designation Of State Of Enforcement



1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.



2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.



## Article 105 Enforcement Of The Sentence

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1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.



2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.



## Article 106 Supervision Of Enforcement Of Sentences And Conditions Of Imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.



2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.



3. Communications between a sentenced person and the Court shall be unimpeded and confidential.


Transfer of the person upon completion of sentence



1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of



enforcement authorizes the person to remain in its territory.



2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.



3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.



## Article 108 Limitation On The Prosecution Or Punishment Of Other Offences



1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.



2. The Court shall decide the matter after having heard the views of the sentenced person.



3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.



## Article 109 Enforcement Of Fines And Forfeiture Measures



1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.



2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.



3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.



## Article 110 Review By The Court Concerning Reduction Of Sentence



1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.



2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.



3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.


4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:

(a) The early and continuing willingness of the


person to cooperate with the Court in its investigations and prosecutions;


(b) The voluntary assistance of the person in



enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or



(c) Other factors establishing a clear and



significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.



5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.


## Article 111 Escape



If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.


## Part 11 Assembly Of States Parties Article 112 Assembly Of States Parties



1. An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.



2. The Assembly shall:


(a) Consider and adopt, as appropriate, recommendations of the Preparatory Commission;



(b) Provide management oversight to the


Presidency, the Prosecutor and the Registrar regarding the administration of the Court;


(c) Consider the reports and activities of the



Bureau established under paragraph 3 and take appropriate action in regard thereto;



(d) Consider and decide the budget for the Court;



(e) Decide whether to alter, in accordance with article 36, the number of judges;



(f) Consider pursuant to article 87, paragraphs 5
and 7, any question relating to non-cooperation;



(g) Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.



3. (a) The Assembly shall have a Bureau consisting of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms.



(b) The Bureau shall have a representative



character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world.



(c) The Bureau shall meet as often as necessary,



but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.



4. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.



5. The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.



6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.



7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:



(a) Decisions on matters of substance must be



approved by a two-thirds majority of those present and voting provided that an absolute majority of States Parties constitutes the quorum for voting;


(b) Decisions on matters of procedure shall be



taken by a simple majority of States Parties present and voting.



8. A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.



9. The Assembly shall adopt its own rules of procedure.



10. The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.


## Part 12 Financing Article 113 Financial Regulations



Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.


## Article 114 Payment Of Expenses



Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.


## Article 115 Funds Of The Court And Of The Assembly Of States Parties

The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources:



(a) Assessed contributions made by States
Parties;


(b) Funds provided by the United Nations, subject



to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.


## Article 116 Voluntary Contributions



Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.


## Article 117 Assessment Of Contributions



The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.



## Article 118 Annual Audit



The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.


## Part 13 Final Clauses Article 119 Settlement Of Disputes



1. Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.



2. Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.



## Article 120 Reservations

No reservations may be made to this Statute.



## Article 121 Amendments



1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.



2. No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.



3. The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.



4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.


5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or



acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.



6. If an amendment has been accepted by seveneighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.



7. The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.


## Article 122 Amendments To Provisions Of An Institutional Nature



1. Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.



2. Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.


## Article 123 Review Of The Statute



1. Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.



2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the



Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.


3. The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.



## Article 124 Transitional Provision

Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.



## Article 125 Signature, Ratification, Acceptance, Approval Or Accession



1. This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.



2. This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.



3. This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.


## Article 126 Entry Into Force



1. This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary- General of the United Nations.



2. For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th


instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first


day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.


## Article 127 Withdrawal



1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.



2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.


## Article 128 Authentic Texts



The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.



IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.



DONE at Rome, this 17th day of July 1998.

## I**Ndex**



This index is not intended to supplant the index provided in FM 27-10that index remains a useful tool for navigating the law of land warfare field manual and pre-1956 treaty law. This index is a work in progress, and we welcome your suggestions for further refinements, corrections, and additions.


## A Abuse/Misuse

|                                                                                              |     |                                                |     |      |                                                                          | - Cultural objects, places of worship AP I, art. 53(b); AP II, art. 16         |
|----------------------------------------------------------------------------------------------|-----|------------------------------------------------|-----|------|--------------------------------------------------------------------------|--------------------------------------------------------------------------------|
| - Cultural property emblem AP I, arts. 38(1), 85(3); 1954 Cultural Property                  |     |                                                |     |      |                                                                          |                                                                                |
| Convention, arts. 16-17                                                                      |     |                                                |     |      |                                                                          |                                                                                |
|                                                                                              |     |                                                |     |      |                                                                          | - Emblems/flags/uniforms of neutrals/enemy Hague IV, art. 23(f); AP I, art. 39 |
| - Flags of truce Hague IV, art. 23(f); AP I, arts. 37, 38, 85(3);                            |     |                                                |     |      |                                                                          |                                                                                |
| Rome Statute, art. 8.2                                                                       |     |                                                |     |      |                                                                          |                                                                                |
|                                                                                              |     |                                                |     |      | - Installations containing dangerous forces emblem AP I, arts. 38, 85(3) |                                                                                |
| - Medical aircraft GC I, arts. 36, 37; GC II, arts. 39, 40; GC IV,                           |     |                                                |     |      |                                                                          |                                                                                |
| art. 22; AP I, arts. 27(2), 28, 30, 31, 39                                                   |     |                                                |     |      |                                                                          |                                                                                |
| - Presence of POWs, civilians, medical units GC III, art. 23(1); GC IV, art. 28; AP I, arts. |     |                                                |     |      |                                                                          |                                                                                |
| 12(4), 51(7)                                                                                 |     |                                                |     |      |                                                                          |                                                                                |
| - Protected status Hague IV, art. 27; GC I, art. 21; GC II, art. 34;                         |     |                                                |     |      |                                                                          |                                                                                |
|                                                                                              |     | GC IV, art. 19; AP I, arts. 13, 23(3), 28, 56, |     |      |                                                                          |                                                                                |
| 59(7), 60(7); AP II, art. 11                                                                 |     |                                                |     |      |                                                                          |                                                                                |

## Access

|                                                                                          |    |     |     |     |     |     |
|------------------------------------------------------------------------------------------|----|-----|-----|-----|-----|-----|
|                                                                                          |    |     |     |     |     |     |
|                                                                                          |    |     |     |     |     |     |
|                                                                                          |    |     |     |     |     |     |
| - Civilian medical personnel AP I, art. 15(4)                                            |    |     |     |     |     |     |
| - Delegates of ICRC/protecting powers GC III, art. 126; GC IV, art. 143                  |    |     |     |     |     |     |
| - Grave sites AP I, art. 34(2)                                                           |    |     |     |     |     |     |
| - Neutral observers GC II, art. 38(2)                                                    |    |     |     |     |     |     |
| - Retained persons to camp authorities GC I, art. 28(2); GC II, art. 37(3); GC III, art. |    |     |     |     |     |     |
| 33(2)                                                                                    |    |     |     |     |     |     |
| Accidents                                                                                |    |     |     |     |     |     |
| - Occupational, claims and compensation GC III, arts. 54, 68(1); GC IV, arts. 40(3),     |    |     |     |     |     |     |
| 51(3), 95(4)                                                                             |    |     |     |     |     |     |

## Accused


- Notification of charges ........ GC III, art. 105(4); GC IV, art. 71(2); AP I,



arts. 45, 75(3), 75(4)

- Grave breaches........ GC I, art. 49(4); GC II, art. 50(4); GC III, arts.



129(4), 150(4); GC IV, art. 146(4); AP I, art. 85(1)


## - Rights

| - Appeal GC III, art. 106; GC IV, art. 73; AP I, art.                     |     |     |     |     |      |                                                      |      |
|---------------------------------------------------------------------------|-----|-----|-----|-----|------|------------------------------------------------------|------|
| 75(4); AP II, art. 6                                                      |     |     |     |     |      |                                                      |      |
| - Defense GC III, art. 105; GC IV, art. 72; AP I, art.                    |     |     |     |     |      |                                                      |      |
| 75(4); AP II, art. 6                                                      |     |     |     |     |      |                                                      |      |
|                                                                           |     |     |     |     |      | - Impartial tribunal AP I, art. 75(4); AP II, art. 6 |      |
| - Internal armed conflict GC I, art. 3(1); GC II, art. 3(1); GC III, art. |     |     |     |     |      |                                                      |      |
| 3(1); GC IV, art. 3(1); AP II, art. 6                                     |     |     |     |     |      |                                                      |      |
| - Persons charged with grave breaches GC I, art. 49(4); GC II, art. 50(4); GC III, art.     |     |     |                                                |     |      |     |                                                              |
|---------------------------------------------------------------------------------------------|-----|-----|------------------------------------------------|-----|------|-----|--------------------------------------------------------------|
|                                                                                             |     |     | 129(4); GC IV, art. 146(4); AP I, arts. 85(1), |     |      |     |                                                              |
| 85(4)                                                                                       |     |     |                                                |     |      |     |                                                              |
|                                                                                             |     |     |                                                |     |      |     | - Protected persons in occupied territory GC IV, arts. 71-76 |
| - Spies Hague IV, art. 30; GC IV, art. 5; AP I, arts.                                       |     |     |                                                |     |      |     |                                                              |
| 45(3), 75                                                                                   |     |     |                                                |     |      |     |                                                              |

## Aggression



|                                         |     |     |     |     | - Defined UNGA Resolution 3314   |      |
|-----------------------------------------|-----|-----|-----|-----|----------------------------------|------|
| - ICC jurisdiction Rome Statute, art. 5 |     |     |     |     |                                  |      |

## Agreements

|                                                                                                     |                                                 |     |     |            |
|-----------------------------------------------------------------------------------------------------|-------------------------------------------------|-----|-----|------------|
|                                                                                                     |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| - Armistice Hague IV, arts. 36-41                                                                   |                                                 |     |     |            |
| - Capitulation Hague IV, art. 35                                                                    |                                                 |     |     |            |
| - International, binding on parties AP I, arts. 2, 49(4)                                            |                                                 |     |     |            |
| - May not derogate from rights of protected persons GC I, art. 6; GC II, art. 6; GC III, art. 6; GC |                                                 |     |     |            |
| IV, arts. 7, 47                                                                                     |                                                 |     |     |            |
| - Medical aircraft GC I, arts. 36-37; GC II, arts. 39-40;  GC IV,                                   |                                                 |     |     |            |
| art. 22; AP I, arts. 25-29, 31, Annex I art. 12                                                     |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| - Posted in POW/internment camps GC III, art. 41;  GC IV, art. 99(2)                                |                                                 |     |     |            |
| - Repatriation GC III, art. 119;  GC IV, arts. 36, 132, 134-35                                      |                                                 |     |     |            |
| - Special protection localities/zones GC I, art. 23, Annex I;  GC IV, arts. 14-15,                  |                                                 |     |     |            |
| Annex I; AP I, arts. 59-60                                                                          |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| Aircraft GC IV, art. 22                                                                             |                                                 |     |     |            |
| - Civil, crew members GC I, art. 13(5); GC II, art. 13(5); GC III, art.                             |                                                 |     |     |            |
| 4A(5)                                                                                               |                                                 |     |     |            |
| - Military, civilian crew members GC I, art. 13(4); GC II, art. 13(4); GC III, art.                 |                                                 |     |     |            |
| 4A(4)                                                                                               |                                                 |     |     |            |
| - Medical aircraft GC I, arts. 36-37; GC II, arts. 39-40;  GC IV,                                   |                                                 |     |     |            |
|                                                                                                     | art. 22; AP I, arts. 24-31, Annex I, arts. 5-6, |     |     |            |
| 12-13                                                                                               |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| - Shipwrecked GC II, art. 12; AP I, art. 8                                                          |                                                 |     |     |            |
| Airmen                                                                                              |                                                 |     |     |            |
| - Parachuting AP I, art. 42                                                                         |                                                 |     |     |            |
| Air Raid                                                                                            |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| - POWs/internees, protection GC III, art. 23;  GC IV, art. 88                                       |                                                 |     |     |            |
| Aliens                                                                                              |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     |            |
| - Non-repatriated persons, rights GC IV, art. 38                                                    |                                                 |     |     |            |
| - Occupied territory GC IV, arts. 48, 70; AP I, art. 73                                             |                                                 |     |     |            |
| - Territory of party to conflict GC IV, arts. 35-46; AP I, art. 73                                  |                                                 |     |     |            |
|                                                                                                     |                                                 |     |     | Ammunition |
| see                                                                                                 |                                                 |     |     |            |
| Weapons                                                                                             |                                                 |     |     |            |
| Amnesty                                                                                             |                                                 |     |     |            |
| - Internal armed conflict, participants AP II, art. 6(5)                                            |                                                 |     |     |            |
| Annexation of Occupied Territory GC IV, art. 47                                                     |                                                 |     |     |            |

## Appeal, Administrative/Penal Sanctions

| - Convicted persons GC III, arts. 106-07;  GC IV, art. 73, AP I, art.    |     |     |     |     |                                                                           |
|--------------------------------------------------------------------------|-----|-----|-----|-----|---------------------------------------------------------------------------|
| 75(4); AP II, art. 6(3)                                                  |     |     |     |     |                                                                           |
|                                                                          |     |     |     |     |                                                                           |
|                                                                          |     |     |     |     |                                                                           |
| - Internees GC IV, art. 126                                              |     |     |     |     |                                                                           |
| - Periods allowed GC III, art. 105(3);  GC IV, arts. 74(2), 126          |     |     |     |     |                                                                           |
| - Protected persons GC IV, art. 78                                       |     |     |     |     |                                                                           |
|                                                                          |     |     |     |     | Appropriation of Property GC I, art. 50; GC II, art. 51;  GC IV, art. 147 |
| Armed Conflict                                                           |     |     |     |     |                                                                           |



|                                                                                                |    |     |                                               |     |                                                               |                                                                     |     | - Colonial domination and racists regimes AP I, arts. 1(4), 96(3)    |
|------------------------------------------------------------------------------------------------|----|-----|-----------------------------------------------|-----|---------------------------------------------------------------|---------------------------------------------------------------------|-----|----------------------------------------------------------------------|
| - International GC I, art. 2; GC II, art. 2; GC III, art. 2;  GC                               |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| IV, art. 2; AP I, art. 1(3)                                                                    |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| - Non-international (internal) GC I, art. 3; GC II, art. 3; GC III, art. 3;  GC                |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| IV, art. 3; AP II, art. 1                                                                      |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| Armed Forces                                                                                   |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
|                                                                                                |    |     |                                               |     | - Combatants/noncombatants Hague IV, art. 3; AP I, art. 43(2) |                                                                     |     |                                                                      |
| - Compulsory service of POWs/protected persons Hague IV, art. 23(h); GC III, art. 130;  GC IV, |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| arts. 51(1), 147;  Rome Statute, art. 8.2                                                      |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
|                                                                                                |    |     |                                               |     | - Definition AP I, art. 43(1)                                 |                                                                     |     |                                                                      |
| - Levee en masse Hague IV, art. 2; GC I, art. 13(6); GC II, art.                               |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| 13(6); GC III, art. 4A(6); AP I, art. 44(6)                                                    |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
|                                                                                                |    |     |                                               |     |                                                               | - Regular armed forces GC III, arts. 4A(1), 4A(3); AP I, art. 43(1) |     |                                                                      |
| - Members of crews GC I, art. 13(5); GC II, art. 13(5); GC III, art.                           |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| 4A(5)                                                                                          |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| - Militias/volunteer corps Hague IV, art. 1; GC I, arts. 13(1)-(2); GC II,                     |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| arts. 13(1)-(2); GC III, arts. 4A(1)-(2)                                                       |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
|                                                                                                |    |     |                                               |     |                                                               | - Paramilitary/law enforcement AP I, art. 43(3)                     |     |                                                                      |
| - Persons accompanying the force Hague IV, art. 13; GC I, art. 13(4); GC II, art.              |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
|                                                                                                |    |     | 13(4); GC III, art. 4A(4); AP I, arts. 22(1), |     |                                                               |                                                                     |     |                                                                      |
| 23(6), 44(6), 50(1)-(2); DoDD 2311.01E                                                         |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| - Organized resistance movements GC I, art. 13(2); GC II, art. 13(2); GC III, art.             |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| 4A(2)                                                                                          |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |
| - Status in doubt GC III, art. 5; AP I, art. 45(1)                                             |    |     |                                               |     |                                                               |                                                                     |     |                                                                      |

## Armistice



- Cessation of hostilities ........ Hague IV, art. 36; GC I, art. 15 - Definition ........ Hague IV, art. 37 - Denunciation ........ Hague IV, art. 40 - POWs, release/repatriation........ Hague IV, art. 20; GC III, arts. 118 - Resumption of hostilities........ Hague IV, arts. 36, 40


Armlet ........ *see* Emblems Arms........ *see* Weapons Arrest


- ICC ........ ROME Statute, arts. 89-92 - Internees ........ GC IV, arts. 118, 119(4); AP I, arts. 11, 75(3),



75(6), 76(2), 77(4)

| - Protected persons GC IV, arts. 70, 136(2), 70(2); AP I, arts. 73,    |     |     |     |                                   |      |
|------------------------------------------------------------------------|-----|-----|-----|-----------------------------------|------|
| 45(3), 73                                                              |     |     |     |                                   |      |
| - POWs GC III, arts. 21, 89(4), 95                                     |     |     |     |                                   |      |
| Assassination Hague IV, art. 23(g); AP I, art. 37(1); EO               |     |     |     |                                   |      |
| 12333, secs 2.11 and 3.4                                               |     |     |     |                                   |      |
|                                                                        |     |     |     | Assigned Residence GC IV, art. 41 |      |
| Attacks                                                                |     |     |     |                                   |      |



| - Bombardment Hague IV, arts. 26-27; AP I, arts. 51(5), 57;                  |     |     |     |     |      |                                                                   |
|------------------------------------------------------------------------------|-----|-----|-----|-----|------|-------------------------------------------------------------------|
| AP II, art. 13                                                               |     |     |     |     |      |                                                                   |
|                                                                              |     |     |     |     |      | - Civilian objects AP I, arts. 52, 85(3);  Rome Statute, art. 8.2 |
| - Civilian population AP I, arts. 51(2), 51(5), 57-58, 85(3); AP II,         |     |     |     |     |      |                                                                   |
| art. 13; Rome Statute, art. 8.2                                              |     |     |     |     |      |                                                                   |
| - Cultural/religious objects Hague IV, art. 27, AP I, arts. 52-53, 85(4); AP |     |     |     |     |      |                                                                   |
| II, art. 16; 1954 Cultural Property Convention                               |     |     |     |     |      |                                                                   |
|                                                                              |     |     |     |     |      |                                                                   |
|                                                                              |     |     |     |     |      |                                                                   |
| - Definition AP I, art. 49(1)                                                |     |     |     |     |      |                                                                   |
| - Indiscriminate AP I, arts. 51(4), 51(5), 85(3)                             |     |     |     |     |      |                                                                   |
| - Medical                                                                    |     |     |     |     |      |                                                                   |


| - Aircraft GC I, arts. 35-36; GC II, arts. 39-40;  GC IV,           |     |                                                |     |     |      |
|---------------------------------------------------------------------|-----|------------------------------------------------|-----|-----|------|
| art. 22; AP I, arts. 24-28, 31(2)                                   |     |                                                |     |     |      |
| - Hospitals Hague IV, art. 27; GC I, art. 19; GC II, art. 23;       |     |                                                |     |     |      |
|                                                                     |     | GC IV, art. 18(1);AP I, arts, 8(e), 12; AP II, |     |     |      |
| art.                                                                |     |                                                |     |     |      |
| - Land transports GC I, art. 35(1);  GC IV, art. 21; AP I, art. 21; |     |                                                |     |     |      |
| AP II, art. 11                                                      |     |                                                |     |     |      |
| - Ships GC I, art. 20; GC II, arts. 22, 24-27, 38;  GC              |     |                                                |     |     |      |
| IV, art. 21; AP I, arts. 22-23; AP II, art. 11                      |     |                                                |     |     |      |
|                                                                     |     |                                                |     |     |      |

- Objects indispensable to survival of population ........ AP I, art. 54; AP II, art. 14 - Persons hors de combat........ Hague IV, art. 23(c); GC I, arts. 3, 12; GC II,

|                                                    |                                                  |     |     |      |
|----------------------------------------------------|--------------------------------------------------|-----|-----|------|
|                                                    | arts. 3,12;  GC IV, arts. 3, 13;  GC IV, art. 3; |     |     |      |
| AP I, arts. 10, 41, 85(3); AP II, arts. 4(1), 7(1) |                                                  |     |     |      |
|                                                    |                                                  |     |     |      |
|                                                    |                                                  |     |     |      |

- Precautions........ AP I, art. 57 - Schools ........ AP I, art. 52(3)
- Shields against, protected persons or objects........ GC I, art. 19;  GC IV, art. 28; AP I, arts. 12(4),

|                                                                                         |     |     |     |      |
|-----------------------------------------------------------------------------------------|-----|-----|-----|------|
| 28(1), 37(1), 51(7)                                                                     |     |     |     |      |
| - Undefended places/demilitarized zones Hague IV, art. 25;  GC IV, art. 15; AP I, arts. |     |     |     |      |
| 59-60, 85(3)                                                                            |     |     |     |      |



- Warning........ Hague IV, art. 26; AP I, art. 57(2) - Works/installations containing dangerous forces........ AP I, arts. 56, 85(3); AP II, art. 15



## B

|                                                           |     |     |     |     |
|-----------------------------------------------------------|-----|-----|-----|-----|
|                                                           |     |     |     |     |
|                                                           |     |     |     |     |
| Bacteriological Warfare                                   |     |     |     |     |
| see                                                       |     |     |     |     |
| Weapons                                                   |     |     |     |     |
| Belligerents, defined Hague IV, arts. 1-3; GC III, art. 4 |     |     |     |     |
| Besieged Places FM 27-10, par. 44-46, Hague IV, art. 27   |     |     |     |     |
| Blockade GC IV, art. 23; AP I, arts. 70-71; AP II, art.   |     |     |     |     |
| 18(2)                                                     |     |     |     |     |
| - Reprisals GC IV, art. 33; AP I, art. 52(1)       |      |     |     |     |     |      |
|----------------------------------------------------|------|-----|-----|-----|-----|------|
| Civilians GC; AP I, arts. 48-79; AP II, arts. 4-18 |      |     |     |     |     |      |


|                                                                              |                                               |     |                                              |      |                                          |     |
|------------------------------------------------------------------------------|-----------------------------------------------|-----|----------------------------------------------|------|------------------------------------------|-----|
| - Attacks                                                                    |                                               |     |                                              |      |                                          |     |
| - Coercion GC IV, art. 31; AP I, art. 75(2)                                  |                                               |     |                                              |      |                                          |     |
| - Collective punishment Hague IV, art. 50;  GC IV, art. 33; AP I, arts.      |                                               |     |                                              |      |                                          |     |
| 50, 75(2), 75(4); AP II, art. 4(2)                                           |                                               |     |                                              |      |                                          |     |
| - Direct attack,  prohibited Hague IV, art. 25;  GC IV, art. 28; AP I, arts. |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     | 51(2)-(3); AP II, art. 13; CCW Protocol III, |      |                                          |     |
| art. 2; Rome Statute, art. 8.2                                               |                                               |     |                                              |      |                                          |     |
| - Discrimination prohibited GC I, art. 3; GC II, art. 3; GC III, art. 3;  GC |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      |                                          |     |
| IV, arts. 3, 13, 27; AP I, arts. 9(1), 10(2),                                |                                               |     |                                              |      |                                          |     |
| 70(1), 73, 75(1), 85(4); AP II, arts. 2(1), 4(1),                            |                                               |     |                                              |      |                                          |     |
| 7(2)                                                                         |                                               |     |                                              |      |                                          |     |
| - Espionage Hague IV, arts. 29-30;  GC IV, arts. 5, 68(2);                   |                                               |     |                                              |      |                                          |     |
| AP I, art. 45(3)                                                             |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      | - General protections GC IV, arts. 13-26 |     |
| - Hostages GC I, art. 3(1); GC II, art. 3(1); GC III, art.                   |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      |                                          |     |
| 3(1);  GC IV, arts. 3(1), 5(3), 27(1), 100,                                  |                                               |     |                                              |      |                                          |     |
| 127(1); AP I, art. 75(1); AP II, arts. 4(1), 5(3),                           |                                               |     |                                              |      |                                          |     |
| 7(2); Rome Statute, art. 8.2                                                 |                                               |     |                                              |      |                                          |     |
| - Humane treatment GC I, art. 3(1); GC II, art. 3(1); GC III, art.           |                                               |     |                                              |      |                                          |     |
|                                                                              | 3(1);  GC IV, arts. 3(1), 34, 147; AP I, art. |     |                                              |      |                                          |     |
| 75(2); AP II, art. 4(2)                                                      |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      |                                          |     |
|                                                                              |                                               |     |                                              |      |                                          |     |
| - Incendiary weapons CCW Protocol III, art. 2                                |                                               |     |                                              |      |                                          |     |
| - Indiscriminate attacks prohibited AP I, arts. 51(4)-(5)                    |                                               |     |                                              |      |                                          |     |
| - Internees GC IV, arts. 79-135; AP I, arts. 75-77; AP II,                   |                                               |     |                                              |      |                                          |     |
| arts. 4-6                                                                    |                                               |     |                                              |      |                                          |     |



- Journalists........ AP I, art. 79, Annex II - Levee en masse........ Hague IV, art. 2; GC I, art. 13(6); GC II, art.

|                                                                                   |     |     |                                               |      |                                     |
|-----------------------------------------------------------------------------------|-----|-----|-----------------------------------------------|------|-------------------------------------|
| 13(6); GC III, art. 4A(6); AP I, art. 44(6)                                       |     |     |                                               |      |                                     |
|                                                                                   |     |     |                                               |      | - Loss of protections GC IV, art. 5 |
| - Martens Clause Hague IV, preamble;  GC IV, art. 158(4); AP I,                   |     |     |                                               |      |                                     |
| art. 1(2)                                                                         |     |     |                                               |      |                                     |
| - Participation in hostilities GC IV, art. 5; AP I, arts. 45, 51(3); AP II, art.  |     |     |                                               |      |                                     |
| 13(3)                                                                             |     |     |                                               |      |                                     |
| - Persons accompanying the force Hague IV, art. 13; GC I, art. 13(4); GC II, art. |     |     |                                               |      |                                     |
|                                                                                   |     |     | 13(4); GC III, art. 4A(4); AP I, arts. 22(1), |      |                                     |
| 23(6), 44(6), 50(1)-(2); DODD 2311.01E                                            |     |     |                                               |      |                                     |



- Precautions in the attack........ Hague IV, art. 27(2);  GC IV, arts. 14-15,

|                                            |    | 18(3)-(5), 20(2)-(3), 21, 28, 83, 88, Annex I art.    |     |
|--------------------------------------------|----|-------------------------------------------------------|-----|
| 6; AP I, arts. 12(3)-(4), 18, 51(7), 57-60 |    |                                                       |     |

- Protected persons

|                                           |     |     |     |     | - Definition GC IV, art. 4   |      |
|-------------------------------------------|-----|-----|-----|-----|------------------------------|------|
| - Status and treatment GC IV, arts. 27-78 |     |     |     |     |                              |      |



- Refugees........ GC IV, arts. 4, 44, 70; AP I, art. 73 - Reprisals prohibited........ GC IV, art. 33; AP I, arts. 20, 51(6)



- Shields, use as ........ GC IV, art. 28; AP I, art. 51(7); Rome Statute,



art. 8.2


## Claims



| - POWs FM 27-10, pars. 130, 144; GC III, arts. 54,    |     |     |
|-------------------------------------------------------|-----|-----|
| 68(1);  GC IV, arts. 40(3), 51(3), 95(4)              |     |     |

## Coercion

|                                                                   |     |     |     |      |     |
|-------------------------------------------------------------------|-----|-----|-----|------|-----|
|                                                                   |     |     |     |      |     |
| - Civilians GC IV, art. 31; AP I, art. 11(3), 75(2)               |     |     |     |      |     |
| - Judges and public officials FM 27-10, par. 422;  GC IV, art. 54 |     |     |     |      |     |
| - POWs FM 27-10, par. 17, 93, 99, 175, 270; GC III,               |     |     |     |      |     |
| arts. 17(4), 99(2); AP I, art. 11(3)                              |     |     |     |      |     |
| - Treaty formation Vienna Convention on Law of Treaties, arts.    |     |     |     |      |     |
| 51, 52                                                            |     |     |     |      |     |

## Collective Punishment



| - Civilians Hague IV, art. 50;  GC IV, art. 33; AP I, arts.    |     |     |     |     |     |
|----------------------------------------------------------------|-----|-----|-----|-----|-----|
| 75(2), 75(4); AP II, art. 4(2)                                 |     |     |     |     |     |
| - POWs FM 27-10, pars. 163, 272, 448, 497; GC III,             |     |     |     |     |     |
| art. 87                                                        |     |     |     |     |     |

## Combatants



|                                                                                        |     |     |     |                                               |                                                  | - Definition AP I, art. 43(2)   |      |
|----------------------------------------------------------------------------------------|-----|-----|-----|-----------------------------------------------|--------------------------------------------------|---------------------------------|------|
| - Distinction from civilian population Hague IV, art. 1; GC I, art. 13(2); GC II, art. |     |     |     |                                               |                                                  |                                 |      |
| 13(2); GC III, art. 4A(2); AP I, art. 44(3)                                            |     |     |     |                                               |                                                  |                                 |      |
| - Hors de combat Hague IV, art. 23(c); GC I, arts. 3(1), 12, 15;                       |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               | GC II, arts. 3(1), 12, 18; GC III, art. 3(1); AP |                                 |      |
| I, arts. 10, 41, 44(8); AP II, arts. 4(1), 7                                           |     |     |     |                                               |                                                  |                                 |      |
| - Levee en masse Hague IV, art. 2; GC I, art. 13(6); GC II, art.                       |     |     |     |                                               |                                                  |                                 |      |
| 13(6); GC III, art. 4A(6); AP I, art. 44(6)                                            |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               | - Paramilitary/law enforcement AP I, art. 43(3)  |                                 |      |
| - Privileged Hague IV, arts. 1-3; GC I, art. 13; GC II, art.                           |     |     |     |                                               |                                                  |                                 |      |
| 13; GC III, art. 4; AP I, arts. 43-44                                                  |     |     |     |                                               |                                                  |                                 |      |
| - Unprivileged AP I, arts. 46, 47, 51(3)                                               |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               | Command AP I, art. 43(1); AP II, art. 1(1)       |                                 |      |
| Commander                                                                              |     |     |     |                                               |                                                  |                                 |      |
| - Duties                                                                               |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               |                                                  |                                 |      |
| - Ensure subordinates aware of LOW obligations AP I, art. 87(2)                        |     |     |     |                                               |                                                  |                                 |      |
| - Prevent/report breaches AP I, arts. 86-87                                            |     |     |     |                                               |                                                  |                                 |      |
| - Warn prior to attack Hague IV, art. 26; AP I, art. 57(2)                             |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     |                                               |                                                  |                                 |      |
| - Internment camps GC IV, arts. 96, 99(1), 123(1), 123(5)                              |     |     |     |                                               |                                                  |                                 |      |
| - Legal adviser available AP I, art. 82                                                |     |     |     |                                               |                                                  |                                 |      |
| - POW camps GC III, arts. 39, 56(2), 96(2), 96(5)                                      |     |     |     |                                               |                                                  |                                 |      |
| - Responsibility for subordinates Hague IV, art. 1; GC I, art. 13(2); GC II, art.      |     |     |     |                                               |                                                  |                                 |      |
|                                                                                        |     |     |     | 13(2); GC III, art. 4A(2); AP I, arts. 86-87; |                                                  |                                 |      |
| Rome Statute, art. 28                                                                  |     |     |     |                                               |                                                  |                                 |      |

Compensation


|                                     |     |     |     |     | - Requisitioned property/services Hague IV, art. 52;  GC IV, art. 55(2)   |      |
|-------------------------------------|-----|-----|-----|-----|---------------------------------------------------------------------------|------|
| - Seized property Hague IV, art. 53 |     |     |     |     |                                                                           |      |

## Compulsion



|                                                                        |     |     |     |     |
|------------------------------------------------------------------------|-----|-----|-----|-----|
|                                                                        |     |     |     |     |
|                                                                        |     |     |     |     |
| - POW and labor GC III, sec III                                        |     |     |     |     |
| - POW to accept parole GC III, art. 21                                 |     |     |     |     |
| - Protected persons GC IV, art. 51, Hague IV, art. 44, 45              |     |     |     |     |
| - Moral/physical to obtain information GC III, art. 17, GC IV, art. 31 |     |     |     |     |
|                                                                        |     |     |     |     |



Confiscation ........ *see* Property Conflict, not of an international character........ *see* Internal Armed Conflict Conventions

-Application of


- Beginning........ GC I, art. 5; GC II, art. 4; GC III, art. 5(1);



GC IV, art. 4; AP I, art. 3; AP II, art. 2



- Scope........ Hague IV, art. 2; GC I, arts. 2, 45; GC II, arts.



2, 46; GC III, arts. 2, 126; GC IV, arts. 2, 142; AP I, arts. 1(3), 4, 80-81; AP II, arts. 1-2



- Termination........ GC I, art. 5; GC III, art. 5;  GC IV, art. 6; AP



I, art. 3


Contact Zone ........ AP I, art. 26 Contracting Parties



- Handing over persons who commit grave breaches....... GC I, art. 49; GC III art. 129; GC IV, art. 146,



AP I, art. 5


- Mutual communications........ GC I, art. 48; GC III, art. 128; GC art. 145;



AP I art. 84


- Obligation to instruct on........ Hague IV, art. 1; GC I art. 47; GC III art. 127;



GC art. 156; AP I arts 6, 80, 83



- Respect for conventions ........ GC I/GC III/GC AP I, art. 1


Contractors, status of accompanying force, ........ Hague IV, art. 13; GC I art. 13(4); GC III art.



4(a)(4)

Conviction



- Conditions for validity ........ GC III arts. 3, 84, 85, 87, 99; GC IV, art. 3, 71,



72, 115, 126, 146


- of POWs ........ GC III, art. 119
- of Protected persons ........ GC IV, art. 70 - Treatment of detainees ........ GC IV, arts. 76, 115, 126; AP II art. 5



Corpse ........ *see* Deceased Persons Correspondence........ GC III art. 71; GC IV, art. 107; AP II art. 5



- Censorship


- of POWs/internees ........ GC III, arts. 71(1), 76;  GC IV, art. 112(1) - of retained chaplains ........ GC III, art. 35


Counterintelligence ........ EO 12333, secs. 1.11(2) and 1.12(1) (d) Courts ........ *see* Judicial Process Cremation........ *see* Deceased Persons Crimes


- Grave breaches ........ GC I, art. 50; GC III, art. 130; GC IV, art. 147;



AP I, arts. 11, 85-86


- Offences against ordinary criminal law........ GC IV, art. 70

|                                                                            |                                |                                                  |                                                     |                                                 |    | Herbicides EO 11850   |      |
|----------------------------------------------------------------------------|--------------------------------|--------------------------------------------------|-----------------------------------------------------|-------------------------------------------------|----|-----------------------|------|
| Historic Monuments Hague IV, art. 27; 1954 Cultural Property               |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                | Convention; AP I, arts. 85 (4)(d), 52(1), 52(3), |                                                     |                                                 |    |                       |      |
| 53, 85(4)(d); AP II, art. 16                                               |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hors de Combat Hague IV, art. 23(c) ; AP I, arts. 41, 85.3(e);             |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  | GC I, art. 3 (1); GC II, art. 3 (1); GC III, art. 3 |                                                 |    |                       |      |
| (1);  GC IV, art. 3 (1); Rome Statute, art. 8.2(c)                         |                                |                                                  |                                                     |                                                 |    |                       |      |
| - Cessation of protection AP I, art. 65.2(c)                               |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hospitals FM 27-10, pars. 209, 224, 253, 260, 544; GC                      |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
| IV, arts. 18, 19, 56, 57, Annex I, arts 2, 4, 6, 11;                       |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hague IV, art. 27; GC III, art. 33 (a) ; GC IV,                            |                                |                                                  |                                                     |                                                 |    |                       |      |
| art. 18(5); API, art. 12(4)                                                |                                |                                                  |                                                     |                                                 |    |                       |      |
| - Personnel/staff GC I, arts. 24, 25, 40, 41; GC IV, art. 20; AP           |                                |                                                  |                                                     |                                                 |    |                       |      |
| I, art. 15(1), 18(3); AP II, arts. 9, 12                                   |                                |                                                  |                                                     |                                                 |    |                       |      |
| - Loss of protection Hague IV, art. 27; GC I, art. 21; GC IV, art.         |                                |                                                  |                                                     |                                                 |    |                       |      |
| 19; AP I, art. 13; AP II, art. 11(2)                                       |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hostages, taking of FM 27-10, pars. 11, 273, 497; GC IV, arts. 34;         |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     | AP I, art. 75.2 (c); AP II, art. 4.2(c); Rome   |    |                       |      |
| Statute, art. 8.2(a)(viii)                                                 |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hostilities FM 27-10, pars. 20-59; Hague III; Hague IV,                    |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
| Section II;  GC IV, art. 6; GC I, art. 26; GC                              |                                |                                                  |                                                     |                                                 |    |                       |      |
| III, arts. 21, 43, 58, 67, 109, 111; AP I, art. 45                         |                                |                                                  |                                                     |                                                 |    |                       |      |
| and Part IV                                                                |                                |                                                  |                                                     |                                                 |    |                       |      |
| - End of hostilities GC I, art. 17; GC III, art. 118                       |                                |                                                  |                                                     |                                                 |    |                       |      |
| Human Rights UN Charter Preamble, arts. 1.3, 13.1, 55, 62.2;               |                                |                                                  |                                                     |                                                 |    |                       |      |
| AP I, art. 72; AP II, Preamble                                             |                                |                                                  |                                                     |                                                 |    |                       |      |
| Humane Treatment Hague IV, art. 4(2); GC I, arts. 3(1), 12; GC             |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
| II, arts. 3(1), 12; GC III, arts. 3(1), 13; GC III,                        |                                |                                                  |                                                     |                                                 |    |                       |      |
| arts. 3(1), 5(3), 27(1), 100, 127(1); AP I, arts.                          |                                |                                                  |                                                     |                                                 |    |                       |      |
| 10(2), 75; AP II, art. 4; Torture Convention,                              |                                |                                                  |                                                     |                                                 |    |                       |      |
| art. 16                                                                    |                                |                                                  |                                                     |                                                 |    |                       |      |
| Humanitarian Activities GC I, arts. 9, 22; GC II, art. 9; GC III, arts. 9, |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            | 123;  GC IV, arts. 10, 63, 140 |                                                  |                                                     |                                                 |    |                       |      |
| Humanity FM 27-10, par. 6; GC I, art. 63(4); GC II, art.                   |                                |                                                  |                                                     |                                                 |    |                       |      |
|                                                                            |                                |                                                  |                                                     | 62(4); GC III, art. 142(4); GC IV, art. 158(4); |    |                       |      |
| AP I, art. 1(2)                                                            |                                |                                                  |                                                     |                                                 |    |                       |      |
| Hygiene GC III, Chap. III; GC IV, Chap. IV                                 |                                |                                                  |                                                     |                                                 |    |                       |      |

## I

| Imprisonment GC III, arts. 68(1), 71(2), 87(3), 103;  GC IV,    |     |     |                                                    |                                                        |
|-----------------------------------------------------------------|-----|-----|----------------------------------------------------|--------------------------------------------------------|
|                                                                 |     |     | arts. 68(1), 69, 118(2); AP I, art. 33(2) ; AP II, |                                                        |
| art. 5                                                          |     |     |                                                    |                                                        |
|                                                                 |     |     |                                                    | Indiscriminate Attacks AP I, arts. 51(4), 51(5), 85(3) |
| Inhabitants Hague IV, art. 50; GC I, art. 13(6); GC II, art.    |     |     |                                                    |                                                        |
| 13(6); GC III, art. 4(6); GC IV, art. 33,                       |     |     |                                                    |                                                        |
| Insignia                                                        |     |     |                                                    |                                                        |
| see                                                             |     |     |                                                    |                                                        |
| Emblems                                                         |     |     |                                                    |                                                        |
|                                                                 |     |     |                                                    |                                                        |
|                                                                 |     |     |                                                    |                                                        |



Methods and Means of Warfare........ Hague IV, arts. 22-28, 32-41; AP I, arts. 35-47 Military Necessity........ FM 27-10, par. 3(a) ; Hague IV, art. 15; GC I,



arts. 8, 33 50; GC II, art. 8, 51; GC III, art. 126;  GC IV, arts. 108 147

Military Objective(s), defined........ CCW Protocol II, art. 2(4); CCW Amended



Protocol II, art. 2(6); CCW Protocol III, art.
1(4)

Military Occupation........ *see* Occupation

## N

|                                                                                             |    |    |                                                |    |                                 |    |    |    | Nationality    |                                                                    |
|---------------------------------------------------------------------------------------------|----|----|------------------------------------------------|----|---------------------------------|----|----|----|----------------|--------------------------------------------------------------------|
| - Adverse distinction based on GC I, art. 12; GC II, art. 12; GC III, art. 16;              |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| GC IV, art. 13; AP I, art. 9(1)                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Badges of nationality                                                                     |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    | - Wearing of GC III, art. 18(3) |    |    |    |                |                                                                    |
| - Right to retain GC III, art. 40                                                           |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Breaches against a parties own nationals                                                  |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                | - May be grave breaches GC I, art. 50; GC II, 51; AP I, art. 85(3) |
| - Not grave breaches GC IV, arts. 4, 147; AP I, art. 11(4)                                  |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Children, maintenance and education by                                                    |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Persons of the same nationality GC IV, art. 50(3)                                         |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Credit balance of canteen to GC III, art. 28(3), GC IV, art. 87(3)                        |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Emblems of Hague IV, art. 23(f)                                                           |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Employment of protected persons of enemy GC IV, art. 40(2)                                |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Exemption of postal charges of detainees GC IV, art. 110(2)                               |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Grave breaches, obligation to prosecute GC I, art. 49(2); GC II, art. 50(2); GC III, art. |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    | 129(2); GC IV, art. 146(2) ; AP I, art. 85(1), |    |                                 |    |    |    |                |                                                                    |
| art. 86(1)                                                                                  |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Graves GC I, art. 17(3)                                                                   |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Grouping in POW and Internment Camps GC III, art. 22(3); GC IV, art. 82(1)                |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Information communicated to bureau GC III, art. 138(1) ;  GC 78(3)                        |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - On internment card GC IV, Annex III                                                       |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Medical personnel of same nationality GC III, art. 30(3), 113, Annex I; GC IV art.        |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| 91(3)                                                                                       |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Officers of same nationality in labor camps GC III, art. 79(3)                            |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - of POW representatives GC III, art. 79(5)                                                 |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - of Sick, wounded, and shipwrecked GC I, art. 12(2); GC II, art. 12(2); AP I, art.         |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| 9(1)                                                                                        |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| - Equality of treatment GC I, art. 18(2); GC II, art. 30(1); AP I, art. 10                  |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
| National Law GC I, arts. 48, 49; GC II, arts. 49, 50; GC III,                               |    |    |                                                |    |                                 |    |    |    |                |                                                                    |
|                                                                                             |    |    |                                                |    |                                 |    |    |    |                |                                                                    |

arts. 128, 129; GC IV, arts. 145, 146; AP I, art. 16(3), 75(4), 84, 88; AP II, art. 6(2), 10(4)



National Red Cross, Red Crescent (Red Crystal) Societies


- Activity in occupied territory........ GC IV, arts. 25, 30, 39, 63


- Facilities for humanitarian action........ GC III, art. 125; GC IV, art. 142; AP I, art.



81(2)


- Hospital ships ........ GC II, arts. 24-27 - of Neutral countries........ GC I, arts. 27, 32
- Personnel ........ GC I, arts. 26-28,32, 40; GC II, arts. 24, 25, 36;



GC III, art. 33(2); AP I, art. 8(c)



- Retained........ GC I, art. 28; GC III, art. 33 - Role in aiding wounded, sick, and shipwrecked ........ GC I, art. 18; GC II, art. 21; AP I, arts. 17(1),



81

- Use of distinctive emblem........ GC I, arts. 40, 44; GC II, art. 44; AP I, arts. 8,



38(1), 85(3)(f); AP II, art. 12


Nationals (*see also* Nationality)



- Aliens in territory of a party to conflict........ GC IV, arts. 35-46 - of Co-belligerent state, etc........ GC IV, art. 4(2); AP I, art. 73 - of Third states not otherwise protected ........ AP I, art. 75


Neutrality ........ FM 27-10, Chapter 9; Hague V, arts. 5, 10, 17;



GC II, art. 21


Neutralization........ *see* Military Objectives Neutralization Zone........ GC IV, art. 15 Neutral Observers........ GC II, art. 31 Neutral Persons ........ Hague V, arts. 16-18;  GC IV, art. 4


- Belligerent acts........ Hague V, arts. 4, 6, 10, 17 - Definition ........ Hague V. art. 16 - Forfeiture of neutrality ........ Hague V art. 17 - Rights, duties and restrictions ........ Hague V. arts. 16-18 - Status as protected persons........ GC IV, art. 4


Neutral Ports........ GC II, art. 17 Neutral Power, Country or Territory........ (*see also* Neutrality)


- Accommodation ........ Hague V, arts. 11-14; GC I, art. 4; GC II, art. 5



- During hostilities and occupation. ........ GC III, arts. 4, 109, 110, 114-116, Annex I;


GC IV, arts. 24, 36, 132; AP I, art. 19



- Force used to enforce neutrality ........ Hague V, art. 10 - Violation of neutrality ........ Hague V, arts. 5, 10


Non-Combatant........ GC IV, art. 15(2); Hague IV, art. 3



- Feigning status of ........ AP I, art. 37(1)(c) - Members of armed forces........ AP I, art. 43(2)


Non-Defended Localities ........ AP I, art. 59 Non-International Armed Conflict........ AP II, Preamble


- Application of rules without adverse distinction........ GC I, II, III, IV, art. 3 par. 1; AP II, arts. 2(1),


4(1), 7(2), 18(2)


- Categories of ........ AP II, art. 1 - Civilian population protections ........ AP II, arts. 13-18 - Cultural objects and places of worship........ AP II, art. 16 - Dams, dykes, nuclear electrical engineering stations..... AP II, art. 15

## Property

|                                                                                             |    |     |     |     |     |     | - Aid societies GC I, art. 34   |      |
|---------------------------------------------------------------------------------------------|----|-----|-----|-----|-----|-----|---------------------------------|------|
| - Belonging to private persons, organizations Hague IV, arts. 27, 56; GC I, art. 50; GC II, |    |     |     |     |     |     |                                 |      |
| art. 51; GC IV, arts. 53, 147; AP I, art. 85(2)                                             |    |     |     |     |     |     |                                 |      |

- Booty of war........ Hague IV, art. 53; GC I, art. 33; GC III, art.

|                           |     |     |     |
|---------------------------|-----|-----|-----|
| 18(1), AP I, arts. 23, 67 |     |     |     |

- Confiscation

|                                                     |     |     |     |     |
|-----------------------------------------------------|-----|-----|-----|-----|
|                                                     |     |     |     |     |
| - of private property, prohibited Hague IV, art. 46 |     |     |     |     |
| - of state movable property Hague IV, art. 53       |     |     |     |     |
| - Receipt for GC III, art. 18;  GC IV, art. 97      |     |     |     |     |

- Cultural........ Hague IV, arts. 27, 56; AP I, arts. 38, 53, 85;

|                |     |     |     |      |
|----------------|-----|-----|-----|------|
| AP II, art. 16 |     |     |     |      |
|                |     |     |     |      |

- Occupied territory ........ Hague IV, art. 53, 56 - Protected by conventions,........ GC I, art. 50; GC II, art. 51; GC III, art. 130;

|                 |     |      |      |      |      |
|-----------------|-----|------|------|------|------|
| GC IV, art. 147 |     |      |      |      |      |
|                 |     |      |      |      |      |

- Respect for........ Hague IV, art. 46 - Seizure........ Hague IV, arts. 23(g), 46, 52, 53

|     |     |     |     |     |
|-----|-----|-----|-----|-----|

Protecting Powers........ GC I, art. 8; GC II, art. 8; GC III, art. 8;  GC

|                                                                                         |     |      |     |      |     |     |
|-----------------------------------------------------------------------------------------|-----|------|-----|------|-----|-----|
| IV, art. 9                                                                              |     |      |     |      |     |     |
| - Appointment of GC I, art. 8; GC II, art. 8; GC III, art. 8;  GC                       |     |      |     |      |     |     |
| IV, art. 9                                                                              |     |      |     |      |     |     |
| - Conciliation procedure GC I, art. 11; GC II, art. 11; GC III, art. 11;                |     |      |     |      |     |     |
| GC IV                                                                                   |     |      |     |      |     |     |
| - Definition AP I, art. 2(c)                                                            |     |      |     |      |     |     |
| - Substitutes for the protecting powers GC I, art. 10; GC II, art. 10; GC III, art. 10; |     |      |     |      |     |     |
| GC IV, art. 11, art. 12                                                                 |     |      |     |      |     |     |
| Provost Courts                                                                          |     |      |     |      |     |     |
| see                                                                                     |     |      |     |      |     |     |
| Courts                                                                                  |     |      |     |      |     |     |

## Q

| Questioning of POWs Hague IV, art. 9; GC III, art. 17; FM 27-10,    |     |     |
|---------------------------------------------------------------------|-----|-----|
| par. 93                                                             |     |     |

## R Rank

- of POWs and treatment ........ GC III, arts. 16, 43-45; FM 27-10, pars. 119


121

- of POWs and labor ........ GC III, art. 49


Receipt for Property ........ *see* Property Reciprocity ........ GC I, GC II, GC III, GC IV, art. 2; AP I, art.


96



Recreational Activities of Interned Civilians ........ GC IV, art. 94; FM 27-10, par. 301. Recreational Activities of POWs and Internees........ GC III, art. 38;  GC IV, arts. 94, 146(4); FM



27-10, par. 114

Red Crescent (*see also* Emblems)........ GC I, art. 38; FM 27-10, par. 238



Red Cross (*see also* Emblems) ........ GC I, arts. 36-38, 41-44; FM 27-10, par. 238


245;



Red Crystal (Third Protocol Emblem) ........ AP III, art. 2 Refugees........ FM 27-10, par. 283



- Nationals of occupying power in occupied territory...... GC IV, art. 70; AP I, art. 73
- Protected persons ........ GC IV, art. 4; AP I, arts. 73, 75, 85



Release


- at Close of hostilities........ GC III, arts. 118-119;  GC IV, arts. 132-135 - of Interned personnel during hostilities........ GC IV, art. 132; AP I, art. 75(3); AP II, art.



5(4)

Relief Shipments

- Authorization of free and unimpeded passage ........ GC IV, arts. 23, 59; AP I, art. 70(2); FM 27



10, pars. 148-151, 315

Religious Activities



- of Interned Civilians........ GC IV, art. 93; FM 27-10, par. 300. - POWs and Internees........ GC III, arts. 34-37; FM 27-10, pars. 110-113.



Repatriation


- Forced........ GC III, art. 109 - of POWs........ Hague IV, art. 20; GC III, arts. 46-48, 109-119;



AP I, art. 85(4)(b)


- of Protected persons ........ GC IV, art. 36


Representative of POWs ........ *see* Prisoners of War Reprisals........ GC I, art. 46; GC II, art. 47; GC III, art. 13(3);



GC IV, art. 33(3); AP I, art. 20, art. 51(6), 52(1)



Requisition........ GC I, arts. 34-35; FM 27-10, pars. 412-424 Responsibility of Military Commanders........ *see* Commanders Retained Personnel........ GC I, art. 28; GC II, art. 37; FM 27-10, pars.



67-68, 230-232



Rewards for Captured or Killed Enemy........ Hague IV, art. 23(b); FM 27-10, par. 31 Rights of POWs ........ *see* Prisoners of War
Riot Control Agents ........ *see* Weapons Ruses........ *see* Deception

## S

|                                                                  |     |                                                   |     |      |     | Sabotage GC IV, art. 5, 68(2); FM 27-10, pars. 454-456   |      |
|------------------------------------------------------------------|-----|---------------------------------------------------|-----|------|-----|----------------------------------------------------------|------|
| Saboteurs Hague IV, arts. 1, 3; GC I, art. 13(2), (6); GC        |     |                                                   |     |      |     |                                                          |      |
|                                                                  |     | II, art. 13(2), (6); GC III, art. 4A(2), (6);  GC |     |      |     |                                                          |      |
| IV, art. 5; AP I, arts. 43, 44(3), (4), 45(3), 75                |     |                                                   |     |      |     |                                                          |      |
| Safe-Conducts GC III, art. 75(1), (3);  GC IV, art. 111(1), (3); |     |                                                   |     |      |     |                                                          |      |
| FM 27-10, pars. 454-456                                          |     |                                                   |     |      |     |                                                          |      |
| Safeguards GC I, art. 8(1); GC II, art. 8(1); GC III, art.       |     |                                                   |     |      |     |                                                          |      |



8(1);  GC IV, art. 9(1); AP I, art. 5(1); FM 27 10, pars. 454, 457


|   Sanctions GC III, art. 21(1), 82-108;  GC IV, arts. 117 |     |     |
|-----------------------------------------------------------|-----|-----|
|                                                       126 |     |     |



Schools ........ Hague IV, art. 56; AP I, art. 52(3) Science, protection of buildings devoted to ........ Hague IV, arts. 27, 56; FM 27-10, par. 45-46
Separation


|                                                                          |     |     |     |     |     | - of Protected persons in occupied territory GC IV, art. 76(1)   |      |
|--------------------------------------------------------------------------|-----|-----|-----|-----|-----|------------------------------------------------------------------|------|
| - of POWs and internees GC III, art. 22( )3;  GC IV, art. 82(1), (2), 84 |     |     |     |     |     |                                                                  |      |



Sick and Wounded ........ *see* Wounded and Sick Signs

| - Distinguish protected buildings Hague IV, art. 27(2); GC I, art. 42; GC III, art.    |                                                   |
|----------------------------------------------------------------------------------------|---------------------------------------------------|
|                                                                                        |                                                   |
|                                                                                        |                                                   |
|                                                                                        | 23(4);  GC IV, art. 18(3), (4); AP I, art. 18(4), |
| 38(1), 56(7), 66(4); FM 27-10, pars. 45-46                                             |                                                   |
|                                                                                        |                                                   |
|                                                                                        |                                                   |
| Spies                                                                                  |                                                   |
| see                                                                                    |                                                   |
| Espionage                                                                              |                                                   |
| Stateless Person AP I, arts. 73, 85(2)                                                 |                                                   |
| Stratagems Hague IV, art. 23-24; AP I, art. 37(2); FM 27                               |                                                   |
| 10, pars. 48-55                                                                        |                                                   |
| Surrender Hague IV, art. 23; AP I, art. 37(1)(a), 41(2)(b);                            |                                                   |
| FM 27-10, pars. 470, 478                                                               |                                                   |

## T

|                                                                        |                                               |     |     |     |     | Threats, during POW questioning prohibited GC III, art. 17(4)    |
|------------------------------------------------------------------------|-----------------------------------------------|-----|-----|-----|-----|------------------------------------------------------------------|
| Torture, prohibited GC I, art. 12(2); GC II, art. 12(2)2; GC III, art. |                                               |     |     |     |     |                                                                  |
|                                                                        | 17(4), 87(3);  GC IV, art. 27(1), 32, 118(2); |     |     |     |     |                                                                  |
| Torture Convention                                                     |                                               |     |     |     |     |                                                                  |

## U

| Undefended Places Hague IV, art. 25; AP I, art. 59; FM 27-10,                     |     |     |     |     |      |
|-----------------------------------------------------------------------------------|-----|-----|-----|-----|------|
| pars. 39-40, 45-46                                                                |     |     |     |     |      |
| Uniforms of the Enemy, improper use Hague IV, art. 23(f); AP I, art. 39(2); FM 27 |     |     |     |     |      |
| 10, par. 52                                                                       |     |     |     |     |      |
| Unnecessary Suffering                                                             |     |     |     |     |      |
| see                                                                               |     |     |     |     |      |
| Weapons                                                                           |     |     |     |     |      |
|                                                                                   |     |     |     |     |      |
|                                                                                   |     |     |     |     |      |

## W

| War Crimes Hague IV, arts. 41, 56; GC I, art. 50; GC II,    |     |     |     |                                                 |      |
|-------------------------------------------------------------|-----|-----|-----|-------------------------------------------------|------|
|                                                             |     |     |     | art. 51; GC III, art. 130;  GC IV, art. 147; AP |      |
| I, art. 11(4), 85; FM 27-10, pars. 495-511                  |     |     |     |                                                 |      |

Warnings



- Before attack ........ Hague IV, art. 26; AP I, art. 57(2)(c) - Preceding use of weapons against POWs........ GC III, art. 42


War Powers Resolution........ EO 12333, par. 1.8 (e) White Flag........ see Emblems Weapons


- Ammunition

|                                                             |
|-------------------------------------------------------------|
| - Occupied territory AP I, art. 63(3); Hague IV, art. 53(2) |



## - Arms

| - Carried openly Hague IV, arts. 1-2; GC I, arts. 13(2), 13(6);                     |     |     |     |                                                 |      |      |
|-------------------------------------------------------------------------------------|-----|-----|-----|-------------------------------------------------|------|------|
|                                                                                     |     |     |     | GC II, arts. 13(2), 13(6); GC III, arts. 4A(2), |      |      |
| 4A(6); AP I, art. 44(3)                                                             |     |     |     |                                                 |      |      |
| - Medical/civil defense personnel GC I, art. 22; GC II, art. 35; AP I, arts. 13(2), |     |     |     |                                                 |      |      |
| 28(3), 65(3), 67(1)                                                                 |     |     |     |                                                 |      |      |



- New weapons........ AP I, art. 36; DoDD 2311.01E, par. 6.1 - Bacteriological Warfare........ Hague IV, art. 23(a); 1925 Gas Protocol; 1972



Biological Weapons Convention



- Development, production, acquisition........ 1972 Biological Weapons Convention, arts. I,

III


- Destruction requirement ........ 1972 Biological Weapons Convention, art. II



- Bullets ........ Hague IV, art. 23(e); Rome Statute, art. 8.2 - Chemical Weapons ........ Hague IV, art. 23(a); 1925 Gas Protocol;



Chemical Weapons Convention; Rome Statute, art. 8.2


- Definitions ........ Chemical Weapons Convention, art. 2 - Destruction requirement ........ Chemical Weapons Convention, arts. 1(2)-(4),

4



- Production facilities........ Chemical Weapons Convention, art. 5 - Riot control agents........ EO 11850; Chemical Weapons Convention,



|                                                                                 |    |    | arts. 1(5), 2(7), 10(8), (9)    |     |
|---------------------------------------------------------------------------------|----|----|---------------------------------|-----|
| - Use, production, development, transfer Chemical Weapons Convention, art. 1(1) |    |    |                                 |     |
|                                                                                 |    |    |                                 |     |
|                                                                                 |    |    |                                 |     |
| - Laser CCW Protocol IV, art. 1                                                 |    |    |                                 |     |
| - Poison Hague IV, art. 23(a).; 1925 Gas Protocol                               |    |    |                                 |     |
| - Unnecessary suffering Hague IV, art. 23(e); AP I, art. 35(2)                  |    |    |                                 |     |
| Wounded and Sick GC I, arts. 12-18; GC II, arts. 12-21; AP I,                   |    |    |                                 |     |
| arts. 8-31; AP II, arts. 7-12                                                   |    |    |                                 |     |
|                                                                                 |    |    |                                 |     |