The Geneva Conventions Act, 1960
# THE GENEVA CONVENTIONS ACT, 1960
 ____________

 ARRANGEMENT OF SECTIONS
 ___________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.


CHAPTER II

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

3. Punishment of grave breaches of conventions.
4. Liability of persons for offences committed outside India.
5. Jurisdiction of court.
6. Proof of application of Convention.
7. Jurisdiction of courts martial.

CHAPTER III

LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS

8. Notice of trial of protected persons to be served on protecting power, etc.
9. Legal re-presentation of certain persons.
10. Appeals by protected prisoners of war and internees.
11. Reduction of sentence and custody of protected prisoners of war and internees.

CHAPTER IV

ABUSE OF THE RED CROSS AND OTHER EMBLEMS

12. Prohibition of use of Red Cross and other emblems.
13. Penalty.
14. Offences by companies.
15. Saving.
16. Use of „Red Cross‟ and other emblems on Indian ship or aircraft.

CHAPTER V

MISCELLANEOUS

17. Cognizance of offences.
18. Power to make rules.
19. Rules to be laid before Parliament.
20. Repeal.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

THE FOURTH SCHEDULE.

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# THE GENEVA CONVENTIONS ACT, 1960

 ACT NO. 6 OF 1960

[12th March, 1960.]

# An Act to enable effect to be given to certain international Conventions done at Geneva on the
 twelfth day of August, 1949, to which India is a party, and for purposes connected therewith.

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Geneva Conventions**

Act, 1960.

(2) It extends to the whole of India.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint.

**2. Definitions.—In this Act, unless the context otherwise requires,—**

(a) “Conventions” means the Conventions set out in the Schedules; and the First Convention, the

Second Convention, the Third Convention and the Fourth Convention mean the Conventions set out
in the First, Second, Third and Fourth Schedules, respectively;

(b) “court” does not include a court-martial or military court;

(c) “protected internee” means a person protected by the Fourth Convention and interned in India;

(d) “protecting power”, in relation to a protected internee or a protected prisoner of war, means

the power or organisation which is carrying out, in the interests of the power of which he is a national
or of whose forces he is or was at any material time a member, the duties assigned to protecting
powers under the Third Convention or, as the case may be, the Fourth Convention;

(e) “protected prisoner of war” means a person protected by the Third Convention.

CHAPTER II

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS

**3. Punishment of grave breaches of conventions.—(1) If any person within or without India**

commits or attempts to commit, or abets or procures the commission by any other person of, a grave
breach of any of the Conventions he shall be punished,—

(a) Where the offence involves the wilful killing of a person protected by any of the Conventions,

with death or with imprisonment for life; and

(b) in any other case, with imprisonment for a term which may extend to fourteen years.

(2) Sub-section (1) applies to persons regardless of their nationality or citizenship.

(3) For the purposes of this section,—

(a) a grave breach of the First Convention is a breach of that Convention involving an act referred

to in article 50 of that Convention committed against persons or property protected by
that Convention;

1. 14th August, 1961, vide notification No. S.R.O. 222(E), dated 2nd August, 1961, see Gazette of India, Extraordinary, Part II,

sec. 4(ii).

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(b) a grave breach of the Second Convention is a breach of that Convention involving an act

referred to in article 51 of that Convention committed against persons or property protected by
that Convention;

(c) a grave breach of the Third Convention is a breach of that Convention involving an act

referred to in article 130 of that Convention committed against persons or property protected by that
Convention; and

(d) a grave breach of the Fourth Convention is a breach of that Convention involving an act

referred to in article 147 of that Convention committed against persons or property protected by that
Convention.
**4. Liability of persons for offences committed outside India.—When an offence under this Chapter**

is committed by any person outside India, he may be dealt with in respect of such offence as if it had been
committed at any place within India at which he may be found.

**5. Jurisdiction of court.—No court inferior to that of a chief presidency magistrate or a Court of**

Session shall try any offence punishable under this Chapter.

**6. Proof of application of Convention.—If in any proceeding under this Chapter in respect of a**

grave breach of any of the Conventions a question arises under Article 2 of that Convention
(which relates to the circumstances in which the Convention applies), a certificate under the hand of a
Secretary to the Government of India certifying to any matter relevant to that question shall be conclusive
evidence of the matter so certified.

**7. Jurisdiction of courts martial.—The Army Act, 1950 (46 of 1950), the Air Force**

Act, 1950 (45 of 1950), or the Navy Act, 1957 (62 of 1957), relating to trial by court-martial of persons
who commit civil offences shall have effect for the purposes of the jurisdiction of courts-martial as if this
Chapter had not been passed.

CHAPTER III

LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS

**8. Notice of trial of protected persons to be served on protecting power, etc.—(1) The court**

before which—

(a) a protected prisoner of war is brought up for trial for any offence; or
(b) a protected internee is brought up for trial for an offence for which that court has power to

sentence him to death or to imprisonment for a term of two years or more,

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing

the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor,
has been served not less than three weeks previously on the protecting power

(if there is a protecting power) and, if the accused is a protected prisoner of war on the accused and the
prisoners‟ representative.

(2) The particulars referred to in the foregoing sub-section are—

(a) the full name and description of the accused, including the date of his birth and his profession

or trade, if any, and if the accused is a protected prisoner of war, his rank and arm, regimental,
personal or serial number;

(b) his place of detention, internment or residence;

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

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

(3) For the purposes of this section a document purporting—

(a) to be signed on behalf of the protecting power or by the prisoners‟ representative or by the

person accused, as the case may be; and

(b) to be an acknowledgment of the receipt by that power, representative or person on a specified

day of a notice described therein as a notice under this section,

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shall, unless the contrary is shown, be sufficient evidence that the notice required by sub-section (1)

was served on that power, representative or person on that day.

(4) In this section, the expression “prisoners‟ representative” in relation to a particular protected

prisoner of war at a particular time means the person by whom the functions of prisoners‟ representative
within the meaning of article 79 of the Third Convention were exercisable in relation to that prisoner at
the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner
of war.

(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be

complied with may, notwithstanding anything in any other law, authorise the detention of the accused in
such custody as it may think fit for the period of the adjournment.

**9. Legal re-presentation of certain persons.—(1) The court before which—**

(a) any person is brought up for trial for an offence under section 3 of this Act; or

(b) a protected prisoner of war is brought up for trial for any offence,

shall not proceed with the trial unless—

(i) the accused is represented by a legal practitioner; and

(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has

elapsed since instructions for the representation of the accused at the trial were first given to the
legal practitioner,

and if the court adjourns the trial for the purpose of enabling the requirements of this sub-section to be
complied with, then, notwithstanding anything in any other law, the Court may authorise the detention of
the accused in such custody as it may think fit for the period of the adjournment.

(2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by

the accused as representing him, the legal practitioner instructed for the purpose on behalf of the
protecting power shall, without prejudice to the requirements of clause (ii) of the foregoing sub-section,
be regarded for the purposes of that sub-section as representing the accused.

(3) If the court adjourns the trial in pursuance of sub-section (1) by reason that the accused is not

represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over
the interests of the accused at any further proceedings in connection with the offence, and at any such
further proceedings, in the absence of a legal practitioner either accepted by the accused as representing
him or instructed as mentioned in the last foregoing sub-section, the legal practitioner assigned in
pursuance of this sub-section shall, without prejudice to the requirements of clause (ii) of sub-section (1),
be regarded for the purposes of that sub-section as representing the accused.

(4) A legal practitioner shall be assigned in pursuance of sub-section (3) in such manner as may be

provided in the rules made under this Act or, in the absence of provisions in the rules, as the court directs,
and the legal practitioner so assigned shall be entitled to such fees as may be provided in the rules made
under this Act.

**10. Appeals by protected prisoners of war and internees.—(1) Where a protected prisoner of war**

or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years
or more, any time allowed in relation to the institution of an appeal against the conviction or sentence
shall be deemed to continue to run until the day on which the convicted person receives a notice given,—

(a) in the case of a protected prisoner of war—by an officer in the Armed Forces; or

(b) in the case of a protected internee—by or on behalf of the governor or other person in charge

of the prison or place in which he is confined,

that the protecting power has been notified of his conviction and sentence, and for such further time as
would have been within the time allowed if the conviction or sentence had taken place or been
pronounced on that day.

(2) Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war

or a protected internee has been decided, the sentence remains a sentence of death, or remains or has

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become a sentence of imprisonment for a term of two years or more, any time allowed in relation to a
further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal
shall be deemed to continue to run until the day on which the convicted person receives a notice given by
a person referred to in clause (a) or clause (b) of the last preceding sub-section, as the case may require,
that the protecting power has been notified of the decision of the court upon the previous appeal, and for
such further time as would have been within the time allowed if that decision had been pronounced on
that day.

(3) Where sub-section (1) applies in relation to a convicted person, then, unless the court otherwise

orders, an order of the court relating to the restitution of property or the payment of compensation to an
aggrieved person shall not take effect, and a provision of any law relating to the revesting of property on
conviction shall not take effect in relation to the conviction, while an appeal by the convicted person
against his conviction or sentence is possible without an extension of time other than the extension
provided by the last preceding sub-section.

(4) Sub-sections (1), (2) and (3) shall not apply in relation to an appeal against a conviction or

sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or
sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no
protecting power.

**11. Reduction of sentence and custody of protected prisoners of war and internees.—(1) When a**

protected prisoner of war or a protected internee is convicted of an offence, the court shall,—

(a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it

would otherwise have fixed any period during which the convicted person has been in custody in
connection with that offence before the trial; and

(b) in fixing any penalty other than imprisonment in respect of the offence, take that period of

custody into account.

(2) Where the Central Government is satisfied that a protected prisoner of war accused of an offence

has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or
place in which protected prisoners of war are detained, for an aggregate period of not less than three
months, the Central Government may direct that the prisoner shall be transferred from that custody to the
custody of an officer of the Armed Forces of the Union and thereafter remain in military custody at a
camp or place in which protected prisoners of war are detained, and be brought before the court at the
time appointed for his trial.

CHAPTER IV

ABUSE OF THE RED CROSS AND OTHER EMBLEMS

**12. Prohibition of use of Red Cross and other emblems.—No person shall, without the approval of**

the Central Government, use for any purpose whatsoever—

(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and

completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”;

(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the

designation “Red Crescent”;

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say,

a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its
raised right forepaw a scimitar, with, appearing above the lion‟s back, the upper half of the sun
shooting forth rays, or the designation “Red Lion and Sun”;

(d) the emblem of a white or silver cross with vertical and horizontal arms of the same length on,

and completely surrounded by, a red ground, being the heraldic emblem of the Swiss
Confederation; or

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(e) any design or wording so nearly resembling any of the emblems or designations specified in

the preceding clauses of this section as to be capable of being mistaken for, or, as the case may be,
understood as referring to, one of those emblems.

**13. Penalty.—If any person contravenes any of the provisions of section 12, he shall be punishable**

with fine which may extend to five hundred rupees, and be liable to forfeit any goods upon or in
connection with which the emblem, designation, design or wording was used by that person.

**14. Offences by companies.—(1) If the person committing an offence under this Chapter is a**

company, the company as well as every person in charge of, and responsible to, the company for the
conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any

punishment if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Chapter has

been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

_Explanation.—For the purposes of this section,—_

(a) “company” means any body corporate and includes a firm or other association of

individuals, and

(b) “director” in relation to a firm means a partner in the firm.

**15. Saving.—In the case of a trade mark registered before the coming into force of this Act, the**

foregoing provisions of this Chapter shall not apply by reason only of its consisting of or containing a
design or wording which reproduces or resembles an emblem or designation specified in clause (b) or
clause (c) of section 12; and where a person is charged with using such a design or wording for any
purpose and it is proved that he used it otherwise than as, or as part of, a trade mark so registered, it shall
be a defence for him to prove—

(a) that he lawfully used that design or wording for that purpose before the coming into force of

this Act; or

(b) in a case where he is charged with using the design or wording upon goods, that the design or

wording had been applied to the goods before he acquired them by some other person who had
manufactured or dealt with the goods in the course of trade and who lawfully used the design or
wording upon similar goods before the coming into force of this Act.

**16. Use of „Red Cross‟ and other emblems on Indian ship or aircraft.—The provisions of this**

Chapter extend to the use in or outside India of any emblem, designation, design or wording as is referred
to in section 12 on any Indian ship or aircraft.

CHAPTER V

MISCELLANEOUS

**17. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on**

complaint by the Government or of such officer of the Government as the Central Government may, by
notification in the Official Gazette, specify.

**18. Power to make rules.—The Central Government may, by notification in the Official Gazette,**

make rules for the purpose of carrying into effect the provisions of this Act.

**19. Rules to be laid before Parliament.—Every rule made by the Central Government under this**

Act shall be laid as soon as may be after it is made or issued before each House of Parliament while it is

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in session for a total period of thirty days which may be comprised in one session or in two successive
sessions, and if before the expiry of the session in which it is so laid or the session immediately following,
both Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may
be, so however that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.

**20. Repeal.—(1) The Geneva Convention Implementing Act, 1936 (14 of 1936), is hereby repealed.**

(2) The Geneva Convention Act, 1911 (1 and 2 Geo. 5, C. 20), shall cease to have effect as part of the

law of India.

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THE FIRST SCHEDULE

(See section 2)

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN
ARMED FORCES IN THE FIELD AUGUST 12, 1949.

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held

at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the
Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows:—

CHAPTER I

GENREAL PROVISIONS

_Article 1_

**Respect for the Convention.—The High Contracting Parties undertake to respect and to ensure**

respect for the present Convention in all circumstances.

_Article 2_

**Application of the Convention.—In addition to the provisions which shall be implemented in**

peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict
which may arise between two or more of the High Contracting Parties, even if the state of war is not
recognized by one of them.

The Convention shall also apply to all cases of partial or total occupation of the territory of a High

Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who

are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by
the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

_Article 3_

**Conflicts not of an international character.—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 place 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.

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_Article 4_

**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.

_Article 5_

**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.

_Article 6_

**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 favorable measures
have been taken with regard to them by one or other of the Parties to the conflict.

_Article 7_

**Non-renunciation of rights.—Wounded and sick, as well as members of the medical personnel and**

chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the
present Convention, and by the special agreements referred to in the foregoing Article, if such there be.

_Article 8_

**Protesting Powers.—The present Convention shall be applied with the co-operation 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.

_Article 9_

**Activities of the International committee of the Red Cross.—The provisions of the present**

Convention constitute no obstacle to the humanitarian activities which 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.

_Article 10_

**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.

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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 present Article.


_Article 11_


**Conciliation procedure.—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 setting 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_


**Protection and care.—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 consideration permits, leave with them a part of its medical personnel and material to assist in
their care.

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_Article 13_

**Protected persons.—The present Convention shall apply to the wounded and sick belonging to the**

following categories:—

(1) Members of the armed forces of a Party to the conflict as well as members of militias 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 favorable 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.

_Article 14_

**Status.—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.

_Article 15_

**Search for casualties. Evacuation.—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.

_Article 16_

**Recording and forwarding of information.—Parties to the conflict shall record as soon as possible,**

in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any
particulars which may assist in his identification.

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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 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.


_Article 17_


**Prescriptions regarding the dead. Graves Registration Service.—Parties to the conflict shall**

ensure that burial or cremation of the dead, carried out individually as 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 organise 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 Services 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.


_Article 18_


**Role of the population.—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.

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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_

**Protection.—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 establishment 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.

_Article 20_

**Protection of hospital ships.—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.

_Article 21_

**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.

_Article 22_

**Conditions not depriving medical units and establishments of protection.—The following**

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

(1) That the personnel of the unit or establishment are rearmed, 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.

_Article 23_

**Hospital zones and localities.—In time of peace, the High Contracting Parties and, after the outbreak**

of hostilities, the Parties to the conflict, 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

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effects of war, as well as the personnel entrusted with the organisation and administration of these zones
and localities and with the care of the persons therein assembled.

Upon the outbreak and during the course of hostilities, the Parties concerned may conclude

agreements on mutual 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_

**Protection of permanent personnel.—Medical personnel exclusively engaged in the search for, or**

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

_Article 25_

**Protection of auxiliary personnel.—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.

_Article 26_

**Personnel of aid societies.—The staff of National Red Cross Societies and that of other Voluntary**

Aid Societies, duly recognised and authorised by their Governments, who may be employed on the same
duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the
said Article, provided that the staff of such societies are subject to military laws and 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 authorised, under its responsibility, to render assistance to the regular medical service of its
armed forces.

_Article 27_

**Societies of neutral countries.—A recognized Society of a neutral country can only lend the**

assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own
Government and the authorisation of the Party to the conflict concerned. That personnel and those units
shall be placed under the control of that Party to the conflict.

The neutral Government shall notify this consent to the 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 identify

cards provided for in Article 40 before leaving the neutral country to which they belong.

_Article 28_

**Retained personnel.—Personnel designated in Articles 24 and 26 who fall into the hands of the**

adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of
prisoners of war require.

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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 according with their
professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the
armed forces to which they themselves belong. They shall further enjoy the following facilities for
carrying out their medical or spiritual duties:—

(a) They shall be authorised to visit periodically the 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.


_Article 29_


**Status of auxiliary personnel.—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.


_Article 30_


**Return of medical and religious personnel.—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 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.


_Article 31_


**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.


_Article 32_


**Return of personnel belonging to neutral countries.—Persons designated in Article 27 who have**

fallen into the hands of the adverse Party may not be detained.

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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 valuable and the

instruments, arms and if possible the means of transport belonging to them.

The Parties to the conflict shall secure to these 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_

**Buildings and stores.—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.

_Article 34_

**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 recognised for belligerents by the laws and customs of war shall not be

exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has
been ensured.

CHAPTER VI

MEDICAL TRANSPORTS

_Article 35_

**Protection.—Transports of wounded and sick or of medical equipment shall be respected and**

protected in the same way as mobile medical units.

Should such transport 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.

_Article 36_

**Medical aircraft.—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.

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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.

_Article 37_

**Flight over neutral countries. Landing of wounded.—Subject to the provisions of the second**

paragraph, medical aircraft of Parties to the conflict may fly 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 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_

**Emblem of the Convention.—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.

_Article 39_

**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.

_Article 40_

**Identification of medical and religious personnel.—The personnel designated in Article 24 and in**

Articles 26 and 27 shall wear, affixed to the left arm, 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, 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 on the owner and also either his signature or his finger-prints or both. It shall be embossed
with the stamp of the military authority.

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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.

_Article 41_

**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.

_Article 42_

**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.

_Article 43_

**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.

_Article 44_

**Restrictions in the use of the emblem. Exceptions.—With the exception of the cases mentioned in**

the following paragraphs of the present Article, 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 frame work 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

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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_

**Detailed execution. Unforeseen cases.—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.

_Article 46_

**Prohibition of reprisals.—Reprisals against the wounded, sick, personnel, buildings or equipment**

protected by the Convention are prohibited.

_Article 47_

**Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in**

time of war, to disseminate the text of 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.

_Article 48_

**Translations Rules of application.—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_

**Penal sanctions. I. General observations.—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.

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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.

_Article 50_

**II. Grave breaches.—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.

_Article 51_

**III. Responsibilities of the Contracting parties.—No High Contracting Party shall be allowed to**

absolve itself or any other High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.

_Article 52_

**Enquiry procedure.—At the request of a Party to the conflict, an enquiry shall be instituted, in a**

manner to be decided 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.

_Article 53_

**Misuse of the emblem.—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 trade marks or commercial marks, or as parts of
such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding
Swiss national sentiment, shall be prohibited at all times.

Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of

July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the
first paragraph, a time limit not to exceed 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.

_Article 54_

**Prevention of misuse.—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_

**Languages.—The present convention is established in English and in French. Both texts are**

equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the

Russian and Spanish languages.

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_Article 56_

**Signature.—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
Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and sick in Armies in
the Field.

_Article 57_

**Ratification.—The present Convention shall be ratified as soon as possible and the ratifications shall**

be deposited 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.

_Article 58_

**Coming into force.—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.

_Article 59_

**Relation to previous conventions.—The present Convention replaces the Conventions of**

August 22, 1864, July 6, 1906 and July 27, 1929, in relations between the High Contracting Parties.

_Article 60_

**Accession.—From the date of its coming into force, it shall be open to any Power in whose name the**

present Convention has not been signed, to accede to this Convention.

_Article 61_

**Notification of accessions.—Accessions shall be notified in writing to the Swiss Federal 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.

_Article 62_

**Immediate effect.—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.

_Article 63_

**Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the**

present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to

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, 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 fulfill by virtue of the principles of

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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.

_Article 64_

**Registration with the United Nations.—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.

It 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.

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THE SECOND SCHEDULE

(See section 2)

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND

SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949

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.

_Article 2_

**Application of the Convention.—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 recognised
by one of them.

The convention shall also apply to all cases of partial or total occupation of the territory of a High

Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who

are parties thereto shall remain bound by the Convention in relation to the said Power, if the latter accepts
and applies the provisions thereof.

_Article 3_

**Conflicts not of an international character.—In the case of armed conflict not of an international**

character occurring in the territory of one of 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 judgement

pronounced by a regularly constituted court, affording all the judicial guarantees which are
recognised 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.

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The Parties to the conflict should further endeavor to bring into force, by means of special

agreements, all or part of the other provisions of the present Convention.

The application of the proceeding provision shall not affect the legal status of the Parties

to the conflict.

_Article 4_

**Field of application.—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.

_Article 5_

**Application by neutral powers.—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.

_Article 6_

**Special** **agreements.—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 favorable measures have been taken with regard to them by one or other of the Parties
to the conflict.

_Article 7_

**Non-renunciation of rights.—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.

_Article 8_

**Protecting powers.—The present convention shall be applied with the co-operation 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.

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_Article 9_

**Activities of the International Committee of the Red Cross.—The provisions of the present**

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

_Article 10_

**Substitutes for Protecting Powers.—The High Contracting Parties may at any time agree to entrust**

to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.

When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to

benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided
for in the first paragraph above, the Detaining Power shall request a neutral state, or such an organisation,
to undertake the functions performed under present Convention by a Protecting Power designated by the
Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,

subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as
the International Committee of the Red Cross, to assume the humanitarian functions performed by
protecting powers under the present Convention.

Any neutral Power, or any organisation invited by the Power concerned or offering itself for these

purposes, shall be 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 organisations in the sense of the present Article.

_Article 11_

**Conciliation procedure.—In cases where they deem it advisable in the interest of protected persons,**

particularly in cases 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 setting 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 suitable 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_

**Protection and care.—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 air-craft.

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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.

_Article 13_

**Protected persons.—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 militaries or volunteer corps, including such
organized resistance movements, fulfill the following conditions:—

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

(b) that of having a fixed distinctive sign recognisable 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

recognised by the Detaining Power;

(4) Persons who accompany the armed forces without actually being member 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 merchants 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 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.

_Article 14_

**Handing over to a belligerent.—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.

_Article 15_

**Wounded taken on board a neutral warship.—If wounded, sick or shipwrecked persons are taken**

on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by
international law, that they can take no further part in operations of war.

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_Article 16_

**Wounded falling into enemy hands.—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.

_Article 17_

**Wounded landed in a neutral port.—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.

_Article 18_

**Search for causalities after an engagement.—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.

_Article 19_

**Recording and forwarding of information.—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, personnel 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 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.

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_Article 20_

**Prescriptions regarding the dead.—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.

_Article 21_

**Appeals to neutral vessels.—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_

**Notification and protection of military hospital ships.—Military hospital ships, that is to say, ships**

built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and
shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or 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.

_Article 23_

**Protection of medical establishments ashore.—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.

_Article 24_

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

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

These ships must be provided with certificates of the responsible authorities, stating that the vessels

have been under their control while fitting out and on departure.

_Article 25_

**II Neutral countries.—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
authorisation of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning
notification have been compiled with.

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_Article 26_

**Tonnage.—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
ship wrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.

_Article 27_

**Coastal rescue craft.—Under the same conditions as those provided for in Articles 22 and 24, small**

craft employed by the State or by the officially recognised 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 crafts

for their humanitarian missions.

_Article 28_

**Protection of sick-bays.—Should fighting occur on board a warship, the sick-bays shall be respected**

and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of welfare,
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.

_Article 29_

**Hospital ships in occupied ports.—Any hospital ship in a port which falls into the hands of the**

enemy shall be authorised to leave the said port.

_Article 30_

**Employment of Hospital ships and small craft.—The vessels described in Article 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.

_Article 31_

**Right of control and search.—The Parties to the conflict shall have the right to control and search**

the vessels mentioned in Articles 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 to 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.

_Article 32_

**Stay in a neutral port.—Vessels described in Articles 22, 24, 25 and 27 are not classed as warships**

as regards their stay in a neutral port.

_Article 33_

**Converted merchant vessels.—Merchant vessels which have been transformed into hospital ships**

cannot be put to any other use throughout the duration of hostilities.

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_Article 34_

**Discontinuance of protection.—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
cease 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.

_Article 35_

**Conditions not depriving hospital ships of protection.—The following conditions shall not be**

considered as depriving hospital ships or sick-bays of vessels 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 defense 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_

**Protection of the personnel of hospital ships.—The religious, medical and hospital personnel or**

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.

_Article 37_

**Medical and religious personnel of other ships.—The religious, medical and hospital personnel**

assigned to the medical or spiritual care of the persons designated in Article 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 ships, 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, every-thing 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 used for the conveyance of medical equipment.—Ships chartered for that purpose shall be**

authorised 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.

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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.

_Article 39_

**Medical aircrafts.—Medical aircraft, that is to say, aircraft exclusively employed for the removal of**

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 specially 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 enemy-occupied 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.

_Article 40_

**Flight over neutral countries. Landing of wounded.—Subject to the provisions of the second**

paragraph, medical air-craft 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
interment shall be borne by the Power on which they depend.

CHAPTER VI

THE DISTINCTIVE EMBLEM

_Article 41_

**Use of the emblem.—Under the direction of the competent military authority, the emblem of the red**

cross on a white 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.

_Article 42_

**Identification** **of** **medical** **and** **religious** **personnel.—The** personnel designated in

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

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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 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 cases of loss they shall be entitled to receive duplicates of the cards and to
have the insignia replaced.

_Article 43_

**Marking of hospital ships and small craft.—The ships designated in Articles 22, 24, 25 and 27**

shall be distinctively marked as follows:—

(a) All exterior surfaces shall be white.

(b) One or more dark red crosses, as large as possible, shall be painted and displayed on 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 main mast as high as possible.

Lifeboats of hospital ships, coastal lifeboats and all small crafts 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 crafts, 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 consent of the Occupying Power from a base which

is occupied, may be allowed, when a away from their base, to continue to fly their own national colors
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.

_Article 44_

**Limitation in the use of markings.—The distinguishing signs referred to in Article 43 can only be**

used, whether in time of peace or war, 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.

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_Article 45_

**Prevention of misuse.—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_

**Detailed execution. Unforeseen cases.—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.

_Article 47_

**Prohibition of reprisals.—Reprisals against the wounded, sick and shipwrecked persons, the**

personnel, the vessels or the equipment protected by the Convention are prohibited.

_Article 48_

**Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in**

time of war, to disseminate the text of 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.

_Article 49_

**Translations. Rules of application.—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_

**Penal sanctions. I. General observations.—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.

_Article 51_

**II. Gravebreaches.—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.

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_Article 52_

**III. Responsibilities of the Contracting Parties.—No High Contracting Party shall be allowed to**

absolve itself or any other High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.

_Article 53_

**Enquiry procedure.—At the request of a Party to the conflict, an enquiry shall be instituted, in a**

manner to be decided 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_

**Languages.—The present Convention is established in English and in French. Both texts are equally**

authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the

Russian and Spanish languages.

_Article 55_

**Signature.—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 18, 1907, for the adaptation to Maritime warfare of the principles of
the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the
Wounded and Sick in Armies in the Field.

_Article 56_

**Ratification.—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 Convetion
has been signed, or whose accession has been notified.

_Article 57_

**Coming into force.—The present Convention shall come into force six months after not less than**

two instruments of ratification have been deposited.

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

instruments of ratification.

_Article 58_

**Relation to the 1907 Convention.—The present Convention replaces the Xth Hague Convention of**

October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva convention of
1906, in relations between the High Contracting Parties.

_Article 59_

**Accession.—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.

_Article 60_

**Notification of accessions.—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.

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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.

_Article 61_

**Immediate effect.—The situations provided for in Article 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.

_Article 62_

**Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the**

present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to

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 fulfill 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.

_Article 63_

**Registration with the United Nations.—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.

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THE THIRD SCHEDULE

(See section 2)

GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF AUGUST 12, 1949

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_

**Respect for the Convention.—The High Contracting Parties undertake to respect and to ensure**

respect for the present Convention in all circumstances.

_Article 2_

**Application of the Convention.—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 recognised
by one of them.

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.

_Article 3_

**Conflicts not of an international character.—In the case of armed conflict not of an international**

character occurring in the territory of one of 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

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 recognised
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.

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The Parties to the conflict should further endeavor to bring into force, by means of special

agreements, all or part of the other provisions of the present Convention.

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

the conflict.

_Article 4_

**Prisoners of war.—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 militaries 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 organised resistance movements, fulfil the following conditions:—

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

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

(c) that of carrying arms openly;

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

(3) Members of regular armed forces who profess allegiance to a government or an 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 authorisation 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 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 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 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.

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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.

_Article 5_

**Beginning and end of application.—The present Convention shall apply to the persons referred to in**

Article 4 from the time they fall into 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.

_Article 6_

**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 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 favorable measures have been taken with regard to them by one or
other of the Parties to the conflict.

_Article 7_

**Non-renunciation rights.—Prisoners of war may in no circumstances renounce in part or of in**

entirely the rights secured to them by the present Convention, and by the special agreements referred to in
the foregoing Article, if such there be.

_Article 8_

**Protecting Powers.—The present Convention shall be applied with the co-operation and under the**

scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict.
For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff,
delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives

or delegates of the Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission

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

_Article 9_

**Activities of the International Committee of the Red Cross.—The provisions of the present**

convention constitute no obstacle in the humanitarian activities which the International Committee of the
Red Cross or any other impartial humanitarian organisation may, subject to the consent of the Parties to
the conflict concerned undertake for the protection of prisoners of war and for their relief.

_Article 10_

**Substitutes for Protecting Powers.—The High Contracting Parties may at the 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 organisation, to undertake the functions performed under the
present Convention by a Protecting Power designated by the Parties to a conflict.

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If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,

subject to provisions of this Article, the offer of the services of 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.

_Article 11_

**Conciliation procedure.—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
officers 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 suitable 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 delegate 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_

**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.

_Article 13_

**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.

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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.

_Article 14_

**Respect for the person of prisoners.—Prisoners of war are entitled in all circumstances to respect**

for their persons and their honour.

Women shall be treated with all the regard due to their sex and shall in all cases benefit by 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.

_Article 15_

**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.

_Article 16_

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_

**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 wilfully infringes this rule he may render himself liable to a restriction of the privileges accorded

to his rank or status.

Each Party to 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 6.5x10 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 any unpleasant or disadvantageous treatment of any kind.

Prisoners of war who, owing to their physical or mental condition, are unable to state their identity

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.

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_Article 18_

**Property of prisoners.—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 the 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.

_Article 19_

**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.

_Article 20_

**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.

SECTION II

INTERNMENT OF PRISONERS OF WAR

CHAPTER I

GENERAL OBSERVATIONS

_Article 21_

**Restriction of liberty of movement.—The Detaining Power may subject prisoners of war to**

internment. It may impose on them the 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.

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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 honor scrupulously to fulfill, 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.

_Article 22_

**Places and conditions of internment.—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.

_Article 23_

**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 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.

_Article 24_

**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.

CHAPTER II

QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR

_Article 25_

**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 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.

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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.

_Article 26_

**Food.—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.

_Article 27_

**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 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.

_Article 28_

**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 prisoner‟s 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 attributed 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_

**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.

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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.

_Article 30_

**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.

_Article 31_

**Medical inspections.—Medical inspections of prisoners of war shall be made 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.

_Article 32_

**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.

CHAPTER IV

MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR

_Article 33_

**Rights and privileges of retained personnel.—Members of the medical personnel and chaplains**

while retained by the Detaining Power with a view 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

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accordance with their professional etiquette. They shall also benefit by the following facilities in the
exercise of their medical or spiritual functions:—

(a) They shall be authorised to visit periodically 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_


**Religious duties.—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 prescribe by the military authorities.


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


_Article 35_


**Retained chaplains.—Chaplains who fall into the hands of the enemy Power and who remain or are**

retained with a view 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 the 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.


_Article 36_


**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 Detaining Power. They shall not be obliged to do any other work.


_Article 37_


**Prisoners without a minister of their religion.—When prisoners of war have not the assistance of a**

retained chaplain or of a prisoner of war 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

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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.

_Article 38_

**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.

CHAPTER VI

DISCIPLINE

_Article 39_

**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.

**Saluting.—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.

_Article 40_

**Badges and decorations.—The wearing of badges of rank and nationality, as well as of decorations**

shall be permitted.

_Article 41_

**Posting of the Convention, and of regulations and orders concerning prisoners.—In every camp**

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

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.

_Article 42_

**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.

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CHAPTER VII

RANK OF PRISONERS OF WAR

_Article 43_

**Notification of ranks.—Upon the outbreak of hostilities, the Parties to the conflict shall**

communicate to one another the 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 from 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.

_Article 44_

**Treatment of officers.—Officers and prisoners of equivalent status shall be treated with the regard**

due to their rank and age.

In order to ensure service in officers‟ camps, other ranks of the same armed forces who, as far 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.

_Article 45_

**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.

CHAPTER VIII

TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP

_Article 46_

**Conditions.—The Detaining Power, when deciding upon the transfer of prisoners of war, shall take**

into account 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 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.

_Article 47_

**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.

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_Article 48_

**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 then 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_

**General observations.—The Detaining Power may utilize the lab our 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.

_Article 50_

**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.

_Article 51_

**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

prisoners are employed, the national legislation concerning the protection of lab our, and, more
particularly, the regulations for the safety of workers, are duly applied.

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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.

_Article 52_

**Dangerous or humiliating labour.—Unless he be a volunteer, no prisoner of war may be employed**

on lab our 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.

_Article 53_

**Duration of lab our.—The duration of the daily lab our of prisoners of war, including the time of the**

journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers
in the district, who are nationals of the Detaining Power and 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 to him.

If methods of labour such as piece work are employed, the length of the working period shall not be

rendered excessive thereby.

_Article 54_

**Working pay, occupational accidents and diseases.—The working pay due to prisoners of war**

shall be fixed in accordance with the provisions of Article 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.

_Article 55_

**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 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.

_Article 56_

**Labour detachments.—The organisation and administration of labour detachments shall be similar**

to those of prisoner of war camps.

Every labour detachment shall remain under the control of and administratively part of a prisoner of

war camp. The military authorities and the commander of the said camp shall be responsible, under the
direction of their government, for the observance of the provisions of the present Convention in labour
detachments.

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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.

_Article 57_

**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.

SECTION IV

FINANCIAL RESOURCES OF PRISONERS OF WAR

_Article 58_

**Ready money.—Upon the outbreak of hostilities, and pending an arrangement on this matter with the**

Protecting 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 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.

_Article 59_

**Amounts in cash taken from prisoners.—Cash which was taken from prisoners of war, in**

accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining
Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the
present Section.

The amounts, in the currency of the Detaining Power, due to the conversion of sums in other

currencies that are taken from the prisoners of war at the same time, shall also be credited to their
separate accounts.

_Article 60_

**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 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.

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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 the Protecting Power.

_Article 61_

**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.

_Article 62_

**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 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.

_Article 63_

**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 dependants 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, 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

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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.

_Article 64_

**Prisoners‟ accounts.—The Detaining Power shall hold an account for each prisoner of war, showing**

at least the following:—

(1) The amounts due to the prisoner or received by him as advances of pay, as working 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.

_Article 65_

**Management of prisoners‟ accounts.—Every item entered in the account of a prisoner of war shall**

be countersigned or initialed 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.

_Article 66_

**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.

_Article 67_

**Adjustments between Parties to the conflict.—Advances of pay, issued to prisoners of war**

inconformity 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.

_Article 68_

**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

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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 Agency for Prisoners of War provided for in Article 123.

SECTION V

RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR

_Article 69_

**Notification of measures taken.—Immediately upon prisoners of war falling into its power, the**

Detaining Power shall inform them and 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.

_Article 70_

**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 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.

_Article 71_

**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 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 labeled so as clearly to indicate

their contents and must be addressed to offices of destination.

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_Article 72_

**Relief Shipments. I. General principles.—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.

_Article 73_

**II. Collective relief.—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 organisation giving assistance to prisoners of war
and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.

_Article 74_

**Exemption from postal and transport charges.—All relief shipments for prisoners of war shall be**

exempt from import, customs and other dues.

Correspondence, relief shipments and authorized remittances of money addressed to prisoners of 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 endeavor to reduce, so far as possible, the rates charged for

telegrams sent by prisoners of war, or addressed to them.

_Article 75_

**Special means of transport.—Should military operations prevent the Powers concerned from**

fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77,

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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 aircraft, etc). For this purpose, the High
Contracting Parties shall endeavor 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 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.

_Article 76_

**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.

_Article 77_

**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 instruments, 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.

SECTION VI

RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES

CHAPTER I

COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY

_Article 78_

**Complaints and requests.—Prisoners of war shall have the right to make known to the military**

authorities in whose power they 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

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attention to any points on which they may have complaints to make regarding their conditions
of captivity.

They 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 situations in the camps and the needs of

the prisoners of war to the representatives of the Protecting Powers.

CHAPTER II

PRISONERS OF WAR REPRESENTATIVES

_Article 79_

**Election.—In all places where there are prisoners of war, excepting 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 recognised as the camp prisoners‟ representative. In camps for officers, he shall
be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen
from among the prisoners of war who are not officers and shall be elected by them.

Officer prisoners of war of the same nationality shall be 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 here presents. 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.

_Article 80_

**Duties.—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.

_Article 81_

**Prerogatives.—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 lab our detachments, receipt
of supplies, etc.).

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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 with 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 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 therefore shall be communicated to the Protecting Power.

CHAPTER III

PENAL AND DISCIPLINARY SANCTIONS

1. General provisions

_Article 82_

**Applicable legislation.—A prisoner of war shall be subject to the laws, regulations and orders in**

force in the armed forces of 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.

_Article 83_

**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.

_Article 84_

**Courts.—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.

_Article 85_

**Offences committed before capture.—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.

_Article 86_

**“Non his in idem.”—No prisoner of war may be punished more than once for the same act or on the**

same charge.

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_Article 87_

**Penalties.—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 punishments, 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.

_Article 88_

**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.

II. Disciplinary Sanctions

_Article 89_

**General observations.—The disciplinary punishment applicable to prisoners of war are**

the following:—

**I. Forms of Punishment.—(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.

_Article 90_

**II. Duration of punishments.—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.

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The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is

answerable for several acts at the some 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 or the punishments, if the duration of one of these is ten
days or more.

_Article 91_

**Escapes. I. Successful escape.—The escape of a prisoner of war shall be deemed to have**

succeeded when:—

(1) he has joined the armed forces of the power on which he depends, or those of an 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 a power on which he depends, or of an allied Power, in the

territorial waters of the Detaining Power, the said ship not being under the control of the last
named Power.

Prisoners of war who have made good their escape in the sense of this Article and who are recaptured,

shall not be liable to any punishment in respect of their previous escape.

_Article 92_

**II. 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 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.

_Article 93_

**III. Connected offences.—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.

_Article 94_

**IV. 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.

_Article 95_

**Procedure. I. 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

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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 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.

_Article 96_

**II. Competent authorities and right of defence.—Acts which constitute offences against discipline**

shall be investigated immediately.

Without prejudice to the competence of courts and superior military authorities, disciplinary

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.

_Article 97_

**Execution of punishment. I. Premises.—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.

_Article 98_

**II. Essential safeguards.—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

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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_

**Essential rules. I. General principles.—No prisoner of war may be tried or sentenced for an act**

which is not forbidden by the law of 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.

_Article 100_

**II. Death penalty.—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 and duty of allegiance, and that he is in its
power as the result of circumstances independent of his own will.

_Article 101_

**III. Delay in execution of the death penalty.—If the death penalty is pronounced on a prisoner of**

war, the sentence shall not be executed before 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.

_Article 102_

**Procedure. I. Conditions for validity of sentence.—A prisoner of war can be validly sentenced only**

if the sentence has been pronounced by the same 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.

_Article 103_

**II. Confinement awaiting trial (Deduction from sentence, treatment.—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 spend 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.

_Article 104_

**III. 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

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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 or 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.

_Article 105_

**IV. Rights and means of defence.—The prisoner of war shall be entitled to assistance by one of his**

prisoner comrades, to defence 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.

_Article 106_

**V. Appeals.—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 re-opening of the trial. He shall be fully
informed of his right to appeal or petition and of the time limit within which he may do so.

_Article 107_

**VI. Notification of findings 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

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of the sentence or the re-opening of the trial. This communication shall likewise be sent to the prisoner‟s
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.

_Article 108_

**Execution of penalties, penal regulations.—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 dispatch correspondence, to receive at least one relief parcel monthly, to take
regular exercise in the open air, to have the medical care required by their state of health, and the spiritual
assistance they may 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_

**General observations.—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 endeavor, with the co-operation 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.

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_Article 110_

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

(1) Incurably wounded and sick whose mental or physical fitness seems to have 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

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 fulfill 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.

_Article 111_

**International 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 endeavor 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.

_Article 112_

**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 Medial Commission.

_Article 113_

**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.

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(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.

_Article 114_

**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.

_Article 115_

**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.

_Article 116_

**Cost of repatriation.—The costs of repatriating prisoners of war or of transporting them to a neutral**

country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said
prisoners depend.

_Article 117_

**Activity after repatriation.—No repatriated person may be employed on active military service.**

SECTION II

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

_Article 118_

**Release and repatriation.—Prisoners of war shall be released and repatriated without delay after the**

cessation of active hostilities.

In the absence of stipulations to the above effect in any agreement concluded between the Parties to

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 cost of repatriation from the frontiers of the Detaining Power.

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(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.

_Article 119_

**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, re 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.

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, death certificates, burial, cremation.—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.Thedeath 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 also 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 establishing 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

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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. Incase 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 grave 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.

_Article 121_

**Prisoners killed or injured in special circumstances.—Every death or serious injury of a prisoner**

of war caused or suspected to have been caused by a 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_

**National Bureaux.—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 person 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.

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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.

_Article 123_

**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 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.

_Article 124_

**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.

_Article 125_

**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 organising 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.

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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_

**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.

_Article 127_

**Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in**

time of war, to disseminate the text of 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.

_Article 128_

**Translations. Rules of application.—The High Contracting Parties shall communicate to one**

another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and regulations which they may adopt
to ensure the application thereof.

_Article 129_

**Penal sanctions I. General observations.—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.

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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 beaches 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
present Convention.

_Article 130_

**II. Grave breaches.—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, 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.

_Article 131_

**III. Responsibilities of the Contracting Parties.—No High Contracting Party shall be allowed to**

absolve itself or any other High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.

_Article 132_

**Enquiry procedure.—At the request of a Party to the conflict, an enquiry shall be instituted, in a**

manner to be decided 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_

**Languages.—The present Convention is established in English and in French. Both texts are**

equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the

Russian and Spanish languages.

_Article 134_

**Relation to the 1929 Convention.—The present Convention replaces the Convention of**

July 27, 1929, in relations between the High Contracting Parties.

_Article 135_

**Relation to the Hague Convention.—In the relations between the Powers which are bound by the**

Hague Convention respecting the Law and Customs of War on Land, whether that of July 29, 1899, 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.

_Article 136_

**Signature.—The present Convention, which bears the date of this day is open to signature until**

February 12, 1950, in the name of the Power 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.

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_Article 137_

**Ratification.—The present Convention shall be ratified as soon as possible and the ratification 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.

_Article 138_

**Coming into force.—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.

_Article 139_

**Accession.—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.

_Article 140_

**Notification of accession.—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.

_Article 141_

**Immediate effect.—The situations provided for in Articles 2 and 3 shall give immediate effect to**

ratifications deposited and accounts 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.

_Article 142_

**Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the**

present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to

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 has 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 fulfill by virtue of the principles of
the law of nations, as the result from the usages established among civilised peoples, from the laws of
humanity and the dictates of the public conscience.

_Article 143_

**Registration with the United Nations.—The Swiss Federal Council shall register the present**

Convention with the Secretariat of the 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.

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THE FOURTH SCHEDULE

(See section 2)

GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS

IN TIME OF WAR OF AUGUST 12, 1949

The undersigned Plenipotentiaries of the Government represented at the Diplomatic Conference held

at Geneva from April 21 to August12, 1949, for the purpose establishing a Convention for the Protection
of Civilian persons in Time of War, have agreed as follows:

PART I

GENERAL PROVISIONS

_Article 1_

**Respect for the Convention.—The High contracting parties undertake to respect and to ensure**

respect for the present Convention in all circumstances.

_Article 2_

**Application of the Convention.—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 further more be bound by
the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

_Article 3_

**Conflicts not of an international character.—In the case of armed conflict not of an international**

character occurring in the territory of one of 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 judgement

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 endeavor to bring into force, by means of special

agreements, all or Part of the other provisions of the present Convention.

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

to the conflict.

_Article 4_

**Definition of protected persons.—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-belli-gerent
State, shall not be regarded as protected persons while the State of which they are nationals has normal
diplomatic representation in the State in whose hands they are.

The provisions of Part II are, however, wider in application, as defined in Article 13.

Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded

and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the
Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of
August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August
12, 1949, shall not be considered as protected persons within the meaning of the present Convention.

_Article 5_

**Derogations.—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 rower, as the case may be.

_Article 6_

**Beginning and end of application.—The present Convention shall apply from the outset of any**

conflict or occupation mentioned, In Article 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.

_Article 7_

**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

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shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict
the rights which it confers upon them.

Protected persons shall continue to have the benefit of such agreements as long as the Convention is

applicable to them, except where express provisions to the contrary are contained in the aforesaid or in
subsequent agreements, or where more favourable measures have been taken with regard to them by one
or other of the Parties to the conflict.

_Article 8_

**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.

_Article 9_

**Protecting Powers.—The present Convention shall be applied with the co-operation and under the**

scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict.
For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff,
delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates
shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to
the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the
Protecting Powers.

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission

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

_Article 10_

**Activities of the International Committee of the Red Cross.—The provision of the present**

Convention constitute no obstacle to the humanitarian activities which the International Committee of the
Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to
the conflict concerned, undertake for the protection of civilian persons and for their relief.

_Article 11_

**Substitutes for Protecting Power.—The High Contracting Parties may at any time agree to entrust**

to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.

When persons protected by the present Convention do not benefit or cease to benefit, no matter for

what reason, by the activities of a Protecting Power or of an organization provided for in the first
paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake
the functions performed under the present Convention by a Protecting Power designated by the Parties to
a conflict.

If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept,

subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as
the International Committee of the Red Cross, to assume the humanitarian functions performed by
Protecting Powers under the present Convention.

Any neutral Power or any organization invited by the Power concerned or offering itself for these

purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions and to discharge them impartially.

No derogation from the preceding provisions shall be made by special agreements between Powers

one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies
by reason of military events, more particularly where the whole, or a substantial part, of the territory of
the said Power is occupied.

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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.

_Article 12_

**Conciliation Procedure.—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_

**Field of application of Part II.—The provisions of Part II cover the whole of the populations of the**

countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or
political opinion, and are intended to alleviate the sufferings caused by war.

_Article 14_

**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 effect of
war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children
under seven.

Upon the outbreak and during the course of hostilities, the Parties concerned may conclude

agreements on mutual recognition of the zones and localities they have created. They may for this
purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such
amendments as they may consider necessary.

The Protecting Powers and the International Committee of the Red Cross are invited to lend their

good offices in order to facilitate the institution and recognition of these hospital and safety zones
and localities.

_Article 15_

**Neutralized zones.—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.

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When the Parties concerned have agreed upon the geographical position, administration, food supply

and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by
the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of
the neutralization of the zone.

_Article 16_

**Wounded and sick. I Genera protection.—The wounded and sick, as well as the infirm, and**

expectant mothers, shall be the object of particular protection and respect.

As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to

search for the killed. and wounded, to assist the shipwrecked and other persons exposed to grave danger,
and to protect them against pillage and ill-treatment.

_Article 17_

**II. Evacuation.—The Parties to the conflict shall endeavour to conclude local agreements for the**

removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and
maternity cases, and for the passage of ministers of all religions, medical personnel and medical
equipment on their way to such areas.

_Article 18_

**III. 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.

_Article 19_

**IV. Discontinuance of protection of hospitals.—The protection to which civilian hospitals are**

entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to
the enemy. Protection may however, cease only after due warning has been given, naming, in all
appropriate cases, a reasonable time limit, and after such warning has remained unheeded. The fact that
sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms
and ammunition taken from such combatants which have not yet been handed to the proper service, shall
not be considered to be acts harmful to the enemy.

_Article 20_

**V. Hospital staff.—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 recognisable 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

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bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.

Other personnel who are engaged in the operation and administration of civilian hospitals shall be

entitled to respect and protection and to wear the armlet, as provided in and under the conditions
prescribed in this Article, while they are employed on such duties. The identity card shall state the duties
on which they are employed.

The management of each hospital shall at all times hold at the disposal of the competent national or

occupying authorities an up-to-date list of such personnel.

_Article 21_

**VI. 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.

_Article 22_

**VII. 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.

_Article 23_

**Consignment 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 part 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.

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_Article 24_

**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 safeguard for the
observance of the principles stated in the first paragraph.

They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the

wearing of identity discs or by some other means.

_Article 25_

**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
fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the
National Red Cross (Red Crescent, Red Lion and Sun) Societies.

If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall

be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to
the limitation of the number of these forms despatched to one each month.

_Article 26_

**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 organisations 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_

**Treatment I. General observations.—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.

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_Article 28_

**II. Danger zones.—The presence of a protected person may not be used to render certain points or**

areas immune from military operations.

_Article 29_

**III. 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.

_Article 30_

**Application to Protecting Powers and relief organisations.—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 organisations that might assist them.

These several organisations 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 organisations whose object is to give
spiritual aid or material relief to such persons.

_Article 31_

**Prohibition of coercion.—No physical or moral coercion shall be exercised against protected**

persons, in particular to obtain information from them or from third parties.

_Article 32_

**Prohibition of corporal punishment, torture, etc.—The High Contracting Parties specifically agree**

that each of them is prohibited from taking any measure of such a character as to cause the physical
suffering or extermination of protected persons in their hands. This prohibition applies not only to
murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by
the medical treatment of a protected person, but also to any other measures of brutality whether applied
by civilian or military agents.

_Article 33_

**Individual responsibility, collective penalties, pillage, reprisals.—No protected person may be**

punished for an offence he or she has not personally committed. Collective penalties and likewise all
measures of intimidation or of terrorism are prohibited.

Pillage is prohibited.

Reprisals against protected persons and their property are prohibited.

_Article 34_

**Hostages.—The taking of hostages is prohibited.**

SECTION II

ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT

_Article 35_

**Right to leave the territory.—All protected persons who may desire to leave the territory at the**

outset of, or during a conflict, shall 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.

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If any such person is refused permission to leave the territory, he shall be entitled to have such refusal

reconsidered as soon as possible by an appropriate court or administrative board designated by the
Detaining Power for that purpose.

Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or

the persons concerned object, be furnished with the reasons for refusal of any request for permission to
leave the territory and be given, as expeditiously as possible, the names of all persons who have been
denied permission to leave.

_Article 36_

**Method of repatriation.—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 neutral country, by the Power whose nationals are benefited. The
practical details of such movements may, if necessary, be settled by special agreements between the
Powers concerned.

The foregoing shall not prejudice such special agreements as may be concluded between Parties to the

conflict concerning the exchange and repatriation of their nationals in enemy hands.

_Article 37_

**Persons in confinement.—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.

_Article 38_

**Non-repatriated persons. I. General observations.—With the exception of special measures**

authorised by the present Convention, in particular by Articles 27 and 41 thereof, the situation of
protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time
of peace. In any case, the following rights shall be granted to them:—

(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 authorised to

move from that area to the same extent as the nationals of the State concerned.

(5) Children under fifteen years, pregnant women and mothers of children under seven years shall

benefit by any preferential treatment to the same extent as the nationals of the State concerned.

_Article 39_

**II. Means of existence.—Protected persons who, as a result of the war, have lost their gainful**

employment, shall be granted 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.

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_Article 40_

**III. 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 land of the same safeguards as national workers, in
particular as regards wages, hours of labour, clothing and equipment, previous training and compensation
for occupational accidents and diseases.

If the above provisions are infringed, protected persons shall be allowed to exercise their right of

complaint in accordance with Article 30.

_Article 41_

**IV. Assigned residence Internment.—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 many 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.

_Article 42_

**V. Grounds for internment or assigned residence.—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.

**Voluntary internment.—If any person, acting through the, representatives of the Protecting Power,**

voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by
the Power in whose hands he may be.

_Article 43_

**VI. Procedure.—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 cage, with a view to the favourable amendment of the initial decision, if
circumstances permit.

Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give

the Protecting Power the names of any protected persons who have been interned or subjected to assigned
residence, or who have been released from internment or assigned residence. The decisions of the courts
or boards mentioned in the first paragraph of the present Article shall, also, subject to the same
conditions, be notified as rapidly as possible to the Protecting Power.

_Article 44_

**VII. Refugees.—In applying the measures of control mentioned in the present Convention, the**

Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an
enemy State refugees who do not, in fact, enjoy the protection of any government.

_Article 45_

**VIII. Transfer to another Power.—Protected persons shall not be transferred to a Power which is**

not a party to the Convention.

This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to

their return to their country of residence after the cessation of hostilities.

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Protected persons may be transferred by the Detaining Power only to a Power which is a party to the

present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such
transferee Power to apply the present Convention. If protected persons are transferred under such
circumstances, responsibility for the application of the present Convention rests on the Power accepting
them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the
present Convention in any important respect, the Power by which the protected persons were transferred
shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or
shall request the return of the protected persons. Such request must be complied with.

In no circumstances shall a protected person be transferred to a country where he or she may have

reason to fear persecution for his or her political opinions or religious beliefs.

The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of

extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.

_Article 46_

**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.

SECTION III

OCCUPIED TERRITORIES

_Article 47_

**Inviolability of rights.—Protected persons who are in occupied territory shall not be deprived, in any**

case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as
the result of the occupation of a territory, into the institutions or government of the said territory, nor by
any agreement concluded between the authorities of the occupied territories and the Occupying Power,
nor by any annexation by the latter of the whole or part of the occupied territory.

_Article 48_

**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.

_Article 49_

**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.

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_Article 50_

**Children.—The Occupying Power shall, with the co-operation of the national and local authorities,**

facilitate the proper working of all institutions devoted to the care and education of children.

The Occupying Power shall take all necessary steps to facilitate the identification of children and the

registration of their parentage. It may not, in any case, change their personal status, nor enlist them in
formations or organizations subordinate to it.

Should the local institutions be inadequate for the purpose, the Occupying Power shall make

arrangements for the maintenance and education, if possible by persons of their own nationality, language
and religion, of children who are orphaned or separated from their parents as a result of the war and who
cannot be adequately cared for by a near relative or friend.

A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking

all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near
relatives should always be recorded if available.

The Occupying Power shall not hinder the application of any preferential measures in regard to food,

medical care and protection against the effects of war which may have been adopted prior to the
occupation in favour of children under fifteen years, expectant mothers, and mothers of children under
seven years.

_Article 51_

**Enlistment Labour.—The Occupying Power may not compel protected persons to serve in its armed**

or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.

The Occupying Power may not compel protected persons to work unless they are over eighteen years

of age, and then only on work which is necessary either for the needs of the army of occupation, or for the
public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of
the occupied country. Protected persons may not be compelled to undertake any work which would
involve them in the obligation of taking part in military operations. The Occupying Power may not
compel protected persons to employ forcible means to ensure the security of the installations where they
are performing compulsory labour.

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

been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of
employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and
intellectual capacities. The legislation in force in the occupied country concerning working conditions,
and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary
training and compensation for occupational accidents and diseases, shall be applicable to the protected
persons assigned to the work referred to in this article.

In no case shall requisition of labour lead to a mobilization of workers in an organization of a military

or semi-military character.

_Article 52_

**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.

_Article 53_

**Prohibited destruction.—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.

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_Article 54_

**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.

_Article 55_

**Food and medical supplies for the population.—To the fullest extent of the means available to it,**

the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should,
in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the
occupied territory are inadequate.

The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the

occupied territory, except for use by the occupation forces and administration personnel, and then only if
the requirements of the civilian population have been taken into account. Subject to the provisions of
other international, Conventions, the Occupying Power shall make arrangements to ensure that fair value
is paid for any requisitioned goods.

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical

supplies in occupied territories, except where temporary restrictions are made necessary by imperative
military requirements.

_Article 56_

**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 co-operation of national and local authorities, the
medical and hospital establishments and services, public health and hygiene in the occupied territory, with
particular reference to the adoption and application of the prophylactic and preventive measures necessary
to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be
allowed to carry out their duties.

If new hospitals are set up in occupied territory and if the competent organs of the occupied State are

not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for
in Article 18. In similar circumstances, the occupying authorities shall also grant recognition, to hospital
personnel' and transport vehicles under the provisions of Articles 20 and 21.

In adopting measures of health and hygiene and in their implementation, the Occupying Power shall

take into consideration the moral and ethical susceptibilities of the population of the occupied territory.

_Article 57_

**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 an condition that
suitable, arrangements are made in due time for the care and treatment of, the patients and for the needs of
the civilian population for hospital accommodation.

The material, and stores of civilian hospitals cannot be requisitioned so long as they are necessary for

the needs of the civilian population.

_Article 58_

**Spiritual assistance.—The Occupying Power shall permit ministers of religion to give. spiritual**

assistance for 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,

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.

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The Occupying Power shall not deport or transfer parts of its own civilian population into the territory

it occupies.

_Article 59_

**Relief I. 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.

_Article 60_

**II. 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 Powers shall
in no way whatsoever divert relief consignments from the purpose for which they are intended, except in
cases of urgent necessity, in the interests of the population of the occupied territory and with the consent
of the Protecting Power.

_Article 61_

**III. Distributions.—The distribution of the relief consignments referred to in the foregoing Articles**

shall be carried out with the co-operation and under the supervision of the Protecting Power. This duty
may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a
neutral Power, to the International Committee of the Red Cross or to any other impartial
humanitarian body.

Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties

unless these are necessary in the interests of the economy of the territory. The Occupying Power shall
facilitate the rapid distribution of these consignments.

All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such

relief consignments on their way to occupied territories.

_Article 62_

**IV. 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.

_Article 63_

**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.

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The same principles shall apply to the activities and personnel of special organizations of a

non-military character, which already exist or which may be established, for the purpose of ensuring the
living conditions of the civilian population by the maintenance of the essential public utility services, by
the distribution of relief and by the organization of rescues.

_Article 64_

**Penal legislation. I. General observations.—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 fulfill 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 communications used by them.

_Article 65_

**II. Publication.—The penal provisions enacted by the Occupying Power shall not come into force**

before they have been published and brought to the knowledge of the inhabitants in their own language.
The effect of these penal provisions shall not be retroactive.

_Article 66_

**III. 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.

_Article 67_

**IV. Applicable provisions.—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 proportional to the offence. They shall take into consideration the
fact that the accused is not a national of the Occupying Power.

_Article 68_

**V. Penalties Death penalty.—Protected persons who commit an offence which is solely intended to**

harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of
the occupying forces or administration, nor a grave collective danger, nor seriously damage the property
of the occupying forces or administration or the installations used by them, shall be liable to internment or
simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the
offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only
measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of
the present Convention may at their discretion convert a sentence of imprisonment to one of internment
for the same period.

The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65

may impose the death penalty on a protected person only in cases where the person is guilty of espionage,
of serious acts of sabotage against the military installations of the Occupying Power or of intentional
offences which have caused the death of one or more persons, provided that such offences were
punishable by death under the law of the occupied territory in force before the occupation began.

The death penalty may not be pronounced against a protected person unless the attention of the court

has been particularly called to the fact that since the accused is not a national of the Occupying Power, he
is not bound to it by any duty of allegiance.

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In any case, the death penalty may not be pronounced against a protected person who was under

eighteen years of age at the time of the offence.

_Article 69_

**VI. Deduction from sentence of period spent under arrest.—In all cases, the duration of the period**

during which a protected person accused of an offence is under arrest awaiting trial or punishment shall
be deducted from any period of imprisonment awarded.

_Article 70_

**VII. Offences 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.

_Article 71_

**Penal procedure. I. General observations.—No sentence shall be pronounced by the competent**

courts of the Occupying Power except after a regular trial.

Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing,

in a language which they understand, of the particulars of the charges preferred against them, and shall be
brought to trial as rapidly as possible. The Protecting power shall be informed of all proceedings
instituted by the Occupying Power against protected persons in respect of charges involving the death
penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information
regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to
be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power
against protected persons.

The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent

immediately, and shall in any case reach the Protecting Power three weeks before the date of the first
hearing. Unless at the opening of the trial, evidence is submitted that the provisions of this Article are
fully complied with, the trial shall not proceed. The notification shall include the following particulars:—

(a) description of the accused;

(b) place of residence or detention;

(c) specification. of the charge or charges (with mention of the penal provisions under which

it is brought);

(d) designation of the court which will hear the case;

(e) place and date of the first hearing.

_Article 72_

**II. Right of defence.—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.

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Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both

during preliminary investigation and during the hearing in court. They shall have the right at any time to
object to the interpreter and to ask for his replacement.

_Article 73_

**III. 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.

_Article 74_

**IV. 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.

_Article 75_

**V. Death sentence.—In no case shall persons condemned to death be deprived of the right of petition**

for pardon or reprieve.

No death sentence shall be carried out before the expiration of a period of at least six months from 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 here in prescribed may be reduced in

individual cases in circumstances of grave emergency involving an organized threat to the security of the
Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction
and is given reasonable time and opportunity to make representations to the competent occupying
authorities in respect of such death sentences.

_Article 76_

**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.

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Such persons shall have the right to receive at least one relief parcel monthly.

_Article 77_

**Handing over of detainees at the 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.

_Article 78_

**Security measures. Internment and assigned residence.** 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.

**Right of appeal.—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

CHAPTER I

GENERAL PROVISIONS

_Article 79_

**Cases of internment and applicable provisions.—The Parties to the conflict shall not intern**

protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.

_Article 80_

**Civil capacity.—Internees shall retain their full civil capacity and shall exercise such attendant rights**

as may be compatible with their status.

_Article 81_

**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.

_Article 82_

**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.

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Wherever possible, interned members of the same family shall be housed in the same premises and

given separate accommodation from other internees, together with facilities for leading a proper
family life.

CHAPTER II

PLACES OF INTERNMENT

_Article 83_

**Location of places of internment Marking of camps.—The Detaining Power shall not set up places**

of internment in areas particularly exposed to the dangers of war.

The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting

Powers, all useful information regarding the geographical location of places of internment.

Whenever military considerations permit, internment camps shall be indicated by the letters IC,

placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree
upon any other system of marking. No place other than an internment camp shall be marked as such.

_Article 84_

**Separate internment.—Internees shall be accommodated and administered separately from prisoners**

of war and from persons deprived of liberty for any other reason.

_Article 85_

**Accommodation, hygiene.—The Detaining Power is bound to take all necessary and possible**

measures to ensure that 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 them. Showers or baths shall also be available. The
necessary time shall be set aside for washing and for cleaning.

Whenever it Is necessary, as an exceptional and temporary measure, to accommodate women

internees who are not members of a family unit in the same place of internment as men, the provision of
separate sleeping quarters and sanitary conveniences for the use of such women internees
shall be obligatory.

_Article 86_

**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.

_Article 87_

**Canteens.—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.

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Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment,

and administered for the benefit of the internees attached to such place of internment. The Internee
Committee provided for in Article 102 shall have the right to check the management of the canteen and of
the said fund.

When a place of internment is closed down, the balance of the welfare fund shall be transferred to the

welfare fund of a place of internment for internees of the same nationality, or, if such a place does not
exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the
custody of the Detaining Power. In case of a general release, the said profits shall be kept by the
Detaining Power, subject to any agreement to the contrary between the Powers concerned.

_Article 88_

**Air raid shelters. 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.

CHAPTER III

FOOD AND CLOTHING

_Article 89_

**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.

_Article 90_

**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.

CHAPTER IV

HYGIENE AND MEDICAL ATTENTION

_Article 91_

**Medical attention.—Every place of internment shall have an adequate infirmary, under the direction**

of a qualified 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.

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Maternity cases and internees suffering from serious diseases, or whose conditions require special

treatment, a surgical operation or hospital care, must be admitted to any institution where adequate
treatment can be given and shall receive care not inferior to that provided for the general population.

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

Internees may not be prevented from presenting themselves to the medical authorities for

examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee
who has undergone treatment an official certificate showing the nature of his illness or injury, and the
duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central
Agency provided for in Article 140.

Treatment, including the provision of any apparatus necessary for the maintenance of internees in

good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to
the internee.

_Article 92_

**Medical inspections.—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 general 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_

**Religious duties.—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 religions shall be at liberty to
correspond on matters concerning their ministry with the religious authorities in the country of detention
and, as far as possible, with the international religious organizations of their faith. Such correspondence
shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be
subject to the provisions of Article 112.

When internees do not have at their disposal the assistance of, ministers of their faith, or should these

latter be too few in number, the local religious authorities of the same faith may appoint, in agreement
with the Detaining Power, a minister of the internees‟ faith or, if such a course is feasible from a
denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy
the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all
regulations laid down by the Detaining Power in the interests of discipline and security.

_Article 94_

**Recreation, 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.

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

purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be
reserved for children and young people.

_Article 95_

**Working conditions.—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 Article 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 the free maintenance of
internees and for the medical attention which their state of health may require. Internees permanently
detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages
by the Detaining Power. The working conditions and the scale of compensation for occupational
accidents and diseases to internees, thus detailed shall not be inferior to those applicable to work of the
same nature in the same district.

_Article 96_

**Labour 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 organisations who may visit the places of internment.

CHAPTER VI

PERSONAL PROPERTY AND FINANCIAL RESOURCES

_Article 97_

**Valuables and personal effects.—Internees shall be permitted to retain articles of personal use.**

Monies, cheques, bonds, etc., 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.

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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 an articles or amounts withheld by the Detaining Power
by virtue of its legislation in force. If the property of an internee is so with held, the owner shall receive a
detailed receipt.

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

being given. At no time shall internees be left without identity documents. If they have none, they shall be
issued with special documents drawn up by the detaining authorities, which will serve as their identity
papers until the end of their internment.

Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase

coupons, to enable them to make purchases.

_Article 98_

**Financial resources 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 organisations which may assist them, or their families, as well as the income on
their property in accordance with the law of the Detaining Power. The amount of allowances granted by
the Power to which they owe allegiance shall be the same for each category of internees
(infirm, sick, pregnant 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_

**Camp administration. Posting of the Convention and of orders.—Every place of internment shall**

be put under the authority of a responsible officer, chosen from 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.

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_Article 100_

**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
tatooing or imprinting signs or markings on the body, is prohibited.

In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the

reduction of food rations, are prohibited.

_Article 101_

**Complaints and petitions—Internees shall have the right to present to the authorities in whose**

power they are, any petition with regard to the conditions of internment to which they are subjected.

They shall also have the right to apply without restriction through the Internee Committee or, if they

consider It necessary, direct to the representatives of the Protecting Power, in order to indicate to them
any points on which they may have complaints to make with regard to the conditions of internment.

Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the

latter are recognized to be unfounded they may not occasion any punishment.

Periodic reports on the situation in places of internment and as to the needs of the internees may be

sent by the Internee Committees to the representatives of the Protecting Powers.

_Article 102_

**Internee committee. I. Election of members.—In every Place of internment, the internees shall**

freely elect by secret ballot every six months, the members of a Committee empowered to represent them
before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any
other organization which may assist them. The members of the Committee shall be eligible for
re-election.

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

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

_Article 103_

**II. Duties.—The Internee Committees shall further the physical, spiritual and intellectual well-being**

of the internees.

In case the internees decide. in particular, to organise a system of mutual assistance amongst

themselves, this organisation would be within the competence of the Committees in addition to the
special duties entrusted to them under other provisions of the present Convention.

_Article 104_

**III. Prerogative.—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.

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CHAPTER VIII

RELATIONS WITH THE EXTERIOR

_Article 105_

**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.

_Article 106_

**Internment card.—As soon as he is interned, or at the latest not more than one week after his arrival**

in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to
a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central
Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model
annexed to the present Convention, informing his relatives of his detention, address and state of health.
The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.

_Article 107_

**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.

_Article 108_

**Relief shipments. I. General principles.—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 shipment‟s to be limited, due notice thereof

shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any
other organization giving assistance to the internees and responsible for the forwarding of such shipments.

The conditions for the sending of individual parcels and collective shipments shall, if necessary, be

the subject of special agreements between the Powers concerned, which may in no case delay the receipt
by the internees, of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical
relief supplies shall, as a rule, be sent in collective parcels.

_Article 109_

**II. 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.

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The special agreements provided for above shall in no case restrict the right of Internee Committees

to take possession of collective. relief shipments intended for internees, to undertake their distribution and
to dispose of them in the interests of the recipients.

Nor shall such agreements restrict the right of representatives of the Protecting Powers, the

International Committee of the Red Cross, or any other organization giving assistance to internees and
responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.

_Article 110_

**III. Exemption from postal and transport charges.—All relief shipments for internees shall be**

exempt from import, customs and other dues.

All matter sent by mail, including relief parcels sent by parcel post and remittances of money,

addressed from other countries to internees or despatched by them through the post office, either direct or
through the Information Bureaux provided for in Article 136 and the Central Information Agency
provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and
destination and in intermediate countries. To this end, in particular, the exemption provided by the
Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of
civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other
interned persons protected by the present Convention. The countries not signatory to the above-mentioned
agreements shall be bound to grant freedom from charges in the same circumstances.

The cost of transporting relief shipments which are intended for internees and which, by reason of

their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining
Power in all the territories under its control. Other Powers which are Parties to the present Convention
shall bear the cost of transport in their respective territories.

Costs connected with the transport of such shipments, which are not covered by the above paragraphs,

shall be charged to the senders.

The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams

sent by internees, or addressed to them.

_Article 111_

**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 preclude the granting of safe-conducts, under mutually agreed
conditions, to such means of transport.

The costs occasioned by the use of such means of transport shall. be borne, in proportion to the

importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.

_Article 112_

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**Censorship and examination.—The censoring of correspondence addressed to internees or**

despatched by them shall be done as quickly as possible.

The examination of consignments intended for internees shall not be carried out under conditions that

will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee,
or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective
consignments shall not be delayed under the pretext of difficulties of censorship.

Any prohibition of correspondence ordered by the parties to the conflict either for military or political

reasons, shall be only temporary and its duration shall be as short as possible.

_Article 113_

**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
document 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.

_Article 114_

**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.

_Article 115_

**Facilities for reparation 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 any way prejudiced, by reason of his internment, as regards the preparation and conduct of his
case or as regards the execution of any judgment of the court.

_Article 116_

**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.

CHAPTER IX

PENAL AND DISCIPLINARY SANCTIONS

_Article 117_

**General provisions. Applicable legislation.—Subject to the provisions of the present Chapter,**

the laws. in force, in the territory in which they are detained will continue to apply to internees who
commit offences during internment.

If general laws, regulations or orders declare acts committed by internees to be punishable, whereas

the same acts are not punishable when committed by persons who are not internees, such acts shall entail
disciplinary punishments only.

No internee may be punished more than once for the same act, or on the same count.

_Article 118_

**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

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prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply
the minimum sentence prescribed.

Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are

forbidden.

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

other internees.

The duration of preventive detention undergone by an internee shall be deducted from any

disciplinary or judicial penalty involving confinement to which he may be sentenced.

Internee Committees shall be informed of all judicial proceedings instituted against internees whom

they represent, and of their result.

_Article 119_

**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 if Article 95 during a period of not more than thirty days.

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

present Convention.

(3) Fatigue duties, not exceeding two hours daily, In connection with the maintenance of the

place of internment.

(4) Confinement.

In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees.

Account shall be taken of the internee‟s age, sex and state of health.

The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days,

even if the internee is answerable for several breaches of discipline when his case is dealt with, whether
such breaches are connected or not.

_Article 120_

**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 is a repeated offence,

Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to

escape, may be subjected to special surveillance, on condition that such surveillance does not affect the
state of their health, that it is exercised in a place of internment and that it does not entail the abolition of
any of the safeguards granted by the present Convention.

Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary

punishment only.

_Article 121_

**Connected offences.—Escape, or attempt to escape, even if it is a repeated offence, shall not be**

deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed
during his escape.

The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding

whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in
respect of acts committed in connection with an escape, whether successful or not.

_Article 122_

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**Investigations. 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 case of offences against discipline, confinement awaiting trial shall be reduced to an absolute

minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted
from any sentence of confinement. The provisions of Articles 124 and 125 shall apply to internees who
are in confinement awaiting trial for offences against discipline.

_Article 123_

**Competent authorities, Procedure.—Without prejudice to the competence of courts and higher**

authorities, disciplinary punishment may be ordered only by the command ant of the place of internment,
or by a responsible officer or official who replaces him, or to whom he has delegated his
disciplinary powers.

Before any disciplinary punishment is awarded, the accused internee shall be given precise

information regarding the offences of which he is accused, and given an opportunity of explaining his
conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have
recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the
presence of the accused and of a member of the Internee Committee.

The period elapsing between the time of award of a disciplinary punishment and its execution shall

not exceed one month.

When an internee is awarded a further disciplinary punishment, a period of at least three days shall

elapse between the execution of any two of the punishments, if the duration of one of these Is ten
days or more.

A record of disciplinary punishments shall be maintained by the commandant of the place of

internment and shall be open to inspection by representatives of the Protecting Power.

_Article 124_

**Premises for disciplinary punishments.—Internees shall not in any case be transferred to**

penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary
punishment therein.

The premises in which disciplinary punishments are undergone shall conform to sanitary

requirements; they shall in particular be provided with adequate bedding. Internees undergoing
punishment shall be enabled to keep themselves in a state of cleanliness.

Women internees undergoing disciplinary punishment shall be confined in separate quarters from

male internees and shall be under the immediate supervision of women.

_Article 125_

**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.

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_Article 126_

**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.

CHAPTER X

TRANSFERS OF INTERNEES

_Article 127_

**Conditions.—The transfer of internees shall always be effected humanely. As a general rule, it shall**

be carried out 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 attentions. The Detaining Power shall take all suitable
precautions to ensure their safety during transfer, and shall establish before their departure a complete list
of all internees transferred.

Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be

seriously detrimental to them, unless their safety imperatively so demands.

If the combat zone draws close to a place of internment, the internees in the said place shall not be

transferred unless their removal can be carried out in adequate conditions of safety, or unless they are
exposed to greater risks by remaining on the spot than by being transferred.

When making decisions regarding the transfer of internees, the Detaining Power shall take their

interests into account and, in particular, shall not do anything to increase the difficulties of repatriating
them or returning them to their own homes.

_Article 128_

**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.

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.

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CHAPTER XI

DEATHS

_Article 129_

**Wills. Death certificates.—The wills of internees shall be received for safe-keeping by the**

responsible authorities; and in the event of the death of an internee his will shall be transmitted without
delay to a person whom he has previously designated.

Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made

out, showing the causes of death and the conditions under which it occurred.

An official record of the death, duly registered, shall be drawn up in accordance with the procedure

relating thereto in force in the territory where the place of internment is situated, and a duly certified copy
of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency
referred to in Article 140.

_Article 130_

**Burial Cremation.—The detaining authorities shall ensure that internees who die while interned are**

honourably buried, it 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.

_Article 131_

**Internees killed or injured in special circumstances.—Every death or serious injury of an internee,**

caused or suspected to have been caused by a 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_

**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

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neutral country of certain classes of internees, in particular children, pregnant women and mothers with
infants and young children, wounded and sick, and internees who have been detained for a long time.

_Article 133_

**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.

_Article 134_

**Repatriation and return to last place of residence.—The High Contracting Parties shall endeavour,**

upon the close of hostilities or occupation, to ensure the return of all internees to their last place of
residence, or to facilitate their repatriation.

_Article 135_

**Costs.—The Detaining Power shall bear the expense of returning released internees to the places**

where 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_

**National Bureaux.—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.

_Article 137_

**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

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and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all
enquiries which may be received regarding protected persons.

Information Bureaux shall transmit information concerning a protected person unless its transmission

might be detrimental to the person concerned or to his or her relatives. Even in such a case, the
information may not be withheld from the Central Agency which, upon being notified of the
circumstances, will take the necessary precautions indicated in Article 140.

All communications in writing made by any Bureau shall be authenticated by a signature or a seal.

_Article 138_

**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.

_Article 139_

**Forwarding of person 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.

_Article 140_

**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.

_Article 141_

**Exemption from charges.—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

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PART IV

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

_Article 142_

**Relief societies and other organizations.—Subject to the measures which the Detaining Powers may**

consider essential to ensure their security or to meet any other reasonable need, the representatives of
religious organisations, relief societies, or any other organizations assisting the protected persons, shall
receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the
protected persons, for distributing relief supplies and material from any source, intended for educational,
recreational or religious purposes, or for assisting them in organizing their leisure time within the places
of internment. Such societies or organizations may be constituted in the territory of the Detaining Power,
or in any other country, or they may have an International character.

The Detaining Power may limit the number of societies and organizations whose delegates are

allowed to carry out their activities in its territory and under its supervision, on condition, however, that
such limitation shall not hinder the supply of effective and adequate relief to all protected persons.

The special position of the International Committee of the Red Cross in this field shall be recognized

and respected at all times.

_Article 143_

**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.

_Article 144_

**Dissemination of the Convention.—The High Contacting 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 principle thereof may become known to the entire population.

Any civilian, military, police or other authorities, who in time of war assume responsibilities in

respect of protected persons, must possess the text of the Convention and be specially instructed as to
its provisions.

_Article 145_

**Translations. Rules of application.—The High Contracting Parties shall communicate to one**

another through the Swiss Federal Council and, during hostilities, through the Protection Powers, the
official translations of the present Convention, as well as the laws and regulations which they may adopt
to ensure the application thereof.

_Article 146_

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**Penal sanctions I. General observations.—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 do 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 measure 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 circumstance, the accused persons shall benefit by safeguards of proper trial and defence which

shall not be less favourable than those provided by Article 105 and those following of the Geneva
Convention relative to the Treatment of Prisoners of War of August 12, 1949.

_Article 147_

**II. Grave breaches.—Grave breaches to which the preceding Article relates shall be those involving**

any of the following acts, if committed against persons or property protected by the present Convention:
wilful killing torture or inhuman treatment, including biological experiments, wilfully causing great
suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of
a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully
depriving a protected person of the rights of fair and regular trial prescribed in the present Convention,
taking of hostages and extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly.

_Article 148_

**III. 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 of by another
High Contracting Party in respect of breaches referred to in the preceding Article.

_Article 149_

**Enquiry procedure.—At the request of a Party to the conflict, an enquiry shall be instituted, in a**

manner to be decided 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_

**Languages.—The present Convention is established in English and in French. Both texts are**

equally authentic.

The Swiss Federal Council shall arrange for official translations of the Convention to be made in the

Russian and Spanish languages.

_Article 151_

**Signature.—The present Convention, which bears the date of this day, is open to signature until**

February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on
April 21,1949.

_Article 152_

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**Ratifications.—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.

_Article153_

**Coming into force.—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.

_Article 154_

**Relation with the Hague Conventions.—In the relations between the Powers who are bound by the**

Hague Conventions respecting the Laws and Customs of War on Land, whether that of July 29, 1899,or
that of October 18, 1907, and who are parties to the present Convention, this last Convention shall be
supplementary to Sections II and III of the Regulations annexed to the above mentioned Conventions of
the Hague.

_Article 155_

**Accession.—From the date of its coming into force, it shall be open to any Power whose name the**

present Convention has not been signed, to accede to this Convention.

_Article 156_

**Notification of accessions.—Accessions shall be notified in writing to the Swiss Federal Council,**

and shall take effect six 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.

_Article 157_

**Immediate effect.—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 the Parties to conflict.

_Article 158_

**Denunciation.—Each of the High Contracting Parties shall be at liberty to denounce the**

present Convention.

The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to

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 fulfill 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.

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_Article 159_

**Registration with the United Nations.—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.

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