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The Geneva convention 1949

IV

GENEVA CONVENTION

RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS

IN TIME OF WAR OF 12 AUGUST 1949

PART I

General Provisions

Article 1 Respect for the Convention ....................................................... 169

Article 2 Application of the Convention .................................................. 169

Article 3 Conflicts not of an international character ............................... 169

Article 4 Definition of protected persons ................................................ 170

Article 5 Derogations................................................................................ 171

Article 6 Beginning and end of application ............................................. 171

Article 7 Special agreements..................................................................... 171

Article 8 Non-renunciation of rights........................................................ 172

Article 9 Protecting Powers ...................................................................... 172

Article 10 Activities of the International Committee of the Red Cross .... 172

Article 11 Substitutes for Protecting Powers .............................................. 172

Article 12 Conciliation procedure.............................................................. 173

PART II

General Protection of Populations against certain Consequences ofWar

Article 13 Field of application of Part II..................................................... 174

Article 14 Hospital and safety zones and localities.................................... 174

Article 15 Neutralized zones....................................................................... 174

Article 16 Wounded and sick: I.General protection.................................. 175

Article 17 II. Evacuation ............................................................................. 175

Article 18 III. Protection of hospitals ......................................................... 175

Article 19 IV.Discontinuance of protection of hospitals........................... 176

Article 20 V.Hospital staff .......................................................................... 176

Article 21 VI. Land and sea transport ........................................................ 176

Article 22 VII. Air transport ....................................................................... 177

Article 23 Consignments of medical supplies, food and clothing............. 177

Article 24 Measures relating to child welfare ............................................. 178

Article 25 Family news................................................................................ 178

Article 26 Dispersed families...................................................................... 178

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 ........................................... 179

Article 28 II. Danger zones ......................................................................... 179

Article 29 III. Responsibilities .................................................................... 180

Article 30 Application to Protecting Powers and relief organizations....... 180

Article 31 Prohibition of coercion.............................................................. 180

Article 32 Prohibition of corporal punishment, torture, etc...................... 180

Article 33 Individual responsibility, collective penalties, pillage, reprisals 180

Article 34 Hostages ..................................................................................... 180

SECTION II – Aliens in the Territory of a Party to the Conflict

Article 35 Right to leave the territory......................................................... 181

Article 36 Method of repatriation .............................................................. 181

Article 37 Persons in confinement ............................................................. 181

Article 38 Non-repatriated persons: I. General observations.................... 182

Article 39 II.Means of existence................................................................. 182

Article 40 III.Employment......................................................................... 182

Article 41 IV.Assigned residence. Internment ........................................... 183

Article 42 V.Grounds for internment or assigned residence.

Voluntary internment ................................................................ 183

Article 43 VI. Procedure ............................................................................. 183

Article 44 VII. Refugees .............................................................................. 184

Article 45 VIII. Transfer to another Power................................................. 184

Article 46 Cancellation of restrictive measures.......................................... 184

SECTION III – Occupied Territories

Article 47 Inviolability of rights ................................................................. 185

Article 48 Special cases of repatriation ...................................................... 185

Article 49 Deportations, transfers, evacuations ......................................... 185

Article 50 Children ..................................................................................... 186

Article 51 Enlistment. Labour .................................................................... 186

Article 52 Protection of workers................................................................. 187

Article 53 Prohibited destruction............................................................... 187

Article 54 Judges and public officials ......................................................... 187

Article 55 Food and medical supplies for the population ......................... 187

Article 56 Hygiene and public health ......................................................... 188

Article 57 Requisition of hospitals ............................................................. 188

Article 58 Spiritual assistance..................................................................... 188

Article 59 Relief: I. Collective relief ............................................................ 188

164 CONTENTS

Article 60 II. Responsibilities of the Occupying Power ............................ 189

Article 61 III. Distribution.......................................................................... 189

Article 62 IV. Individual relief..................................................................... 189

Article 63 National Red Cross and other relief societies ........................... 189

Article 64 Penal legislation: I. General observations.................................. 190

Article 65 II. Publication............................................................................. 190

Article 66 III. Competent courts ................................................................ 190

Article 67 IV.Applicable provisions ........................................................... 190

Article 68 V. Penalties. Death penalty......................................................... 191

Article 69 VI.Deduction from sentence of period spent under arrest...... 191

Article 70 VII. Offences committed before occupation............................. 191

Article 71 Penal procedure: I. General observations.................................. 192

Article 72 II. Right of defence..................................................................... 192

Article 73 III. Right of appeal ..................................................................... 193

Article 74 IV.Assistance by the Protecting Power...................................... 193

Article 75 V. Death sentence ....................................................................... 193

Article 76 Treatment of detaineesinfo-icon............................................................... 194

Article 77 Handing over of detainees at the close of occupation .............. 194

Article 78 Security measures. Internment and assigned residence.

Right of appeal ........................................................................... 194

SECTION IV – Regulations for the Treatment of Internees

CHAPTER I – GENERAL PROVISIONS

Article 79 Cases of internment and applicable provisions ........................ 195

Article 80 Civil capacity.............................................................................. 195

Article 81 Maintenance............................................................................... 195

Article 82 Grouping of internees................................................................ 195

CHAPTER II – PLACES OF INTERNMENT

Article 83 Location of places of internment.Marking of camps ............... 196

Article 84 Separate internment................................................................... 196

Article 85 Accommodation, hygiene .......................................................... 196

Article 86 Premises for religious services................................................... 197

Article 87 Canteens..................................................................................... 197

Article 88 Air raid shelters. Protective measures........................................ 198

CHAPTER III – FOOD AND CLOTHING

Article 89 Food ........................................................................................... 198

Article 90 Clothing...................................................................................... 198

CHAPTER IV – HYGIENE AND MEDICAL ATTENTION

Article 91 Medical attention ....................................................................... 199

CONTENTS 165

Article 92 Medical inspections ................................................................... 199

CHAPTER V – RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES

Article 93 Religious duties .......................................................................... 200

Article 94 Recreation, study, sports and games.......................................... 200

Article 95 Working conditions ................................................................... 201

Article 96 Labour detachments .................................................................. 201

CHAPTER VI – PERSONAL PROPERTY AND FINANCIAL RESOURCES

Article 97 Valuables and personal effects ................................................... 202

Article 98 Financial resources and individual accounts ............................ 203

CHAPTER VII –ADMINISTRATION AND DISCIPLINE

Article 99 Camp administration.

Posting of the Convention and of orders .................................. 203

Article 100 General discipline ...................................................................... 204

Article 101 Complaints and petitions .......................................................... 204

Article 102 Internee committees: I. Election of members .......................... 204

Article 103 II. Duties..................................................................................... 205

Article 104 III. Prerogatives .......................................................................... 205

CHAPTER VIII – RELATIONS WITH THE EXTERIOR

Article 105 Notification of measures taken.................................................. 205

Article 106 Internment card ......................................................................... 206

Article 107 Correspondence......................................................................... 206

Article 108 Relief shipments: I. General principles...................................... 206

Article 109 II. Collective relief ...................................................................... 207

Article 110 III. Exemption from postal and transport charges ................... 207

Article 111 Special means of transport ........................................................ 208

Article 112 Censorship and examination..................................................... 208

Article 113 Execution and transmission of legal documents ...................... 209

Article 114 Management of property........................................................... 209

Article 115 Facilities for preparation and conduct of cases......................... 209

Article 116 Visits........................................................................................... 209

CHAPTER IX – PENAL AND DISCIPLINARY SANCTIONS

Article 117 General provisions.Applicable legislation ................................ 209

Article 118 Penalties ..................................................................................... 210

Article 119 Disciplinary punishments.......................................................... 210

Article 120 Escapes ....................................................................................... 210

Article 121 Connected offences.................................................................... 211

Article 122 Investigations. Confinement awaiting hearing.......................... 211

166 CONTENTS

Article 123 Competent authorities. Procedure............................................. 211

Article 124 Premises for disciplinary punishments ..................................... 212

Article 125 Essential safeguards ................................................................... 212

Article 126 Provisions applicable to judicial proceedings ........................... 212

CHAPTER X – TRANSFERS OF INTERNEES

Article 127 Conditions.................................................................................. 213

Article 128 Method....................................................................................... 213

CHAPTER XI – DEATHS

Article 129 Wills. Death certificates ............................................................. 214

Article 130 Burial. Cremation....................................................................... 214

Article 131 Internees killed or injured in special circumstances................. 215

CHAPTER XII – RELEASE, REPATRIATION AND ACCOMMODATION IN

NEUTRAL COUNTRIES

Article 132 During hostilities or occupation ............................................... 215

Article 133 After the close of hostilities ....................................................... 215

Article 134 Repatriation and return to last place of residence .................... 216

Article 135 Costs........................................................................................... 216

SECTION V – Information Bureaux and Central Agency

Article 136 National Bureaux ....................................................................... 216

Article 137 Transmission of information..................................................... 217

Article 138 Particulars required ................................................................... 217

Article 139 Forwarding of personal valuables.............................................. 217

Article 140 Central Agency........................................................................... 218

Article 141 Exemption from charges........................................................... 218

PART IV

Execution of the Convention

SECTION I – General Provisions

Article 142 Relief societies and other organizations.................................... 219

Article 143 Supervision ................................................................................ 219

Article 144 Dissemination of the Convention ............................................. 220

Article 145 Translations. Rules of application.............................................. 220

Article 146 Penal sanctions: I.General observations................................... 220

Article 147 II.Grave breaches....................................................................... 221

Article 148 III. Responsibilities of the Contracting Parties ......................... 221

Article 149 Enquiry procedure..................................................................... 221

CONTENTS 167

SECTION II – Final Provisions

Article 150 Languages................................................................................... 221

Article 151 Signature .................................................................................... 222

Article 152 Ratification................................................................................. 222

Article 153 Coming into force ...................................................................... 222

Article 154 Relation with the Hague Conventions....................................... 222

Article 155 Accession.................................................................................... 222

Article 156 Notification of accessions .......................................................... 222

Article 157 Immediate effect ........................................................................ 222

Article 158 Denunciation ............................................................................. 223

Article 159 Registration with the United Nations........................................ 223

ANNEX I

Draft Agreement relating to Hospital and Safety Zones and Localities............ 224

ANNEX II

Draft Regulations concerning Collective Relief................................................. 227

ANNEX III

I. Internment Card.............................................................................................. 229

II. Letter .............................................................................................................. 230

III. Correspondence Card .................................................................................. 231

168 CONTENTS

IV

GENEVA CONVENTION

RELATIVE TO THE PROTECTION OF CIVILIAN

PERSONS IN TIME OF WAR OF 12 AUGUST 1949

PART I

GENERAL PROVISIONS

Article 1. — The High Contracting Parties undertake to respect

and to ensure respect for the present Convention in all

circumstances.

ART. 2. — 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.

ART. 3. — 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

Respect

for the

Convention1

Application

of the

Convention

Conflicts

not of an

international

character

1 The marginal notes or titles of articles have been drafted by the Swiss Federal

Department of Foreign Affairs.

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.

ART. 4. — 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 persons a Party to

the conflict or Occupying Power of which they are not nationals.

Nationals of a State which is not bound by the Convention are not

protected by it. Nationals of a neutral State who find themselves in

the territory of a belligerent State, and nationals of a co-belligerent

State, shall not be regarded as protected persons while the State of

which they are nationals has normal diplomatic representation in

the State in whose hands they are.

The provisions of Part II are, however, wider in application, as

defined in Article 13.

Persons protected by the Geneva Convention for the

Amelioration of the Condition of the Wounded and Sick in Armed

Forces in the Field of August 12, 1949, or by the Geneva Convention

for the Amelioration of the Condition of Wounded, Sick and

Shipwrecked Members of Armed Forces at Sea of August 12, 1949,

170 FOURTH GENEVA CONVENTION OF 1949

Definition of

protected

persons

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.

ART. 5. — Where, in the territory of a Party to the conflict, the

latter is satisfied that an individual protected person is definitely

suspected of or engaged in activities hostile to the security of the

State, such individual person shall not be entitled to claim such

rights and privileges under the present Convention as would, if

exercised in the favour of such individual person, be prejudicial to

the security of such State.

Where in occupied territory an individual protected person is

detained as a spy or saboteur,or as a person under definite suspicion

of activity hostile to the security of the Occupying Power, such

person shall, in those cases where absolute military security so

requires, be regarded as having forfeited rights of communication

under the present Convention.

In each case, such persons shall nevertheless be treated with

humanity, and in case of trial, shall not be deprived of the rights of

fair and regular trial prescribed by the present Convention.They shall

also be granted the full rights and privileges of a protected person

under the present Convention at the earliest date consistent with the

security of the State or Occupying Power, as the case may be.

ART. 6. — 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 reestablishment

may take place after such dates shall meanwhile

continue to benefit by the present Convention.

ART. 7. — 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

PROTECTION OF CIVILIAN PERSONS 171

Derogations

Beginning

and end of

application

Special

agreements

separate provision. No special agreement shall adversely affect the

situation of protected persons, as defined by the present

Convention, nor restrict the rights which it confers upon them.

Protected persons shall continue to have the benefit of such

agreements as long as the Convention is applicable to them, except

where express provisions to the contrary are contained in the

aforesaid or in subsequent agreements, or where more favourable

measures have been taken with regard to them by one or other of the

Parties to the conflict.

ART. 8. — 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.

ART. 9. — The present Convention shall be applied with the cooperation

and under the scrutiny of the Protecting Powers whose

duty it is to safeguard the interests of the Parties to the conflict. For

this purpose, the Protecting Powers may appoint, apart from their

diplomatic or consular staff, delegates from amongst their own

nationals or the nationals of other neutral Powers. The said

delegates shall be subject to the approval of the Power with which

they are to carry out their duties.

The Parties to the conflict shall facilitate to the greatest extent

possible the task of the representatives or delegates of the Protecting

Powers.

The representatives or delegates of the Protecting Powers shall

not in any case exceed their mission under the present Convention.

They shall, in particular, take account of the imperative necessities

of security of the State wherein they carry out their duties.

ART. 10. — The provisions of the present Convention constitute

no obstacle to the humanitarian activities which the International

Committee of the Red Cross or any other impartial humanitarian

organization may, subject to the consent of the Parties to the conflict

concerned, undertake for the protection of civilian persons and for

their relief.

ART. 11. — The High Contracting Parties may at any time agree

to entrust to an international organization which offers all

guarantees of impartiality and efficacy the duties incumbent on the

Protecting Powers by virtue of the present Convention.

When persons protected by the present Convention do not

benefit or cease to benefit, no matter for what reason, by the

172 FOURTH GENEVA CONVENTION OF 1949

Nonrenunciation

of rights

Protecting

Powers

Substitutes

for Protecting

Powers

Activities

of the

International

Committee of

the Red Cross

activities of a Protecting Power or of an organization provided for in

the first paragraph above, the Detaining Power shall request a

neutral State, or such an organization, to undertake the functions

performed under the present Convention by a Protecting Power

designated by the Parties to a conflict.

If protection cannot be arranged accordingly, the Detaining

Power shall request or shall accept, subject to the provisions of this

Article, the offer of the services of a humanitarian organization,

such as the International Committee of the Red Cross, to assume the

humanitarian functions performed by Protecting Powers under the

present Convention.

Any neutral Power or any organization invited by the Power

concerned or offering itself for these purposes, shall be required to

act with a sense of responsibility towards the Party to the conflict on

which persons protected by the present Convention depend, and

shall be required to furnish sufficient assurances that it is in a

position to undertake the appropriate functions and to discharge

them impartially.

No derogation from the preceding provisions shall be made by

special agreements between Powers one of which is restricted, even

temporarily, in its freedom to negotiate with the other Power or its

allies by reason of military events, more particularly where the

whole, or a substantial part, of the territory of the said Power is

occupied.

Whenever in the present Convention mention is made of a

Protecting Power, such mention applies to substitute organizations

in the sense of the present Article.

The provisions of this Article shall extend and be adapted to

cases of nationals of a neutral State who are in occupied territory or

who find themselves in the territory of a belligerent State in which

the State of which they are nationals has not normal diplomatic

representation.

ART. 12. — 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

PROTECTION OF CIVILIAN PERSONS 173

Conciliation

procedure

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

ART. 13. — The provisions of Part II cover the whole of the

populations of the countries in conflict, without any adverse

distinction based, in particular, on race, nationality, religion or

political opinion, and are intended to alleviate the sufferings caused

by war.

ART. 14. — In time of peace, the High Contracting Parties and,

after the outbreak of hostilities, the Parties thereto, may establish in

their own territory and, if the need arises, in occupied areas,

hospital and safety zones and localities so organized as to protect

from the effects of war, wounded, sick and aged persons, children

under fifteen, expectant mothers and mothers of children under

seven.

Upon the outbreak and during the course of hostilities, the

Parties concerned may conclude agreements on mutual recognition

of the zones and localities they have created. They may for this

purpose implement the provisions of the Draft Agreement annexed

to the present Convention, with such amendments as they may

consider necessary.

The Protecting Powers and the International Committee of the

Red Cross are invited to lend their good offices in order to facilitate

the institution and recognition of these hospital and safety zones

and localities.

ART. 15. — 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;

174 FOURTH GENEVA CONVENTION OF 1949

Field of

application

of Part II

Hospital and

safety zones

and localities

Neutralized

zones

b) civilian persons who take no part in hostilities, and who,

while they reside in the zones, perform no work of a military

character.

When the Parties concerned have agreed upon the geographical

position, administration, food supply and supervision of the

proposed neutralized zone, a written agreement shall be concluded

and signed by the representatives of the Parties to the conflict. The

agreement shall fix the beginning and the duration of the

neutralization of the zone.

ART. 16. — 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.

ART. 17. — 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.

ART. 18. — 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.

PROTECTION OF CIVILIAN PERSONS 175

Wounded

and sick

I.

General

protection

II.

Evacuation

III.

Protection

of hospitals

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.

ART. 19.— The protection to which civilian hospitals are entitled

shall not cease unless they are used to commit, outside their

humanitarian duties, acts harmful to the enemy. Protection may,

however, cease only after due warning has been given, naming, in all

appropriate cases, a reasonable time limit, and after such warning

has remained unheeded.

The fact that sick or wounded members of the armed forces are

nursed in these hospitals, or the presence of small arms and

ammunition taken from such combatants and not yet handed to the

proper service, shall not be considered to be acts harmful to the

enemy.

ART. 20. — Persons regularly and solely engaged in the operation

and administration of civilian hospitals, including the personnel

engaged in the search for, removal and transporting of and caring

for wounded and sick civilians, the infirm and maternity cases, shall

be respected and protected.

In occupied territory and in zones of military operations, the

above personnel shall be recognizable by means of an identity card

certifying their status, bearing the photograph of the holder and

embossed with the stamp of the responsible authority, and also by

means of a stamped,water-resistant armlet which they shall wear on

the left arm while carrying out their duties. This armlet shall be

issued by the State and shall bear the emblem provided for in

Article 38 of the Geneva Convention for the Amelioration of the

Condition of the Wounded and Sick in Armed Forces in the Field of

August 12, 1949.

Other personnel who are engaged in the operation and

administration of civilian hospitals shall be entitled to respect and

protection and to wear the armlet, as provided in and under the

conditions prescribed in this Article, while they are employed on

such duties.The identity card shall state the duties on which they are

employed.

The management of each hospital shall at all times hold at the

disposal of the competent national or occupying authorities an upto-

date list of such personnel.

ART. 21. — 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

176 FOURTH GENEVA CONVENTION OF 1949

IV.

Discontinuance

of

protection

of hospitals

V.

Hospital staff

VI.

Land and sea

transport

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.

ART. 22. — 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.

ART. 23. — Each High Contracting Party shall allow the free

passage of all consignments of medical and hospital stores and

objects necessary for religious worship intended only for civilians of

another High Contracting Party, even if the latter is its adversary. It

shall likewise permit the free passage of all consignments of

essential foodstuffs, clothing and tonics intended for children under

fifteen, expectant mothers and maternity cases.

The obligation of a High Contracting Party to allow the free

passage of the consignments indicated in the preceding paragraph

is subject to the condition that this Party is satisfied that there are no

serious reasons for fearing:

a) that the consignments may be diverted from their destination,

b) that the control may not be effective, or

c) that a definite advantage may accrue to the military efforts or

economy of the enemy through the substitution of the abovementioned

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

PROTECTION OF CIVILIAN PERSONS 177

VII.

Air transport

Consignments

of medical

supplies, food

and clothing

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.

ART. 24. — The Parties to the conflict shall take the necessary

measures to ensure that children under fifteen,who are orphaned or

are separated from their families as a result of the war, are not left to

their own resources,and that their maintenance, the exercise of their

religion and their education are facilitated in all circumstances.

Their education shall, as far as possible, be entrusted to persons of a

similar cultural tradition.

The Parties to the conflict shall facilitate the reception of such

children in a neutral country for the duration of the conflict with the

consent of the Protecting Power, if any, and under due safeguards for

the observance of the principles stated in the first paragraph.

They shall, furthermore, endeavour to arrange for all children

under twelve to be identified by the wearing of identity discs, or by

some other means.

ART. 25. — 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.

ART. 26. — Each Party to the conflict shall facilitate enquiries

made by members of families dispersed owing to the war, with the

178 FOURTH GENEVA CONVENTION OF 1949

Measures

relating to

child welfare

Family news

Dispersed

families

object of renewing contact with one another and of meeting, if

possible. It shall encourage, in particular, the work of organizations

engaged on this task provided they are acceptable to it and conform

to its security regulations.

PART III

STATUS AND TREATMENT OF PROTECTED PERSONS

SECTION I

PROVISIONS COMMON TO THE TERRITORIES

OF THE PARTIES TO THE CONFLICT

AND TO OCCUPIED TERRITORIES

ART. 27. — Protected persons are entitled, in all circumstances, to

respect for their persons, their honour, their family rights, their

religious convictions and practices, and their manners and customs.

They shall at all times be humanely treated, and shall be protected

especially against all acts of violence or threats thereof and against

insults and public curiosity.

Women shall be especially protected against any attack on their

honour, in particular against rape, enforced prostitution, or any

form of indecent assault.

Without prejudice to the provisions relating to their state of

health, age and sex, all protected persons shall be treated with the

same consideration by the Party to the conflict in whose power they

are, without any adverse distinction based, in particular, on race,

religion or political opinion.

However, the Parties to the conflict may take such measures of

control and security in regard to protected persons as may be

necessary as a result of the war.

ART. 28. — The presence of a protected person may not be used

to render certain points or areas immune from military operations.

PROTECTION OF CIVILIAN PERSONS 179

Treatment

I.

General

observations

II.

Danger zones

ART. 29. — 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.

ART. 30. — Protected persons shall have every facility for making

application to the Protecting Powers, the International Committee

of the Red Cross, the National Red Cross (Red Crescent, Red Lion

and Sun) Society of the country where they may be, as well as to any

organization that might assist them.

These several organizations shall be granted all facilities for that

purpose by the authorities, within the bounds set by military or

security considerations.

Apart from the visits of the delegates of the Protecting Powers

and of the International Committee of the Red Cross, provided for

by Article 143, the Detaining or Occupying Powers shall facilitate as

much as possible visits to protected persons by the representatives

of other organizations whose object is to give spiritual aid or

material relief to such persons.

ART. 31. — No physical or moral coercion shall be exercised

against protected persons, in particular to obtain information from

them or from third parties.

ART. 32. — 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.

ART. 33. — 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.

ART. 34. — The taking of hostages is prohibited.

180 FOURTH GENEVA CONVENTION OF 1949

III.

Responsibilities

Application

to Protecting

Powers and

relief

organizations

Prohibition

of coercion

Prohibition

of corporal

punishment,

torture, etc.

Individual

responsibility,

collective

penalties,

pillage,

reprisals

Hostages

SECTION II

ALIENS IN THE TERRITORY

OF A PARTY TO THE CONFLICT

ART. 35. — All protected persons who may desire to leave the

territory at the outset of, or during a conflict, shall be entitled to do

so, unless their departure is contrary to the national interests of the

State. The applications of such persons to leave shall be decided in

accordance with regularly established procedures and the decision

shall be taken as rapidly as possible. Those persons permitted to

leave may provide themselves with the necessary funds for their

journey and take with them a reasonable amount of their effects and

articles of personal use.

If any such person is refused permission to leave the territory, he

shall be entitled to have 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.

ART. 36. — Departures permitted under the foregoing Article

shall be carried out in satisfactory conditions as regards safety,

hygiene, sanitation and food. All costs in connection therewith,

from the point of exit in the territory of the Detaining Power, shall

be borne by the country of destination, or, in the case of

accommodation in a neutral country, by the Power whose nationals

are benefited. The practical details of such movements may, if

necessary, be settled by special agreements between the Powers

concerned.

The foregoing shall not prejudice such special agreements as may

be concluded between Parties to the conflict concerning the

exchange and repatriation of their nationals in enemy hands.

ART. 37. — Protected persons who are confined pending

proceedings or serving a sentence involving loss of liberty, shall

during their confinement be humanely treated.

As soon as they are released, they may ask to leave the territory in

conformity with the foregoing Articles.

PROTECTION OF CIVILIAN PERSONS 181

Right to leave

the territory

Method of

repatriation

Persons in

confinement

ART. 38. — With the exception of special measures authorized by

the present Convention, in particular by Articles 27 and 41 thereof,

the situation of protected persons shall continue to be regulated, in

principle, by the provisions concerning aliens in time of peace. In

any case, the following rights shall be granted to them:

1) They shall be enabled to receive the individual or collective

relief that may be sent to them.

2) They shall, if their state of health so requires, receive medical

attention and hospital treatment to the same extent as the

nationals of the State concerned.

3) They shall be allowed to practise their religion and to receive

spiritual assistance from ministers of their faith.

4) If they reside in an area particularly exposed to the dangers of

war, they shall be authorized to move from that area to the

same extent as the nationals of the State concerned.

5) Children under fifteen years, pregnant women and mothers

of children under seven years shall benefit by any preferential

treatment to the same extent as the nationals of the State

concerned.

ART. 39. — Protected persons who, as a result of the war, have lost

their gainful employment, shall be granted the opportunity to find

paid employment. That opportunity shall, subject to security

considerations and to the provisions of Article 40, be equal to that

enjoyed by the nationals of the Power in whose territory they are.

Where a Party to the conflict applies to a protected person

methods of control which result in his being unable to 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.

ART. 40. — 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.

182 FOURTH GENEVA CONVENTION OF 1949

II.

Means of

existence

III.

Employment

Nonrepatriated

persons

I.

General

observations

In the cases mentioned in the two preceding paragraphs,

protected persons compelled to work shall have the benefit of the

same working conditions and of the same safeguards as national

workers, in particular as regards wages, hours of labour, clothing

and equipment, previous training and compensation for

occupational accidents and diseases.

If the above provisions are infringed, protected persons shall be

allowed to exercise their right of complaint in accordance with

Article 30.

ART. 41. — Should the Power in whose hands protected persons

may be consider the measures of control mentioned in the present

Convention to be inadequate, it may not have recourse to any other

measure of control more severe than that of assigned residence or

internment, in accordance with the provisions of Articles 42 and 43.

In applying the provisions of Article 39, second paragraph, to the

cases of persons required to leave their usual places of residence by

virtue of a decision placing them in assigned residence elsewhere,

the Detaining Power shall be guided as closely as possible by the

standards of welfare set forth in Part III, Section IV of this

Convention.

ART. 42. — The internment or placing in assigned residence of

protected persons may be ordered only if the security of the

Detaining Power makes it absolutely necessary.

If any person, acting through the representatives of the

Protecting Power, voluntarily demands internment, and if his

situation renders this step necessary, he shall be interned by the

Power in whose hands he may be.

ART. 43. — Any protected person who has been interned or

placed in assigned residence shall be entitled to have such action

reconsidered as soon as possible by an appropriate court or

administrative board designated by the Detaining Power for that

purpose. If the internment or placing in assigned residence is

maintained, the court or administrative board shall periodically,

and at least twice yearly, give consideration to his or her case,with a

view to the favourable amendment of the initial decision, if

circumstances permit.

Unless the protected persons concerned object, the Detaining

Power shall, as rapidly as possible, give the Protecting Power the

names of any protected persons who have been interned or

subjected to assigned residence, or who have been released from

internment or assigned residence. The decisions of the courts or

PROTECTION OF CIVILIAN PERSONS 183

IV.

Assigned

residence.

Internment

V.

Grounds for

internment

or assigned

residence.

Voluntary

internment

VI.

Procedure

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.

ART. 44.— 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.

ART. 45. — Protected persons shall not be transferred to a Power

which is not a party to the Convention.

This provision shall in no way constitute an obstacle to the

repatriation of protected persons, or to their return to their country

of residence after the cessation of hostilities.

Protected persons may be transferred by the Detaining Power

only to a Power which is a party to the present Convention and after

the Detaining Power has satisfied itself of the willingness and ability

of such transferee Power to apply the present Convention. If

protected persons are transferred under such circumstances,

responsibility for the application of the present Convention rests on

the Power accepting them, while they are in its custody.

Nevertheless, if that Power falls 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.

ART. 46.— 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.

184 FOURTH GENEVA CONVENTION OF 1949

VII.

Refugees

VIII.

Transfer to

another

Power

Cancellation

of restrictive

measures

SECTION III

OCCUPIED TERRITORIES

ART. 47. — Protected persons who are in occupied territory shall

not be deprived, in any case or in any manner whatsoever, of the

benefits of the present Convention by any change introduced, as the

result of the occupation of a territory, into the institutions or

government of the said territory, nor by any agreement concluded

between the authorities of the occupied territories and the

Occupying Power, nor by any annexation by the latter of the whole

or part of the occupied territory.

ART. 48. — 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.

ART. 49. — Individual or mass forcible transfers, as well as

deportations of protected persons from occupied territory to the

territory of the Occupying Power or to that of any other country,

occupied or not, are prohibited, regardless of their motive.

Nevertheless, the Occupying Power may undertake total or

partial evacuation of a given area if the security of the population or

imperative military reasons so demand. Such evacuations may not

involve the displacement of protected persons outside the bounds of

the occupied territory except when for material reasons it is

impossible to avoid such displacement.Persons thus evacuated shall

be transferred back to their homes as soon as hostilities in the area

in question have ceased.

The Occupying Power undertaking such transfers or evacuations

shall ensure, to the greatest practicable extent, that proper

accommodation is provided to receive the protected persons, that

the removals are effected in satisfactory conditions of hygiene,

health, safety and nutrition, and that members of the same family

are not separated.

The Protecting Power shall be informed of any transfers and

evacuations as soon as they have taken place.

The Occupying Power shall not detain protected persons in an

area particularly exposed to the dangers of war unless the security

of the population or imperative military reasons so demand.

The Occupying Power shall not deport or transfer parts of its

own civilian population into the territory it occupies.

PROTECTION OF CIVILIAN PERSONS 185

Inviolability

of rights

Special

cases of

repatriation

Deportations,

transfers,

evacuations

ART. 50. — 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.

ART. 51. — 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

186 FOURTH GENEVA CONVENTION OF 1949

Enlistment.

Labour

Children

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.

ART. 52.— 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.

ART. 53. — 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.

ART. 54. — 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.

ART. 55. — 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.

PROTECTION OF CIVILIAN PERSONS 187

Protection

of workers

Prohibited

destruction

Judges

and public

officials

Food

and medical

supplies

for the

population

ART. 56. — 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.

ART. 57. — The Occupying Power may requisition civilian

hospitals only temporarily and only in cases of urgent necessity for

the care of military wounded and sick, and then on condition that

suitable arrangements are made in due time for the care and

treatment of the patients and for the needs of the civilian population

for hospital accommodation.

The material and stores of civilian hospitals cannot be

requisitioned so long as they are necessary for the needs of the

civilian population.

ART. 58. — The Occupying Power shall permit ministers of

religion to give spiritual assistance to the members of their religious

communities.

The Occupying Power shall also accept consignments of books

and articles required for religious needs and shall facilitate their

distribution in occupied territory.

ART. 59. — 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.

188 FOURTH GENEVA CONVENTION OF 1949

Hygiene and

public health

Requisition

of hospitals

Spiritual

assistance

Relief

I.

Collective

relief

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.

ART. 60. — Relief consignments shall in no way relieve the

Occupying Power of any of its responsibilities under Articles 55, 56

and 59.The Occupying Power shall in no way whatsoever divert relief

consignments from the purpose for which they are intended, except

in cases of urgent necessity, in the interests of the population of the

occupied territory and with the consent of the Protecting Power.

ART. 61. — The distribution of the relief consignments referred

to in the foregoing Articles shall be carried out with the cooperation

and under the supervision of the Protecting Power. This

duty may also be delegated, by agreement between the Occupying

Power and the Protecting Power, to a neutral Power, to the

International Committee of the Red Cross or to any other impartial

humanitarian body.

Such consignments shall be exempt in occupied territory from all

charges, taxes or customs duties unless these are necessary in the

interests of the economy of the territory.The Occupying Power shall

facilitate the rapid distribution of these consignments.

All Contracting Parties shall endeavour to permit the transit and

transport, free of charge, of such relief consignments on their way to

occupied territories.

ART. 62. — Subject to imperative reasons of security, protected

persons in occupied territories shall be permitted to receive the

individual relief consignments sent to them.

ART. 63. — 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;

PROTECTION OF CIVILIAN PERSONS 189

II.

Responsibilities

of the

Occupying

Power

III.

Distribution

IV.

Individual

relief

National

Red Cross

and other

relief

societies

b) the Occupying Power may not require any changes in the

personnel or structure of these societies, which would

prejudice the aforesaid activities.

The same principles shall apply to the activities and personnel of

special organizations of a non-military character, which already

exist or which may be established, for the purpose of ensuring the

living conditions of the civilian population by the maintenance of

the essential public utility services, by the distribution of relief and

by the organization of rescues.

ART. 64. — The penal laws of the occupied territory shall remain

in force,with the exception that they may be repealed or suspended

by the Occupying Power in cases where they constitute a threat to its

security or an obstacle to the application of the present Convention.

Subject to the latter consideration and to the necessity for ensuring

the effective administration of justice, the tribunals of the occupied

territory shall continue to function in respect of all offences covered

by the said laws.

The Occupying Power may, however, subject the population of

the occupied territory to provisions which are essential to enable the

Occupying Power to fulfil its obligations under the present

Convention, to maintain the orderly government of the territory,

and to ensure the security of the Occupying Power, of the members

and property of the occupying forces or administration, and

likewise of the establishments and lines of communication used by

them.

ART. 65. — 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.

ART. 66. — 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.

ART. 67. — The courts shall apply only those provisions of law

which were applicable prior to the offence, and which are in

accordance with general principles of law, in particular the principle

that the penalty shall be proportionate to the offence. They shall

190 FOURTH GENEVA CONVENTION OF 1949

Penal

legislation

I.

General

observations

II.

Publication

III.

Competent

courts

IV.

Applicable

provisions

take into consideration the fact that the accused is not a national of

the Occupying Power.

ART. 68. — 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.

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.

ART. 69. — 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.

ART. 70. — 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,

PROTECTION OF CIVILIAN PERSONS 191

V.

Penalties.

Death

penalty

VI.

Deduction

from

sentence of

period spent

under arrest

VII.

Offences

committed

before

occupation

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.

ART. 71. — 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.

ART. 72. — 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

192 FOURTH GENEVA CONVENTION OF 1949

Penal

procedure

I.

General

observations

II.

Right of

defence

has to meet a serious charge and the Protecting Power is not

functioning, the Occupying Power, subject to the consent of the

accused, shall provide an advocate or counsel.

Accused persons shall, unless they freely waive such assistance,

be aided by an interpreter, both during preliminary investigation

and during the hearing in court. They shall have the right at any

time to object to the interpreter and to ask for his replacement.

ART. 73. — 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.

ART. 74.— Representatives of the Protecting Power shall have the

right to attend the trial of any protected person, unless the hearing

has, as an exceptional measure, to be held in camerainfo-icon 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.

ART. 75. — 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.

PROTECTION OF CIVILIAN PERSONS 193

III.

Right of

appeal

IV.

Assistance

by the

Protecting

Power

V.

Death

sentence

The six months period of suspension of the death sentence

herein prescribed may be reduced in individual cases in

circumstances of grave emergency involving an organized threat to

the security of the Occupying Power or its forces, provided always

that the Protecting Power is notified of such reduction and is given

reasonable time and opportunity to make representations to the

competent occupying authorities in respect of such death sentences.

ART. 76. — Protected persons accused of offences shall be

detained in the occupied country, and if convicted they shall serve

their sentences therein. They shall, if possible, be separated from

other detainees and shall enjoy conditions of food and hygiene

which will be sufficient to keep them in good health, and which will

be at least equal to those obtaining in prisons in the occupied

country.

They shall receive the medical attention required by their state of

health.

They shall also have the right to receive any spiritual assistance

which they may require.

Women shall be confined in separate quarters and shall be under

the direct supervision of women.

Proper regard shall be paid to the special treatment due to

minors.

Protected persons who are detained shall have the right to be

visited by delegates of the Protecting Power and of the International

Committee of the Red Cross, in accordance with the provisions of

Article 143.

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

parcel monthly.

ART. 77. — 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.

ART. 78. — If the Occupying Power considers it necessary, for

imperative reasons of security, to take safety measures concerning

protected persons, it may, at the most, subject them to assigned

residence or to internment.

Decisions regarding such assigned residence or internment shall

be made according to a regular procedure to be prescribed by the

Occupying Power in accordance with the provisions of the present

Convention. This procedure shall include the right of appeal for the

parties concerned. Appeals shall be decided with the least possible

194 FOURTH GENEVA CONVENTION OF 1949

Treatment

of detainees

Handing over

of detainees

at the close of

occupation

Security

measures.

Internment

and assigned

residence.

Right of

appeal

delay. In the event of the decision being upheld, it shall be subject to

periodical review, if possible every six months, by a competent body

set up by the said Power.

Protected persons made subject to assigned residence and thus

required to leave their homes shall enjoy the full benefit of Article 39

of the present Convention.

SECTION IV

REGULATIONS FOR THE TREATMENT

OF INTERNEES

CHAPTER I

General Provisions

ART. 79. — The Parties to the conflict shall not intern protected

persons, except in accordance with the provisions of Articles 41, 42,

43, 68 and 78.

ART. 80.— Internees shall retain their full civil capacity and shall

exercise such attendant rights as may be compatible with their

status.

ART. 81. — 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.

ART. 82. — The Detaining Power shall, as far as possible,

accommodate the internees according to their nationality, language

PROTECTION OF CIVILIAN PERSONS 195

Cases of

internment

and applicable

provisions

Civil capacity

Maintenance

Grouping

of internees

and customs. Internees who are nationals of the same country shall

not be separated merely because they have different languages.

Throughout the duration of their internment, members of the

same family, and in particular parents and children, shall be lodged

together in the same place of internment, except when separation of

a temporary nature is necessitated for reasons of employment or

health or for the purposes of enforcement of the provisions of

Chapter IX of the present Section. Internees may request that their

children who are left at liberty without parental care shall be

interned with them.

Wherever possible, interned members of the same family shall be

housed in the same premises and given separate accommodation

from other internees, together with facilities for leading a proper

family life.

CHAPTER II

Places of Internment

ART. 83. — The Detaining Power shall not set up places of

internment in areas particularly exposed to the dangers of war.

The Detaining Power shall give the enemy Powers, through the

intermediary of the Protecting Powers, all useful information

regarding the geographical location of places of internment.

Whenever military considerations permit, internment camps

shall be indicated by the letters IC, placed so as to be clearly visible

in the daytime from the air. The Powers concerned may, however,

agree upon any other system of marking. No place other than an

internment camp shall be marked as such.

ART. 84. — Internees shall be accommodated and administered

separately from prisoners of war and from persons deprived of

liberty for any other reason.

ART. 85. — 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

196 FOURTH GENEVA CONVENTION OF 1949

Location

of places of

internment.

Marking

of camps

Separate

internment

Accommodation,

hygiene

the climate of which is injurious to the internees. In all cases where

the district, in which a protected person is temporarily interned, is

in an unhealthy area or has a climate which is harmful to his health,

he shall be removed to a more suitable place of internment as

rapidly as circumstances permit.

The premises shall be fully protected from dampness, adequately

heated and lighted, in particular between dusk and lights out. The

sleeping quarters shall be sufficiently spacious and well ventilated,

and the internees shall have suitable bedding and sufficient

blankets, account being taken of the climate, and the age, sex, and

state of health of the internees.

Internees shall have for their use, day and night, sanitary

conveniences which conform to the rules of hygiene and are

constantly maintained in a state of cleanliness. They shall be

provided with sufficient water and soap for their daily personal

toilet and for washing their personal laundry; installations and

facilities necessary for this purpose shall be granted to them.

Showers or baths shall also be available. The necessary time shall be

set aside for washing and for cleaning.

Whenever it is necessary, as an exceptional and temporary

measure, to accommodate women internees who are not members

of a family unit in the same place of internment as men, the

provision of separate sleeping quarters and sanitary conveniences

for the use of such women internees shall be obligatory.

ART. 86. — The Detaining Power shall place at the disposal of

interned persons, of whatever denomination, premises suitable for

the holding of their religious services.

ART. 87. — Canteens shall be installed in every place of

internment, except where other suitable facilities are available.Their

purpose shall be to enable internees to make purchases, at prices not

higher than local market prices, of foodstuffs and articles of

everyday use, including soap and tobacco, such as would increase

their personal well-being and comfort.

Profits made by canteens shall be credited to a welfare fund to be

set up for each place of internment, and administered for the benefit

of the internees attached to such place of internment. The Internee

Committee provided for in Article 102 shall have the right to check

the management of the canteen and of the said fund.

When a place of internment is closed down, the balance of the

welfare fund shall be transferred to the welfare fund of a place of

internment for internees of the same nationality, or, if such a place

does not exist, to a central welfare fund which shall be administered

PROTECTION OF CIVILIAN PERSONS 197

Premises

for religions

services

Canteens

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.

ART. 88. — 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

ART. 89. — Daily food rations for internees shall be sufficient in

quantity, quality and variety to keep internees in a good state of

health and prevent the development of nutritional deficiencies.

Account shall also be taken of the customary diet of the internees.

Internees shall also be given the means by which they can prepare

for themselves any additional food in their possession.

Sufficient drinking water shall be supplied to internees. The use

of tobacco shall be permitted.

Internees who work shall receive additional rations in proportion

to the kind of labour which they perform.

Expectant and nursing mothers and children under fifteen years

of age shall be given additional food, in proportion to their

physiological needs.

ART. 90. — 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.

198 FOURTH GENEVA CONVENTION OF 1949

Air raid

shelters.

Protective

measures

Food

Clothing

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

ART. 91. — Every place of internment shall have an adequate

infirmary, under the direction of a qualified doctor,where internees

may have the attention they require, as well as an appropriate diet.

Isolation wards shall be set aside for cases of contagious or mental

diseases.

Maternity cases and internees suffering from serious diseases, or

whose condition requires special treatment, a surgical 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.

ART. 92. — Medical inspections of internees shall be made at

least once a month. Their purpose shall be, in particular, to

supervise the general state of health, nutrition and cleanliness of

internees, and to detect contagious diseases, especially tuberculosis,

malaria, and venereal diseases. Such inspections shall include, in

particular, the checking of weight of each internee and, at least once

a year, radioscopic examination.

PROTECTION OF CIVILIAN PERSONS 199

Medical

attention

Medical

inspections

CHAPTER V

Religious, Intellectual and Physical Activities

ART. 93. — Internees shall enjoy complete latitude in the exercise

of their religious duties, including attendance at the services of their

faith, on condition that they comply with the disciplinary routine

prescribed by the detaining authorities.

Ministers of religion who are interned shall be allowed to minister

freely to the members of their community. For this purpose, the

Detaining Power shall ensure their equitable allocation amongst the

various places of internment in which there are internees speaking

the same language and belonging to the same religion. Should such

ministers be too few in number, the Detaining Power shall provide

them with the necessary facilities, including means of transport, for

moving from one place to another, and they shall be authorized to

visit any internees who are in hospital.Ministers of religion shall be

at liberty to correspond on matters concerning their ministry with

the religious authorities in the country of detention and, as far as

possible, with the international religious organizations of their faith.

Such correspondence shall not be considered as forming a part of the

quota mentioned in Article 107. It shall, however, be subject to the

provisions of Article 112.

When internees do not have at their disposal the assistance of

ministers of their faith, or should these latter be too few in number,

the local religious authorities of the same faith may appoint, in

agreement with the Detaining Power, a minister of the internees’

faith or, if such a course is feasible from a denominational point of

view, a minister of similar religion or a qualified layman. The latter

shall enjoy the facilities granted to the ministry he has assumed.

Persons so appointed shall comply with all regulations laid down by

the Detaining Power in the interests of discipline and security.

ART. 94. — The Detaining Power shall encourage intellectual,

educational and recreational pursuits, sports and games amongst

internees, whilst leaving them free to take part in them or not. It

shall take all practicable measures to ensure the exercise thereof, in

particular by providing suitable premises.

All possible facilities shall be granted to internees to continue

their studies or to take up new subjects. The education of children

and young people shall be ensured; they shall be allowed to attend

schools either within the place of internment or outside.

Internees shall be given opportunities for physical exercise,

sports and outdoor games. For this purpose, sufficient open spaces

200 FOURTH GENEVA CONVENTION OF 1949

Religious

duties

Recreation,

study, sports

and games

shall be set aside in all places of internment. Special playgrounds

shall be reserved for children and young people.

ART. 95. — The Detaining Power shall not employ internees as

workers, unless they so desire. Employment which, if undertaken

under compulsion by a protected person not in internment, would

involve a breach of Articles 40 or 51 of the present Convention, and

employment on work which is of a degrading or humiliating

character are in any case prohibited.

After a working period of six weeks, internees shall be free to give

up work at any moment, subject to eight days’ notice.

These provisions constitute no obstacle to the right of the

Detaining Power to employ interned doctors, dentists and other

medical personnel in their professional capacity on behalf of their

fellow internees, or to employ internees for administrative and

maintenance work in places of internment and to detail such

persons for work in the kitchens or for other domestic tasks, or to

require such persons to undertake duties connected with the

protection of internees against aerial bombardment or other war

risks. No internee may, however, be required to perform tasks for

which he is, in the opinion of a medical officer, physically unsuited.

The Detaining Power shall take entire responsibility for all

working conditions, for medical attention, for the payment of

wages, and for ensuring that all employed internees receive

compensation for occupational accidents and diseases. The

standards prescribed for the said working conditions and for

compensation shall be in accordance with the national laws and

regulations, and with the existing practice; they shall in no case be

inferior to those obtaining for work of the same nature in the same

district.Wages for work done shall be determined on an equitable

basis by special agreements between the internees, the Detaining

Power, and, if the case arises, employers other than the Detaining

Power, due regard being paid to the obligation of the Detaining

Power to provide for free maintenance of internees and for the

medical attention which their state of health may require. Internees

permanently detailed for categories of work mentioned in the third

paragraph of this Article shall be paid fair wages by the Detaining

Power. The working conditions and the scale of compensation for

occupational accidents and diseases to internees, thus detailed, shall

not be inferior to those applicable to work of the same nature in the

same district.

ART. 96. — All labour detachments shall remain part of and

dependent upon a place of internment. The competent authorities

PROTECTION OF CIVILIAN PERSONS 201

Working

conditions

Labour

detachments

of the Detaining Power and the commandant of a place of

internment shall be responsible for the observance in a labour

detachment of the provisions of the present Convention. The

commandant shall keep an up-to-date list of the labour

detachments subordinate to him and shall communicate it to the

delegates of the Protecting Power, of the International Committee of

the Red Cross and of other humanitarian organizations who may

visit the places of internment.

CHAPTER VI

Personal Property and Financial Resources

ART. 97. — Internees shall be permitted to retain articles of

personal use. Monies, cheques, bonds, etc., and valuables in their

possession may not be taken from them except in accordance with

established procedure. Detailed receipts shall be given therefor.

The amounts shall be paid into the account of every internee as

provided for in Article 98. Such amounts may not be converted into

any other currency unless legislation in force in the territory in

which the owner is interned so requires or the internee gives his

consent.

Articles which have above all a personal or sentimental value may

not be taken away.

A woman internee shall not be searched except by a woman.

On release or repatriation, internees shall be given all articles,

monies or other valuables taken from them during internment and

shall receive in currency the balance of any credit to their accounts

kept in accordance with Article 98,with the exception of any articles

or amounts withheld by the Detaining Power by virtue of its

legislation in force. If the property of an internee is so withheld, the

owner shall receive a detailed receipt.

Family or identity documents in the possession of internees may

not be taken away without a receipt being given. At no time shall

internees be left without identity documents. If they have none, they

shall be issued with special documents drawn up by the detaining

authorities,which will serve as their identity papers until the end of

their internment.

Internees may keep on their persons a certain amount of money,

in cash or in the shape of purchase coupons, to enable them to make

purchases.

202 FOURTH GENEVA CONVENTION OF 1949

Valuables

and personal

effects

ART. 98. — All internees shall receive regular allowances,

sufficient to enable them to purchase goods and articles, such as

tobacco, toilet requisites, etc. Such allowances may take the form of

credits or purchase coupons.

Furthermore, internees may receive allowances from the Power

to which they owe allegiance, the Protecting Powers, the

organizations which may assist them, or their families, as well as the

income on their property in accordance with the law of the

Detaining Power.The amount of allowances granted by the Power to

which they owe allegiance shall be the same for each category of

internees (infirm, sick, pregnant women, etc.), but may not be

allocated by that Power or distributed by the Detaining Power on

the basis of discriminations between internees which are prohibited

by Article 27 of the present Convention.

The Detaining Power shall open a regular account for every

internee, to which shall be credited the allowances named in the

present Article, the wages earned and the remittances received,

together with such sums taken from him as may be available under

the legislation in force in the territory in which he is interned.

Internees shall be granted all facilities consistent with the legislation

in force in such territory to make remittances to their families and to

other dependants. They may draw from their accounts the amounts

necessary for their personal expenses, within the limits fixed by the

Detaining Power. They shall at all times be afforded reasonable

facilities for consulting and obtaining copies of their accounts. A

statement of accounts shall be furnished to the Protecting Power on

request, and shall accompany the internee in case of transfer.

CHAPTER VII

Administration and Discipline

ART. 99. — Every place of internment shall be put under the

authority of a responsible officer, chosen from the regular military

forces or the regular civil administration of the Detaining Power.

The officer in charge of the place of internment must have in his

possession a copy of the present Convention in the official language,

or one of the official languages, of his country and shall be

responsible for its application. The staff in control of internees shall

be instructed in the provisions of the present Convention and of the

administrative measures adopted to ensure its application.

PROTECTION OF CIVILIAN PERSONS 203

Financial

resources and

individual

accounts

Camp

administration.

Posting of the

Convention

and of orders

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.

ART. 100. — The disciplinary regime in places of internment

shall be consistent with humanitarian principles, and shall in no

circumstances include regulations imposing on internees any

physical exertion dangerous to their health or involving physical or

moral victimization. Identification by tattooing or imprinting signs

or markings on the body, is prohibited.

In particular, prolonged standing and roll-calls, punishment

drill, military drill and manoeuvres, or the reduction of food

rations, are prohibited.

ART. 101. — 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.

ART. 102. — 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.

204 FOURTH GENEVA CONVENTION OF 1949

General

discipline

Complaints

and petitions

Internee

Committees

I.

Election of

members

ART. 103. — The Internee Committees shall further the physical,

spiritual and intellectual well-being of the internees.

In case the internees decide, in particular, to organize a system of

mutual assistance amongst themselves, this organization would be

within the competence of the Committees in addition to the special

duties entrusted to them under other provisions of the present

Convention.

ART. 104. — Members of Internee Committees shall not be

required to perform any other work, if the accomplishment of their

duties is rendered more difficult thereby.

Members of Internee Committees may appoint from amongst

the internees such assistants as they may require. All material

facilities shall be granted to them, particularly a certain freedom of

movement necessary for the accomplishment of their duties (visits

to labour detachments, receipt of supplies, etc.).

All facilities shall likewise be accorded to members of Internee

Committees for communication by post and telegraph with the

detaining authorities, the Protecting Powers, the International

Committee of the Red Cross and their delegates, and with the

organizations which give assistance to internees, Committee

members in labour detachments shall enjoy similar facilities for

communication with their Internee Committee in the principal

place of internment. Such communications shall not be limited, nor

considered as forming a part of the quota mentioned in Article 107.

Members of Internee Committees who are transferred shall be

allowed a reasonable time to acquaint their successors with current

affairs.

CHAPTER VIII

Relations with the Exterior

ART. 105. — Immediately upon interning protected persons, the

Detaining Powers shall inform them, the Power to which they owe

allegiance and their Protecting Power of the measures taken for

executing the provisions of the present Chapter. The Detaining

Powers shall likewise inform the Parties concerned of any

subsequent modifications of such measures.

PROTECTION OF CIVILIAN PERSONS 205

II.

Duties

III.

Prerogatives

Notification

of measures

taken

ART. 106. — 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.

ART. 107. — 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.

ART. 108. — Internees shall be allowed to receive, by post or by

any other means, individual parcels or collective shipments

containing in particular foodstuffs, clothing, medical supplies, as

well as books and objects of a devotional, educational or

recreational character which may meet their needs. Such shipments

shall in no way free the Detaining Power from the obligations

imposed upon it by virtue of the present Convention.

Should military necessity require the quantity of such shipments

to be limited, due notice thereof shall be given to the Protecting

Power and to the International Committee of the Red Cross, or to

any other organization giving assistance to the internees and

responsible for the forwarding of such shipments.

206 FOURTH GENEVA CONVENTION OF 1949

Internment

card

Correspondence

Relief

shipments

I.

General

principles

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.

ART. 109. — In the absence of special agreements between Parties

to the conflict regarding the conditions for the receipt and

distribution of collective relief shipments, the regulations

concerning collective relief which are annexed to the present

Convention shall be applied.

The special agreements provided for above shall in no case

restrict the right of Internee Committees to take possession of

collective relief shipments intended for internees, to undertake their

distribution and to dispose of them in the interests of the recipients.

Nor shall such agreements restrict the right of representatives of

the Protecting Powers, the International Committee of the Red

Cross, or any other organization giving assistance to internees and

responsible for the forwarding of collective shipments, to supervise

their distribution to the recipients.

ART. 110. — 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.

PROTECTION OF CIVILIAN PERSONS 207

II.

Collective

relief

III.

Exemption

from postal

and

transport

charges

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.

ART. 111. — Should military operations prevent the Powers

concerned from fulfilling their obligation to ensure the conveyance of

the mail and relief shipments provided for in Articles 106,107, 108

and 113, the Protecting Powers concerned, the International

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.

ART. 112. — 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.

208 FOURTH GENEVA CONVENTION OF 1949

Special

means of

transport

Censorship

and

examination

ART. 113. — The Detaining Powers shall provide all reasonable

facilities for the transmission, through the Protecting Power or the

Central Agency provided for in Article 140, or as otherwise

required, of wills, powers of attorney, letters of authority, or any

other documents intended for internees or 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.

ART. 114. — 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.

ART. 115. — 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.

ART. 116. — 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

ART. 117. — Subject to the provisions of the present Chapter,

the laws in force in the territory in which they are detained will

continue to apply to internees who commit offences during

internment.

If general laws, regulations or orders declare acts committed by

internees to be punishable, whereas the same acts are not

PROTECTION OF CIVILIAN PERSONS 209

Execution

and

transmission

of legal

documents

Management

of property

Facilities for

preparation

and conduct

of cases

Visits

General

provisions.

Applicable

legislation

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.

ART. 118. — The courts or authorities shall in passing sentence

take as far as possible into account the fact that the defendant is not

a national of the Detaining Power. They shall be free to reduce the

penalty prescribed for the offence with which the internee is

charged and shall not be obliged, to this end, to apply the minimum

sentence prescribed.

Imprisonment in premises without daylight, and, in general, all

forms of cruelty without exception are forbidden.

Internees who have served disciplinary or judicial sentences shall

not be treated differently from other internees.

The duration of preventive detention undergone by an internee

shall be deducted from any disciplinary or judicial penalty

involving confinement to which he may be sentenced.

Internee Committees shall be informed of all judicial

proceedings instituted against internees whom they represent, and

of their result.

ART. 119. — The disciplinary punishments applicable to

internees shall be the following:

1) A fine which shall not exceed 50 per cent of the wages which

the internee would otherwise receive under the provisions of

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

2) Discontinuance of privileges granted over and above the

treatment provided for by the present Convention.

3) Fatigue duties, not exceeding two hours daily, in connection

with the maintenance of the place of internment.

4) Confinement.

In no case shall disciplinary penalties be inhuman, brutal or

dangerous for the health of internees.Account shall be taken of the

internee’s age, sex and state of health.

The duration of any single punishment shall in no case exceed a

maximum of thirty consecutive days, even if the internee is

answerable for several breaches of discipline when his case is dealt

with, whether such breaches are connected or not.

ART. 120. — 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.

210 FOURTH GENEVA CONVENTION OF 1949

Penalties

Disciplinary

punishments

Escapes

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.

ART. 121. — 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.

ART. 122. — 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.

ART. 123. — Without prejudice to the competence of courts and

higher authorities, disciplinary punishment may be ordered only by

the commandant of the place of internment, or by a responsible

officer or official who replaces him, or to whom he has delegated his

disciplinary powers.

Before any disciplinary punishment is awarded, the accused

internee shall be given precise information regarding the offences of

which he is accused, and given an opportunity of explaining his

conduct and of defending himself. He shall be permitted, in

particular, to call witnesses and to have recourse, if necessary, to the

services of a qualified interpreter. The decision shall be announced

in the presence of the accused and of a member of the Internee

Committee.

PROTECTION OF CIVILIAN PERSONS 211

Connected

offences

Investigations.

Confinement

awaiting

hearing

Competent

authorities.

Procedure

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.

ART. 124. — 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.

ART. 125. — 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.

ART. 126. — 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.

212 FOURTH GENEVA CONVENTION OF 1949

Premises for

disciplinary

punishments

Essential

safeguards

Provisions

applicable to

judicial

proceedings

CHAPTER X

Transfers of Internees

ART. 127. — The transfer of internees shall always be effected

humanely. As a general rule, it shall be carried out by rail or other

means of transport, and under conditions at least equal to those

obtaining for the forces of the Detaining Power in their changes of station.

If, as an exceptional measure, such removals have to be effected

on foot, they may not take place unless the internees are in a fit state of

health, and may not in any case expose them to excessive fatigue.

The Detaining Power shall supply internees during transfer with

drinking water and food sufficient in quantity,quality and variety to

maintain them in good health, and also with the necessary clothing,

adequate shelter and the necessary medical attention. The

Detaining Power shall take all suitable precautions to ensure their

safety during transfer, and shall establish before their departure a

complete list of all internees transferred.

Sick, wounded or infirm internees and maternity cases shall not

be transferred if the journey would be seriously detrimental to

them, unless their safety imperatively so demands.

If the combat zone draws close to a place of internment, the

internees in the said place shall not be transferred unless their

removal can be carried out in adequate conditions of safety, or

unless they are exposed to greater risks by remaining on the spot

than by being transferred.

When making decisions regarding the transfer of internees, the

Detaining Power shall take their interests into account and, in

particular, shall not do anything to increase the difficulties of

repatriating them or returning them to their own homes.

ART. 128. — 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

PROTECTION OF CIVILIAN PERSONS 213

Conditions

Method

ensure the transport of the internees’ community property and of the

luggage the internees are unable to take with them in consequence of

restrictions imposed by virtue of the second paragraph.

CHAPTER XI

Deaths

ART. 129. — The wills of internees shall be received for

safekeeping by the responsible authorities; and in the event of the

death of an internee his will shall be transmitted without delay to a

person whom he has previously designated.

Deaths of internees shall be certified in every case by a doctor,

and a death certificate shall be made out, showing the causes of

death and the conditions under which it occurred.

An official record of the death, duly registered, shall be drawn up

in accordance with the procedure relating thereto in force in the

territory where the place of internment is situated, and a duly

certified copy of such record shall be transmitted without delay to

the Protecting Power as well as to the Central Agency referred to in

Article 140.

ART. 130. — The detaining authorities shall ensure that internees

who die while interned are honourably buried, if possible according

to the rites of the religion to which they belonged and that their

graves are respected, properly maintained, and marked in such a

way that they can always be recognized.

Deceased internees shall be buried in individual graves unless

unavoidable circumstances require the use of collective graves.

Bodies may be cremated only for imperative reasons of hygiene, on

account of the religion of the deceased or in accordance with his

expressed wish to this effect. In case of cremation, the fact shall be

stated and the reasons given in the death certificate of the deceased.

The ashes shall be retained for safekeeping 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 the deceased internees

depended, through the Information Bureaux provided for in

Article 136. Such lists shall include all particulars necessary for the

214 FOURTH GENEVA CONVENTION OF 1949

Wills. Death

certificates

Burial.

Cremation

identification of the deceased internees, as well as the exact location

of their graves.

ART. 131. — 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

ART. 132. — Each interned person shall be released by the

Detaining Power as soon as the reasons which necessitated his

internment no longer exist.

The Parties to the conflict shall,moreover, endeavour during the

course of hostilities, to conclude agreements for the release, the

repatriation, the return to places of residence or the

accommodation in a neutral country of certain classes of internees,

in particular children, pregnant women and mothers with infants

and young children, wounded and sick, and internees who have

been detained for a long time.

ART. 133. — 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.

PROTECTION OF CIVILIAN PERSONS 215

Internees

killed

or injured

in special

circumstances

During

hostilities or

occupation

After the

close of

hostilities

ART. 134. — 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.

ART. 135. — The Detaining Power shall bear the expense of

returning released internees to the places where they were residing

when interned, or, if it took them into custody while they were in

transit or on the high seas, the cost of completing their journey or of

their return to their point of departure.

Where a Detaining Power refuses permission to reside in its

territory to a released internee who previously had his permanent

domicile therein, such Detaining Power shall pay the cost of the said

internee’s repatriation. If, however, the internee elects to return to

his country on his own responsibility or in obedience to the

Government of the Power to which he owes allegiance, the

Detaining Power need not pay the expenses of his journey beyond

the point of his departure from its territory. The Detaining Power

need not pay the costs of repatriation of an internee who was

interned at his own request.

If internees are transferred in accordance with Article 45, the

transferring and receiving Powers shall agree on the portion of the

above costs to be borne by each.

The foregoing shall not prejudice such special agreements as may

be concluded between Parties to the conflict concerning the

exchange and repatriation of their nationals in enemy hands.

SECTION V

INFORMATION BUREAUX AND CENTRAL AGENCY

ART. 136. — Upon the outbreak of a conflict and in all cases of

occupation, each of the Parties to the conflict shall establish an

official Information Bureau responsible for receiving and

transmitting information in respect of the protected persons who

are in its power.

Each of the Parties to the conflict shall, within the shortest

possible period, give its Bureau information of any measure taken

by it concerning any protected persons who are kept in custody for

more than two weeks, who are subjected to assigned residence or

who are interned. It shall, furthermore, require its various

216 FOURTH GENEVA CONVENTION OF 1949

Repatriation

and return to

last place of

residence

Costs

National

Bureaux

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.

ART. 137. — Each national Bureau shall immediately forward

information concerning protected persons by the most rapid means

to the Powers of whom the aforesaid persons are nationals, or to

Powers in whose territory they resided, through the intermediary of

the Protecting Powers and likewise through the Central Agency

provided for in Article 140. The Bureaux shall also reply to all

enquiries which may be received regarding protected persons.

Information Bureaux shall transmit information concerning a

protected person unless its transmission might be detrimental to

the person concerned or to his or her relatives. Even in such a case,

the information may not be withheld from the Central Agency

which, upon being notified of the circumstances, will take the

necessary precautions indicated in Article 140.

All communications in writing made by any Bureau shall be

authenticated by a signature or a seal.

ART. 138. — 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.

ART. 139. — 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

PROTECTION OF CIVILIAN PERSONS 217

Transmission

of

information

Particulars

required

Forwarding

of personal

valuables

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.

ART. 140. — 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 ofWar 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.

ART. 141. — 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.

218 FOURTH GENEVA CONVENTION OF 1949

Central

Agency

Exemption

from charges

PART IV

EXECUTION OF THE CONVENTION

SECTION I

GENERAL PROVISIONS

ART. 142. — Subject to the measures which the Detaining Powers

may consider essential to ensure their security or to meet any other

reasonable need, the representatives of religious organizations, relief

societies, or any other organizations assisting the protected persons,

shall receive from these Powers, for themselves or their duly

accredited agents, all facilities for visiting the protected persons, for

distributing relief supplies and material from any source, intended

for educational, recreational or religious purposes, or for assisting

them in organizing their leisure time within the places of

internment. Such societies or organizations may be constituted in

the territory of the Detaining Power, or in any other country, or they

may have an international character.

The Detaining Power may limit the number of societies and

organizations whose delegates are allowed to carry out their

activities in its territory and under its supervision, on condition,

however, that such limitation shall not hinder the supply of effective

and adequate relief to all protected persons.

The special position of the International Committee of the Red

Cross in this field shall be recognized and respected at all times.

ART. 143. — 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

PROTECTION OF CIVILIAN PERSONS 219

Relief

societies

and other

organizations

Supervision

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.

ART. 144.— The High Contracting Parties undertake, in time of

peace as in time of war, to disseminate the text of the present

Convention as widely as possible in their respective countries, and,

in particular, to include the study thereof in their programmes of

military and, if possible, civil instruction, so that the principles

thereof may become known to the entire population.

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

war assume responsibilities in respect of protected persons, must

possess the text of the Convention and be specially instructed as to

its provisions.

ART. 145. — 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.

ART. 146. — The High Contracting Parties undertake to enact

any legislation necessary to provide effective penal sanctions for

persons committing, or ordering to be committed, any of the grave

breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to

search for persons alleged to have committed, or to have ordered to

be committed, such grave breaches, and shall bring such persons,

regardless of their nationality, before its own courts. It may also, if it

prefers, and in accordance with the provisions of its own legislation,

hand such persons over for trial to another High Contracting Party

concerned, provided such High Contracting Party has made out a

prima facie case.

Each High Contracting Party shall take measures necessary for

the suppression of all acts contrary to the provisions of the present

Convention other than the grave breaches defined in the following

Article.

In all circumstances, the accused persons shall benefit by

safeguards of proper trial and defence, which shall not be less

favourable than those provided by Article 105 and those following

220 FOURTH GENEVA CONVENTION OF 1949

Penal

sanctions

I.

General

observations

Translations.

Rules of

application

Dissemination

of the

Convention

of the Geneva Convention relative to the Treatment of Prisoners of

War of August 12, 1949.

ART. 147. — 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.

ART. 148. — 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.

ART. 149. — 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

ART. 150. — The present Convention is established in English

and in French. Both texts are equally authentic.

The Swiss Federal Council shall arrange for official translations

of the Convention to be made in the Russian and Spanish languages.

PROTECTION OF CIVILIAN PERSONS 221

II.

Grave

breaches

III.

Responsibilities

of the

Contracting

Parties

Enquiry

procedure

Languages

ART. 151. — 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.

ART. 152. — 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.

ART. 153. — 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.

ART. 154. — In the relations between the Powers who are bound

by the Hague Conventions respecting the Laws and Customs ofWar

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.

ART. 155. — 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.

ART. 156. — 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.

ART. 157. — 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.

222 FOURTH GENEVA CONVENTION OF 1949

Signature

Ratification

Coming

into force

Relation with

the Hague

Conventions

Accession

Notification

of accessions

Immediate

effect

ART. 158. — Each of the High Contracting Parties shall be at

liberty to denounce the present Convention.

The denunciation shall be notified in writing to the Swiss Federal

Council, which shall transmit it to the Governments of all the High

Contracting Parties.

The denunciation shall take effect one year after the notification

thereof has been made to the Swiss Federal Council. However, a

denunciation of which notification has been made at a time when

the denouncing Power is involved in a conflict shall not take effect

until peace has been concluded, and until after operations

connected with the release, repatriation and re-establishment of the

persons protected by the present Convention have been terminated.

The denunciation shall have effect only in respect of the

denouncing Power. It shall in no way impair the obligations which

the Parties to the conflict shall remain bound to fulfil by virtue of

the principles of the law of nations, as they result from the usages

established among civilized peoples, from the laws of humanity and

the dictates of the public conscience.

ART. 159. — 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.

PROTECTION OF CIVILIAN PERSONS 223

Denunciation

Registration

with the

United

Nations

ANNEX I

DRAFT AGREEMENT RELATING TO HOSPITAL

AND SAFETY ZONES AND LOCALITIES

ARTICLE 1. — Hospital and safety zones shall be strictly reserved for the persons

mentioned in Article 23 of the Geneva Convention for the Amelioration of the

Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949,

and in Article 14 of the Geneva Convention relative to the Protection of Civilian

Persons in Time ofWar of August 12, 1949, and for the personnel entrusted with the

organization and administration of these zones and localities and with the care of the

persons therein assembled.

Nevertheless, persons whose permanent residence is within such zones shall

have the right to stay there.

ART. 2. — No persons residing, in whatever capacity, in a hospital and safety

zone shall perform any work, either within or without the zone, directly connected

with military operations or the production of war material.

ART. 3. — The Power establishing a hospital and safety zone shall take all

necessary measures to prohibit access to all persons who have no right of residence

or entry therein.

ART. 4. — Hospital and safety zones shall fulfil the following conditions:

a) They shall comprise only a small part of the territory governed by the Power

which has established them.

b) They shall be thinly populated in relation to the possibilities of

accommodation.

c) They shall be far removed and free from all military objectives, or large

industrial or administrative establishments.

d) They shall not be situated in areas which, according to every probability,may

become important for the conduct of the war.

ART. 5.— Hospital and safety zones shall be subject to the following obligations:

a) The lines of communication and means of transport which they possess shall

not be used for the transport of military personnel or material, even in

transit.

b) They shall in no case be defended by military means.

ART. 6. — Hospital and safety zones shall be marked by means of oblique red

bands on a white ground, placed on the buildings and outer precincts.

Zones reserved exclusively for the wounded and sick may be marked by means

of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground.

They may be similarly marked at night by means of appropriate illumination.

ART. 7. — The Powers shall communicate to all the High Contracting Parties in

peacetime or on the outbreak of hostilities, a list of the hospital and safety zones in

the territories governed by them. They shall also give notice of any new zones set

up during hostilities.

As soon as the adverse Party has received the above-mentioned notification, the

zone shall be regularly established.

If, however, the adverse Party considers that the conditions of the present

agreement have not been fulfilled, it may refuse to recognize the zone by giving

immediate notice thereof to the Party responsible for the said zone, or may make

its recognition of such zone dependent upon the institution of the control provided

for in Article 8.

ART. 8. — Any Power having recognized one or several hospital and safety zones

instituted by the adverse Party shall be entitled to demand control by one or more

Special Commissions, for the purpose of ascertaining if the zones fulfil the

conditions and obligations stipulated in the present agreement.

For this purpose, members of the Special Commissions shall at all times have

free access to the various zones and may even reside there permanently. They shall

be given all facilities for their duties of inspection.

ART. 9. — Should the Special Commissions note any facts which they consider

contrary to the stipulations of the present agreement, they shall at once draw the

attention of the Power governing the said zone to these facts, and shall fix a time

limit of five days within which the matter should be rectified.They shall duly notify

the Power who has recognized the zone.

If, when the time limit has expired, the Power governing the zone has not

complied with the warning, the adverse Party may declare that it is no longer bound

by the present agreement in respect of the said zone.

ART. 10. — Any Power setting up one or more hospital and safety zones, and the

adverse Parties to whom their existence has been notified, shall nominate or have

nominated by the Protecting Powers or by other neutral Powers, persons eligible to

be members of the Special Commissions mentioned in Articles 8 and 9.

ART. 11. — In no circumstances may hospital and safety zones be the object of

attack. They shall be protected and respected at all times by the Parties to the

conflict.

ART. 12. — In the case of occupation of a territory, the hospital and safety zones

therein shall continue to be respected and utilized as such.

HOSPITAL AND SAFETY ZONES 225

Their purpose may,however,be modified by the Occupying Power,on condition

that all measures are taken to ensure the safety of the persons accommodated.

ART. 13. — The present agreement shall also apply to localities which the Powers

may utilize for the same purposes as hospital and safety zones.

226 FOURTH GENEVA CONVENTION OF 1949 – ANNEX I

ANNEX II

DRAFT REGULATIONS

CONCERNING COLLECTIVE RELIEF

ARTICLE 1. — The Internee Committees shall be allowed to distribute collective

relief shipments for which they are responsible, to all internees who are dependent

for administration on the said Committee’s place of internment, including those

internees who are in hospitals, or in prisons or other penitentiary establishments.

ART. 2. — The distribution of collective relief shipments shall be effected in

accordance with the instructions of the donors and with a plan drawn up by the

Internee Committees. The issue of medical stores shall, however, be made for

preference in agreement with the senior medical officers, and the latter may, in

hospitals and infirmaries, waive the said instructions, if the needs of their patients

so demand.Within the limits thus defined, the distribution shall always be carried

out equitably.

ART. 3.— Members of Internee Committees shall be allowed to go to the railway

stations or other points of arrival of relief supplies near their places of internment

so as to enable them to verify the quantity as well as the quality of the goods

received and to make out detailed reports thereon for the donors.

ART. 4. — Internee Committees shall be given the facilities necessary for

verifying whether the distribution of collective relief in all sub-divisions and

annexes of their places of internment has been carried out in accordance with their

instructions.

ART. 5.— Internee Committees shall be allowed to complete, and to cause to be

completed by members of the Internee Committees in labour detachments or by

the senior medical officers of infirmaries and hospitals, forms or questionnaires

intended for the donors, relating to collective relief supplies (distribution,

requirements, quantities, etc.). Such forms and questionnaires, duly completed,

shall be forwarded to the donors without delay.

ART. 6. — In order to secure the regular distribution of collective relief supplies

to the internees in their place of internment, and to meet any needs that may arise

through the arrival of fresh parties of internees, the Internee Committees shall be

allowed to create and maintain sufficient reserve stocks of collective relief. For this

purpose, they shall have suitable warehouses at their disposal; each warehouse shall

be provided with two locks, the Internee Committee holding the keys of one lock,

and the commandant of the place of internment the keys of the other.

ART. 7. — The High Contracting Parties, and the Detaining Powers in particular,

shall, so far as is in any way possible and subject to the regulations governing the

food supply of the population, authorize purchases of goods to be made in their

territories for the distribution of collective relief to the internees. They shall

likewise facilitate the transfer of funds and other financial measures of a technical

or administrative nature taken for the purpose of making such purchases.

ART. 8. — The foregoing provisions shall not constitute an obstacle to the right

of internees to receive collective relief before their arrival in a place of internment

or in the course of their transfer, nor to the possibility of representatives of the

Protecting Power, or of the International Committee of the Red Cross or any other

humanitarian organization giving assistance to internees and responsible for

forwarding such supplies, ensuring the distribution thereof to the recipients by any

other means they may deem suitable.

228 FOURTH GENEVA CONVENTION OF 1949 – ANNEX II

Write legibly and in block letters — 1.Nationality...............................................

2. Surname 3. First names (in full) 4. First name of father

................................................................................................................................

5. Date of birth .................…................ 6. Place of birth.......................................

7. Occupation .........................................................................................................

8.Address before detention....................................................................................

9.Address of next of kin ........................................................................................

................................................................................................................................

10. Interned on: * ...................................................................................................

(or)

Coming from (hospital, etc.) on: ..........................................................................

11. State of health * ................................................................................................

12. Present address .................................................................................................

13. Date.....................…........................ 14. Signature............................................

* Strike out what is not applicable.Do not add any remarks. See explanations on