THE GENEVA CONVENTIONS ACT, 1960 
____________ 

ARRANGEMENT OF SECTIONS 
___________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II  

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS 

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

CHAPTER III  

LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS 

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

CHAPTER IV 
ABUSE OF THE RED CROSS AND OTHER EMBLEMS 

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

CHAPTER V 
MISCELLANEOUS 

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

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

THE THIRD SCHEDULE. 

THE FOURTH SCHEDULE. 

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THE GENEVA CONVENTIONS ACT, 1960 

ACT NO. 6 OF 1960 

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

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

[12th March, 1960.] 

CHAPTER I 

PRELIMINARY 

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

Act, 1960. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1 as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

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

(a) “Conventions” means the Conventions set out in the Schedules; and the First Convention, the 
Second Convention, the Third Convention and the Fourth Convention mean the Conventions set out 
in the First, Second, Third and Fourth Schedules, respectively; 

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

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

(d) “protecting power”, in relation to a protected internee or a protected prisoner of war, means 
the power or organisation which is carrying out, in the interests of the power of which he is a national 
or  of  whose  forces  he  is  or  was  at  any  material  time  a  member,  the  duties  assigned  to  protecting 
powers under the Third Convention or, as the case may be, the Fourth Convention; 

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

CHAPTER II  

PUNISHMENT OF OFFENDERS AGAINST CONVENTIONS 

3.  Punishment  of  grave  breaches  of  conventions.—(1)  If  any  person  within  or  without  India 
commits  or  attempts  to  commit,  or  abets  or  procures  the  commission  by  any  other  person  of,  a  grave 
breach of any of the Conventions he shall be punished,— 

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

with death or with imprisonment for life; and 

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

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

(3) For the purposes of this section,— 

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

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

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

sec. 4(ii). 

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

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

(c)  a  grave  breach  of  the  Third  Convention  is  a  breach  of  that  Convention  involving  an  act 
referred to in article 130 of that Convention committed against persons or property protected by that 
Convention; and 

(d)  a  grave  breach  of  the  Fourth  Convention  is  a  breach  of  that  Convention  involving  an  act 
referred to in article 147 of that Convention committed against persons or property protected by that 
Convention. 

4. Liability of persons for offences committed outside India.—When an offence under this Chapter 
is committed by any person outside India, he may be dealt with in respect of such offence as if it had been 
committed at any place within India at which he may be found. 

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

Session shall try any offence punishable under this Chapter.  

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

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

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

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

CHAPTER III  

LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS 

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

before which— 

(a) a protected prisoner of war is brought up for trial for any offence; or  

(b) a protected internee is brought up for trial for an offence for which that court has power to 

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

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing 
the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor, 
has  been 
(if there is a protecting power) and, if the accused is a protected prisoner of war  on the accused and the 
prisoners‟ representative.  

three  weeks  previously  on 

served  not 

than 

less 

the  protecting  power                                                    

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

(a) the full name and description of the accused, including the date of his birth and his profession 
or  trade,  if  any,  and  if  the  accused  is  a  protected  prisoner  of  war,  his  rank  and  arm,  regimental, 
personal or serial number;  

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

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

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

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

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

person accused, as the case may be; and  

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

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

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

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

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

(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be 
complied with may, notwithstanding anything in any other law, authorise the detention of the accused in 
such custody as it may think fit for the period of the adjournment. 

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

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

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

shall not proceed with the trial unless— 

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

(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has 
elapsed since instructions for the representation of the accused at the trial were first given to the 
legal practitioner, 

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

(2) Where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by 
the  accused  as  representing  him,  the  legal  practitioner  instructed  for  the  purpose  on  behalf  of  the 
protecting power shall, without prejudice to the requirements of clause (ii) of the foregoing sub-section, 
be regarded for the purposes of that sub-section as representing the accused. 

(3)  If  the  court  adjourns  the  trial  in  pursuance  of  sub-section  (1)  by  reason  that  the  accused  is  not 
represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over 
the  interests  of  the  accused  at  any  further  proceedings  in  connection  with  the  offence,  and  at  any  such 
further proceedings, in the absence of a legal practitioner either accepted by the accused as representing 
him  or  instructed  as  mentioned  in  the  last  foregoing  sub-section,  the  legal  practitioner  assigned  in 
pursuance of this sub-section shall, without prejudice to the requirements of clause (ii) of sub-section (1), 
be regarded for the purposes of that sub-section as representing the accused. 

(4) A legal practitioner shall be assigned in pursuance of sub-section (3) in such manner as may be 
provided in the rules made under this Act or, in the absence of provisions in the rules, as the court directs, 
and the legal practitioner so assigned shall be entitled to such fees as may be provided in the rules made 
under this Act. 

10. Appeals by protected prisoners of war and internees.—(1) Where a protected prisoner of war 
or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years 
or  more,  any  time  allowed  in  relation  to  the  institution  of  an  appeal  against  the  conviction  or  sentence 
shall be deemed to continue to run until the day on which the convicted person receives a notice given,— 

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

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

of the prison or place in which he is confined, 

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

(2) Where, after an appeal against the conviction or sentence by a court of a protected prisoner of war 
or  a  protected  internee  has  been  decided,  the  sentence  remains  a  sentence  of  death,  or  remains  or  has 

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

(3) Where sub-section (1) applies in relation to a convicted person, then, unless the court otherwise 
orders, an order of the court relating to the restitution of property or the payment of compensation to an 
aggrieved person shall not take effect, and a provision of any law relating to the revesting of property on 
conviction  shall  not  take  effect  in  relation  to  the  conviction,  while  an  appeal  by  the  convicted  person 
against  his  conviction  or  sentence  is  possible  without  an  extension  of  time  other  than  the  extension 
provided by the last preceding sub-section. 

(4)  Sub-sections  (1),  (2)  and  (3)  shall  not  apply  in  relation  to  an  appeal  against  a  conviction  or 
sentence,  or  against the  decision  of  a  court  upon  a  previous  appeal,  if,  at  the time  of  the  conviction or 
sentence,  or  of  the  decision  of  the  court  upon  the  previous  appeal,  as  the  case  may  be,  there  is  no 
protecting power. 

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

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

(a)  in  fixing  a  term  of  imprisonment  in  respect  of  the  offence,  deduct  from  the  term  which  it 
would  otherwise  have  fixed  any  period  during  which  the  convicted  person  has  been  in  custody  in 
connection with that offence before the trial; and 

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

custody into account. 

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

CHAPTER IV  

ABUSE OF THE RED CROSS AND OTHER EMBLEMS 

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

the Central Government, use for any purpose whatsoever— 

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

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

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

designation “Red Crescent”; 

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, 
a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its 
raised  right  forepaw  a  scimitar,  with,  appearing  above  the  lion‟s  back,  the  upper  half  of  the  sun 
shooting forth rays, or the designation “Red Lion and Sun”; 

(d) the emblem of a white or silver cross with vertical and horizontal arms of the same length on, 
and  completely  surrounded  by,  a  red  ground,  being  the  heraldic  emblem  of  the  Swiss          
Confederation; or 

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(e) any design or wording so nearly resembling any of the emblems or designations specified in 
the preceding clauses of this section as to be capable of being mistaken for, or, as the case may be, 
understood as referring to, one of those emblems. 

13. Penalty.—If any person contravenes any of the provisions  of section 12, he shall be punishable 
with  fine  which  may  extend  to  five  hundred  rupees,  and  be  liable  to  forfeit  any  goods  upon  or  in 
connection with which the emblem, designation, design or wording was used by that person. 

14.  Offences  by  companies.—(1)  If  the  person  committing  an  offence  under  this  Chapter  is  a 
company,  the  company  as  well  as  every  person  in  charge  of,  and  responsible  to,  the  company  for  the 
conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the 
offence and shall be liable to be proceeded against and punished accordingly: 

Provided  that,  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this  Chapter has 
been committed by a company and it is proved that the offence has been committed with the consent or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of,  any 
director,  manager, secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and 
punished accordingly. 

Explanation.—For the purposes of this section,— 

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

individuals, and 

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

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

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

this Act; or 

(b) in a case where he is charged with using the design or wording upon goods, that the design or 
wording  had  been  applied  to  the  goods  before  he  acquired  them  by  some  other  person  who  had 
manufactured  or  dealt  with  the  goods  in  the  course  of  trade  and  who  lawfully  used  the  design  or 
wording upon similar goods before the coming into force of this Act. 

16.  Use  of  „Red  Cross‟  and  other  emblems  on  Indian  ship  or  aircraft.—The  provisions of  this 
Chapter extend to the use in or outside India of any emblem, designation, design or wording as is referred 
to in section 12 on any Indian ship or aircraft. 

CHAPTER V  

MISCELLANEOUS 

17. Cognizance of offences.—No court shall take cognizance of any offence under this Act except on 
complaint by the Government or of such officer of the Government as the Central Government may, by 
notification in the Official Gazette, specify. 

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

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

19.  Rules  to  be  laid  before  Parliament.—Every rule made by the Central Government under this 
Act shall be laid as soon as may be after it is made or issued before each House of Parliament while it is 

6 

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

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

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

law of India. 

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THE FIRST SCHEDULE 

(See section 2) 

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

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

CHAPTER I 

GENREAL PROVISIONS 

Article 1 

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

respect for the present Convention in all circumstances.  

Article 2 

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

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

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

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who 
are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by 
the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 

Article 3 

Conflicts not  of an international character.—In the case of armed conflict not of an international 
character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall 
be bound to apply, as a minimum, the following provisions:— 

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid 
down their arms and those place hors de combat by sickness, wounds, detention, or any other cause, shall 
in  all  circumstances  be  treated  humanely,  without  any  adverse  distinction  founded  on  race,  colour, 
religion or faith, sex, birth or wealth, or any other similar criteria. 

To  this  end,  the  following  acts  are  and  shall  remain  prohibited  at  any  time  and  in  any  place 

whatsoever with respect to the above-mentioned persons:— 

(a)  violence  to  life  and  person,  in  particular  murder  of  all  kinds,  mutilation,  cruel  treatment      

and torture; 

(b) taking of hostages; 

(c) outrages upon personal dignity, in particular humiliating and degrading treatment; 

(d)  the  passing  of  sentences  and  the  carrying  out  of  executions  without  previous  judgment 
pronounced  by  a  regularly  constituted  court,  affording  all  the  judicial  guarantees  which  are 
recognized as indispensable by civilized peoples. 

(2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as 

the International Committee of the Red Cross, may offer its services to the Parties to the conflict. 

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

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

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

to the conflict. 

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Article 4 

Application  by  neutral  Powers.—Neutral  Powers  shall  apply  by  analogy  the  provisions  of  the 
present Convention to the wounded and sick, and to members of the medical personnel and to chaplains 
of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead  
persons found. 

Duration  of  application.—For the protected persons who have fallen into the hands of the enemy, 

the present Convention shall apply until their final repatriation. 

Article 6 

Article 5 

Special 

addition 

agreements.—In 

the 
Articles  10,  15,  23,  28,  31,  36,  37  and  52,  the  High  Contracting  Parties  may  conclude  other  special 
agreements for all matters concerning which they  may deem it suitable to make separate provision. No 
special agreement shall adversely affect the situation of the wounded and sick, of members of the medical 
personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers 
upon them. 

agreements 

expressly 

provided 

for 

to 

in                             

Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of 
such agreements as long as the Convention is applicable to them, except where express provisions to the 
contrary are contained in the aforesaid or in subsequent agreements, or where more favorable measures 
have been taken with regard to them by one or other of the Parties to the conflict. 

Non-renunciation of rights.—Wounded and sick, as well as members of the medical personnel and 
chaplains,  may  in  no  circumstances  renounce  in  part  or  in  entirety  the  rights  secured  to  them  by  the 
present Convention, and by the special agreements referred to in the foregoing Article, if such there be. 

Article 7 

Article 8 

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

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

or delegates of the Protecting Powers. 

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission 
under  the  present  Convention.  They  shall,  in  particular,  take  account  of  the  imperative  necessities  of 
security  of  the  State  wherein  they  carry  out  their  duties.  Their  activities  shall  only  be  restricted  as  an 
exceptional and temporary measure when this is rendered necessary by imperative military necessities. 

Article 9 

Activities  of  the  International  committee  of  the  Red  Cross.—The  provisions  of  the  present 
Convention constitute no obstacle to the humanitarian activities which the International Committee of the 
Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to 
the  conflict  concerned,  undertake  for  the  protection  of  wounded  and  sick,  medical  personnel  and 
chaplains, and for their relief. 

Article 10 

Substitutes for Protecting Powers.—The High Contracting Parties may at any time agree to entrust 
to  an  organization  which  offers  all  guarantees  of  impartiality  and  efficacy  the  duties  incumbent  on  the 
Protecting Powers by virtue of the present Convention. 

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When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, no 
matter for what reason, by the activities of a Protecting Power or of an organization provided for in the 
first  paragraph  above,  the  Detaining  Power  shall  request  a  neutral  State,  or  such  an  organization,  to 
undertake the functions performed under the present Convention by a Protecting Power designated by the 
Parties to a conflict. 

If  protection  cannot  be  arranged  accordingly,  the  Detaining  Power  shall  request  or  shall  accept, 
subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as 
the  International  Committee  of  the  Red  Cross,  to  assume  the  humanitarian  functions  performed  by 
Protecting Powers under the present Convention. 

Any  neutral  power,  or  any  organization  invited  by  the  Power  concerned  or  offering  itself  for  these 
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which 
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances 
that it is in a position to undertake the appropriate functions and to discharge them impartially. 

No derogation from the preceding provisions shall be made by special agreements between  Powers 
one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies 
by reason of military events, more particularly where the whole, or a substantial part, of the territory of 
the said Power is occupied. 

Whenever  in  the  present  Convention  mention  is  made  of  a  Protecting  Power,  such  mention  also 

applies to substitute organizations in the sense of present Article. 

Article 11 

Conciliation procedure.—In cases where they deem it advisable in the interest of protected persons, 
particularly  in  cases  of  disagreement  between  the  Parties  to  the  conflict  as  to  the  application  or 
interpretation  of  the  provisions  of  the  present  Convention,  the  protecting  powers  shall  lend  their  good 
offices with a view to setting the disagreement. 

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own 
initiative,  propose  to  the  Parties  to  the  conflict  a  meeting  of  their  representatives,  in  particular  of  the 
authorities responsible for the wounded and sick members of medical personnel and chaplains, possibly 
on  neutral  territory  suitably  chosen.  The  parties  to  the  conflict  shall  be  bound  to  give  effect  to  the 
proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval 
by  the  Parties  to  the  conflict  a  person  belonging  to  a  neutral  Power  or  delegated  by  the  International 
Committee of the Red Cross who shall be invited to take part in such a meeting. 

CHAPTER II 

WOUNDED AND SICK 

Article 12 

Protection  and  care.—Members of the armed forces and other persons mentioned in the following 

Article, who are wounded or sick, shall be respected and protected in all circumstances. 

They shall be treated humanely and cared for by the Party to the conflict in whose power they may 
be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any 
other  similar  criteria.  Any  attempts  upon  their  lives,  or  violence  to  their  persons,  shall  be  strictly 
prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological 
experiments;  they  shall  not  wilfully  be  left  without  medical  assistance  and  care,  nor  shall  conditions 
exposing them to contagion or infection be created. 

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

Women shall be treated with all consideration due to their sex. 

The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as 
military consideration permits, leave with them a part of its medical personnel and material to assist in 
their care. 

10 

 
Article 13 

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

following categories:— 

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

corps forming part of such armed forces; 

(2)  Members  of  other  militias  and  members  of  other  volunteer  corps,  including  those  of  organized 
resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, 
even if this territory is occupied, provided that such militias or volunteer corps, including such organized 
resistance movements, fulfil the following conditions:— 

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

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

(c) that of carrying arms openly; 

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

(3)  Members  of  regular  armed  forces  who  profess  allegiance  to  a  Government  or  an  authority  not 

recognized by the Detaining Power; 

(4) Persons who accompany the armed forces without actually being members thereof, such as civil 
members of military aircraft crews, war correspondents, supply contractors, members of labour units or of 
services responsible for the welfare of the armed forces, provided that they have received authorization 
from the armed forces which they accompany; 

(5)  Members  of  crews,  including  masters,  pilots  and  apprentices,  of  the  merchant  marine  and  the 
crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under 
any other provisions in international law; 

(6) Inhabitants of a non-occupied territory who on the approach of the enemy spontaneously take up 
arms to resist the invading forces, without having had time to form themselves into regular armed units, 
provided they carry arms openly and respect the laws and customs of war. 

Status.—Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into 
enemy  hands  shall  be  prisoners  of  war, and the  provisions  of international law concerning  prisoners  of 
war shall apply to them. 

Article 14 

Article 15 

Search  for  casualties.  Evacuation.—At  all  times,  and  particularly  after  an  engagement,  Parties  to 
the  conflict  shall,  without  delay,  take  all  possible  measures  to  search  for  and  collect  the  wounded  and 
sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the 
dead and prevent their being despoiled. 

Whenever  circumstances  permit,  an  armistice  or  a  suspension  of  fire  shall  be  arranged,  or  local 
arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield. 

Likewise,  local  arrangements  may  be  concluded  between  Parties  to  the  conflict  for  the  removal  or 
exchange  of  wounded  and  sick  from  a  besieged  or  encircled  area,  and  for  the  passage  of  medical  and 
religious personnel and equipment on their way to that area. 

Article 16 

Recording and forwarding of information.—Parties to the conflict shall record as soon as possible, 
in  respect  of  each  wounded,  sick  or  dead  person  of  the  adverse  Party  falling  into  their  hands,  any 
particulars which may assist in his identification. 

11 

 
 
 
These records should if possible include— 

(a) designation of the Power on which he depends; 

(b) army, regimental, personal or serial number; 

(c) surname; 

(d) first name or names; 

(e) date of birth; 

(f) any other particulars shown on his identity card or disc; 

(g) date and place of capture or death; 

(h) particulars concerning wounds or illness, or cause of death. 

As soon as possible the above-mentioned information shall be forwarded to the Information Bureau 
described  in  Article  122  of  the  Geneva  Convention  relative  to  the  Treatment  of  Prisoners  of  War  of 
August  12,  1949,  which  shall  transmit  this  information  to  the  Power  on  which  these  persons  depend 
through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. 

Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of 
death or duly authenticated lists of dead. They shall likewise collect and forward through the same bureau 
one-half of a double identity disc, last wills or other documents of importance to the next of kin, money 
and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, 
together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all 
particulars  necessary  for  the  identification  of  the  deceased  owners,  as  well  as  by  a  complete  list  of the 
contents of the parcel. 

Article 17 

Prescriptions  regarding  the  dead.  Graves  Registration  Service.—Parties  to  the  conflict  shall 
ensure  that  burial  or  cremation  of  the  dead,  carried  out  individually  as  far  as  circumstances  permit,  is 
preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to 
confirming death, establishing identity and enabling a report to be made. One-half of the double identity 
disc, or the identity disc itself if it is a single disc, should remain on the body. 

Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the 
religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated 
in detail in the death certificate or on the authenticated list of the dead. 

They shall further ensure that the dead are honourably interred, if possible according to the rites of the 
religion  to  which  they  belonged,  that  their  graves  are  respected,  grouped  if  possible  according  to  the 
nationality of the deceased, properly maintained and marked so that they may always be found. For this 
purpose, they shall organise at the commencement of hostilities an Official Graves Registration Service, 
to  allow  subsequent  exhumations  and  to  ensure  the  identification  of  bodies,  whatever  the  site  of  the 
graves, and the possible transportation to the home country. These provisions shall likewise apply to the 
ashes, which shall be kept by the Graves Registration Services until proper disposal thereof in accordance 
with the wishes of the home country. 

As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, 
through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact 
location and markings of the graves together with particulars of the dead interred therein. 

Article 18 

Role  of  the  population.—The  military  authorities  may  appeal  to  the  charity  of  the  inhabitants 
voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have 
responded to this appeal the necessary protection and facilities. Should the adverse party take or retake 
control of the area, he shall likewise grant these persons the same protection and the same facilities. 

12 

 
The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied 
areas,  spontaneously  to  collect  and  care  for  wounded  or  sick  of  whatever  nationality.  The  civilian 
population shall respect these wounded and sick, and in particular abstain from offering them violence. 

No one may ever be molested or convicted for having nursed the wounded or sick. 

The provisions of the present Article do not relieve the occupying Power of its obligation to give both 

physical and moral care to the wounded and sick. 

CHAPTER III 

MEDICAL UNITS AND ESTABLISHMENTS 

Article 19 

Protection.—Fixed  establishments  and  mobile  medical  units  of  the  Medical  Service  may  in  no 
circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. 
Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as 
long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in 
such establishment and units. 

The responsible authorities shall ensure that the said medical establishments and units are, as far as 

possible, situated in such a manner that attacks against military objectives cannot imperil their safety. 

Protection of hospital ships.—Hospital ships entitled to the protection of the Geneva Convention for 
the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 
of August 12, 1949, shall not be attacked from the land. 

Article 20 

Article 21 

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

Article 22 

Conditions  not  depriving  medical  units  and  establishments  of  protection.—The  following 
conditions  shall  not  be  considered  as  depriving  a  medical  unit  or  establishment  of  the  protection 
guaranteed by Article 19:— 

(1) That the personnel of the unit or establishment are rearmed, and that they use the arms in their 

own defence, or in that of the wounded and sick in their charge. 

(2) That in the absence  of armed  orderlies,  the  unit  or  establishment  is  protected  by  a  picket or  by 

sentries or by an escort. 

(3)  That  small  arms  and  ammunition  taken  from  the  wounded  and  sick  and  not  yet  handed  to  the 

proper service, are found in the unit or establishment. 

(4)  That  personnel  and  material  of  the  veterinary  service  are  found  in  the  unit  or  establishment, 

without forming an integral part thereof. 

(5) That the humanitarian activities of medical units and establishments or of their personnel extend 

to the care of civilian wounded or sick. 

Hospital zones and localities.—In time of peace, the High Contracting Parties and, after the outbreak 
of  hostilities,  the  Parties  to  the  conflict,  may  establish  in  their  own  territory  and,  if  the  need  arises,  in 
occupied  areas,  hospital  zones  and  localities  so  organized  as  to  protect the  wounded  and  sick  from  the 

Article 23 

13 

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

Upon  the  outbreak  and  during  the  course  of  hostilities,  the  Parties  concerned  may  conclude 
agreements  on  mutual  recognition  of  the  hospital  zones  and localities  they  have  created. They  may  for 
this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with 
such amendments as they may consider necessary. 

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

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

CHAPTER IV 

PERSONNEL 

Article 24 

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

Article 25 

Protection of auxiliary personnel.—Members of the armed forces specially trained for employment, 
should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the 
collection,  transport  or  treatment  of  the  wounded  and  sick  shall  likewise  be  respected  and  protected  if 
they  are  carrying  out  these  duties  at  the  time  when  they  come  into  contact  with  the  enemy  or  fall  into     
his hands. 

Article 26 

Personnel  of  aid  societies.—The staff of National Red Cross Societies and that of other Voluntary 
Aid Societies, duly recognised and authorised by their Governments, who may be employed on the same 
duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the 
said Article, provided that the staff of such societies are subject to military laws and regulations. 

Each High Contracting Party shall notify to the other, either in time of peace or at the commencement 
of or during hostilities, but in any case before actually employing them, the names of the societies which 
it  has  authorised,  under  its  responsibility,  to  render  assistance  to  the  regular  medical  service  of  its               
armed forces. 

Article 27 

Societies  of  neutral  countries.—A  recognized  Society  of  a  neutral  country  can  only  lend  the 
assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own 
Government and the authorisation of the Party to the conflict concerned. That personnel and those units 
shall be placed under the control of that Party to the conflict. 

The  neutral  Government  shall  notify  this  consent  to  the  adversary  of  the  State  which  accepts  such 
assistance.  The  Party  to  the  conflict  who  accepts  such  assistance  is  bound  to  notify  the  adverse  Party 
thereof before making any use of it. 

In no circumstances shall this assistance be considered as interference in the conflict. 

The members of the personnel named in the first paragraph shall be duly furnished with the identify 

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

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

Article 28 

14 

 
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit 
by  all  the  provisions  of  the  Geneva  Convention  relative  to  the  Treatment  of  Prisoners  of  War  of        
August 12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and 
under  the  authority  of  its  competent  service,  they  shall  continue  to  carry  out,  in  according  with  their 
professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the 
armed  forces  to  which  they  themselves  belong.  They  shall  further  enjoy  the  following  facilities  for 
carrying out their medical or spiritual duties:— 

(a) They shall be authorised to visit periodically the prisoners of war in labour units or hospitals 

outside the camp. The Detaining Power shall put at their disposal the means of transport required. 

(b) In each camp the senior medical officer of the highest rank shall be responsible to the military 
authorities  of  the  camp  for  the  professional  activity  of  the  retained  medical  personnel.  For  this 
purpose,  from  the  outbreak  of  hostilities,  the  Parties  to  the  conflict  shall  agree  regarding  the 
corresponding  seniority  of  the  ranks  of  their  medical  personnel,  including  those  of  the  societies 
designated  in  Article  26.  In  all  questions  arising  out  of  their  duties,  this  medical  officer,  and  the 
chaplains, shall have direct access to the military and medical authorities of the camp who shall grant 
them the facilities they may require for correspondence relating to these questions. 

(c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, 

however, be required to perform any work outside their medical or religious duties. 

During  hostilities  the  parties  to  the  conflict  shall  make  arrangements  for  relieving  where  possible 

retained personnel, and shall settle the procedure of such relief. 

None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it 

with regard to the medical and spiritual welfare of the prisoners of war. 

Article 29 

Status of auxiliary personnel.—Members of the personnel designated in Article 25 who have fallen 
into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so 
far as the need arises. 

Article 30 

Return  of  medical  and  religious  personnel.—Personnel  whose  retention  is  not  indispensable  by 
virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as 
soon as a road is open for their return and military requirements permit. 

Pending  their  return,  they  shall  not  be  deemed  prisoners  of  war.  Nevertheless  they  shall  at  least 
benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 
August 12, 1949.They shall continue to fulfil their duties under the orders of the adverse Party and shall 
preferably  be  engaged  in  the  care  of  the  wounded  and  sick  of  the  Party  to  the  conflict  to  which  they 
themselves belong. 

On  their  departure,  they  shall  take  with  them  the  effects,  personal  belongings,  valuables  and 

instruments belonging to them. 

Article 31 

Selection of personnel for return.—The selection of personnel for return under Article 30 shall be 
made irrespective of any consideration of race, religion or political opinion, but preferably according to 
the chronological order of their capture and their state of health. 

As  from  the  outbreak  of  hostilities,  parties  to  the  conflict  may  determine  by  special  agreement  the 
percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the 
said personnel in the camps. 

Article 32 

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

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

15 

 
Unless  otherwise  agreed,  they  shall  have  permission  to  return  to  their  country,  or  if  this  is  not 
possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their 
return is open and military considerations permit. 

Pending  their  release,  they  shall  continue  their  work  under  the  direction  of  the  adverse  Party;  they 
shall  preferably  be  engaged  in  the  care  of  the  wounded  and  sick  of  the  Party  to  the  conflict  in  whose 
service they were. 

On  their  departure,  they  shall  take  with  them  their  effects,  personal  articles  and  valuable  and  the 

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

The  Parties  to  the  conflict  shall  secure  to  these  personnel,  while  in  their  power,  the  same  food, 
lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food 
shall  in  any  case  be  sufficient  as  regards  quantity,  quality  and  variety  to  keep  the  said  personnel  in  a 
normal state of health. 

CHAPTER V 

BUILDINGS AND MATERIAL 

Article 33 

Buildings and stores.—The material of mobile medical units of the armed forces which fall into the 

hands of the enemy, shall be reserved for the care of wounded and sick. 

The buildings, material and stores of fixed medical establishments of the armed forces shall remain 
subject to the laws of war, but may not be diverted from that purpose as long as they are required for the 
care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in 
case of urgent military necessity, provided that they make previous arrangements for the welfare of the 
wounded and sick who are nursed in them. 

The material and stores defined in the present Article shall not be intentionally destroyed. 

Article 34 

Property of aid societies.—The real and personal property of aid societies which are admitted to the 

privileges of the Convention shall be regarded as private property. 

The  right  of  requisition  recognised  for  belligerents  by  the  laws  and  customs  of  war  shall  not  be 

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

CHAPTER VI 

MEDICAL TRANSPORTS 

Article 35 

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

protected in the same way as mobile medical units. 

Should such transport or vehicles fall into the hands of the adverse Party, they shall be subject to the 
laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care 
of the wounded and sick they contain. 

The  civilian  personnel  and  all  means  of  transport  obtained  by  requisition  shall  be  subject  to  the 

general rules of international law. 

Article 36 

Medical aircraft.—Medical aircraft, that is to say, aircraft exclusively employed for the removal of 
wounded and  sick  and  for the  transport  of  medical  personnel  and  equipment, shall  not  be attacked, but 
shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon 
between the belligerents concerned. 

16 

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

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. 

Medical  aircraft  shall  obey  every  summons  to  land.  In  the  event  of  a  landing  thus  imposed,  the 

aircraft with its occupants may continue its flight after examination, if any. 

In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick , 
as  well  as  the  crew  of  the  aircraft  shall  be  prisoners  of  war.  The  medical  personnel  shall  be  treated 
according to Article 24 and the Articles following. 

Article 37 

Flight  over  neutral  countries.  Landing  of  wounded.—Subject  to  the  provisions  of  the  second 
paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on 
it in case of necessity, or use it as a port of call. They shall give the neutral  Powers previous notice of 
their  passage  over  the  said  territory  and  obey  all  summons  to  alight,  on  land  or  water.  They  will  be 
immune from attack only when flying on routes, at heights and at times specifically agreed upon between 
the Parties to the conflict and the neutral Power concerned. 

The  neutral  Powers  may,  however,  place  conditions  or  restrictions  on  the  passage  or  landing  of 
medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all 
Parties to the conflict. 

Unless agreed otherwise between neutral Power and the Parties to the conflict, the wounded and sick 
who  are  disembarked,  with  the consent  of the  local  authorities,  on  neutral territory  by  medical  aircraft, 
shall be detained by the neutral Power, where so required by international law, in such a manner that they 
cannot  again  take  part  in  operations  of  war.  The  cost  of  their  accommodation  and  internment  shall  be 
borne by the Power on which they depend. 

CHAPTER VII 

THE DISTINCTIVE EMBLEM 

Article 38 

Emblem of the Convention.—As a compliment to Switzerland, the heraldic emblem of the red cross 
on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign 
of the Medical Service of armed forces. 

Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red 
crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the 
present Convention. 

Use  of the  emblem.—Under the direction of the competent military authority, the emblem shall be 

displayed on the flags, armlets and on all equipment employed in the Medical Service. 

Article 39 

Article 40 

Identification of medical and religious personnel.—The personnel designated in Article 24 and in 
Articles  26  and  27  shall  wear,  affixed  to  the  left  arm,  a  water-resistant  armlet  bearing  the  distinctive 
emblem, issued and stamped by the military authority. 

Such  personnel,  in addition  to  wearing  the  identity  disc  mentioned  in  Article  16,  shall  also  carry  a 
special identity card bearing the distinctive emblem.  This card shall be water-resistant and of such size 
that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the 
surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in 
what  capacity  he  is  entitled  to  the  protection  of  the  present  Convention.  The  card  shall  bear  the 
photograph on the owner and also either his signature or his finger-prints or both. It shall be embossed 
with the stamp of the military authority. 

17 

 
The  identity  card  shall  be  uniform  throughout  the  same  armed  forces  and,  as  far  as  possible,  of  a 
similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided 
by the model which is annexed, by way of example, to the present Convention. They shall inform each 
other,  at  the  outbreak  of  hostilities,  of  the  model  they  are  using.  Identity  cards  should  be  made  out,  if 
possible, at least in duplicate, one copy being kept by the home country. 

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the 
right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to 
have the insignia replaced. 

Article 41 

Identification of auxiliary personnel.—The personnel designated in Article 25 shall wear, but only 
while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the 
armlet shall be issued and stamped by the military authority. 

Military identity documents to be carried by this type of personnel shall specify what special training 
they have received, the temporary character of the duties they are engaged upon, and their authority for 
wearing the armlet. 

Article 42 

Marking  of  medical  units  and  establishments.—The  distinctive  flag  of  the  Convention  shall  be 
hoisted  only  over  such  medical  units  and  establishments  as  are  entitled  to  be  respected  under  the 
Convention, and only with the consent of the military authorities. 

In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to 

the conflict to which the unit or establishment belongs. 

Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other 

than that of the Convention. 

Parties  to  the  conflict  shall  take  the  necessary  steps,  in  so  far  as  military  considerations  permit,  to 
make  the  distinctive  emblems  indicating  medical  units  and  establishments  clearly  visible  to  the  enemy 
land, air or naval forces, in order to obviate the possibility of any hostile action. 

Article 43 

Marking  of  units  of  neutral  countries.—The  medical  units  belonging  to  neutral  countries,  which 

may  have  been  authorized  to  lend  their  services  to  a  belligerent  under  the  conditions  laid  down  in             
Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever 
the latter makes use of the faculty conferred on him by Article 42. 

Subject to orders to the contrary by the responsible military authorities, they may on all occasions, fly 

their national flag, even if they fall into the hands of the adverse Party. 

Article 44 

Restrictions in the use of the emblem. Exceptions.—With the exception of the cases mentioned in 
the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the 
words “Red Cross”, or “Geneva Cross” may not be employed, either in time of peace or in time of war, 
except to indicate or to protect the medical units and establishments, the personnel and material protected 
by the present Convention and other Conventions dealing with similar matters. The same shall apply to 
the emblems mentioned in Article 38 second paragraph, in respect of the countries which use them. The 
National Red Cross Societies and other Societies designated in Article 26 shall have the right to use the 
distinctive  emblem  conferring  the  protection  of  the  Convention  only  within  the  frame  work  of  the     
present paragraph. 

Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, 
in accordance with their national legislation, make use of the name and emblem of the Red Cross for their 
other  activities  which  are  in  conformity  with  the  principles  laid  down  by  the  International  Red  Cross 
Conferences.  When  those  activities  are  carried  out  in  time  of  war,  the  conditions  for  the  use  of  the 

18 

 
emblem  shall  be  such  that  it  cannot  be  considered  as  conferring  the  protection  of  the  Convention;  the 
emblem  shall  be  comparatively  small  in  size  and  may  not  be  placed  on  armlets  or  on  the  roofs                            
of buildings. 

The international Red Cross organizations and their duly authorized personnel shall be permitted to 

make use, at all times, of the emblem of the Red Cross on a white ground. 

As an exceptional measure, in conformity with national legislation and with the express permission of 
one  of  the  National  Red  Cross  (Red  Crescent,  Red  Lion  and  Sun)  Societies,  the  emblem  of  the 
Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the 
position  of  aid  stations  exclusively  assigned  to  the  purpose  of  giving  free  treatment  to  the  wounded                   
or sick. 

CHAPTER VIII 

EXECUTION OF THE CONVENTION 

Article 45 

Detailed  execution.  Unforeseen  cases.—Each  Party 

to 

the  conflict,  acting 

through 

its       

commanders-in-chief,  shall  ensure  the  detailed  execution  of  the  preceding  Articles,  and  provide  for 
unforeseen cases, in conformity with the general principles of the present Convention. 

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

protected by the Convention are prohibited. 

Article 46 

Article 47 

Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in 
time  of  war,  to  disseminate  the text  of the  present  Convention  as  widely  as  possible  in  their respective 
countries, and in particular, to include the study thereof in their programmes of military and, if possible, 
civil instruction, so that the principles thereof may become known to the entire population, in particular to 
the armed fighting forces, the medical personnel and the chaplains. 

Article 48 

Translations Rules of application.—The High Contracting Parties shall communicate to one another 
through  the  Swiss  Federal  Council  and,  during  hostilities,  through  the  Protecting  Powers,  the  official 
translations of the present convention, as well as the laws and regulations which they may adopt to ensure 
the application thereof. 

CHAPTER IX 

REPRESSION OF ABUSES AND INFRACTIONS 

Article 49 

Penal  sanctions.  I.  General  observations.—The  High  Contracting  Parties  undertake  to  enact  any 
legislation  necessary  to  provide  effective  penal  sanctions  for  persons  committing,  or  ordering  to  be 
committed, any of the grave breaches of the present Convention defined in the following Article. 

Each  High  contracting  Party  shall  be  under  the  obligation  to  search  for  persons  alleged  to  have 
committed,  or  to  have  ordered  to  be  committed,  such  grave  breaches,  and  shall  bring  such  persons, 
regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the 
provisions  of  its  own  legislation,  hand  such  persons  over  for  trial  to  another  High  Contracting  Party 
concerned. Provided such High Contracting Party has made out a prima facie case. 

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to 

the provisions of the present Convention other than the grave breaches defined in the following Article. 

19 

 
In  all  circumstances,  the  accused  persons  shall  benefit  by  safeguards  of  proper  trial  and  defence, 
which shall not be less favorable than those provided by Article 105 and those following of the Geneva 
Convention relative to the Treatment of Prisoners of War of August 12, 1949. 

Article 50 

II. Grave breaches.—Grave breaches to which the preceding Article relates shall be those involving 
any  of the  following  acts, if  committed  against  persons  or  property  protected  by  the convention:  wilful 
killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or 
serious injury to body or health, and extensive destruction and appropriation of property, not justified by 
military necessity and carried out unlawfully and wantonly. 

Article 51 

III.  Responsibilities  of  the  Contracting  parties.—No  High  Contracting  Party  shall  be  allowed  to 
absolve itself or any other High  Contracting Party of any liability incurred by itself or by another High 
Contracting Party in respect of breaches referred to in the preceding Article. 

Article 52 

Enquiry  procedure.—At  the  request  of  a  Party  to  the  conflict,  an  enquiry  shall  be  instituted,  in  a 
manner to be decided between the interested Parties, concerning any alleged violation of the Convention. 

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree 

on the choice of an umpire who will decide upon the procedure to be followed. 

Once  the  violation  has  been  established,  the  Parties  to  the  conflict  shall  put  an  end  to  it  and  shall 

repress it with the least possible delay. 

Article 53 

Misuse  of  the  emblem.—The  use  by  individuals,  societies,  firms  or  companies  either  public  or 
private, other than those entitled thereto under the present Convention, of the emblem or the designation 
“Red Cross” or “Geneva Cross”, or any sign or designation constituting an imitation thereof, whatever the 
object of such use, and irrespective of the date of its adoption, shall be prohibited at all times. 

By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of 
the  confusion  which  may  arise  between  the  arms  of  Switzerland  and  the  distinctive  emblem  of  the 
Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or 
of  marks  constituting  an imitation  thereof,  whether as  trade  marks  or  commercial  marks,  or  as  parts  of 
such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding 
Swiss national sentiment, shall be prohibited at all times. 

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

July  27,  1929,  may  grant  to  prior  users  of  the  emblems,  designations,  signs or marks  designated  in  the 
first  paragraph,  a  time  limit  not  to  exceed  three  years  from  the  coming  into  force  of  the  present 
Convention to discontinue such use, provided that the said use shall not be such as would appear, in time 
of war, to confer the protection of the Convention. 

The prohibition laid down in the first paragraph of the present Article shall also apply, without effect 
on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of 
Article 38. 

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

Article 54 

FINAL PROVISIONS 

Article 55 

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

equally authentic. 

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

Russian and Spanish languages. 

20 

 
Article 56 

Signature.—The  present  Convention,  which  bears  the  date  of  this  day,  is  open  to  signature  until 
February 12, 1950, in the name of the powers represented at the Conference which opened at Geneva on 
April  21,  1949;  furthermore,  by  Powers  not  represented  at  that  conference  but  which  are  parties  to  the 
Geneva  Conventions  of  1864,  1906  or  1929  for  the  Relief  of  the  Wounded  and  sick  in  Armies  in                      
the Field. 

Article 57 

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

be deposited at Berne. 

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

Article 58 

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

two instruments of ratification have been deposited. 

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

instrument of ratification. 

Article 59 

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

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

Article 60 

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

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

Article 61 

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

and shall take effect six months after the date on which they are received. 

The  Swiss  Federal  Council  shall  communicate  the  accessions  to  all  the  Powers  in  whose  name  the 

Convention has been signed, or whose accession has been notified. 

Article 62 

Immediate  effect.—The  situations  provided  for  in  Articles  2  and  3  shall  give  immediate  effect  to 
ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning 
of  hostilities  or  occupation.  The  Swiss  Federal  Council shall communicate  by  the  quickest  method any 
ratifications or accessions received from Parties to the conflict. 

Article 63 

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

present Convention. 

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

the Governments of all the High Contracting Parties. 

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

The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair 
the obligations which the parties to the conflict shall remain bound to fulfill by virtue of the principles of 

21 

 
the law of nations, as they result from the usages established among civilized peoples, from the laws of 
humanity and the dictates of the public conscience. 

Article 64 

Registration  with  the  United  Nations.—The  Swiss  Federal  Council  shall  register  the  present 
Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the 
Secretariat  of  the  United  Nations  of  all  ratifications,  accessions  and  denunciations  received  by  it  with 
respect to the present Convention. 

It  witness  whereof  the  undersigned,  having  deposited  their  respective  full  powers,  have  signed  the 

present Convention. 

Done at Geneva this twelfth day of August 1949 in the English and French languages. The original 
shall be deposited in the archives of the Swiss Confederation. The Swiss Federal Council shall transmit 
certified copies thereof to each of the signatory and acceding States. 

22 

 
THE SECOND SCHEDULE 

(See section 2) 

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED, SICK AND 
SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF AUGUST 12, 1949 

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held 
at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague  Convention of 
October 18,1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 
1906, have agreed as follows:— 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in 

all circumstances. 

Article 2 

Application of the Convention.—In addition to the provisions which shall be implemented in peace 
time, the present Convention shall apply to all cases of declared war or of any other armed conflict which 
may arise between two or more of the High Contracting Parties, even if the state of war is not recognised 
by one of them. 

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

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

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who 
are parties thereto shall remain bound by the Convention in relation to the said Power, if the latter accepts 
and applies the provisions thereof. 

Article 3 

Conflicts not of an international character.—In the case of armed conflict not of an international 
character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall 
be bound to apply, as a minimum, the following provisions:— 

 (1) Persons taking no active part in the hostilities, including members of armed forces who have laid 
down  their arms  and those  placed,  hors  de combat  by  sickness,  wounds,  detention,  or  any  other  cause, 
shall  in  all  circumstances  be  treated  humanely,  without  any  adverse  distinction  founded  on  race,  color, 
religion or faith, sex, birth or wealth, or any other similar criteria. 

To  this  end,  the  following  acts  are  and  shall  remain  prohibited  at  any  time  and  in  any  place 

whatsoever with respect to the above-mentioned persons:— 

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and 

torture; 

(b) taking of hostages; 

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment; 

(d)  the  passing  of  sentences  and  the  carrying  out  of  executions  without  previous  judgement 
pronounced  by  a  regularly  constituted  court,  affording  all  the  judicial  guarantees  which  are 
recognised as indispensable by civilized peoples. 

(2) The wounded, sick and shipwrecked shall be collected and cared for. 

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its 

services to the Parties to the conflict. 

23 

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

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

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

to the conflict. 

Article 4 

Field of application.—In case of hostilities between land and naval forces of Parties to the conflict, 

the provisions of the present Convention shall apply only to forces on board ship. 

Forces put ashore shall immediately become subject to the provisions of the Geneva  Convention for 

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

Article 5 

Application  by  neutral  powers.—Neutral  Powers  shall  apply  by  analogy  the  provisions  of  the 
present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and 
to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well 
as to dead persons found. 

Article 6 

Special 

addition 

agreements.—In 

the 
Articles  10,  18,  31,  38,  39,  40,  43  and  53,  the  High  Contracting  Parties  may  conclude  other  special 
agreements for all matters  concerning which they  may deem it suitable to make separate provision, No 
special  agreement  shall  adversely  affect  the  situation  of  wounded,  sick  and  shipwrecked  persons,  of 
members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the 
rights which it confers upon them. 

agreements 

expressly 

provided 

for 

to 

in                                   

Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue 
to  have  the  benefit  of  such  agreements  as  long  as  the  Convention  is  applicable  to  them,  except  where 
express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where 
more  favorable  measures  have  been  taken  with  regard  to  them  by  one  or  other  of  the  Parties                         
to the conflict. 

Article 7 

Non-renunciation  of  rights.—Wounded, sick and shipwrecked persons, as well as members of the 
medical  personnel  and  chaplains,  may  in  no  circumstances  renounce  in  part  or  in  entirety  the  rights 
secured  to  them  by  the  present  Convention,  and  by  the  special  agreements  referred  to  in  the  foregoing 
Article, if such there be. 

Article 8 

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

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

or delegates of the Protecting Powers. 

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission 
under  the  present  Convention.  They  shall,  in  particular,  take  account  of  the  imperative  necessities  of 
security  of  the  State  wherein  they  carry  out  their  duties.  Their  activities  shall  only  be  restricted  as  an 
exceptional and temporary measure when this is rendered necessary by imperative military necessities. 

24 

 
 
 
Article 9 

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

Article 10 

Substitutes for Protecting Powers.—The High Contracting Parties may at any time agree to entrust 
to  an  organization  which  offers  all  guarantees  of  impartiality  and  efficacy  the  duties  incumbent  on  the 
Protecting Powers by virtue of the present Convention. 

When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to 
benefit, no matter for what reason, by the activities of a Protecting Power or of an organisation provided 
for in the first paragraph above, the Detaining Power shall request a neutral state, or such an organisation, 
to undertake the functions performed under present Convention by a Protecting Power designated by the 
Parties to a conflict. 

If  protection  cannot  be  arranged  accordingly,  the  Detaining  Power  shall  request  or  shall  accept, 
subject to the provisions of this Article, the offer of the services of a humanitarian organisation, such as 
the  International  Committee  of  the  Red  Cross,  to  assume  the  humanitarian  functions  performed  by 
protecting powers under the present Convention. 

Any  neutral  Power,  or  any  organisation  invited  by  the  Power  concerned  or  offering  itself  for  these 
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which 
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances 
that it is in a position to undertake the appropriate functions and to discharge them impartially. 

No derogation from the preceding provisions shall be made by special agreements between  Powers 
one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies 
by reason of military events, more particularly where the whole, or a substantial Part, of the territory of 
the said Power is occupied. 

Whenever,  in  the  present  Convention,  mention  is  made  of  a  Protecting  Power,  such  mention  also 

applies to substitute organisations in the sense of the present Article. 

Article 11 

Conciliation procedure.—In cases where they deem it advisable in the interest of protected persons, 
particularly  in  cases  of  disagreement  between  the  Parties  to  the  conflict  as  to  the  application  or 
interpretation  of  the  provisions  of  the  present  Convention,  the  Protecting  Powers  shall  lend  their  good 
offices with a view to setting the disagreement. 

For this purpose, each of the Protecting Powers may, either at the invitation of one party or on its own 
initiative,  propose  to  the  parties  to  the  conflict  a  meeting  of  their  representatives,  in  particular  of  the 
authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly 
on  neutral  territory  suitable  chosen.  The  Parties  to  the  conflict  shall  be  bound  to  give  effect  to  the 
proposals made to them for this purpose. The Protecting powers may, if necessary, propose for approval 
by  the  Parties  to  the  conflict,  a  person  belonging  to  a  neutral  Power  or  delegated  by  the  International 
Committee of the Red Cross, who shall be invited to take part in such a meeting. 

CHAPTER II 

WOUNDED, SICK AND SHIPWRECKED 

Article 12 

Protection  and  care.—Members of the armed forces and other persons mentioned in the following 
Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all 
circumstances,  it  being  understood  that  the  term  “shipwreck”  means  shipwreck  from  any  cause  and 
includes forced landings at sea by or from air-craft. 

25 

 
 
Such persons shall be treated humanely and cared for by the  Parties to the conflict in whose power 
they  may  be,  without  any  adverse  distinction  founded  on  sex,  race,  nationality,  religion,  political 
opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be 
strictly  prohibited;  in  particular,  they  shall  not  be  murdered  or  exterminated,  subjected  to  torture  or  to 
biological  experiments;  they  shall  not  wilfully  be  left  without  medical  assistance  and  care,  nor  shall 
conditions exposing them to contagion or infection be created. 

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

Women shall be treated with all consideration due to their sex. 

Article 13 

Protected  persons.—The present  Convention  shall apply  to the  wounded,  sick and  shipwrecked  at 

sea belonging to the following categories:— 

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer 

corps forming part of such armed forces; 

(2)  Members  of  other  militias  and  members  of  other  volunteer  corps,  including  those  of  organized 
resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, 
even  if  this  territory  is  occupied,  provided  that  such  militaries  or  volunteer  corps,  including  such 
organized resistance movements, fulfill the following conditions:— 

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

(b) that of having a fixed distinctive sign recognisable at a distance. 

(c) that of carrying arms openly; 

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

(3)  Members  of  regular  armed  forces  who  profess  allegiance  to  a  Government  or  an  authority  not 

recognised by the Detaining Power; 

(4) Persons who accompany the armed forces without actually being member thereof, such as civil 
members of military aircraft crews, war correspondents, supply contractors, members of labour units or of 
services responsible for the welfare of the armed forces, provided that they have received authorization 
from the armed forces which they accompany; 

(5)  Members  of  crews,  including  masters,  pilots  and  apprentices,  of  the  merchants  marine  and  the 
crews of civil aircraft of the parties to the conflict who do not benefit by more favorable treatment under 
any other provisions of international law; 

(6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up 
arms to resist the invading forces, without having had time to form themselves into regular armed units, 
provided they carry arms openly and respect the laws and customs of war. 

Article 14 

Handing over to a belligerent.—All warships of a belligerent Party shall have the right to demand 
that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to 
relief  societies  or  to  private  individuals,  as  well  as  merchant  vessels,  yachts  and  other  craft  shall  be 
surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved 
and that the warship can provide adequate facilities for necessary medical treatment. 

Wounded taken on board a neutral warship.—If wounded, sick or shipwrecked persons are taken 
on  board  a  neutral  warship  or  a  neutral  military  aircraft,  it  shall  be  ensured,  where  so  required  by 
international law, that they can take no further part in operations of war. 

Article 15 

26 

 
 
 
Article 16 

Wounded falling into enemy hands.—Subject to the provisions of Article 12, the wounded, sick and 
shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of 
international law concerning prisoners of war shall apply to them. The captor may decide, according to 
circumstances,  whether  it  is  expedient  to  hold  them,  or  to  convey  them  to  a  port  in  the  captor‟s  own 
country,  to  a  neutral  port  or  even  to  a  port  in  enemy  territory.  In  the  last  case,  prisoners  of  war  thus 
returned to their home country may not serve for the duration of the war. 

Article 17 

Wounded  landed  in  a  neutral  port.—Wounded,  sick  or  shipwrecked  persons  who  are  landed  in 
neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between 
the  neutral  and  the  belligerent  Powers,  be  so  guarded  by  the  neutral  Power,  where  so  required  by 
international law, that the said persons cannot again take part in operations of war. 

The  costs  of  hospital  accommodation  and  internment  shall  be  borne  by  the  Power  on  whom  the 

wounded, sick or shipwrecked persons depend. 

Article 18 

Search for  causalities  after  an  engagement.—After each engagement, Parties to the conflict shall 
without delay take all possible measures to search for and collect the shipwrecked, wounded and sick, to 
protect them against pillage and ill—treatment, to ensure their adequate care, and to search for the dead 
and prevent their being despoiled. 

Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the 
removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical 
and religious personnel and equipment on their way to that area. 

Article 19 

Recording  and  forwarding  of  information.—The  Parties  to  the  conflict  shall  record  as  soon  as 
possible in respect of each shipwrecked, wounded sick or dead person of the adverse  Party falling into 
their  hands,  any  particulars  which  may  assist  in  his  identification.  These  records  should  if                     
possible include:— 

(a) designation of the Power on which he depends; 

(b) army, regimental, personnel or serial number; 

(c) surname; 

(d) first name or names; 

(e) date of birth; 

(f) any other particulars shown on his identity card or disc; 

(g) date and place of capture or death; 

(h) particulars concerning wounds or illness, or cause of death. 

As soon as possible the above mentioned information shall be forwarded to the Information Bureau 
described  in  Article  122  of  the  Geneva  Convention  relative  to  the  Treatment  of  Prisoners  of  War  of 
August  12,  1949,  which  shall  transmit  this  information  to  the  Power  on  which  these  persons  depend 
through the intermediary of the protecting Power and of the Central Prisoners of War Agency. 

Parties to the conflict shall prepare and forward to each other through the same Bureau, certificates of 
death or duly authenticated lists of dead. They shall likewise collect and forward through the same Bureau 
one-half  of  the  double  identity  disc,  or  the  identity  disc  itself  if  it  is  a  single  disc,  last  wills  or  other 
documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental 
value , which are found on the dead. These  articles, together with unidentified  articles, shall be sent in 
sealed  packets,  accompanied  by  statements  giving  all  particulars  necessary  for  the  identification  of  the 
deceased owners as well as by a complete list of the contents of the parcel. 

27 

 
Article 20 

Prescriptions regarding the dead.—Parties to the conflict shall ensure that burial at sea of the dead, 
carried out individually as far as circumstances permit, is preceded by a careful examination, if possible 
by  a  medical  examination,  of  the  bodies,  with  a  view  to  confirming  death,  establishing  identity  and 
enabling a report to be made. Where a double identity disc is used, one-half of the disc should remain on 
the body. 

If  dead  persons  are  landed,  the  provisions  of  the  Geneva  Convention  for  the  Amelioration  of  the 
Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable. 

Article 21 

Appeals to neutral vessels.—The Parties to the conflict may appeal to the charity of commanders of 
neutral merchant vessels, yachts or other craft to take on board and care for wounded, sick or shipwrecked 
persons, and to collect the dead. 

Vessels  of  any  kind  responding  to  this  appeal,  and  those  having  of  their  own  accord  collected 

wounded,  sick  or  shipwrecked  persons,  shall  enjoy  special  protection  and  facilities  to  carry  out             
such assistance. 

They  may,  in  no  case,  be  captured  on  account  of  any  such  transport;  but,  in  the  absence  of  any 

promise  to  the  contrary,  they  shall  remain  liable  to  capture  for  any  violations  of  neutrality  they  may                   
have committed. 

CHAPTER III 

HOSPITAL SHIPS 

Article 22 

Notification and protection of military hospital ships.—Military hospital ships, that is to say, ships 
built  or  equipped  by  the  Powers  specially  and  solely  with  a  view  to  assisting  the  wounded,  sick  and 
shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, 
but shall at all times be respected and protected, on condition that their names and descriptions have been 
notified to the Parties to the conflict ten days before those ships are employed. 

The characteristics which must appear in the notification shall include registered gross tonnage, the 

length from stem to stern and the number of masts and funnels. 

Protection  of medical establishments  ashore.—Establishments ashore entitled to the protection of 
the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces 
in the field of August 12, 1949, shall be protected from bombardment or attack from the sea. 

Article 23 

Article 24 

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

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

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

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

Article 25 

II Neutral countries.—Hospital ships utilized by National Red Cross Societies, officially recognized 
relief societies, or private persons of neutral countries shall have the same protection as military hospital 
ships and shall be exempt from capture, on condition that they have placed themselves under the control 
of  one  of  the  Parties  to  the  conflict,  with  the  previous  consent  of  their  own  governments  and  with  the 
authorisation of the Party to the conflict concerned, in so far as the provisions of  Article 22 concerning 
notification have been compiled with. 

28 

 
Article 26 

Tonnage.—The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any 
tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort 
and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and 
ship wrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross. 

Article 27 

Coastal rescue craft.—Under the same conditions as those provided for in Articles 22 and 24, small 
craft  employed  by  the  State  or  by  the  officially  recognised  lifeboat  institutions  for  coastal  rescue 
operations, shall also be respected and protected, so far as operational requirements permit. 

The same shall apply so far as possible to fixed coastal installations used exclusively by these crafts 

for their humanitarian missions. 

Article 28 

Protection of sick-bays.—Should fighting occur on board a warship, the sick-bays shall be respected 
and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of welfare, 
but  may  not  be  diverted  from  their  purpose  so  long  as  they  are  required  for  the  wounded  and  sick. 
Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of 
the  wounded  and  sick  who  are  accommodated  therein,  apply  them  to  other  purposes  in  case  of  urgent 
military necessity. 

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

enemy shall be authorised to leave the said port. 

Article 29 

Employment of Hospital ships and small craft.—The vessels described in Article 22, 24, 25 and 27 
shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality. 

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

Article 30 

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

During and after an engagement, they will act at their own risk. 

Article 31 

Right of control and search.—The Parties to the conflict shall have the right to control and search 
the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order 
them  off,  make  them  take  a  certain  course,  control  the  use  of  their  wireless  and  other  means  of 
communication,  and  even  detain  them  for  a  period  not  exceeding  seven  days  from  the  time  of 
interception, if the gravity of the circumstances so requires. 

They may put a commissioner temporarily on board whose sole task shall be to see that orders given 

in virtue of the provisions of the preceding paragraph are carried out. 

As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he 

can understand, the orders they have given to the captain of the vessel. 

Parties to  the  conflict  may,  either  unilaterally  or  by  particular  agreements,  put on  board their ships 

neutral  observers  who  shall  verify  the  strict  observation  of  the  provisions  contained  in  the                          
present Convention. 

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

as regards their stay in a neutral port. 

Article 32 

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

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

Article 33 

29 

 
Article 34 

Discontinuance  of  protection.—The  protection  to  which  hospital  ships  and  sick-bays  are  entitled 
shall  not  cease  unless  they  are  used  to  commit,  outside  their  humanitarian  duties,  acts  harmful  to  the 
enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate 
cease a reasonable time limit, and after such warning has remained unheeded. 

In  particular,  hospital  ships  may  not  possess  or  use  a  secret  code  for  their  wireless  or  other  means        

of communication. 

Article 35 

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

considered as depriving hospital ships or sick-bays of vessels of the protection due to them:— 

(1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their 

own defense or that of the sick and wounded. 

(2)  The  presence  on  board  of  apparatus  exclusively  intended  to  facilitate  navigation                           

or communication. 

(3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken 

from the wounded, sick and shipwrecked and not yet handed to the proper service. 

(4) The fact that the humanitarian  activities of hospital ships and sick-bays of vessels or of the 

crews extend to the care of wounded, sick or shipwrecked civilians. 

(5) The transport of equipment and of personnel intended exclusively for medical duties, over and 

above the normal requirements. 

CHAPTER IV 

PERSONNEL 

Article 36 

Protection  of  the  personnel  of  hospital  ships.—The  religious,  medical  and  hospital  personnel  or 
hospital ships and their crews shall be respected and protected; they may not be captured during the time 
they are in the service of the hospital ship, whether or not there are wounded and sick on board. 

Article 37 

Medical  and  religious  personnel  of  other  ships.—The  religious,  medical  and  hospital  personnel 
assigned to the medical or spiritual care of the persons designated in Article 12 and 13 shall, if they fall 
into the hands of the enemy, be respected and protected; they may continue to carry out their duties as 
long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon 
as the commander-in-Chief, under whose authority they are, considers it practicable. They may take with 
them, on leaving the ships, their personal property. 

If,  however,  it  prove  necessary  to  retain  some  of  this  personnel  owing  to  the  medical  or  spiritual 

needs of prisoners of war, every-thing possible shall be done for their earliest possible landing. 

Retained personnel shall be subject on landing, to the provisions of the Geneva Convention for the 

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

CHAPTER V 

MEDICAL TRANSPORTS 

Article 38 

Ships  used for  the  conveyance  of medical  equipment.—Ships chartered for that purpose shall be 
authorised to transport equipment exclusively intended for the treatment of wounded and sick members of 
armed forces or for the prevention of disease, provided that the particulars regarding their voyage have 
been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right 
to board the carrier ships, but not to capture them or seize the equipment carried. 

30 

 
By  agreement  amongst  the  Parties  to  the  conflict,  neutral  observers  may  be  placed  on  board  such 

ships to verify the equipment carried. For this purpose, free access to the equipment shall be given. 

Article 39 

Medical aircrafts.—Medical aircraft, that is to say, aircraft exclusively employed for the removal of 
wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be 
the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times 
and on routes specially agreed upon between the Parties to the conflict concerned. 

They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their 
national  colours,  on  their  lower,  upper  and  lateral  surfaces.  They  shall  be  provided  with  any  other 
markings or means of identification which may be agreed upon between the Parties to the conflict upon 
the outbreak or during the course of hostilities. 

Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. 

Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to 

alight, the aircraft with its occupants may continue its flight after examination, if any. 

In  the  event  of  alighting  involuntarily  on  land  or  water  in  enemy  or  enemy-occupied  territory,  the 
wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical 
personnel shall be treated according to Articles 36 and 37. 

Article 40 

Flight  over  neutral  countries.  Landing  of  wounded.—Subject  to  the  provisions  of  the  second 
paragraph,  medical air-craft  of  Parties to the  conflict may  fly  over  the territory of  neutral  Powers,  land 
thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their 
passage over the said territory, and obey every summons to alight, on land or water. They will be immune 
from  attack  only  when  flying  on  routes,  at  heights  and  at  times  specifically  agreed  upon  between  the 
Parties to the conflict and the neutral Power concerned. 

The  neutral  Powers  may,  however,  place  conditions  or  restrictions  on  the  passage  or  landing  of 
medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all 
Parties to the conflict. 

Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick 
or  shipwrecked  who  are  disembarked  with  the  consent  of  the  local  authorities  on  neutral  territory  by 
medical aircraft shall be detained by the neutral Power, where so required by international law, in such a 
manner  that  they  cannot  again  take  part  in  operations  of  war.  The  cost  of  their  accommodation  and 
interment shall be borne by the Power on which they depend. 

CHAPTER VI 

THE DISTINCTIVE EMBLEM 

Article 41 

Use of the emblem.—Under the direction of the competent military authority, the emblem of the red 
cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the 
Medical Service. 

Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red 
crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the 
present Convention. 

Article 42 

 Identification  of  medical  and 

religious  personnel.—The  personnel  designated 

in                            

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

31 

 
Such  personnel,  in addition  to  wearing  the  identity  disc  mentioned  in  Article  19,  shall  also  carry  a 
special identity card bearing the distinctive emblem.  This card shall be water-resistant and of such size 
that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the 
surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in 
what  capacity  he  is  entitled  to  the  protection  of  the  present  Convention.  The  card  shall  bear  the 
photograph  of the  owner  and  also  either his  signature  or  his finger-prints or  both.  It  shall  be  embossed 
with the stamp of the military authority. 

The  identity  card  shall  be  uniform  throughout  the  same  armed  forces  and,  as  far  as  possible,  of  a 
similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided 
by the model which is annexed, by way of example, to the present  Convention. They shall inform each 
other,  at  the  outbreak  of  hostilities,  of  the  model  they  are  using.  Identity  cards  should  be  made  out,  if 
possible, at least in duplicate, one copy being kept by the home country. 

In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the 
right to wear the armlet. In cases of loss they shall be entitled to receive duplicates of the cards and to 
have the insignia replaced. 

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

Article 43 

shall be distinctively marked as follows:— 

(a) All exterior surfaces shall be white. 

(b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side 
of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from 
the sea and from the air. 

All  hospital  ships  shall  make  themselves  known  by  hoisting  their  national  flag  and  further,  if  they 
belong to a neutral State, the flag of the Party to the conflict whose direction they have accepted. A white 
flag with a red cross shall be flown at the main mast as high as possible. 

Lifeboats of hospital ships, coastal lifeboats and all small crafts used by the Medical Service shall be 
painted  white  with  dark  red  crosses  prominently  displayed  and  shall,  in  general,  comply  with  the 
identification system prescribed above for hospital ships. 

The above-mentioned ships and crafts, which may wish to ensure by night and in times of reduced 
visibility the protection to which they are entitled, must subject to the assent of the Party to the conflict 
under whose power they are, take the necessary measures to render their painting and distinctive emblems 
sufficiently apparent. 

Hospital  ships  which, in accordance  with  Article  31 are  provisionally  detained by  the  enemy,  must 

haul  down  the  flag  of  the  Party  to  the  conflict  in  whose  service  they  are  or  whose  direction  they                      
have accepted. 

Coastal lifeboats, if they continue to operate with consent of the Occupying Power from a base which 
is occupied, may be allowed, when a away from their base, to continue to fly their own national colors 
along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to 
the conflict concerned. 

All  the  provisions  in this  Article relating  to  the  red cross  shall apply  equally  to  the  other  emblems 

mentioned in Article 41. 

Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the 

most modern methods available to facilitate the identification of hospital ships. 

Article 44 

Limitation in the use of markings.—The distinguishing signs referred to in Article 43 can only be 
used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as 
may  be  provided  in  any  other  International  Convention  or  by  agreement  between  all  the  Parties  to  the 
conflict concerned. 

32 

 
Prevention  of  misuse.—The  High  Contracting  Parties  shall,  if  their  legislation  is  not  already 
adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the 
distinctive signs provided for under Article 43. 

Article 45 

CHAPTER VII 

EXECUTION OF THE CONVENTION 

Article 46 

Detailed  execution.  Unforeseen  cases.—Each  Party 

to 

the  conflict,  acting 

through 

its           

Commanders-in-Chief  shall  ensure  the  detailed  execution  of  the  preceding  Articles  and  provide  for 
unforeseen cases, in conformity with the general principles of the present Convention. 

Article 47 

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

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

Article 48 

Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in 
time  of  war,  to  disseminate  the text  of the  present  Convention  as  widely  as  possible  in  their respective 
countries, and, in particular, to include the study thereof in their programmes of military and, if possible, 
civil instruction, so that the principles thereof may become known to the entire population, in particular to 
the armed fighting forces, the medical personnel and the chaplains. 

Article 49 

Translations.  Rules  of  application.—The  High  Contracting  Parties  shall  communicate  to  one 
another  through  the  Swiss  Federal  Council  and,  during  hostilities,  through  the  Protecting  Powers,  the 
official translations of the present Convention, as well as the laws and regulations which they may adopt 
to ensure the application thereof. 

CHAPTER VIII 

REPRESSION OF ABUSES AND INFRACTIONS 

Article 50 

Penal  sanctions.  I.  General  observations.—The  High  Contracting  Parties  undertake  to  enact  any 
legislation  necessary  to  provide  effective  penal  sanctions  for  persons  committing,  or  ordering  to  be 
committed, any of the grave breaches of the present Convention defined in the following Article. 

Each  High  Contracting  Party  shall  be  under  the  obligation  to  search  for  persons  alleged  to  have 
committed,  or  to  have  ordered  to  be  committed,  such  grave  breaches,  and  shall  bring  such  persons, 
regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the 
provisions  of  its  own  legislation,  hand  such  persons  over  for  trial  to  another  High  Contracting  Party 
concerned, provided such High Contracting Party has made out a prima facie case. 

Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to 

the provisions of the present Convention other than the grave breaches defined in the following Article. 

In  all  circumstances,  the  accused  persons  shall  benefit  by  safeguards  of  proper  trial  and  defence, 
which shall not be less favorable than those provided by Article 105 and those following of the Geneva 
Convention relative to the Treatment of Prisoners of War of August 12, 1949. 

Article 51 

II. Gravebreaches.—Grave breaches to which the preceding Article relates shall be those involving 
any of the following acts, if committed against persons or property protected by the Convention; wilful 
killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or 
serious injury to body or health, and extensive destruction and appropriation of property, not justified by 
military necessity and carried out unlawfully and wantonly. 

33 

 
III.  Responsibilities  of  the  Contracting  Parties.—No  High  Contracting  Party  shall be  allowed to 
absolve itself or any other High Contracting Party of any liability incurred by itself or by another High 
Contracting Party in respect of breaches referred to in the preceding Article. 

Article 52 

Article 53 

Enquiry  procedure.—At  the  request  of  a  Party  to  the  conflict,  an  enquiry  shall  be  instituted,  in  a 
manner to be decided between the interested Parties, concerning any alleged violation of the Convention. 

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree 

on the choice of an umpire, who will decide upon the procedure to be followed. 

Once  the  violation  has  been  established,  the  Parties  to  the  conflict  shall  put  an  end  to  it  and  shall 

repress it with the least possible delay. 

FINAL PROVISIONS 

Article 54 

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

authentic. 

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

Russian and Spanish languages. 

Article 55 

Signature.—The  present  Convention,  which  bears  the  date  of  this  day,  is  open  to  signature  until 
February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 
April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the  
Xth Hague Convention of October 18, 1907, for the adaptation to Maritime warfare of the principles of 
the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the 
Wounded and Sick in Armies in the Field. 

Article 56 

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

be deposited at Berne. 

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

Article 57 

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

two instruments of ratification have been deposited. 

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

instruments of ratification. 

Article 58 

Relation to the 1907 Convention.—The present Convention replaces the Xth Hague Convention of 
October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva convention of 
1906, in relations between the High Contracting Parties. 

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

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

Article 59 

Article 60 

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

and shall take effect six months after the date on which they are received. 

34 

 
 
The  Swiss  Federal  Council  shall  communicate  the  accessions  to  all  the  Powers  in  whose  name  the 

Convention has been signed, or whose accession has been notified. 

Article 61 

Immediate  effect.—The  situations  provided  for  in  Article  2  and  3  shall  give  immediate  effect  to 
ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning 
of  hostilities  or  occupation.  The  Swiss  Federal  Council shall communicate  by  the  quickest  method any 
ratifications or accessions received from Parties to the conflict. 

Article 62 

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

present Convention. 

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

the Governments of all the High Contracting Parties. 

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

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

Article 63 

Registration  with  the  United  Nations.—The  Swiss  Federal  Council  shall  register  the  present 
Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the 
Secretariat  of  the  United  Nations  of  all  ratifications,  accessions  and  denunciations  received  by  it  with 
respect to the present convention. 

In  witness  whereof  the  undersigned,  having  deposited  their  respective  full  powers,  have  signed  the 

present Convention. 

Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original 
shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit 
certified copies thereof to each of the signatory and acceding States. 

35 

 
 
 
THE THIRD SCHEDULE 

(See section 2) 

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

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held 
at  Geneva  from  April  21  to  August  12,  1949,  for  the  purpose  of  revising  the  Convention  concluded  at 
Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows:— 

PART I 

GENERAL PROVISIONS 

Article 1 

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

respect for the present Convention in all circumstances. 

Article 2 

Application of the Convention.—In addition to the provisions which shall be implemented in peace 
time, the present Convention shall apply to all cases of declared war or of any other armed conflict which 
may arise between two or more of the High Contracting Parties, even if the state of war is not recognised 
by one of them. 

In addition to the provisions which shall be implemented in peace time, the present convention shall 
apply to all cases of declared war or of any other armed conflict which may arise between two or more of 
the High contracting Parties, even if the state of war is not recognized by one of them. 

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

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

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who 
are Parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by 
the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 

Article 3 

Conflicts not of an international character.—In the case of armed conflict not of an international 
character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall 
be bound to apply, as a minimum, the following provisions:— 

(1) Persons taking no active part in the hostilities, including members of armed forces who have 
down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, 
shall  in  all  circumstances  be  treated  humanely,  without  any  adverse  distinction  founded  on  race, 
colour, religion or faith, sex, birth or wealth, or any other similar criteria. 

To  this  end,  the  following  acts  are  and  shall  remain  prohibited  at  any  time  and  in  any  place 

whatsoever with respect to the above-mentioned persons:— 

(a)  Violence  to  life  and  person,  in  particular  murder  of  all  kinds,  mutilation,  cruel  treatment        

and torture; 

(b) taking of hostages; 

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment; 

(d)  the  passing  of  sentences  and  the  carrying  out  of  executions  without  previous  judgment 
pronounced by a regularly constituted court affording all the judicial guarantees which are recognised 
as indispensable by civilized peoples. 

(2) The wounded and sick shall be collected and cared for. 

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its 

services to the Parties to the conflict. 

36 

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

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

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

the conflict. 

Article 4 

Prisoners  of  war.—A.  Prisoners  of  war,  in  the  sense  of  the  present  Convention,  are  persons 

belonging to one of the following categories, who have fallen into the power of the enemy:— 

(1)  Members  of  the armed  forces  of  a  Party  to  the  conflict  as  well  as  members  of  militaries  or 

volunteer corps forming part of such armed forces. 

(2) Members of other militias and members of other volunteer corps, including those of organized 
resistance  movements,  belonging  to  a  party  to  the  conflict  and  operating  in  or  outside  their  own 
territory, even if this territory is occupied, provided that such militias or volunteer corps, including 
such organised resistance movements, fulfil the following conditions:— 

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

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

(c) that of carrying arms openly; 

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

(3) Members of regular armed forces who profess allegiance to a government or an authority not 

recognized by the Detaining Power. 

(4)  Persons  who  accompany  the  armed  forces  without  actually  being  members  thereof,  such  as 

civilian  members  of  military  aircraft  crews,  war  correspondents,  supply  contractors,  members  of                
labour  units  or  of  services responsible  for  the  welfare  of  the  armed  forces,  provided that they  have 
received authorisation from the armed forces which they accompany, who shall provide them for that 
purpose with an identity card similar to the annexed model. 

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the 
crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment 
under any other provisions of international law. 

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take 
up arms to resist the invading forces, without having had time to form themselves into regular armed 
units, provided they carry arms openly and respect the laws and customs of war. 

B. The following shall likewise be treated as prisoners of war under the present Convention:— 

(1)  Persons  belonging,  or  having  belonged,  to  the  armed  forces  of  the  occupied  country,  if  the 
occupying Power considers it necessary by reason of such allegiance to intern them, even though it 
has  originally  liberated  them  while  hostilities  were  going  on  outside  the  territory  it  occupies,  in 
particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which 
they belong and which are engaged in combat, or where they fail to comply with a summons made to 
them with a view to internment. 

(2) The persons belonging to one of the categories enumerated in the present  Article, who have 
been  received  by  neutral  or  non-belligerent  Powers  on  their  territory  and  whom  these  Powers  are 
required to intern under international law, without prejudice to any more favorable treatment which 
these  Powers  may  choose  to  give  and  with  the  exception of  Articles  8,  10,  15, 30,  fifth  paragraph,               
58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral 
or  non-belligerent  Power  concerned,  those  Articles  concerning  the  Protecting  Power.  Where  such 
diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to 
perform  towards  them  the  functions  of  Protecting  Power  as  provided  in  the  present  Convention, 
without  prejudice  to  the  functions  which  these  Parties  normally  exercise  in  conformity  with 
diplomatic and consular usage and treaties. 

37 

 
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in 

Article 33 of the present Convention. 

Article 5 

Beginning and end of application.—The present Convention shall apply to the persons referred to in 
Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. 

Should any doubt arise as to whether persons, having committed a belligerent act and having fallen 
into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall 
enjoy the protection of the present  Convention until such time as their status has been determined by a 
competent tribunal. 

Article 6 

Special 

agreements.—In 

the 
Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting 
Parties may conclude other special agreements for all matters concerning which they may deem it suitable 
to make separate provision. No special agreement shall adversely affect the situation of prisoners of war 
as defined by the present Convention. nor restrict the rights which it confers upon them. 

agreements 

expressly 

provided 

addition 

for 

to 

in                                 

Prisoners of war shall continue to have the benefit of such agreements as long as the convention is 
applicable to them, except where express provisions to the contrary are contained in the aforesaid or in 
subsequent agreements, or where more favorable measures have been taken with regard to them by one or 
other of the Parties to the conflict. 

Non-renunciation  rights.—Prisoners  of  war  may  in  no  circumstances  renounce  in  part  or  of  in 
entirely the rights secured to them by the present Convention, and by the special agreements referred to in 
the foregoing Article, if such there be. 

Article 7 

Article 8 

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

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

or delegates of the Protecting Powers. 

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission 
under  the  present  Convention.  They  shall,  in  particular,  take  account  of  the  imperative  necessities  of 
security of the State wherein they carry out their duties. 

Article 9 

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

Article 10 

Substitutes for Protecting Powers.—The High Contracting Parties may at the time agree to entrust 
to  an  organization  which  offers  all  guarantees  of  impartiality  and  efficacy  the  duties  incumbent  on  the 
Protecting Powers by virtue of the present Convention. 

When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities 
of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power 
shall  request  a  neutral  State,  or  such  an  organisation,  to  undertake  the  functions  performed  under  the 
present Convention by a Protecting Power designated by the Parties to a conflict. 

38 

 
If  protection  cannot  be  arranged  accordingly,  the  Detaining  Power  shall  request  or  shall  accept, 
subject to  provisions  of this  Article,  the  offer  of  the services  of  humanitarian organization,  such  as the 
International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting 
Powers under the present convention. 

Any  neutral  power  or  any  organization  invited  by  the  Power  concerned  or  offering  itself  for  these 
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which 
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances 
that it is in a position to undertake the appropriate functions and to discharge them impartially. 

No derogation from the preceding provisions  shall be made by special agreements between powers 
one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies 
by reason of military events, more particularly where the whole, or a substantial part, of the territory of 
the said Power is occupied. 

Whenever in the present Convention mention is made of a Protecting Power, such mention applies to 

substitute organizations in the sense of the present Article. 

Article 11 

Conciliation procedure.—In cases where they deem it advisable in the interest of protected persons, 
particularly  in  cases  of  disagreement  between  the  Parties  to  the  conflict  as  to  the  application  or 
interpretation  of  the  provisions  of  the  present  Convention,  the  Protecting  Powers  shall  lend  their  good 
officers with a view to settling the disagreement. 

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own 
initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the 
authorities responsible for prisoners of war, possibly on neutral territory suitable chosen. The Parties to 
the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting 
Powers  may,  if  necessary,  propose  for  approval  by  the  Parties  to  the  conflict  a  person  belonging  to  a 
neutral Power, or delegate by the International Committee of the Red Cross, who shall be invited to take 
part in such a meeting. 

PART II 

GENERAL PROTECTION OF PRISONERS OF WAR 

Article 12 

Responsibility  for  the  treatment  of  prisoners.—Prisoners  of  war  are  in  the  hands  of  the  enemy 
Power, but not of the individuals or military units who have captured them. Irrespective of the individual 
responsibilities that may exist, the Detaining Power is responsible for the treatment given them. 

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the 
Convention  and  after  the  Detaining  Power  has  satisfied  itself  of  the  willingness  and  ability  of  such 
transferee  Power  to  apply  the  Convention.  When  prisoners  of  war  are  transferred  under  such 
circumstances,  responsibility  for  the  application  of  the  Convention  rests  on  the  Power  accepting  them 
while they are in its custody. 

Nevertheless,  if  that  Power  fails  to  carry  out  the  provisions  of  the  Convention  in  any  important 
respect,  the  Power  by  whom  the  prisoners  of  war  were  transferred  shall,  upon  being  notified  by  the 
Protecting  Power,  take  effective  measures  to  correct  the  situation  or  shall  request  the  return  of  the 
prisoners of war. Such requests must be complied with. 

Article 13 

Humane  treatment  of  prisoners.—Prisoners  of  war  must  at  all  times  be  humanely  treated.  Any 
unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a 
prisoner  of  war  in  its  custody  is  prohibited  and  will  be  regarded  as  a  serious  breach  of  the  present 
Convention.  In  particular,  no  prisoner  of  war  may  be  subjected  to  physical  mutilation  or  to  medical  or 
scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of 
the prisoner concerned and carried out in his interest. 

39 

 
Likewise,  prisoners  of  war  must  at  all  times  be  protected,  particularly  against  acts  of  violence  or 

intimidation and against insults and public curiosity. 

Measures of reprisal against prisoners of war are prohibited. 

Article 14 

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

for their persons and their honour. 

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

as favorable as that granted to men. 

Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The 
Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such 
capacity confers except in so far as the captivity requires. 

Article 15 

Maintenance of prisoners.—The Power detaining prisoners of war shall be bound to provide free of 

charge for their maintenance and for the medical attention required by their state of health. 

Article 16 

Taking  into  consideration  the  provisions  of  the  present  Convention  relating  to  rank  and  sex,  and 
subject to any privileged treatment which may be accorded to them by reason of their state of health, age 
or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without 
any  adverse  distinction  based  on  race,  nationality,  religious  belief  or  political  opinions,  or  any  other 
distinction founded on similar criteria. 

PART III 

CAPTIVITY 

SECTION I 

BEGINNING OF CAPTIVITY 

Article 17 

Questioning of prisoners.—Every prisoner of war, when questioned on the subject, is bound to give 
only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or 
failing this, equivalent information. 

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

to his rank or status. 

Each Party to conflict is required to furnish the persons under its jurisdiction who are liable to become 
prisoners of war, with an identity card showing the owner‟s surname, first names, rank, army, regimental, 
personal  or  serial  number  or  equivalent  information,  and  date  of  birth.  The  identity  card  may, 
furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other 
information the Party to the conflict may wish to add concerning persons belonging to its armed forces. 
As far as possible the card shall measure 6.5x10 cm. and shall be issued in duplicate. The identity card 
shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. 

No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to 
secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be 
threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. 

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

The questioning of prisoners of war shall be carried out in a language which they understand. 

40 

 
Article 18 

Property  of  prisoners.—All  effects  and  Articles  of  personal  use,  except  arms,  horses,  military 
equipment  and  military  documents,  shall  remain  in  the  possession  of  prisoners  of  war,  likewise  their 
metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for 
their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong 
to their regulation military equipment. 

At no time should prisoners of war be without identity documents. The Detaining Power shall supply 

such documents to prisoners of war who possess none. 

Badges  of  rank  and  nationality,  decorations and  articles  having  above  all  a  personal  or  sentimental 

value may not be taken from prisoners of war. 

Sums of money carried by prisoners of war may not be taken away from them except by order of an 
officer, and after the amount and particulars of the owner have been recorded in a special register and an 
itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the 
said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the 
prisoner‟s request, shall be placed to the credit of the prisoner‟s account as provided in Article 64. 

The  Detaining  Power  may  withdraw  articles  of  value  from  prisoners  of  war  only  for  reasons  of 

security;  when  such  articles  are  withdrawn,  the  procedure  laid  down  for  sums  of  money  impounded               
shall apply. 

Such objects, likewise the sums taken away in any currency other than that of the Detaining Power, 
and  the  conversion of  which  has  not  been  asked  for by  the  owners,  shall  be  kept  in the custody  of  the 
Detaining  Power  and  shall  be  returned  in  their  initial  shape  to  prisoners  of  war  at  the  end  of  their 
captivity. 

Article 19 

Evacuation  of  prisoners.—Prisoners  of  war  shall  be  evacuated  as  soon  as  possible  after  their 

capture, to camps situated in an area far enough from the combat zone for them to be out of danger. 

Only  those  prisoners  of  war  who,  owing  to  wounds  or  sickness,  would  run  greater  risks  by  being 

evacuated than by remaining where they are, may be temporarily kept back in a danger zone. 

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

fighting zone. 

Article 20 

Conditions  of  evacuation.—The evacuation of prisoners of war shall always be effected humanely 

and in conditions similar to those for the forces of the Detaining Power in their changes of station. 

The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and 
potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all 
suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list 
of the prisoners of war who are evacuated. 

If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall 

be as brief as possible. 

SECTION II 
INTERNMENT OF PRISONERS OF WAR 
CHAPTER I 
GENERAL OBSERVATIONS 
Article 21 

Restriction  of  liberty  of  movement.—The  Detaining  Power  may  subject  prisoners  of  war  to 
internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where 
they  are  interned,  or  if  the  said  camp  is  fenced  in,  of  not  going  outside  its  perimeter.  Subject  to  the 
provisions of  the  present Convention  relative to penal and disciplinary  sanctions,  prisoners of  war  may 
not be held in close confinement except where necessary to safeguard their health and then only during 
the continuation of the circumstances which make such confinement necessary. 

41 

 
 
Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by 
the laws of the Power on which they depend. Such measures shall be taken particularly in cases where 
this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to 
accept liberty on parole or promise. 

Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws 
and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners 
of war who are paroled or who have given their promise in conformity with the laws and regulations so 
notified, are bound on their personal honor scrupulously to fulfill, both towards the Power on which they 
depend and towards the Power which has captured them, the engagements of their paroles or promises. In 
such  cases,  the  Power  on  which  they  depend  is  bound  neither  to  require  nor  to  accept  from  them  any 
service incompatible with the parole or promise given. 

Article 22 

Places  and  conditions  of internment.—Prisoners of war may be interned only in premises located 
on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are 
justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries. 

Prisoners  of  war  interned  in  unhealthy  areas,  or  where  the  climate  is  injurious  for  them,  shall  be 

removed as soon as possible to a more favourable climate. 

The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their 
nationality, language and customs, provided that such prisoners shall not be separated from prisoners of 
war belonging to the armed forces with which they were serving at the time of their capture, except with 
their consent. 

Article 23 

Security of prisoners.—No prisoner of war may at any time be sent to, or detained in areas where he 
may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or 
areas immune from military operations. 

Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same 
extent  as  the  local  civilian  population.  With  the  exception  of  those  engaged  in  the  protection  of  their 
quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of 
the alarm. Any other protective measure taken in favor of the population shall also apply to them. 

Detaining  Powers  shall  give  the  Powers  concerned,  through  the  intermediary  of  the  Protecting 

Powers, all useful information regarding the geographical location of prisoner of war camps. 

Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by 
the letters PW or PG, placed so as to be clearly from the air. The Powers concerned may, however, agree 
upon any other system of marking. Only prisoner of war camps shall be marked as such. 

Permanent transit camps.—Transit or screening camps of a permanent kind shall be fitted out under 
conditions similar to those described in the present Section, and the prisoners therein shall have the same 
treatment as in other camps. 

Article 24 

CHAPTER II 

QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR 

Article 25 

Quarters.—Prisoners of war shall be quartered under conditions as favorable as those for the forces 
of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for 
the habits and customs of the prisoners and shall in no case be prejudicial to their health. 

The  foregoing  provisions  shall  apply  in  particular to the  dormitories  of  prisoners  of  war as regards 

both total surface and minimum cubic space, and the general installations, bedding and blankets. 

42 

 
The premises provided for the use of prisoners of war individually or collectively, shall be entirely 
protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All 
precautions must be taken against the danger of fire. 

In  any  camps  in  which  women  prisoners  of  war,  as  well  as  men,  are  accommodated,  separate 

dormitories shall be provided for them. 

Article 26 

Food.—The  basic  daily  food  rations  shall  be  sufficient  in  quantity,  quality  and  variety  to  keep 
prisoners  of  war  in  good  health  and  to  prevent  loss  of  weight  or  the  development  of  nutritional 
deficiencies. Account shall also be taken of the habitual diet of the prisoners. 

The  Detaining  Power  shall  supply  prisoners  of  war  who  work  with  such  additional  rations  as  are 

necessary for the labour on which they are employed. 

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

Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may 
be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, 
themselves, the additional food in their possession. 

Adequate premises shall be provided for messing. 

Collective disciplinary measures affecting food are prohibited. 

Article 27 

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

The regular replacement and repair of the above articles shall be assured by the Detaining Power. In 
addition,  prisoners  of  war  who  work  shall  receive  appropriate  clothing,  wherever  the  nature  of  the          
work demands. 

Article 28 

Canteens.—Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, 

soap  and  tobacco  and  ordinary  articles  in  daily  use.  The  tariff  shall  never  be  in  excess  of  local            
market prices. 

The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall 
be  created  for  this  purpose.  The  prisoner‟s  representative  shall  have  the  right  to  collaborate  in  the 
management of the canteen and of this fund. 

When a camp is closed down, the credit balance of the special fund shall be handed to an international 
welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those 
who  have  attributed  to  the  fund.  In  case  of  a  general  repatriation,  such  profits  shall  be  kept  by  the 
Detaining Power, subject to any agreement to the contrary between the Powers concerned. 

CHAPTER III 

HYGIENE AND MEDICAL ATTENTION 

Article 29 

Hygiene.—The Detaining Power shall be bound to take all sanitary measures necessary to ensure the 

cleanliness and healthfulness of camps, and to prevent epidemics. 

Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of 
hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of 
war are accommodated, separate conveniences shall be provided for them. 

43 

 
Also,  apart  from  the  baths  and  showers  with  which  the  camps  shall  be  furnished,  prisoners  of  war 
shall be provided with sufficient water and soap for their personal toilet and for washing their personal 
laundry; the necessary installations, facilities and time shall be granted them for that purpose. 

Article 30 

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

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

Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they 

depend and, if possible, of their nationality. 

Prisoners  of  war  may  not  be  prevented  from  presenting  themselves  to  the  medical  authorities  for 
examination.  The  detaining  authorities  shall,  upon  request,  issue  to  every  prisoner  who  has  undergone 
treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of 
treatment  received.  A  duplicate  of  this  certificate  shall  be  forwarded  to  the  Central  Prisoners  of  War 
Agency. 

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

Article 31 

Medical inspections.—Medical inspections of prisoners of war shall be made at least once a month. 
They shall include the checking and the recording of the weight of each prisoner of war. Their purpose 
shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to 
detect  contagious  diseases,  especially  tuberculosis,  malaria  and  venereal  disease.  For  this  purpose,  the 
most  efficient  methods  available  shall  be  employed,  e.g.,  periodic  mass  miniature  radiography  for  the 
early detection of tuberculosis. 

Article 32 

Prisoners  engaged  on  medical  duties.—Prisoners of war who, though not attached to the medical 
service  of  their  armed  forces,  are  physicians,  surgeons,  dentists,  nurses  or  medical  orderlies,  may  be 
required by the Detaining Power to exercise their medical functions in the interests of prisoners of war 
dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the 
same  treatment  as  corresponding  medical  personnel  retained  by  the  Detaining  Power.  They  shall  be 
exempted from any other work under Article 49. 

MEDICAL PERSONNEL AND CHAPLAINS RETAINED TO ASSIST PRISONERS OF WAR 

CHAPTER IV 

Article 33 

Rights  and  privileges  of  retained  personnel.—Members  of  the  medical  personnel  and  chaplains 
while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered 
as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present 
Convention,  and  shall  also  be  granted  all  facilities  necessary  to  provide  for  the  medical  care  of,  and 
religious ministration to prisoners of war. 

They  shall  continue  to  exercise  their  medical  and  spiritual  functions  for  the  benefit  of  prisoners  of 
war,  preferably  those  belonging  to  the  armed  forces  upon  which  they  depend,  within  the  scope  of  the 
military laws and regulations of the Detaining Power and under the control of its competent services, in 

44 

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

(a) They shall be authorised to visit periodically prisoners of war situated in working detachments 
or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal 
the necessary means of transport. 

(b) The senior medical officer in each camp shall be responsible to the camp military authorities 
for everything connected with the activities of retained medical personnel. For this purpose, Parties to 
the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the 
medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for 
the  Amelioration  of  the  Condition  of  the  Wounded  and  Sick  in  Armed  Forces  in  the  Field  of            
August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with 
the competent authorities of the camp on all questions relating to their duties. Such authorities shall 
afford them all necessary facilities for correspondence relating to these questions. 

(c)  Although  they  shall  be  subject  to  the  internal  discipline  of  the  camp  in  which  they  are 
retained, such personnel may not be compelled to carry out any work other than that concerned with 
their medical or religious duties. 

During  hostilities,  the  Parties  to  the  conflict  shall  agree  concerning  the  possible  relief  of  retained 

personnel and shall settle the procedure to be followed. 

None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to 

prisoners of war from the medical or spiritual point of view. 

CHAPTER V 

RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 

Article 34 

Religious  duties.—Prisoners  of  war  shall  enjoy  complete  latitude  in  the  exercise  of  their  religious 
duties,  including  attendance  at  the  service  of  their  faith,  on  condition  that  they  comply  with  the 
disciplinary routine prescribe by the military authorities. 

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

Article 35 

Retained chaplains.—Chaplains who fall into the hands of the enemy Power and who remain or are 
retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise 
freely  their  ministry  amongst  prisoners  of  war  of  the  same  religion,  in  accordance  with  their  religious 
conscience.  They  shall  be  allocated  among  the  various  camps  and  labour  detachments  containing 
prisoners  of  war  belonging  to  the  same  forces,  speaking  the  same  language  or  practicing  the  same 
religion.  They  shall  enjoy  the  necessary  facilities,  including  the  means  of  transport  provided  for  in            
Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject 
to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country 
of detention and with the international religious organizations. Letters and cards which they may send for 
this purpose shall be in addition to the quota provided for in Article 71. 

Article 36 

Prisoners who  are ministers  of  religion.—Prisoners of war who are ministers of religion, without 
having  officiated  as  chaplains  to  their  own  forces,  shall  be  at  liberty,  whatever  their  denomination,  to 
minister freely to the members of their community. For this purpose, they shall receive the same treatment 
as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. 

Prisoners without a minister of their religion.—When prisoners of war have not the assistance of a 
retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners‟ or a 
similar  denomination,  or  in  his  absence  a  qualified  layman,  if  such  a  course  is  feasible  from  a 

Article 37 

45 

 
confessional point of view, shall be appointed at the request of the prisoners concerned to fill this office. 
This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of 
the community of prisoners concerned and, wherever necessary, with the approval of the local religious 
authorities of the same faith. The person thus appointed shall comply with all regulations established by 
the Detaining Power in the interests of discipline and military security. 

Article 38 

Recreation  study,  sports  and  games.—While  respecting  the  individual  preferences  of  every 
prisoner,  the  Detaining  Power  shall  encourage  the  practice  of  intellectual,  educational,  and  recreational 
pursuits,  sports  and  games  amongst  prisoners,  and  shall  take  the  measures  necessary  to  ensure  the 
exercise thereof by providing them with adequate premises and necessary equipment. 

Prisoners  shall  have  opportunities  for  taking  physical  exercise  including  sports  and  games  and  for 

being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. 

CHAPTER VI 

DISCIPLINE 

Article 39 

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

Saluting.—Prisoners of war, with the exception of officers, must salute and show to all officers of the 
Detaining  Power  the  external  marks  of  respect  provided  for  by  the  regulations  applying  in  their  own 
forces. 

Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; 

they must, however, salute the camp commander regardless of his rank. 

Article 40 

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

shall be permitted. 

Article 41 

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

Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war 
shall be issued to them in a language which they understand. Such regulations, orders and publications 
shall be posted in the manner described above and copies shall be handed to the prisoners‟ representative. 
Every  order  and  command  addressed  to  prisoners  of  war  individually  must  likewise  be  given  in  a 
language which they understand. 

Use  of  weapons.—The  use  of  weapons  against  prisoners  of  war,  especially  against  those  who  are 
escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by 
warnings appropriate to the circumstances. 

Article 42 

46 

 
 
 
CHAPTER VII 

RANK OF PRISONERS OF WAR 

Article 43 

Notification  of  ranks.—Upon  the  outbreak  of  hostilities,  the  Parties  to  the  conflict  shall 
communicate to one another the titles and ranks of all the persons mentioned in  Article 4 of the present 
Convention,  in  order  to  ensure  equality  of  treatment  between  prisoners  of  equivalent  rank.  Titles  and 
ranks which are subsequently created shall from the subject of similar communications. 

The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of 

war and which have been duly notified by the Power on which these prisoners depend. 

Article 44 

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

due to their rank and age. 

In  order  to  ensure  service  in  officers‟  camps,  other  ranks  of  the  same  armed  forces  who,  as  far  as 
possible,  speak  the  same  language,  shall  be  assigned  in  sufficient  numbers,  account  being  taken  of  the 
rank  of  officers  and  prisoners  of  equivalent  status.  Such  orderlies  shall  not  be  required  to  perform  any 
other work. 

Supervision of the mess by the officers themselves shall be facilitated in every way. 

Article 45 

Treatment  of  other  prisoners.—Prisoners  of  war  other  than  officers  and  prisoners  of  equivalent 

status shall be treated with the regard due to their rank and age. 

Supervision of the mess by the prisoners themselves shall be facilitated in every way. 

CHAPTER VIII 

TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP 

Article 46 

Conditions.—The Detaining Power, when deciding upon the transfer of prisoners of war, shall take 
into account the interests of the prisoners themselves, more especially so as not to increase the difficulty 
of their repatriation. 

The  transfer  of  prisoners  of  war  shall  always  be  effected  humanely  and  in  conditions  not  less 
favorable than those under which the forces of the detaining Power are transferred. Account shall always 
be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of 
transfer shall in no case be prejudicial to their health. 

The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking 
water to  keep  them  in  good  health, likewise  with the  necessary  clothing,  shelter  and  medical  attention. 
The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to 
ensure  their  safety  during  transfer,  and shall  draw  up a  complete list  of  all transferred  prisoners  before 
their departure. 

Article 47 

Circumstances precluding transfer.—Sick or wounded prisoners of war shall not be transferred as 

long as their recovery may be endangered by the journey, unless their safety imperatively demands it. 

If  the  combat  zone  draws  closer  to  a  camp,  the  prisoners  of  war  in  the  said  camp  shall  not  be 
transferred  unless  their  transfer  can  be  carried  out  in  adequate  conditions  of  safety,  or  unless  they  are 
exposed to greater risks by remaining on the spot than by being transferred. 

47 

 
Article 48 

Procedure for transfer.—In the event of transfer, prisoners of war shall be officially advised of their 
departure and of their new postal address. Such notifications shall be given in time for them to pack their 
luggage and inform their next of kin. 

They shall be allowed to take with them their personal effects, and the correspondence and parcels 
which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so 
require,  to  what  each  prisoner  can  reasonably  carry,  which  shall  in  no  case  be  more  then  twenty-five 
kilograms per head. 

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

The costs of transfers shall be borne by the Detaining Power. 

SECTION III 

LABOUR OF PRISONERS OF WAR 

Article 49 

General  observations.—The  Detaining  Power  may  utilize the  lab  our  of  prisoners  of  war  who  are 
physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly 
to maintaining them in a good state of physical and mental health. 

Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. 

Those not so required may ask for other suitable work which shall, so far as possible, be found for them. 

If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as 

possible, but they may in no circumstances be compelled to work. 

Article 50 

Authorized work.—Besides work connected with camp administration, installation or maintenance, 

prisoners of war may be compelled to do only such work as is included in the following classes:— 

(a) agriculture; 

(b) industries connected with the production or the extraction of raw materials, and manufacturing 
industries, with the exception of metallurgical, machinery and chemical industries; public works and 
building operations which have no military character or purpose; 

(c) transport and handling of stores which are not military in character or purpose; 

(d) commercial business, and arts and crafts; 

(e) domestic service; 

(f) public utility services having no military character or purpose. 

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of 

complaint, in conformity with Article 78. 

Article 51 

Working  conditions.—Prisoners of war must be granted suitable working conditions, especially as 
regards  accommodation,  food,  clothing  and  equipment;  such  conditions  shall  not  be  inferior  to  those 
enjoyed  by  nationals  of  the  Detaining  Power  employed  in  similar  work;  account  shall  also  be  taken  of 
climatic conditions. 

The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which 
prisoners  are  employed,  the  national  legislation  concerning  the  protection  of  lab  our,  and,  more 
particularly, the regulations for the safety of workers, are duly applied. 

48 

 
Prisoners of war shall receive training and be provided with the means of protection suitable to the 
work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject 
to  the  provisions  of  Article  52,  prisoners  may  be  submitted  to  the  normal  risks  run  by  these  civilian 
workers. 

Conditions of labour shall in no case be rendered more arduous by disciplinary measures. 

Article 52 

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

on lab our which is of an unhealthy or dangerous nature. 

No  prisoner  of  war  shall  be  assigned  to  labour  which  would  be  looked  upon  as  humiliating  for  a 

member of the Detaining Power‟s own forces. 

The removal of mines or similar devices shall be considered as dangerous labour. 

Article 53 

Duration of lab our.—The duration of the daily lab our of prisoners of war, including the time of the 
journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers 
in the district, who are nationals of the Detaining Power and employed on the same work. 

Prisoners of war must be allowed, in the middle of the day‟s work, a rest of not less than one hour. 
This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of 
longer  duration. They  shall  be allowed in  addition a rest  of  twenty-four  consecutive  hours  every  week, 
preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has 
worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall 
be paid to him. 

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

rendered excessive thereby. 

Article 54 

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

shall be fixed in accordance with the provisions of Article 62 of the present Convention. 

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

Article 55 

Medical  supervision.—The  fitness  of  prisoners  of  war  for  work  shall  be  periodically  verified  by 
medical examinations, at least once a month. The examinations shall have particular regard to the nature 
of the work which prisoners of war are required to do. 

If any prisoner of war considers himself incapable of working he shall be permitted to appear before 
the medical authorities of his camp; Physicians or surgeons may recommend that the prisoners who are, in 
their opinion, unfit for work, be exempted therefrom. 

Article 56 

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

to those of prisoner of war camps. 

Every labour detachment shall remain under the control of and administratively part of a prisoner of 
war camp. The military authorities and the commander of the said camp shall be responsible, under the 
direction of their government, for the observance of the provisions of the present Convention in labour 
detachments. 

49 

 
The  camp  commander  shall  keep  an  up-to-date  record  of  the  labour  detachments  dependent  on  his 
camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee 
of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. 

Article 57 

Prisoners working for private employers.—The treatment of prisoners of war who work for private 
persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that 
which is provided for by the present Convention. The Detaining Power, the military authorities and the 
commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, 
care, treatment, and payment of the working pay of such prisoners of war. 

Such  prisoners  of  war  shall  have  the  right  to  remain  in  communication  with  the  prisoners‟ 

representatives in the camps on which they depend. 

SECTION IV 

FINANCIAL RESOURCES OF PRISONERS OF WAR 

Article 58 

Ready money.—Upon the outbreak of hostilities, and pending an arrangement on this matter with the 
Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any 
similar form, that prisoners may have in their possession. Any amount in excess, which was properly in 
their  possession  and  which  has  been  taken  or  withheld  from  them,  shall  be  placed  to  their  account, 
together with any monies deposited by them, and shall not be converted into any other currency without 
their consent. 

If  prisoners  of  war  are  permitted  to  purchase  services  or  commodities  outside  the  camp  against 
payment in cash, such payments shall be made by the prisoner himself or the camp administration who 
will  charge  them  to  the  accounts  of  the  prisoners  concerned.  The  Detaining  Power  will  establish  the 
necessary rules in this respect. 

Article 59 

Amounts  in  cash  taken  from  prisoners.—Cash  which  was  taken  from  prisoners  of  war,  in 
accordance  with  Article  18,  at  the  time  of  their  capture,  and  which  is  in  the  currency  of  the  Detaining 
Power, shall be placed to their separate accounts, in accordance with the provisions of  Article 64 of the 
present Section. 

The  amounts,  in  the  currency  of  the  Detaining  Power,  due  to  the  conversion  of  sums  in  other 
currencies  that  are  taken  from  the  prisoners  of  war  at  the  same  time,  shall  also  be  credited  to  their      
separate accounts. 

Article 60 

Advances of pay.—The Detaining Power shall grant all prisoners of war a monthly advance of pay, 
the  amount  of  which  shall  be  fixed  by  conversion,  into  the  currency  of  the  said  Power,  of  the          
following amounts:— 

Category I: Prisoners ranking below sergeants: eight Swiss francs. 

Category  II:  Sergeants  and  other  non-commissioned  officers,  or  prisoners  of  equivalent  rank: 

twelve Swiss francs. 

Category III: Warrant officers and commissioned officers below the rank of major or 

prisoners of equivalent rank: fifty Swiss francs. 

Category  IV:  Majors,  lieutenant-colonels,  colonels  or  prisoners  of  equivalent  rank;  sixty               

Swiss francs. 

Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs. 

50 

 
However,  the  Parties  to  the  conflict  concerned  may  by  special  agreement  modify  the  amount  of 

advances of pay due to prisoners of the preceding categories. 

Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared 
with  the  pay  of  the  Detaining  Power‟s  armed  forces  or  would,  for  any  reason,  seriously  embarrass  the 
Detaining  Power,  then,  pending  the  conclusion  of  a  special  agreement  with  the  Power  on  which  the 
prisoners depend to vary the amounts indicated above, the Detaining Power— 

(a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first 

paragraph above; 

(b) may temporarily limit the amount made available from these advances of pay to prisoners of 
war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior 
to the amount that the Detaining Power gives to the members of its own armed forces. 

The reasons for any limitations will be given without delay the Protecting Power. 

Article 61 

Supplementary  pay.—The  Detaining  power  shall  accept  for  distribution  as  supplementary  pay  to 
prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition 
that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all 
prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the 
earliest opportunity, in accordance with the provisions of  Article 64. Such supplementary pay shall not 
relieve the Detaining Power of any obligation under this Convention. 

Article 62 

Working pay.—Prisoners of war shall be paid a fair working rate of pay by the detaining authorities 
direct. The rate shall be fixed by the said authorities, but shall at no time be less one-fourth of one Swiss 
franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on 
which they  depend, through  the intermediary  of  the Protecting  Power,  of the  rate of  daily  working  pay 
that it has fixed. 

Working  pay  shall  likewise  be  paid  by  the  detaining  authorities  to  prisoners  of  war  permanently 
detailed  to  duties  or  to  a  skilled  or  semi-skilled  occupation  in  connection  with  the  administration, 
installation  or  maintenance  of  camps,  and  to  the  prisoners  who  are  required  to  carry  out  spiritual  or 
medical duties on behalf of their comrades. 

The working pay of the prisoners‟ representative, of his advisers, if any, and of his assistants, shall be 
paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the 
prisoners‟ representative and approved by the camp commander. If there is no such fund, the detaining 
authorities shall pay these prisoners a fair working rate of pay. 

Article 63 

Transfer of funds.—Prisoners of war shall be permitted to receive remittances of money addressed 

to them individually or collectively. 

Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the 
following Article, within the limits fixed by the Detaining Power, which shall make such payments as are 
requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, 
prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of 
war to dependants shall be given priority. 

In  any  event,  and  subject  to  the  consent  of  the  power  on  which  they  depend,  prisoners  may  have 
payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power 
through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners 
of  war,  the  beneficiaries  of  the  payments,  and  the  amount  of  the  sums  to  be  paid,  expressed  in  the 
Detaining Power, currency. The said notification shall be signed by the prisoners and countersigned by 
the  camp  commander.  The  Detaining  Power  shall  debit  the  prisoners‟  account  by  a  corresponding 

51 

 
amount;  the  sums  thus  debited  shall  be  placed  by  it  to  the  credit  of  the  Power  on  which  the            
prisoners depend. 

To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations 

in Annex V of the present Convention. 

Article 64 

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

at least the following:— 

(1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived 
from any other source; the sums in the currency of the Detaining Power which were taken from him; the 
sums taken from him and converted at his request into the currency of the said Power. 

(2) The payments made to the prisoner in cash, or in any other similar form; the payments made on 

his behalf and at his request; the sums transferred under Article 63, third paragraph. 

Article 65 

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

be countersigned or initialed by him, or by the prisoners‟ representative acting on his behalf. 

Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies 
of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the 
time of visits to the camp. 

When prisoners of war are transferred from one camp to another, their personal accounts will follow 
them. In case of transfer from one Detaining Power to another, the monies which are their property and 
are not in the currency of the Detaining Power will follow them. They shall be given certificates for any 
other monies standing to the credit of their accounts. 

The Parties to the conflict concerned may agree to notify to each other at specific intervals through 

the Protecting Power, the amount of the accounts of the prisoners of war. 

Article 66 

Winding up of accounts.—On the termination of captivity, through the release of a prisoner of war 
or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that 
Power,  showing  the  credit  balance  then  due  to  him.  The  Detaining  Power  shall  also  send  through  the 
Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate 
particulars  of  all  prisoners  of  war  whose  captivity  has  been  terminated  by  repatriation,  release,  escape, 
death or any other means, and showing the amount of their credit balances. Such lists shall be certified on 
each sheet by an authorized representative of the Detaining Power. 

Any  of  the  above  provisions  of  this  Article  may  be  varied  by  mutual  agreement  between  any  two 

Parties to the conflict. 

The power on which the prisoner of war depends shall be responsible for settling with him any credit 

balance due to him from the Detaining Power on the termination of his captivity. 

Article 67 

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

Claims  for  compensation.—Any  claim  by  a  prisoner  of  war  for  compensation  in  respect  of  any 
injury or other disability arising out of work shall be referred to the Power on which he depends, through 
the Protecting Power. In accordance with  Article 54, the Detaining Power will, in all cases, provide the 

Article 68 

52 

 
prisoner  of  war  concerned  with  a  statement  showing  the  nature  of  the  injury  or  disability,  the 
circumstances  in  which  it  arose  and  particulars  of  medical  or  hospital  treatment  given  for  it.                      
This statement will be signed by a responsible officer of the Detaining Power and the medical particulars 
certified by a medical officer. 

Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables 
impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect 
of  loss  alleged  to  be  due  to  the  fault  of  the  Detaining  Power  or  any  of  its  servants,  shall  likewise  be 
referred to the Power on which he depends. Nevertheless, any such personal effects required for use by 
the  prisoners  of  war  whilst  in  captivity  shall  be  replaced  at  the  expense  of  the  Detaining  Power.  The 
Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible 
officer,  showing  all  available  information  regarding  the  reasons  why  such  effects,  monies  or  valuables 
have  not  been  restored  to  him.  A  copy  of  this  statement  will  be  forwarded  to  the  Power  on  which  he 
depends through the Central Agency for Prisoners of War provided for in Article 123. 

SECTION V 

RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR 

Article 69 

Notification  of  measures  taken.—Immediately  upon  prisoners  of  war  falling  into  its  power,  the 
Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, 
of the measures taken to carry out the provisions of the present Section. They shall likewise inform the 
parties concerned of any subsequent modifications of such measures. 

Article 70 

Capture card.—Immediately upon capture, or not more than one week after arrival at a camp, even 
if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner 
of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War 
Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to 
the present Convention, informing his relatives of his capture, address and state of health. The said cards 
shall be forwarded as rapidly as possible and may not be delayed in any manner. 

Article 71 

Correspondence.—Prisoners  of  war  shall  be  allowed  to  send  and  receive  letters  and  cards.  If  the 
Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, 
the said number shall not be less than two letters and four cards monthly exclusive of the capture cards 
provided  for in  Article 70,  and  conforming  as  closely  as  possible  to the  models  annexed  to the  present 
Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be 
in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the 
Detaining Power‟s inability to find sufficient qualified linguists to carry out the necessary censorship. If 
limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only 
by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters 
and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may 
not be delayed or retained for disciplinary reasons. 

Prisoners of war who have been without news for a long period, or who are unable to receive news 
from their next of kin or to give them news by the ordinary postal route, as well as those who are  at a 
great distance from their homes, shall be permitted to send telegrams, the fees being charged against the 
prisoners of war‟s accounts with the Detaining Power or paid in the currency at their disposal. They shall 
likewise benefit by this measure in cases of urgency. 

As  a  general  rule,  the  correspondence  of  prisoners  of  war shall be  written  in  their  native language. 

The Parties to the conflict may allow correspondence in other languages. 

Sacks containing prisoner of war mail must be securely sealed and  labeled so as clearly to indicate 

their contents and must be addressed to offices of destination. 

53 

 
 
Article 72 

Relief Shipments. I. General principles.—Prisoners of war shall be allowed to receive by post or by 
any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, 
medical supplies  and  articles  of  a  religious, educational or recreational character  which  may  meet  their 
needs,  including  books,  devotional  articles,  scientific  equipment,  examination  papers,  musical 
instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural 
activities. 

Such  shipments  shall  in  no  way  free the  Detaining  Power from  the  obligations imposed  upon  it  by 

virtue of the present Convention. 

The only limits which may be placed on these shipments shall be those proposed by the Protecting 
Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or 
any  other  organization  giving  assistance  to  the  prisoners,  in  respect  of  their  own  shipments  only,  on 
account of exceptional strain on transport or communications. 

The  conditions  for  the  sending  of  individual  parcels  and  collective  relief  shall,  if  necessary,  be  the 
subject of special agreements between the Powers concerned, which may in no case delay the receipt by 
the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical 
supplies shall, as a rule, be sent in collective parcels. 

Article 73 

II.  Collective  relief.—In  the  absence  of  special  agreements  between  the  Powers  concerned  on  the 
conditions  for  the  receipt  and  distribution  of  collective  relief  shipments,  the  rules  and  regulations 
concerning collective shipments, which are annexed to the present Convention, shall be applied. 

The  special  agreements  referred  to  above  shall  in  no  case  restrict  the  right  of  prisoners‟ 
representatives to take possession of collective relief shipments intended for prisoners of war, to proceed 
to their distribution or to dispose of them in the interest of the prisoners. 

Nor  shall  such  agreements  restrict  the  right  of  representatives  of  the  Protecting  Power,  the 
International Committee of the Red Cross or any other organisation giving assistance to prisoners of war 
and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. 

Article 74 

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

exempt from import, customs and other dues. 

Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war 
or dispatched by them through the post office, either direct or through the Information Bureaux provided 
for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt 
from any postal dues, both in the countries of origin and destination, and in intermediate countries. 

If relief shipments intended for prisoners of war cannot be sent through the post office by reason of 
weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the 
territories under its control. The other Powers, party to the Convention, shall bear the cost of transport in 
their respective territories. 

In  the  absence  of  special  agreements  between  the  Parties  concerned,  the  costs  connected  with 

transport  of  such  shipments,  other  than  costs  covered  by  the  above  exemption,  shall  be  charged                           
to the senders. 

The  High  Contracting  Parties  shall  endeavor  to  reduce,  so  far  as  possible,  the  rates  charged  for 

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

Special  means  of  transport.—Should  military  operations  prevent  the  Powers  concerned  from 
fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, 

Article 75 

54 

 
 
the Protecting Powers concerned, the International Committee of the Red Cross or any other organization 
duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by 
suitable  means  (railway  wagons,  motor  vehicles,  vessels  aircraft,  etc).  For  this  purpose,  the  High 
Contracting  Parties  shall  endeavor  to  supply  them  with  such  transport  and  to  allow  its  circulation, 
especially by granting the necessary safe-conducts. 

Such transport may also be used to convey:— 

(a) correspondence, lists and reports exchanged between the Central Information Agency referred 

to in Article 123 and the National Bureaux referred to in Article 122; 

(b)  correspondence  and  reports  relating  to  prisoners  of  war  which  the  Protecting  Powers,  the 
International Committee of the Red Cross or any other body assisting the prisoners, exchange either 
with their own delegates or with the Parties to the conflict. 

These provisions in no way detract from the right of any Party to the conflict to arrange other means 
of  transport,  if  it  should  so  prefer,  nor  preclude  the  granting  of  safe-conducts,  under  mutually  agreed 
conditions, to such means of transport. 

In the absence of special agreements, the costs occasioned by the use of such means of transport shall 

be borne proportionally by the Parties to the conflict whose nationals are benefited thereby. 

Article 76 

Censorship  and  examination.—The censoring of correspondence addressed to prisoners of war or 
dispatched by them shall be done as quickly as possible. Mail shall be censored only by the dispatching 
State and the receiving State, and once only by each. 

The  examination  of  consignments  intended  for  prisoners  of  war  shall  not  be  carried  out  under 
conditions that will expose the goods contained in them to deterioration; except in the case of written or 
printed matter, it shall be done in the presence of the addressee, or of a fellow—prisoner duly delegated 
by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the 
pretext of difficulties of censorship. 

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

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

Article 77 

Preparation,  execution  and  transmission  of  legal  documents.—The  Detaining  Powers  shall 
provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War 
Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or 
dispatched by them, especially powers of attorney and wills. 

In  all  cases  they  shall  facilitate  the  preparation  and  execution  of  such  documents  on  behalf  of 
prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are 
necessary for the authentication of their signatures. 

RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES 

SECTION VI 

CHAPTER I 

COMPLAINTS OF PRISONERS OF WAR RESPECTING THE CONDITIONS OF CAPTIVITY 

Article 78 

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

authorities  in  whose  power  they  are,  their  requests  regarding  the  conditions  of  captivity  to  which  they              
are subjected. 

They  shall  also  have  the  unrestricted  right  to  apply  to  the  representatives  of  the  Protecting  Powers 
either through their prisoners‟ representative or, if they consider it necessary, direct, in order to draw their 

55 

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

They requests and complaints shall not be limited nor considered to be a part of the correspondence 
quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be 
unfounded, they may not give rise to any punishment. 

Prisoners‟ representatives may send periodic reports on the situations in the camps and the needs of 

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

CHAPTER II 

PRISONERS OF WAR REPRESENTATIVES 

Article 79 

Election.—In  all  places  where  there  are  prisoners  of  war,  excepting those  where  there are  officers, 
the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners‟ 
representatives entrusted with representing them before the military authorities, the Protecting Powers, the 
International  Committee  of  the  Red  Cross  and  any  other  organization  which  may  assist  them.  These 
prisoners‟ representatives shall be eligible for re-election. 

In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the 
prisoners of war shall be recognised as the camp prisoners‟ representative. In camps for officers, he shall 
be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen 
from among the prisoners of war who are not officers and shall be elected by them. 

Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of 
war,  for  the  purpose  of  carrying  out  the  camp  administration  duties  for  which  the  prisoners  of  war  are 
responsible. These officers may be elected as prisoners‟ representatives under the first paragraph of this 
Article. In such a case the assistants to the prisoners‟ representatives shall be chosen from among those 
prisoners of war who are not officers. 

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

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

Article 80 

Duties.—Prisoners‟ representatives shall further the physical, spiritual and intellectual well-being of 

prisoners of war. 

In  particular,  where  the  prisoners  decide  to  organize  amongst  themselves  a  system  of  mutual 
assistance, this organization will be within the province of the prisoners‟ representative, in addition to the 
special duties entrusted to him by other provisions of the present Convention. 

Prisoners‟  representatives  shall  not  be  held  responsible,  simply  by  reason  of  their  duties,  for  any 

offences committed by prisoners of war. 

Article 81 

Prerogatives.—Prisoners‟  representatives  shall  not  be  required  to  perform  any  other  work,  if  the 

accomplishment of their duties is thereby made more difficult. 

Prisoners‟  representatives  may  appoint  from  amongst  the  prisoners  such  assistants  as  they  may 
require.  All  material  facilities  shall  be  granted  them,  particularly  a  certain  freedom  of  movement 
necessary  for  the  accomplishment  of  their  duties  (inspection  of  lab  our  detachments,  receipt                          
of supplies, etc.). 

56 

 
Prisoners‟  representatives  shall  be  permitted  to  visit  premises  where  prisoners  of  war  are  detained, 

and every prisoner of war shall have the right to consult freely his prisoners‟ representative. 

All facilities shall likewise be accorded to the prisoners‟ representatives for communication by post 
and  telegraph  with  the  detaining  authorities,  the  Protecting  Powers,  the  International  Committee  of  the 
Red  Cross  and  their  delegates,  the  Mixed  Medical  Commissions  and  with  the  bodies  which  give 
assistance  to  prisoners  of  war.  Prisoners‟  representatives  of  labour  detachments  shall  enjoy  the  same 
facilities  for  communication  with  the  prisoners‟  representatives  same  facilities  for  communication  with 
the  prisoners‟  representatives  of  the  principal  camp.  Such  communications  shall  not  be  restricted,  nor 
considered as forming a part of the quota mentioned in Article 71. 

Prisoners‟  representatives  who  are  transferred  shall  be  allowed  a  reasonable  time  to  acquaint  their 

successors with current affairs. 

In case of dismissal, the reasons therefore shall be communicated to the Protecting Power. 

CHAPTER III 

PENAL AND DISCIPLINARY SANCTIONS 

1. General provisions 

Article 82 

Applicable  legislation.—A  prisoner  of  war  shall  be  subject  to  the  laws,  regulations  and  orders  in 
force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial 
or  disciplinary  measures  in  respect  of  any  offence  committed  by  a  prisoner  of  war  against  such  laws, 
regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter 
shall be allowed. 

If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of 
war to be punishable, whereas the same acts would not be punishable if committed by a member of the 
forces of the Detaining Power, such acts shall entail disciplinary punishments only. 

Article 83 

Choice  of  disciplinary  or  judicial  proceeding.—In deciding whether proceedings in respect of an 
offence  alleged  to  have  been  committed  by  a  prisoner  of  war  shall  be  judicial  or  disciplinary,  the 
Detaining  Power  shall  ensure  that  the  competent  authorities  exercise  the  greatest  leniency  and  adopt, 
wherever possible, disciplinary rather than judicial measures. 

Article 84 

Courts.—A  prisoner  of  war  shall  be  tried  only  by  a  military  court  unless  the  existing  laws  of  the 
Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining 
Power in respect of the particular offence alleged to have been committed by the prisoner of war. 

In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not 
offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, 
the  procedure  of  which  does  not  afford  the  accused  the  rights  and  means  of  defence  provided  for  in 
Article 105. 

Article 85 

Offences committed before capture.—Prisoners of war prosecuted under the laws of the Detaining 

Power  for  acts  committed  prior  to  capture  shall  retain,  even  if  convicted,  the  benefits  of  the                      
present Convention. 

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

same charge. 

Article 86 

57 

 
Article 87 

Penalties.—Prisoners  of  war  may  not  be  sentenced  by  the  military  authorities  and  courts  of  the 
Detaining Power to any penalties except those provided for in respect of members of the armed forces of 
the said Power who have committed the same acts. 

When  fixing  the  penalty,  the  courts  or  authorities  of  the  Detaining  Power  shall  take  into 
consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining 
Power,  is  not  bound  to  it  by  any  duty  of  allegiance,  and  that  he  is  in  its  power  as  the  result  of 
circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the 
penalty  provided  for  the  violation  of  which  the  prisoner  of  war  is  accused,  and  shall  therefore  not  be 
bound to apply the minimum penalty prescribed. 

Collective punishment for individual acts, corporal punishments, imprisonment in premises without 

daylight and, in general, any form of torture or cruelty, are forbidden. 

No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing 

his badges. 

Article 88 

Execution  of  Penalties.—Officers,  non-commissioned  officers  and  men  who  are  prisoners  of  war 
undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that 
applied  in  respect  of  the  same  punishment  to  members  of  the  armed  forces  of  the  Detaining  Power  of 
equivalent rank. 

A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated 
whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining 
Power dealt with for a similar offence. 

In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or 
treated  whilst  undergoing  punishment  more  severely,  than  a  male  member  of  the  armed  forces  of  the 
Detaining Power dealt with for a similar offence. 

Prisoners  of  war  who  have  served  disciplinary  or  judicial  sentences  may  not  be  treated  differently 

from other prisoners of war. 

II. Disciplinary Sanctions 

Article 89 

General  observations.—The  disciplinary  punishment  applicable 

to  prisoners  of  war  are                          

the following:— 

I. Forms of Punishment.—(1) A fine which shall not exceed 50 per cent. of the advances of pay and 
working pay which the prisoner of war would otherwise receive under the provisions of  Articles 60 and 
62 during a period of not more than thirty days. 

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

present Convention. 

(3) Fatigue duties not exceeding two hours daily. 

(4) Confinement. 

The punishment referred to under (3) shall not be applied to officers. 

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

of war. 

II. Duration of punishments.—The duration of any single punishment shall in no case exceed thirty 
days.  Any  period  of  confinement  awaiting  the  hearing  of  a  disciplinary  offence  or  the  award  of 
disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. 

Article 90 

58 

 
The  maximum  of  thirty  days  provided  above  may  not  be  exceeded,  even  if  the  prisoner  of  war  is 
answerable  for  several  acts  at  the  some  time  when  he  is  awarded  punishment,  whether  such  acts  are 
related or not. 

The period between the pronouncing of an award of disciplinary punishment and its execution shall 

not exceed one month. 

When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days 
shall elapse between the execution of any two or the punishments, if the duration of one of these is ten 
days or more. 

Article 91 

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

succeeded when:— 

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

(2) he has left the territory under the control of the Detaining Power, or of an ally of the said power; 

(3) he has joined a ship flying the flag of a power on which he depends, or of an allied Power, in the 

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

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

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

Article 92 

II. Unsuccessful escape.—A prisoner of war who attempts to escape and is recaptured before having 
made  good  his  escape  in  the  sense  of  Article  91  shall  be  liable  only  to  a  disciplinary  punishment,  in 
respect of this act, even if it is a repeated offence. 

A  prisoner  of  war  who  is  recaptured  shall  be  handed  over  without  delay  to  the  competent                 

military authority. 

Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful 
escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, 
must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards 
granted them by the present Convention. 

Article 93 

III. Connected offences.—Escape or attempt to escape, even if it is a repeated offence, shall not be 
deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in 
respect of an offence committed during his escape or attempt to escape. 

In conformity with the principle stated in Article 83, offences committed by prisoners of war with the 
sole intention of facilitating their escape and which do not entail any violence against life or limb, such as 
offences against public property, theft without intention of self-enrichment, the drawing up or use of false 
papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. 

Prisoners  of  war  who  aid or  abet  an  escape  or an attempt  to escape  shall  be liable  on this count to 

disciplinary punishment only. 

Article 94 

IV. Notification of recapture.—If an escaped prisoner of war is recaptured, the Power on which he 
depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape 
has been made. 

Article 95 

Procedure.  I.  Confinement  awaiting  hearing.—A  prisoner  of  war  accused  of  an  offence  against 
discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of 

59 

 
the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the 
interests of camp order and discipline. 

Any  period  spent  by  a  prisoner  of  war  in  confinement  awaiting  the  disposal  of  an  offence  against 

discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. 

The  provisions  of  Articles  97  and  98  of  this  Chapter  shall  apply  to  prisoners  of  war  who  are  in 

confinement awaiting the disposal of offences against discipline. 

Article 96 

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

shall be investigated immediately. 

Without  prejudice  to  the  competence  of  courts  and  superior  military  authorities,  disciplinary 
punishment  may  be  ordered  only  by  an  officer  having  disciplinary  powers  in  his  capacity  as  camp 
commander,  or  by  a  responsible  officer  who  replaces  him  or  to  whom  he  has  delegated  his                   
disciplinary  powers. 

In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. 

Before  any  disciplinary  award  is  pronounced,  the  accused  shall  be  given  precise  information 
regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of 
defending  himself.  He  shall  be  permitted,  in  particular,  to  call  witnesses  and  to  have  recourse,  if 
necessary,  to  the  services  of  a  qualified  interpreter.  The  decision  shall  be  announced  to  the  accused 
prisoner of war and to the prisoners‟ representative. 

A record of disciplinary punishments shall be maintained by the camp commander and shall be open 

to inspection by representatives of the Protecting Power. 

Article 97 

Execution  of  punishment.  I.  Premises.—Prisoners  of  war  shall  not  in  any  case  be  transferred  to 
penitentiary  establishments  (prisons,  penitentiaries,  convict  prisons,  etc.)  to  undergo  disciplinary 
punishment therein. 

All  premises  in  which  disciplinary  punishments  are  undergone  shall  conform  to  the  sanitary 
requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep 
himself in a state of cleanliness, in conformity with Article 29. 

Officers  and  persons  of  equivalent  status  shall  not  be  lodged  in  the  same  quarters  as                               

non-commissioned officers or men. 

Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters 

from male prisoners of war and shall be under the immediate supervision of women. 

Article 98 

II. Essential  safeguards.—A prisoner of war undergoing confinement as a disciplinary  punishment 
shall  continue  to  enjoy  the  benefits  of  the  provisions  of  this  Convention  except  in  so  far  as  these  are 
necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of 
the benefits of the provisions of Articles 78 and 126. 

A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached 

to his rank. 

Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open 

air at least two hours daily. 

They  shall  be  allowed,  on  their  request,  to  be  present  at  the  daily  medical  inspections.  They  shall 
receive the attention which their state of health requires and, if necessary, shall be removed to the camp 
infirmary or to a hospital. 

They  shall  have  permission  to  read  and  write,  likewise  to  send  and  receive  letters.  Parcels  and 
remittances of money however, may be withheld from them until the completion of the punishment; they 

60 

 
shall  meanwhile  be  entrusted  to  the  prisoners‟  representative,  who  will  hand  over  to  the  infirmary  the 
perishable goods contained in such parcels. 

III. Judicial proceedings 

Article 99 

Essential  rules.  I.  General  principles.—No  prisoner  of  war  may  be  tried  or  sentenced  for  an  act 
which is not forbidden by the law of the Detaining Power or by International Law, in force at the time the 
said act was committed. 

No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit 

himself guilty of the act of which he is accused. 

No prisoner of war may be convicted without having  had an opportunity to present his defence and 

the assistance of a qualified advocate or counsel. 

Article 100 

II.  Death  penalty.—Prisoners  of  war  and  the  Protecting  Powers  shall  be  informed,  as  soon  as 

possible,  of  the  offences  which  are  punishable  by  the  death  sentence  under  the  laws  of  the                    
Detaining Power. 

Other offences shall not thereafter be made punishable by the death penalty without the concurrence 

of the Power on which the prisoners of war depend. 

The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in 
accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is 
not a national of the Detaining Power, he is not bound to it by and duty of allegiance, and that he is in its 
power as the result of circumstances independent of his own will. 

Article 101 

III. Delay in execution of the death penalty.—If the death penalty is pronounced on a prisoner of 
war, the sentence shall not be executed before the expiration of a period of at least six months from the 
date when the Protecting Power receives, at an indicated address, the detailed communication provided 
for in Article 107. 

Article 102 

Procedure. I. Conditions for validity of sentence.—A prisoner of war can be validly sentenced only 
if the sentence has been pronounced by the same courts according to the same procedure as in the case of 
members  of  the  armed  forces of  the  Detaining  Power,  and if  furthermore,  the  provisions of the  present 
Chapter have been observed. 

Article 103 

II.  Confinement  awaiting  trial  (Deduction  from  sentence,  treatment.—Judicial  investigations 
relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial 
shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a 
member of the armed forces of the Detaining Power would be so confined if he were accused of a similar 
offence,  or  if it is  essential  to  do  so in  the  interests of  national  security.  In  no  circumstances  shall this 
confinement exceed three months. 

Any  period  spend  by  a  prisoner  of  war  in  confinement  awaiting  trial  shall  be  deducted  from  any 

sentence of imprisonment passed upon him and taken into account in fixing any penalty. 

The  provisions  of  Articles  97  and  98  of  this  Chapter  shall  apply  to  a  prisoner  of  war  whilst  in 

confinement awaiting trial. 

III. Notification of proceedings.—In any case in which the Detaining Power has decided to institute 
judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and 
at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on 

Article 104 

61 

 
which such notification reaches the Protecting Power at the address previously indicated by the latter to 
the Detaining Power. 

The said notification shall contain the following information:— 

(1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial 

number, his date or birth, and his profession or trade, if any; 

(2) Place of internment or confinement; 

(3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the 

legal provisions applicable; 

(4) Designation of the court which will try the case, likewise the date and place fixed for the opening 

of the trial. 

The same communication shall be made by the Detaining Power to the prisoners‟ representative. 

If  no  evidence  is  submitted,  at  the  opening  of  a  trial  that  the  notification  referred  to  above  was 
received by the Protecting Power, by the prisoner of war and by the prisoners‟ representative concerned, 
at  least  three  weeks  before  the  opening  of  the  trial,  then  the  latter  cannot  take  place  and  must  be 
adjourned. 

Article 105 

IV. Rights and means of defence.—The prisoner of war shall be entitled to assistance by one of his 
prisoner  comrades,  to  defence  by  a  qualified  advocate  or  counsel  of  his  own  choice,  to  the  calling  of 
witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of 
these rights by the Detaining Power in due time before the trial. 

Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, 
and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the 
said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate 
or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent 
advocate or counsel to conduct the defence. 

The  advocate  or  counsel  conducting  the  defence  on  behalf  of  the  prisoner  of  war  shall  have  at  his 
disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to 
prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in 
private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have 
the benefit of these facilities until the term of appeal or petition has expired. 

Particulars  of  the charge or  charges  on  which  the prisoner  of  war is  to  be  arraigned,  as  well as the 
documents which are generally communicated to the accused by virtue of the laws in force in the armed 
forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which 
he understands, and in good time before the opening of the trial. The same communication in the same 
circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner 
of war. 

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

Article 106 

V.  Appeals.—Every  prisoner  of  war  shall  have,  in  the  same  manner  as  the  members  of  the  armed 
forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, 
with a view to the quashing or revising of the sentence or the re-opening of the trial. He shall be fully 
informed of his right to appeal or petition and of the time limit within which he may do so. 

Article 107 

VI.  Notification  of  findings  and  sentence.—Any  judgment  and  sentence  pronounced  upon  a 
prisoner  of  war  shall  be  immediately  reported  to  the  Protecting  Power  in  the  form  of  a  summary 
communication, which shall also indicate whether he has the right of appeal with a view to the quashing 

62 

 
of the sentence or the re-opening of the trial. This communication shall likewise be sent to the prisoner‟s 
representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, 
if  the  sentence  was  not  pronounced  in  his  presence.  The  Detaining  Power  shall  also  immediately 
communicate  to  the  Protecting  Power  the  decision  of  the  prisoner  of  war  to  use  or  to  waive  his                   
right of appeal. 

Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war 
in  the  first  instance  is  a  death  sentence,  the  Detaining  Power  shall  as  soon  as  possible  address  to  the 
Protecting Power a detailed communication containing:— 

(1) the precise wording of the finding and sentence; 

(2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular 

the elements of the prosecution and the defence; 

(3) notification, where applicable, of the establishment where the sentence will be served. 

The  communications  provided  for  in  the  foregoing  sub-paragraphs  shall  be  sent  to  the  Protecting 

Power at the address previously made known to the Detaining Power. 

Article 108 

Execution  of  penalties,  penal  regulations.—Sentences  pronounced  on  prisoners  of  war  after  a 
conviction has become duly enforceable, shall be served in the same establishments and under the same 
conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall 
in all cases conform to the requirements of health and humanity. 

A  woman  prisoner  of  war  on  whom  such  a  sentence  has  been  pronounced  shall  be  confined  in 

separate quarters and shall be under the supervision of women. 

In  any  case,  prisoners  of war  sentenced  to  a penalty  depriving  them  of their  liberty  shall retain  the 
benefit  of  the  provisions  of  Articles  78  and  126  of  the  present  Convention.  Furthermore,  they  shall  be 
entitled  to  receive  and  dispatch  correspondence,  to  receive  at  least  one  relief  parcel  monthly,  to  take 
regular exercise in the open air, to have the medical care required by their state of health, and the spiritual 
assistance  they  may  desire.  Penalties  to  which  they  may  be  subjected  shall  be  in  accordance  with  the 
provisions of Article 87, third paragraph. 

PART IV 

TERMINATION OF CAPTIVITY 

SECTION I 

DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 

Article 109 

General observations.—Subject to the provisions of the third paragraph of this Article, Parties to the 
conflict are bound to send back to their own country, regardless of number or rank, seriously wounded 
and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance 
with the first paragraph of the following Article. 

Throughout the duration of hostilities, Parties to the conflict shall endeavor, with the co-operation of 
the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the 
sick  and  wounded  prisoners  of  war  referred  to  in  the  second  paragraph  of  the  following  Article.  They 
may,  in  addition,  conclude  agreements  with  a  view  to  the  direct  repatriation  or  internment  in  a  neutral 
country of able-bodied prisoners of war who have undergone a long period of captivity. 

No  sick  or  injured  prisoner  of  war  who  is  eligible  for  repatriation  under  the  first  paragraph  of  this 

Article, may be repatriated against his will during hostilities. 

63 

 
Article 110 

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

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

gravely diminished. 

(2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, 
whose  condition  requires  treatment  and  whose  mental  or  physical  fitness  seems  to  have  been  gravely 
diminished. 

(3)  Wounded  and  sick  who  have  recovered,  but  whose  mental  or  physical  fitness  seems  to  have 

gravely and permanently diminished. 

The following may be accommodated in a neutral country:— 

(1) Wounded and sick whose recovery may be expected within one year of the date of the wound or 
the  beginning  of  the  illness,  if  treatment  in  a  neutral  country  might  increase  the  prospects  of  a  more 
certain and speedy recovery. 

(2)  Prisoners  of  war  whose  mental  or  physical  health,  according  to  medical  opinion,  is  seriously 

threatened  by  continued  captivity,  but  whose  accommodation  in  a  neutral  country  might  remove                 
such a threat. 

The  conditions  which  prisoners  of  war  accommodated  in  a  neutral  country  must  fulfill  in  order  to 
permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers 
concerned.  In  general,  prisoners  of  war  who  have  been  accommodated  in  a  neutral  country,  and  who 
belong to the following categories, should be repatriated:— 

(1)  Those  whose  state  of  health  has  deteriorated  so  as  to  fulfill  the  conditions  laid  down                        

for direct repatriation. 

(2) Those whose mental or physical powers remain, even after treatment, considerably impaired. 

If no special agreements are concluded between the Parties to the conflict concerned, to determine the 
cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such 
cases  shall  be  settled  in  accordance  with  the  principles  laid  down  in  the  Model  Agreement  concerning 
direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in 
the Regulations concerning Mixed Medical Commissions annexed to the Present Convention. 

Article 111 

International  in  a  neutral  country.—The  Detaining  Power,  the  Power  on  which  the  prisoners  of 
war  depend,  and  a  neutral  Power  agreed  upon  by  these  two  Powers,  shall  endeavor  to  conclude 
agreements  which  will  enable  prisoners  of  war to  be interned  in the territory  of  the  said neutral  Power 
until the close of hostilities. 

Article 112 

Mixed Medical Commissions.—Upon the outbreak of hostilities, Mixed Medical Commissions shall 
be  appointed  to  examine  sick  and  wounded  prisoners  of  war,  and  to  make  all  appropriate  decisions 
regarding  them.  The  appointment,  duties  and  functioning  of  these  Commissions  shall  be  in  conformity 
with the provisions of the Regulations annexed to the present Convention. 

However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are 
manifestly  seriously  injured  or  seriously  sick,  may  be  repatriated  without  having  to  be  examined  by  a 
Mixed Medial Commission. 

Article 113 

Prisoners  entitled  to  examination  by  Mixed  Medical  Commissions.—Besides  those  who  are 
designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging 
to  the  categories  listed  below  shall  be  entitled  to  present  themselves  for  examination  by  the  Mixed 
Medical Commissions provided for in the foregoing Article:— 

 (1)  Wounded  and  sick  proposed  by  a  physician  or  surgeon  who  is  of  the  same  nationality,  or  a 
national  of  a  Party  to  the  conflict  allied  with  the  Power  on  which  the  said  prisoners  depend,  and  who 
exercises his functions in the camp. 

64 

 
(2) Wounded and sick proposed by their prisoners‟ representative. 

(3)  Wounded  and  sick  proposed  by  the  Power  on  which  they  depend,  or  by  an  organization  duly 

recognized by the said Power and giving assistance to the prisoners. 

Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present 
themselves  for  examination  by  Mixed  Medical  Commissions,  but  shall  be  examined  only  after  those 
belonging to the said categories. 

The  physician  or  surgeon  of  the  same  nationality  as  the  prisoners  who  present  themselves  for 
examination  by  the  Mixed  Medical  Commission,  likewise  the  prisoners‟  representative  of  the  said 
prisoners, shall have permission to be present at the examination. 

Prisoners  meeting  with  accidents.—Prisoners  of  war  who  meet  with  accidents  shall,  unless  the 
injury  is  self-inflicted,  have  the  benefit  of  the  provisions  of  this  Convention  as  regards  repatriation  or 
accommodation in a neutral country. 

Article 114 

Article 115 

Prisoners  serving  a  sentence.—No  prisoner  of  war  on  whom  a  disciplinary  punishment  has  been 
imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back 
on the plea that he has not undergone his punishment. 

Prisoners  of  war  detained  in  connection  with  a  judicial  prosecution  or  conviction  and  who  are 
designated for repatriation or accommodation in a neutral country, may benefit by such measures before 
the end of the proceedings or the completion of the punishment, if the Detaining Power consents. 

Parties to the conflict shall communicate to each other the names of those who will be detained until 

the end of the proceedings or the completion of the punishment. 

Cost of repatriation.—The costs of repatriating prisoners of war or of transporting them to a neutral 
country  shall  be  borne,  from  the  frontiers  of  the  Detaining  Power,  by  the  Power  on  which  the  said 
prisoners depend. 

Article 116 

Article 117 

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

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

SECTION II 

Article 118 

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

cessation of active hostilities. 

In the absence of stipulations to the above effect in any agreement concluded between the Parties to 
the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining 
Powers  shall  itself  establish  and  execute  without  delay  a  plan  of  repatriation  in  conformity  with  the 
principle laid down in the foregoing paragraph. 

In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. 

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the 
Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out 
on the following basis: 

(a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear 

the cost of repatriation from the frontiers of the Detaining Power. 

65 

 
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of 
prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the 
territory  of  the  Power  on  which  the  prisoners  of  war  depend.  The  Parties  concerned  shall  agree 
between themselves as to the equitable apportionment of the remaining costs of the repatriation. The 
conclusion  of  this  agreement  shall  in  no  circumstances  justify  any  delay  in  the  repatriation  of  the 
prisoners of war. 

Article 119 

Details  of  procedure.—Repatriation  shall  be  effected  in  conditions  similar  to  those  laid  down  in 
Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to 
the provisions of Article 118 and to those of the following paragraphs. 

On  repatriation,  any  articles  of  value  impounded  from  prisoners  of  war  under  Article  18,  and  any 
foreign currency which has not been converted into the currency of the Detaining Power, shall be restored 
to  them.  Articles  of  value  and  foreign  currency  which,  for  any  reason  whatever,  re  not  restored  to 
prisoners of war on repatriation, shall be dispatched to the Information Bureau set up under Article 122. 

Prisoners  of  war  shall  be  allowed  to  take  with them  their  personal  effects,  and any  correspondence 
and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of 
repatriation  so  require,  to  what  each  prisoner  can  reasonably  carry.  Each  prisoner  shall  in  all  cases  be 
authorized to carry at least twenty-five kilograms. 

The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power 
which  shall  have  them  forwarded  to  him  as  soon  as  it  has  concluded  an  agreement  to  this  effect, 
regulating the conditions of transport and the payment of the costs involved, with the Power on which the 
prisoner depends. 

Prisoners  of  war  against  whom  criminal  proceedings  for  an  indictable  offence  are  pending  may  be 
detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The 
same shall apply to prisoners of war already convicted for an indictable offence 

Parties  to  the  conflict  shall  communicate  to  each  other  the  names  of  any  prisoners  of  war  who  are 

detained until the end of the proceedings or until punishment has been completed. 

By agreement between the Parties to the conflict, commissions shall be established for the purpose of 

searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. 

SECTION III 

DEATH OF PRISONERS OF WAR 

Article 120 

Wills, death certificates, burial, cremation.—Wills of prisoners of war shall be drawn up so as to 
satisfy  the  conditions  of  validity  required  by  the  legislation  of  their  country  of  origin,  which  will  take 
steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of 
war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a 
certified copy shall be sent to the Central Agency. 

Death certificates, in the form annexed to the present convention, or lists certified by a responsible 
officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner 
of War Information Bureau established in accordance with Article 122.Thedeath certificates or certified 
lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and 
place of death, the cause of death, the date and also place of burial and all particulars necessary to identify 
the graves. 

The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body 
with a view to confirming death and establishing a report to be made and, where necessary, establishing 
identity. 

The detaining authorities shall ensure that prisoners of war who have died in captivity are honorably 
buried, if possible according to the rites of the religion to which they belonged, and that their graves are 

66 

 
respected,  suitably  maintained  and  marked  so  as  to  be  found  at  any  time.  Wherever  possible,  deceased 
prisoners of war who depended on the same Power shall be interred in the same place. 

Deceased  prisoners  of  war  shall  be  buried  in  individual  graves  unless  unavoidable  circumstances 
require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on 
account  of the  religion  of the  deceased  or in  accordance  with  his  express  wish  to  this  effect.  Incase  of 
cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. 

In order that graves may always be found, all particulars of burials and grave shall be recorded with a 
Graves  Registration  Service  established  by  the  Detaining  Power.  Lists  of  graves  and  particulars  of  the 
prisoners  of  war  interred  in  cemeteries  and  elsewhere  shall  be transmitted  to the  Power  on  which  such 
prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent 
moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. 
These provisions shall also apply to the ashes which shall be kept by the Graves Registration Service until 
proper disposal thereof in accordance with the wishes of the home country. 

Article 121 

Prisoners killed or injured in special circumstances.—Every death or serious injury of a prisoner 
of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, 
as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry 
by the Detaining Power. 

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

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures 

for the prosecution of the person or persons responsible. 

PART V 

INFORMATION BUREAUX AND RELIEF SOCIETIES FOR PRISONERS OF WAR 

Article 122 

National  Bureaux.—Upon  the  outbreak  of  a  conflict  and  in  all  cases  of  occupation,  each  of  the 
Parties  to  the  conflict  shall  institute  an  official  Information  Bureau  for  prisoners  of  war  who  are  in  its 
power. Neutral or non-belligerent Powers who may have received within their territory persons belonging 
to one of the categories referred to in Article 4, shall take the same action with respect to such persons. 
The  Power  concerned  shall  ensure  that  the  Prisoners  of  War  Information  Bureau  is  provided  with  the 
necessary  accommodation,  equipment  and  staff  to  ensure  its  efficient  working.  It  shall  be  at  liberty  to 
employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present 
Convention dealing with work by prisoners of war. 

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

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

This  information  shall  make  it  possible  quickly  to  advise  the  next  of  kin  concerned.  Subject to  the 
provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in 
respect  of  each  prisoner  of  war,  his  surname,  first  names,  rank,  army,  regimental,  personal  or  serial 
number, place and full date of birth, indication of the Power on which he depends, first name of the father 
and maiden name of the mother, name and address of the person to be informed and the address to which 
correspondence for the prisoner may be sent. 

67 

 
The Information Bureau shall receive from the various departments concerned information regarding 
transfers,  releases,  repatriations,  escapes,  admissions  to  hospital,  and  deaths,  and  shall  transmit  such 
information in the manner described in the third paragraph above. 

Likewise,  information  regarding  the  state  of  health  of  prisoners  of  war  who  are  seriously  ill  or 

seriously wounded shall be supplied regularly, every week if possible. 

The  Information  Bureau  shall  also  be  responsible  for  replying  to all  enquiries sent  to it  concerning 
prisoners  of  war,  including  those  who  have  died  in  captivity;  it  will  make  any  enquiries  necessary  to 
obtain the information which is asked for if this is not in its possession. 

All written communications made by the Bureau shall be authenticated by a signature or a seal. 

The information Bureau shall furthermore be charged with collecting all personal valuables, including 
sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, 
left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall 
forward the said valuables to the Powers concerned. Such  articles shall be sent by the Bureau in sealed 
packets which shall be accompanied by statements giving clear and full particulars of the identity  of the 
person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal 
effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties 
to the conflict concerned. 

Article 123 

Central  Agency.—A  Central  Prisoners  of  War  Information  Agency  shall  be  created  in  a  neutral 
country. The International Committee of the Red Cross shall, if it deems necessary, propose to the powers 
concerned the organization of such an Agency. 

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

The High Contracting Parties, and in particular those whose nationals benefit by the services of the 

Central Agency, are requested to give the said Agency the financial aid it may require. 

The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of 

the International Committee of the Red Cross, or of the relief Societies provided for in Article 125. 

Exemption from charges.—The National Information Bureaux and the Central Information Agency 
shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far 
as possible, exemption from telegraphic charges or, at least, greatly reduced rates. 

Article 124 

Article 125 

Relief societies and other organizations.—Subject to the measures which the Detaining Powers may 
consider  essential  to  ensure  their  security  or  to  meet  any  other  reasonable  need,  the  representatives  of 
religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive 
from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting 
the  prisoners  for  distributing  relief  supplies  and  material,  from  any  source,  intended  for  religious, 
educational  or  recreative  purposes,  and  for  assisting  them  in  organising  their  leisure  time  within  the 
camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in 
any other country, or they may have an international character. 

The  Detaining  Power  may  limit  the  number  of  societies  and  organizations  whose  delegates  are 
allowed to carry out their activities in its territory and under its supervision, on condition, however that 
such limitation shall not hinder the effective operation of adequate relief to all prisoners of war. 

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

and respected at all times. 

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As soon as relief supplies or material intended for the above mentioned purposes are handed over to 
prisoners  of  war,  or  very  shortly  afterwards,  receipts  for  each  consignment,  signed  by  the  prisoners‟ 
representative, shall be forwarded to the relief society or organization making the shipment. At the same 
time, receipts for these consignments shall be supplied by the administrative authorities responsible for 
guarding the prisoners. 

PART VI 

EXECUTION OF THE CONVENTION 

SECTION I 

GENERAL PROVISIONS 

Article 126 

Supervision.—Representatives or delegates of the Protecting Powers shall have permission to go to 
all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, 
and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the 
places  of  departure,  passage  and  arrival  of  prisoners  who  are  being  transferred.  They  shall  be  able  to 
interview  the  prisoners,  and  in  particular  the  prisoners‟  representatives,  without  witnesses,  either 
personally or through an interpreter. 

Representatives and delegates of the Protecting Powers shall have full liberty to select the places they 
wish  to  visit.  The  duration  and  frequency  of  these  visits  shall  not  be  restricted.  Visits  may  not  be 
prohibited  except  for  reasons  of  imperative  military  necessity,  and  then  only  as  an  exceptional  and 
temporary measure. 

The  Detaining  Power  and  the  Power  on  which  the  said  prisoners  of  war  depend  may  agree,  if 

necessary, that compatriots of these prisoners of war be permitted to participate in the visits. 

The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The 
appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of 
war to be visited. 

Article 127 

Dissemination of the Convention.—The High Contracting Parties undertake, in time of peace as in 
time  of  war,  to  disseminate  the text  of the  present  Convention  as  widely  as  possible  in  their respective 
countries, and, in particular, to include the study thereof in their programmes of military and, if possible, 
civil  instruction,  so  that  the  principles  thereof  may  become  known  to  all  their  armed  forces  and  to  the 
entire population. 

Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of 

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

Article 128 

Translations.  Rules  of  application.—The  High  Contracting  Parties  shall  communicate  to  one 
another  through  the  Swiss  Federal  Council  and,  during  hostilities,  through  the  Protecting  Powers,  the 
official translations of the present Convention, as well as the laws and regulations which they may adopt 
to ensure the application thereof. 

Article 129 

Penal  sanctions  I.  General  observations.—The  High  Contracting  Parties  undertake  to  enact  any 
legislation  necessary  to  provide  effective  penal  sanctions  for  persons  committing,  or  ordering  to  be 
committed, any of the grave breaches of the present Convention defined in the following Article. 

Each  High  Contracting  Party  shall  be  under  the  obligation  to  search  for  persons  alleged  to  have 
committed,  or  to  have  ordered  to  be  committed,  such  grave  breaches,  and  shall  bring  such  persons, 
regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the 
provisions  of  its  own  legislation,  hand  such  persons  over  for  trial  to  another  High  Contracting  Party 
concerned, provided such High Contracting Party has made out a prima facie case. 

69 

 
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to 

the provisions of the present Convention other than the grave beaches defined in the following Article. 

In  all  circumstances,  the  accused  persons  shall  benefit  by  safeguards  of  proper  trial  and  defence, 

which  shall  not  be  less  favorable  than  those  provided  by  Article  105  and  those  following  of  the                   
present Convention. 

Article 130 

II. Grave breaches.—Grave breaches to which the preceding Article relates shall be those involving 
any of the following acts, if committed against persons or property protected by the Convention: willful 
killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or 
serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, 
or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. 

Article 131 

III. Responsibilities  of  the  Contracting  Parties.—No  High  Contracting  Party  shall  be  allowed  to 
absolve itself or any other High Contracting Party of any liability incurred by itself or by another High 
Contracting Party in respect of breaches referred to in the preceding Article. 

Article 132 

Enquiry  procedure.—At  the  request  of  a  Party  to  the  conflict,  an  enquiry  shall  be  instituted,  in  a 
manner to be decided between the interested Parties, concerning any alleged violation of the Convention. 

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree 

on the choice of an umpire who will decide upon the procedure to be followed. 

Once  the  violation  has  been  established,  the  Parties  to  the  conflict  shall  put  an  end  to  it  and  shall 

repress it with the least possible delay. 

SECTION II 

FINAL PROVISIONS 

Article 133 

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

equally authentic. 

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

Russian and Spanish languages. 

Article 134 

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

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

Article 135 

Relation  to  the Hague  Convention.—In the relations between the Powers which are bound by the 
Hague Convention respecting the Law and Customs of War on Land, whether that of July 29, 1899, that 
of  October  18,  1907,  and  which  are  parties  to  the  present  Convention,  this  last  Convention  shall  be 
complementary  to  Chapter  II  of  the  Regulations  annexed  to  the  above  mentioned  Conventions                     
of the Hague. 

Article 136 

Signature.—The  present  Convention,  which  bears  the  date  of  this  day  is  open  to  signature  until 
February 12, 1950, in the name of the Power represented at the Conference which opened at Geneva on 
April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the 
Convention of July 27, 1929. 

70 

 
Article 137 

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

be deposited at Berne. 

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

Article 138 

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

two instruments of ratification have been deposited. 

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

instrument of ratification. 

Article 139 

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

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

Article 140 

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

shall take effect six months after the date on which they are received. 

The  Swiss  Federal  Council  shall  communicate  the  accessions  to  all  the  Powers  in  whose  name  the 

Convention has been signed or whose accession has been notified. 

Article 141 

Immediate  effect.—The  situations  provided  for  in  Articles  2  and  3  shall  give  immediate  effect  to 
ratifications deposited and accounts notified by the Parties to the conflict before or after the beginning of 
hostilities  or  occupation.  The  Swiss  Federal  Council  shall  communicate  by  the  quickest  method  any 
ratifications or accessions received from Parties to the conflict. 

Article 142 

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

present Convention. 

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

the Governments of all the High Contracting Parties. 

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

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

Article 143 

Registration  with  the  United  Nations.—The  Swiss  Federal  Council  shall  register  the  present 
Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the 
Secretariat  of  the  United  Nations  of  all  ratifications,  accessions  and  denunciations  received  by  it  with 
respect to the present Convention. 

In  witness  whereof  the  undersigned,  having  deposited  their  respective  full  powers,  have  signed  the 

present Convention. 

Done at Geneva this twelfth day of August 1949, in the English and French languages. The original 
shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit 
certified copies thereof to each of the signatory and acceding States. 

71 

 
THE FOURTH SCHEDULE 

(See section 2) 

GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS  

IN TIME OF WAR OF AUGUST 12, 1949 

The undersigned Plenipotentiaries of the Government represented at the Diplomatic Conference held 
at Geneva from April 21 to August12, 1949, for the purpose establishing a Convention for the Protection 
of Civilian persons in Time of War, have agreed as follows: 

PART I 

GENERAL PROVISIONS 

Article 1 

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

respect for the present Convention in all circumstances. 

Article 2 

Application of the Convention.—In addition to the provisions which shall be implemented in peace 
time, the present Convention shall apply to all cases of declared war or of any other armed conflict which 
may arise between two or more of the High Contracting Parties, even if the state of war is not recognized 
by one of them. 

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

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

Although one of the powers in conflict may not be a party to the present Convention, the Powers who 
are parties thereto shall remain bound by it in their mutual relations. They shall further more be bound by 
the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. 

Article 3 

Conflicts not of an international character.—In the case of armed conflict not of an international 
character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall 
be bound to apply, as a minimum, the following provisions: 

 (1)  Persons  taking  no  active  part  in  the  hostilities,  including  members  of  armed  forces  who  have              

laid-down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, 
shall  in  all  circumstances  be  treated  humanely  without  any  adverse  distinction  founded  on  race,  color, 
religion or faith, sex, birth or wealth, or any other similar criteria. 

To  this  end,  the  following  acts  are  and  shall  remain  prohibited  at  any  time  and  in  any  place 

whatsoever with respect to the above-mentioned persons:— 

(a)  violence  to  life  and  person,  in  particular  murder  of  all  kinds,  mutilation,  cruel  treatment             

and torture; 

(b) taking of hostages; 

(c) outrages upon personal dignity, in particular, humiliating and degrading treatment; 

(d)  the  passing  of  sentences  and  the  carrying  out  of  executions  without  previous  judgement 
pronounced by a regularly constituted court affording all the judicial guarantees which are recognized 
as indispensable by civilized peoples. 

(2) The wounded and sick shall be collected and cared for. 

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its 

services to the Parties to the conflict. 

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

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

72 

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

to the conflict. 

Article 4 

Definition  of  protected  persons.—Persons  protected  by  the  Convention  are those  who,  at  a  given 
moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands 
of a Party to the conflict or Occupying Power of which they are not nationals. 

Nationals  of  a  State  which  is  not  bound  by  the  Convention  are  not  protected  by  it.  Nationals  of  a 
neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belli-gerent 
State, shall not be regarded as protected persons while the State of which they are nationals has normal 
diplomatic representation in the State in whose hands they are.  

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

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

Article 5 

Derogations.—Where,  in  the  territory  of  a  Party  to  the  conflict,  the  latter  is  satisfied  that  an 
individual protected person is definitely suspected of or engaged in activities hostile to the security of the 
State,  such  individual  person  shall  not  be  entitled  to claim  such  rights  and privileges  under the  present 
Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of 
such State.  

Where in occupied territory an individual protected person  is detained as a spy or saboteur, or as a 
person  under definite  suspicion of activity  hostile to the  security  of  the  Occupying  Power,  such  person 
shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of 
communication under the present Convention.  

In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not 
be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be 
granted the  full rights  and privileges  of  a  protected  person  under the  present  Convention at the  earliest 
date consistent with the security of the State or Occupying rower, as the case may be.  

Article 6 

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

conflict or occupation mentioned, In Article 2.  

In the territory of Parties to the conflict, the application of the present Convention shall cease on the 

general close of military operations.  

In the case of occupied territory, the application of the present Convention shall cease one year after 
the general close of military operations; however, the Occupying Power shall be bound, for the duration 
of the occupation, to the extent that such Power exercises the functions of government in such territory, 
by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 
53, 59, 61 to 77, 143.  

Protected persons whose release, repatriation or re-establishment may take place after such dates shall 

meanwhile continue to benefit by the present Convention.  

Article 7 

Special agreements.—In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 
36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for 
all matters concerning which they may deem it suitable to make separate provision. No special agreement 

73 

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

Protected persons shall continue to have the benefit of such agreements as long as the Convention is 
applicable to them, except where express  provisions to the contrary are contained in the aforesaid or in 
subsequent agreements, or where more favourable measures have been taken with regard to them by one 
or other of the Parties to the conflict.  

Article 8 

Non-renunciation  of  rights.—Protected  persons  may  in  no  circumstances  renounce  in  part  or  in 
entirety the rights secured to them by the present Convention, and by the special agreements referred to in 
the foregoing Article, if such there be.  

Article 9 

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

The representatives or delegates of the Protecting Powers shall not in any case exceed their mission 
under  the  present  Convention.  They  shall,  in  particular,  take  account  of  the  imperative  necessities  of 
security of the State wherein they carry out their duties.  

Article 10 

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

Article 11 

Substitutes for Protecting Power.—The High Contracting Parties may at any time agree to entrust 
to  an  organization  which  offers  all  guarantees  of  impartiality  and  efficacy  the  duties  incumbent  on  the 
Protecting Powers by virtue of the present Convention.  

When persons protected by the present Convention do not benefit or cease to benefit, no matter for 
what  reason,  by  the  activities  of  a  Protecting  Power  or  of  an  organization  provided  for  in  the  first 
paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake 
the functions performed under the present Convention by a Protecting Power designated by the Parties to 
a conflict.  

If  protection  cannot  be  arranged  accordingly,  the  Detaining  Power  shall  request  or  shall  accept, 
subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as 
the  International  Committee  of  the  Red  Cross,  to  assume  the  humanitarian  functions  performed  by 
Protecting Powers under the present Convention.  

Any  neutral  Power  or  any  organization  invited  by  the  Power  concerned  or  offering  itself  for  these 
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which 
persons protected by the present Convention depend, and shall be required to furnish sufficient assurances 
that it is in a position to undertake the appropriate functions and to discharge them impartially.  

No derogation from the preceding provisions shall be made by special agreements between Powers 
one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies 
by reason of military events, more particularly where the whole, or a substantial part, of the territory of 
the said Power is occupied.  

74 

 
Whenever in the present Convention mention is made of a Protecting Power, such mention applies to 

substitute organizations in the sense of the present Article.  

The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who 
are in occupied territory or who find themselves in the territory of a belligerent State in which the State of 
which they are nationals has not normal diplomatic representation.  

Article 12 

Conciliation Procedure.—In cases where they deem it advisable in the interest of protected persons, 
particularly  in  cases  of  disagreement  between  the  Parties  to  the  conflict  as  to  the  application  or 
interpretation  of  the  provisions  of  the  present  Convention,  the  Protecting  Powers  shall  lend  their  good 
offices with a view to settling the disagreement. 

For this purpose, each of the Protecting Powers may, either at the invitation of one, Party or on its 
own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of 
the authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Parties 
to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting 
Powers  may,  if  necessary,  propose  for  approval  by  the  Parties  to  the  conflict,  a  person  belonging  to  a 
neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take 
part in such a meeting.  

GENERAL, PROTECTION OF POPULATIONS AGAINST CERTAIN  

PART II 

CONSEQUENCES OF WAR 

Article 13 

Field of application of Part II.—The provisions of Part II cover the whole of the populations of the 
countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or 
political opinion, and are intended to alleviate the sufferings caused by war.  

Article 14 

Hospital and safety zones and localities.—In time of peace, the High Contracting Parties and, after 
the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, 
in  occupied  areas,  hospital  and  safety  zones  and localities so  organized as to protect from  the  effect  of 
war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children 
under seven.  

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

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

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

Article 15 

Neutralized zones.—Any Party to the conflict may, either direct or through a neutral State or some 
humanitarian  organization,  propose  to  the  adverse  Party  to  establish,  in  the  regions  where  fighting  is 
taking  place,  neutralized  zones  intended  to  shelter  from  the  effects  of  war  the  following  persons,                
without distinction:—  

(a) wounded and sick combatants or non-combatants;  

(b)  civilian  persons  who  take  no  part  in  hostilities,  and  who,  while  they  reside  in  the  zones, 

perform no work of a military character.  

75 

 
When the Parties concerned have agreed upon the geographical position, administration, food supply 
and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by 
the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of 
the neutralization of the zone.  

Article 16 

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

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

As  far  as  military  considerations  allow,  each  Party  to  the  conflict  shall  facilitate  the  steps  taken  to 
search for the killed. and wounded, to assist the shipwrecked and other persons exposed to grave danger, 
and to protect them against pillage and ill-treatment.  

Article 17 

II.  Evacuation.—The  Parties  to  the  conflict  shall  endeavour  to  conclude  local  agreements  for  the 
removal  from  besieged  or  encircled  areas,  of  wounded,  sick,  infirm,  and  aged  persons,  children  and 
maternity  cases,  and  for  the  passage  of  ministers  of  all  religions,  medical  personnel  and  medical 
equipment on their way to such areas.  

Article 18 

III. Protection of Hospitals.—Civilian hospitals organized to give care to the wounded and sick, the 
infirm  and  maternity  cases,  may  in  no  circumstances  be  the  object  of  attack  but  shall  at  all  times  be 
respected and protected by the Parties to the conflict.  

States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that 
they are civilian hospitals and that the buildings which they occupy are not used for any purpose which 
would deprive these hospitals of protection in accordance with Article 19. 

Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva 
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 
of August 12, 1949, but only if so authorized by the State.  

The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to 
make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval 
forces in order to obviate the possibility of any hostile action. 

In view of the dangers to which hospitals may be exposed by being close to military objectives, it is 

recommended that such hospitals be situated as far as possible from such objectives. 

Article 19 

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

Article 20 

V.  Hospital  staff.—Persons  regularly  and  solely  engaged  in  the  operation  and  administration  of 
civilian  hospitals,  including  the  personnel  engaged  in  the  search  for,  removal  and  transporting  of  and 
caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected.  

In occupied territory and in zones of military operations, the above personnel shall be recognisable by 
means of an identity card certifying their status, bearing the photograph of the holder and embossed with 
the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they 
shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall 

76 

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

Other  personnel  who  are  engaged  in  the  operation  and  administration  of  civilian  hospitals  shall  be 
entitled  to  respect  and  protection  and  to  wear  the  armlet,  as  provided  in  and  under  the  conditions 
prescribed in this Article, while they are employed on such duties. The identity card shall state the duties 
on which they are employed.  

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

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

Article 21 

VI. Land and sea transport.—Convoys of vehicles or hospital trains on land or specially provided 
vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected 
and protected in the same manner as the hospitals provided for in Article 18, and  shall be marked, with 
the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva 
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 
of August 12, 1949.  

Article 22 

VII. Air transport.—Aircraft exclusively employed for the removal of wounded and sick civilians, 
the  infirm  and  maternity  cases,  or  for  the  transport  of  medical  personnel  and  equipment,  shall  not  be 
attacked,  but  shall  be  respected  while  flying  at  heights,  times  and  on  routes  specifically  agreed  upon 
between all the Parties to the conflict concerned.  

They  may  be  marked  with  the  distinctive  emblem  provided  for  in  Article  38  of  the  Geneva 
Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field 
of August 12, 1949.  

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

Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft 

with its occupants may continue its flight after examination, if any.  

Article 23 

Consignment of medical supplies, food and clothing.—Each High Contracting Party shall allow the 
free  passage  of  all  consignments  of  medical  and  hospital  stores  and  objects  necessary  for  religious 
worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It 
shall  likewise  part  the  free  passage  of  all  consignments  of  essential  foodstuffs,  clothing  and  tonics 
intended for children under fifteen, expectant mothers and maternity cases.  

The obligation of a High Contracting Party to allow the free passage of the consignments indicated in 
the  preceding  paragraph  is  subject  to  the  condition  that  this  Party  is  satisfied  that  there  are  no  serious 
reasons for fearing:  

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

(b) that the control may not be effective, or  

(c) that a definite advantage may accrue to the military efforts or economy of the enemy through 
the substitution of the above-mentioned consignments for goods which would otherwise be provided 
or  produced  by  the  enemy  or  through  the  release  of  such  material,  services  or  facilities  as  would 
otherwise be required for the production of such goods.  

The  Power  which  allows  the  passage  of  the  consignments  indicated  in  the  first  paragraph  of  this 
Article may make such permission conditional on the distribution to the persons benefited thereby being 
made under the local supervision of the Protecting Powers.  

Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free 
passage shall have the right to prescribe the technical arrangements under which such passage is allowed.  

77 

 
Article 24 

Measures relating to child welfare.—The Parties to the conflict shall take the necessary measures to 
ensure that children under fifteen, who are orphaned or are separated from their families as a result of the 
war, are not left to their own resources, and that their maintenance, the exercise of their religion and their 
education  are  facilitated  in  all  circumstances.  Their  education  shall,  as  far  as  possible,  be  entrusted  to 
persons of a similar cultural tradition.  

The Parties to the conflict shall facilitate the reception of such children in a neutral country for the 
duration of the conflict with the consent of the Protecting Power, if any, and under due safeguard for the 
observance of the principles stated in the first paragraph.  

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

wearing of identity discs or by some other means.  

Article 25 

Family news.—All persons in the territory of a Party to the conflict, or in a territory occupied by it, 
shall  be  enabled  to  give  news  of a  strictly  personal nature to  members  of  their  families,  wherever they 
may  be,  and  to  receive  news  from  them.  This  correspondence  shall  be forwarded  speedily  and  without 
undue delay.  

If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence 
by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the 
Central Agency provided for in Article 140, and shall decide in Consultation with it how to ensure the 
fulfilment of their obligations under the best possible conditions, in particular with the co-operation of the 
National Red Cross (Red Crescent, Red Lion and Sun) Societies.  

If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall 
be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to 
the limitation of the number of these forms despatched to one each month.  

Article 26 

Dispersed  families.—Each  Party  to  the  conflict  shall  facilitate  enquiries  made  by  members  of 
families  dispersed  owing  to  the  war,  with  the  object  of  renewing  contact  with  one  another  and,  of 
meeting,  if  possible.  It  shall  encourage,  in  particular,  the  work  of  organisations  engaged  on  this  task 
provided they are acceptable to it and conform to its security regulations.  

PART III 

STATUS AND TREATMENT OF PROTECTED PERSONS  

SECTION I  

PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND                                         

TO OCCUPIED TERRITORIES 

Article 27 

Treatment I. General observations.—Protected persons are entitled, in all circumstances, to respect 
for  their  persons,  their  honour,  their  family  rights,  their  religious  convictions  and  practices,  and  their 
manners  and  customs.  They  shall  at  all  times  be  humanely  treated,  and  shall  be  protected  especially 
against all acts of violence or threats thereof and against insults and public curiosity.  

Women  shall  be  especially  protected  against  any  attack  on  their  honour,  in  particular  against  rape, 

enforced prostitution, or any form of indecent assault.  

Without prejudice to the provisions relating to their state of health, age and sex, all protected persons 
shall be treated with the same consideration by the Party to the conflict in whose power they are, without 
any adverse distinction based, in particular, on race, religion or political opinion.  

However,  the  Parties  to  the  conflict  may  take  such  measures  of  control  and  security  in  regard  to 

protected persons as may be necessary as a result of the war.  

78 

 
Article 28 

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

areas immune from military operations.  

Article 29 

III.  Responsibilities.—The  Party  to  the  conflict  in  whose  hands  protected  persons  may  be,  is 
responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility 
which may be incurred.  

Article 30 

Application  to  Protecting  Powers  and  relief  organisations.—Protected  persons  shall  have  every 
facility for making application to the Protecting Powers, the International Committee of the Red Cross, 
the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as 
well as to any organisations that might assist them.  

These several organisations shall be granted all facilities for that purpose by the authorities, within the 

bounds set by military or security considerations.  

Apart from the visits of the delegates of the Protecting Powers and of the International Committee of 
the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as 
possible visits to protected persons by the representatives of other organisations whose object is to give 
spiritual aid or material relief to such persons.  

Article 31 

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

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

Article 32 

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

Article 33 

Individual  responsibility,  collective  penalties,  pillage,  reprisals.—No  protected  person  may  be 
punished  for  an  offence  he  or  she  has  not  personally  committed.  Collective  penalties  and  likewise  all 
measures of intimidation or of terrorism are prohibited.  

Pillage is prohibited.  

Reprisals against protected persons and their property are prohibited.  

Hostages.—The taking of hostages is prohibited.   

Article 34 

SECTION II  

ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT 

Article 35 

Right  to  leave  the  territory.—All  protected  persons  who  may  desire  to  leave  the  territory  at  the 
outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national 
interest  of  the  State.  The  applications  of  such  persons  to  leave  shall  be  decided  in  accordance  with 
regularly  established  procedures  and  the  decision  shall  be  taken  as  rapidly  as  possible.  Those  persons 
permitted to leave may provide themselves with the necessary funds for their journey and take with them 
a reasonable amount of their effects and articles of personal use.  

79 

 
If any such person is refused permission to leave the territory, he shall be entitled to have such refusal 
reconsidered  as  soon  as  possible  by  an  appropriate  court  or  administrative  board  designated  by  the 
Detaining Power for that purpose.  

Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or 
the persons concerned object, be furnished with the reasons for refusal of any request for permission to 
leave  the  territory  and  be  given,  as  expeditiously  as  possible,  the  names  of  all  persons  who  have  been 
denied permission to leave.  

Article 36 

Method  of  repatriation.—Departures permitted under the foregoing Article shall be carried out in 
satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, 
from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, 
or,  in  the  case  of  accommodation  in  neutral  country,  by  the  Power  whose  nationals  are  benefited.  The 
practical  details  of  such  movements  may,  if  necessary,  be  settled  by  special  agreements  between  the 
Powers concerned.  

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

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

Article 37 

Persons  in  confinement.—Protected persons who are confined pending proceedings or subject to a 

sentence involving loss of liberty, shall during their confinement be humanely treated.  

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

foregoing Articles.  

Article 38 

Non-repatriated  persons.  I.  General  observations.—With  the  exception  of  special  measures 
authorised  by  the  present  Convention,  in  particular  by  Articles  27  and  41  thereof,  the  situation  of 
protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time 
of peace. In any case, the following rights shall be granted to them:—  

(1) They shall be enabled to receive the individual or collective relief that may be sent to them.  

(2) They shall, if their state of health so requires, receive medical attention and hospital treatment to 

the same extent as the nationals of the State concerned.  

(3) They shall be allowed to practise their religion and to receive spiritual assistance from ministers of 

their faith.  

(4)  If  they  reside  in an  area  particularly  exposed to  the  dangers  of  war, they  shall  be  authorised  to 

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

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

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

Article 39 

II.  Means  of  existence.—Protected  persons  who,  as  a  result  of  the  war,  have  lost  their  gainful 
employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to 
security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the 
Power in whose territory they are.  

Where  a  Party  to  the  conflict  applies  to  a  protected  person  methods  of  control  which  result  in  his 
being unable to support himself, and especially if such a person is prevented for reasons of security from 
finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his 
dependents.  

Protected persons may in any case receive allowances from their home country, the Protecting Power, 

or the relief societies referred to in Article 30.  

80 

 
Article 40 

III. Employment.—Protected persons may be compelled to work only to the same extent as nationals 

of the Party to the conflict in whose territory they are.  

If  protected  persons  are  of  enemy  nationality,  they  may  only  be  compelled  to  do  work  which  is 
normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and 
which is not directly related to the conduct of military operations.  

In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall 
have  the  benefit  of  the  same  working  conditions  land  of  the  same  safeguards  as  national  workers,  in 
particular as regards wages, hours of labour, clothing and equipment, previous training and compensation 
for occupational accidents and diseases.  

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

complaint in accordance with Article 30.  

Article 41 

IV. Assigned residence Internment.—Should the Power in whose hands protected persons may be 
consider the measures of control mentioned in the present Convention to be inadequate, it may not have 
recourse to many other measure of control more severe than that of assigned residence or internment, in 
accordance with the provisions of Articles 42 and 43.  

In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave 
their usual places of residence by virtue of a decision placing them  in assigned residence elsewhere, the 
Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, 
Section IV of this Convention. 

Article 42 

V.  Grounds  for  internment  or  assigned  residence.—The  internment  or  placing  in  assigned 
residence  of  protected  persons  may  be  ordered  only  if  the  security  of  the  Detaining  Power  makes  it 
absolutely necessary.  

Voluntary internment.—If any person, acting through the, representatives of the Protecting Power, 
voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by 
the Power in whose hands he may be.  

Article 43 

VI. Procedure.—Any protected person who has been Interned or placed in assigned residence shall 
be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative 
board  designated  by  the  Detaining  Power  for  that  purpose.  If  the  internment  or  placing  in  assigned 
residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give 
consideration  to  his  or  her  cage,  with  a  view  to  the  favourable  amendment  of  the  initial  decision,  if 
circumstances permit.  

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

VII.  Refugees.—In  applying  the  measures  of  control  mentioned  in  the  present  Convention,  the 
Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an 
enemy State refugees who do not, in fact, enjoy the protection of any government.  

Article 44 

Article 45 

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

not a party to the Convention.  

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

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

81 

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

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

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

The  provisions  of  this  Article  do  not  constitute  an  obstacle  to  the  extradition,  in  pursuance  of 
extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences 
against ordinary criminal law.  

Article 46 

Cancellation  of  restrictive  measures.—In  so  far  as  they  have  not  been  previously  withdrawn, 

restrictive  measures  taken  regarding  protected  persons  shall  be  cancelled  as  soon  as  possible  after  the                       
close of hostilities.  

Restrictive  measures  affecting  their  property  shall  be  cancelled,  in  accordance  with  the  law  of  the 

Detaining Power, as soon as possible after the close of hostilities.  

SECTION III 

OCCUPIED TERRITORIES 

Article 47 

Inviolability of rights.—Protected persons who are in occupied territory shall not be deprived, in any 
case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as 
the result of the occupation of a territory, into the institutions or government of the said territory, nor by 
any  agreement  concluded between  the  authorities of the  occupied  territories  and  the  Occupying  Power, 
nor by any annexation by the latter of the whole or part of the occupied territory.  

Article 48 

Special cases of repatriation.—Protected persons who are not nationals of the Power whose territory 
is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, 
and  decisions  thereon  shall  be  taken  according  to  the  procedure  which  the  Occupying  Power  shall 
establish in accordance with the said Article.  

Article 49 

Deportations, transfers, evacuations.—Individual or mass forcible transfers, as well as deportations 
of  protected  persons  from  occupied  territory  to  the  territory  of  the  Occupying  Power  or  to  that  of  any 
other country, occupied or not, are prohibited, regardless of their motive.  

Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the 
security of the population or imperative military reasons so demand. Such evacuations may not involve 
the  displacement  of  protected  persons  outside  the  bounds  of  the  occupied  territory  except  when  for 
material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred 
back to their homes as soon as hostilities in the area in question have ceased.  

The  Occupying  Power  undertaking  such  transfers  or  evacuations  shall  ensure,  to  the  greatest 
practicable  extent,  that  proper  accommodation  is  provided  to  receive  the  protected  persons,  that  the 
removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members 
of the same family are not separated.  

The  Protecting  Power  shall  be  informed  of  any  transfers  and  evacuations  as  soon  as  they  have             

taken place. 

82 

 
Article 50 

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

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

The Occupying Power shall take all necessary steps to facilitate the identification of children and the 
registration  of  their  parentage.  It  may  not,  in  any  case,  change  their  personal  status,  nor  enlist  them  in 
formations or organizations subordinate to it.  

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

A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking 
all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near 
relatives should always be recorded if available.  

The Occupying Power shall not hinder the application of any preferential measures in regard to food, 
medical  care  and  protection  against  the  effects  of  war  which  may  have  been  adopted  prior  to  the 
occupation  in favour  of children  under fifteen  years, expectant  mothers, and  mothers  of  children  under 
seven years.  

Article 51 

Enlistment Labour.—The Occupying Power may not compel protected persons to serve in its armed 
or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.  

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

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

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

or semi-military character.  

Article 52 

Protection of workers.—No contract, agreement or regulation shall impair the right of any worker, 
whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power 
in order to request the said Power's intervention.  

All measures aiming at creating unemployment or at restricting the opportunities offered to workers 

in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.  

Article 53 

Prohibited  destruction.—Any  destruction  by  the  Occupying  Power  of  real  or  personal  property 
belonging individually or collectively to private persons, or to the State, or to other public authorities, or 
to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely 
necessary by military operations.  

83 

 
Article 54 

Judges  and  public  officials.—The Occupying Power may not alter the status of public officials or 
judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or 
discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.  

This prohibition does not prejudice the application of the second paragraph of Article 51. It does not 

affect the right of the Occupying Power to remove public officials from their posts.  

Article 55 

Food and medical supplies for the population.—To the fullest extent of the means available to it, 
the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, 
in  particular,  bring  in  the  necessary  foodstuffs,  medical  stores  and  other  articles  if  the  resources  of  the 
occupied territory are inadequate.  

The  Occupying  Power  may  not  requisition  foodstuffs,  articles  or  medical  supplies  available  in  the 
occupied territory, except for use by the occupation forces and administration personnel, and then only if 
the  requirements  of  the  civilian  population  have  been  taken  into  account.  Subject  to  the  provisions  of 
other international, Conventions, the Occupying Power shall make arrangements to ensure that fair value 
is paid for any requisitioned goods.  

The  Protecting  Power  shall,  at  any  time,  be  at  liberty  to  verify  the  state  of  the  food  and  medical 
supplies  in  occupied  territories,  except  where  temporary  restrictions  are  made  necessary  by  imperative 
military requirements.  

Article 56 

Hygiene and public health.—To the fullest extent of the means available to it, the Occupying Power 
has  the  duty  of  ensuring  and  maintaining,  with  the  co-operation  of  national  and  local  authorities,  the 
medical and hospital establishments and services, public health and hygiene in the occupied territory, with 
particular reference to the adoption and application of the prophylactic and preventive measures necessary 
to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be 
allowed to carry out their duties.  

If new hospitals are set up in occupied territory and if the competent organs of the occupied State are 
not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for 
in Article 18. In similar circumstances, the occupying authorities shall also grant recognition, to hospital 
personnel' and transport vehicles under the provisions of Articles 20 and 21.  

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

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

Article 57 

Requisition of hospitals.—The Occupying Power may requisition civilian hospitals only temporarily 
and only in cases of urgent necessity for the care of military wounded and sick, and then an condition that 
suitable, arrangements are made in due time for the care and treatment of, the patients and for the needs of 
the civilian population for hospital accommodation.  

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

the needs of the civilian population.  

Article 58 

Spiritual  assistance.—The  Occupying  Power  shall  permit  ministers  of  religion  to  give.  spiritual 
assistance  for  the  members  of  their  religious  communities.'  The  Occupying  Power  shall  also  accept 
consignments  of  books  and  articles  required  for  religious  needs  and  shall  facilitate  their  distribution  in 
occupied territory, 

The  Occupying  Power  shall  not  detain  protected  persons  in  an  area  particularly  exposed  to  the 

dangers of war unless the security of the population or imperative military reasons so demand. 

84 

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

it occupies. 

Article 59 

Relief  I.  Collective  relief.—If  the  whole  or  part  of  the  population  of  an  occupied  territory  is 
inadequately  supplied,  the  Occupying  Power  shall  agree  to  relief  schemes  on  behalf  of  the  said 
population, and shall facilitate them by all the means at its disposal.  

Such schemes, which may be undertaken either by States or by impartial humanitarian organizations 
such  as  the  International  Committee  of  the  Red  Cross,  shall  consist,  in  particular,  of  the  provision  of 
consignments of foodstuffs, medical supplies and clothing.  

All  Contracting  Parties  shall  permit  the  free  passage  of  these  consignments  and  shall  guarantee                

their protection.  

A Power granting free passage to consignments on their way to territory occupied by an adverse Party 
to  the  conflict  shall,  however,  have  the  right  to  search  the  consignments,  to  regulate  their  passage 
according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that 
these  consignments  are  to be  used for  the relief  of the  needy  population and are  not  to  be  used for  the 
benefit of the Occupying Power.  

Article 60 

II.  Responsibilities  of  the  Occupying  Power.—Relief  consignments  shall  in  no  way  relieve  the 
Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Powers shall 
in no way whatsoever divert relief consignments from the purpose for which they are intended, except in 
cases of urgent necessity, in the interests of the population of the occupied territory and with the consent 
of the Protecting Power.  

Article 61 

III. Distributions.—The distribution of the relief consignments referred to in the foregoing Articles 
shall be carried out with the co-operation and under the supervision of the Protecting Power. This duty 
may  also  be  delegated,  by  agreement  between  the  Occupying  Power  and  the  Protecting  Power,  to  a 
neutral  Power,  to  the  International  Committee  of  the  Red  Cross  or  to  any  other  impartial                  
humanitarian body.  

Such  consignments  shall  be  exempt  in  occupied  territory  from  all  charges,  taxes  or  customs  duties 
unless  these  are  necessary  in  the  interests  of  the  economy  of  the  territory.  The  Occupying  Power  shall 
facilitate the rapid distribution of these consignments.  

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

relief consignments on their way to occupied territories.  

Article 62 

IV.  Individual  relief.—Subject  to  imperative  reasons  of  security,  protected  persons  in  occupied 

territories shall be permitted to receive the individual relief consignments sent to them.  

Article 63 

National  Red  Cross  and  other  relief  societies.—Subject  to  temporary,  and  exceptional  measures 

imposed for urgent reasons of security by the Occupying Power:  

(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to 
pursue their activities in accordance with  Red Cross principles, as defined by the International Red 
Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities 
under similar conditions;  

(b)  the  Occupying  Power  may  not  require  any  changes  in  the  personnel  or  structure  of  these 

societies, which would prejudice the aforesaid activities.  

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

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

Article 64 

Penal legislation. I. General observations.—The penal laws of the occupied territory shall remain in 
force, with the exception that they may be repealed or suspended by the Occupying Power in cases where 
they constitute a threat to its security or an obstacle to the application of the present Convention. Subject 
to  the  latter  consideration  and  to  the  necessity  for  ensuring  the  effective  administration  of  justice,  the 
tribunals  of  the  occupied  territory  shall  continue  to  function  in  respect  of  all  offences  covered  by  the           
said laws.  

The Occupying Power may, however, subject the population of the occupied territory to provisions 
which are essential to enable the Occupying Power to fulfill its obligations under the present Convention, 
to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of 
the members and property of the occupying forces or administration, and likewise of the establishments 
and lines of communications used by them.  

II.  Publication.—The  penal  provisions  enacted  by  the  Occupying  Power  shall not  come  into  force 
before they have been published and brought to the knowledge of the inhabitants in their own language. 
The effect of these penal provisions shall not be retroactive.  

Article 65 

Article 66 

III. Competent Courts.—In case of a breach of the penal provisions promulgated by it by virtue of 
the  second  paragraph  of  Article  64,  the  Occupying  Power  may  hand  over  the  accused  to  its  properly 
constituted,  non-political  military  courts,  on  condition  that  the  said  courts  sit  in  the  occupied  country. 
Courts of appeal shall preferably sit in the occupied country.  

Article 67 

IV.  Applicable  provisions.—The  courts  shall  apply  only  those  provisions  of  law  which  were 
applicable prior to the offence, and which are In accordance with general principles of law, in particular 
the principle that the penalty shall be proportional to the offence. They shall take into consideration the 
fact that the accused is not a national of the Occupying Power.  

Article 68 

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

The  penal  provisions  promulgated  by  the  Occupying  Power  in  accordance  with  Articles  64  and  65 
may impose the death penalty on a protected person only in cases where the person is guilty of espionage, 
of  serious  acts  of  sabotage  against  the  military  installations  of  the  Occupying  Power  or  of  intentional 
offences  which  have  caused  the  death  of  one  or  more  persons,  provided  that  such  offences  were 
punishable by death under the law of the occupied territory in force before the occupation began.  

The death penalty may not be pronounced against a protected person unless the attention of the court 
has been particularly called to the fact that since the accused is not a national of the Occupying Power, he 
is not bound to it by any duty of allegiance.  

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

eighteen years of age at the time of the offence.  

VI. Deduction from sentence of period spent under arrest.—In all cases, the duration of the period 
during which a protected person accused of an offence is under arrest awaiting trial or punishment shall 
be deducted from any period of imprisonment awarded.  

Article 69 

Article 70 

VII.  Offences  committed  before  occupation.—Protected persons shall not be arrested, prosecuted 
or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, 
or  during  a  temporary  interruption  thereof,  with  the  exception.  of  breaches  of  the  laws  and                 
customs of war.  

Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in the 
territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied 
territory, except for offences committed after the outbreak of hostilities, or for offences under common 
law committed before the outbreak of hostilities which, according to the law of the occupied State, would 
have justified extradition in time of peace.  

Article 71 

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

courts of the Occupying Power except after a regular trial.  

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

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

(a) description of the accused; 

(b) place of residence or detention;  

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

it is brought);  

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

(e) place and date of the first hearing.  

Article 72 

II.  Right  of  defence.—Accused persons  shall  have  the  right  to  present  evidence  necessary  to their 
defence  and  may,  in  particular,  call  witnesses.  They  shall  have  the  right  to  be  assisted  by  a  qualified 
advocate  or  counsel  of  their  own  choice,  who  shall  be  able  to  visit  them  freely  and  shall  enjoy  the 
necessary facilities for preparing the defence. 

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

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Accused  persons  shall,  unless  they  freely  waive  such  assistance,  be  aided  by  an  interpreter,  both 
during preliminary investigation and during the hearing in court. They shall have the right at any time to 
object to the interpreter and to ask for his replacement.  

Article 73 

III.  Right  of  appeal.—A convicted  person  shall  have  the  right  of  appeal  provided  for  by  the  laws 
applied  by  the  court.  He shall  be fully  informed  of  his  right  to appeal  or  petition  and  of  the  time  limit 
within which he may do so.  

The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. 
Where the laws applied by the Court make no provision for appeals, the convicted person shall have the 
right to petition against the finding and sentence to the competent authority of the Occupying Power.  

Article 74 

IV.  Assistance  by  the  protecting  Power.—Representatives of the Protecting Power shall have the 
right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be 
held  in  camera  in  the  interests  of  the  security  of  the  Occupying  Power,  which  shall  then  notify  the 
Protecting  Power.  A  notification  in  respect  of  the  date  and  place  of  trial  shall  be  sent  to  the                   
Protecting Power.  

Any  judgment  involving  a  sentence  of  death,  or  imprisonment  for  two  years  or  more,  shall  be 
communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification 
shall  contain  a  reference  to  the  notification  made  under  Article  71  and,  in  the  case  of  sentences  of 
imprisonment, the name of the place where the sentence is to be served. A record of judgments other than 
those referred to above shall be kept by the court and shall be open to inspection by representatives of the 
Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or 
imprisonment of two years or more, shall not run until notification of judgment has been received by the 
Protecting Power.  

Article 75 

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

for pardon or reprieve.  

No death sentence shall be carried out before the expiration of a period of at least six months from the 
date  of  receipt  by the  Protecting  Power  of  the notification  of the  final judgment  confirming  such  death 
sentence, or of an order denying pardon or reprieve.   

The  six  months  period  of  suspension  of  the  death  sentence  here  in  prescribed  may  be  reduced  in 
individual cases in circumstances of grave emergency involving an organized threat to the security of the 
Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction 
and  is  given  reasonable  time  and  opportunity  to  make  representations  to  the  competent  occupying 
authorities in respect of such death sentences. 

Article 76 

Treatment  of  detainees.—Protected persons accused of offences shall be detained in the occupied 
country,  and  if  convicted  they  shall  serve  their  sentences  therein.  They  shall,  if  possible,  be  separated 
from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them 
in good health, and which will be at least equal to those obtaining in prisons in the occupied country.  

They shall receive the medical attention required by their state of health.  

They shall also have the right to receive any spiritual assistance which they may require.  

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

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

Protected persons who are detained shall have the right to be visited by delegates of the Protecting 

Power  and  of  the  International  Committee  of  the  Red  Cross,  in  accordance  with  the  provisions  of            
Article 143.  

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

Article 77 

Handing over of detainees at the close of occupation.—Protected persons who have been accused 
of  offences  or  convicted  by  the  courts  in  occupied  territory,  shall  be  handed  over  at  the  close  of 
occupation, with the relevant records, to the authorities of the liberated territory.  

Article 78 

Security  measures.  Internment  and  assigned  residence.  If  the  Occupying  Power  considers  it 
necessary,  for  imperative  reasons  of  security,  to  take  safety  measures  concerning  protected  persons,  it 
may, at the most, subject them to assigned residence or to internment.   

Right  of  appeal.—Decisions  regarding  such  assigned  residence  or  internment  shall  be  made 
according  to  a  regular  procedure  to  be  prescribed  by  the  Occupying  Power  in  accordance  with  the 
provisions  of  the  present  Convention.  This  procedure  shall  include  the  right  of  appeal  for  the  parties 
concerned.  Appeals  shall  be  decided  with  the  least  possible  delay.  In  the  event  of  the  decision  being 
upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up 
by the said Power.  

Protected  persons  made  subject  to  assigned  residence  and  thus  required  to  leave  their  homes  shall 

enjoy the full benefit of Article 39 of the present Convention.  

SECTION IV 

REGULATIONS FOR THE TREATMENT OF INTERNEES CHAPTER 

CHAPTER I 

GENERAL PROVISIONS 

Article 79 

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

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

Article 80 

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

as may be compatible with their status.  

Article 81 

Maintenance.—Parties to the conflict who intern protected persons shall be bound to provide free of 
charge for their maintenance, and to grant them also the medical attention required by their state of health.  

No  deduction  from  the  allowances,  salaries  or  credits  due  to  the  internees  shall  be  made  for  the 

repayment of these costs.  

The  Detaining  Power  shall  provide  for  the  support  of  those  dependent  on  the  internees,  if  such 

dependents are without adequate means of support or are unable to earn a living.  

Article 82 

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

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

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

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

CHAPTER II  

PLACES OF INTERNMENT 

Article 83 

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

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

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

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

Whenever  military  considerations  permit,  internment  camps  shall  be  indicated  by  the  letters  IC, 
placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree 
upon any other system of marking. No place other than an internment camp shall be marked as such.  

Article 84 

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

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

Article 85 

Accommodation,  hygiene.—The  Detaining  Power  is  bound  to  take  all  necessary  and  possible 
measures to ensure that protected persons shall, from the outset of their internment, be accommodated in 
buildings, or quarters which afford every possible safeguard as regards hygiene and health, and provide 
efficient  protection  against  the  rigours  of  the  climate  and  the  effects  of  the  war.  In  no  case  shall 
permanent  places  of  internment  be  situated  in  unhealthy  areas  or  in  districts  the  climate  of  which  is 
injurious  to  the  internees.  In  all  cases  where  the  district,  in  which  a  protected  person  is  temporarily 
interned, is an unhealthy area or has a climate which is harmful to his health,  he shall be removed to a 
more suitable place of internment as rapidly as circumstances permit.  

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

Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of 
hygiene,  and  are  constantly  maintained  in  a  state  of cleanliness. They  shall  be provided  with sufficient 
water  and  soap  for  their  daily  personal  toilet  and  for  washing  their  personal  laundry;  installations  and 
facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The 
necessary time shall be set aside for washing and for cleaning.  

Whenever  it  Is  necessary,  as  an  exceptional  and  temporary  measure,  to  accommodate  women 
internees who are not members of a family unit in the same place of internment as men, the provision of 
separate  sleeping  quarters  and  sanitary  conveniences  for 
shall be obligatory.  

the  use  of  such  women 

internees                             

Article 86 

Premises  for  religious  services.—The  Detaining  Power  shall  place  at  the  disposal  of  interned 

persons, of whatever denomination, premises suitable for the holding of their religious services.  

Article 87 

Canteens.—Canteens  shall  be  installed  in  every  place  of  internment,  except  where  other  suitable 
facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher 
than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as 
would increase their personal well-being and comfort. 

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Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, 
and  administered  for  the  benefit  of  the  internees  attached  to  such  place  of  internment.  The  Internee 
Committee provided for in Article 102 shall have the right to check the management of the canteen and of 
the said fund.  

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

Article 88 

Air raid shelters. Protective measures.—In all places of internment exposed to air raids and other 
hazards  of  war,  shelters  adequate  in  number  and  structure  to  ensure  the  necessary  protection  shall  be 
installed.  In  case  of  alarms,  the  internees  shall  be  free  to  enter  such  shelters  as  quickly  as  possible, 
excepting  those  who  remain  for  the  protection  of  their  quarters  against  the  aforesaid  hazards.  Any 
protective measures taken in favour of the population shall also apply to them.  

All due precautions must be taken in places of internment against the danger of fire.  

CHAPTER III 

FOOD AND CLOTHING 

Article 89 

Food.—Daily  food  rations  for  internees  shall  be  sufficient  in  quantity,  quality  and  variety  to  keep 
internees in a good state of health and prevent the development of nutritional deficiencies. Account shall 
also be taken of the customary diet of the internees.  

Internees shall also be given the means by which they can prepare for themselves any additional food 

in their possession.  

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

Internees  who  work  shall  receive  additional  rations,  in  proportion  to  the  kind  of  labour  which                 

they perform.  

Expectant and nursing mothers and children under fifteen years of age, shall be given additional food, 

in proportion to their                        physiological needs.  

Article 90 

Clothing.—When taken into custody, internees shall be given all facilities to provide themselves with 
the  necessary  clothing,  footwear  and  change  of  underwear,  and  later  on,  to  procure  further  supplies  if 
required.  Should  any  internees  not  have  sufficient  clothing,  account  being  taken  of  the  climate,  and  be 
unable to procure any, it shall be provided free of charge to them by the Detaining Power.  

The clothing supplied by the Detaining Power to internees and the outward markings placed on their 

own clothes shall not be ignominious nor expose them to ridicule.  

Workers shall receive suitable working outfits, including protective clothing, whenever the nature of 

their work so requires.  

CHAPTER IV 

HYGIENE AND MEDICAL ATTENTION 

Article 91 

Medical attention.—Every place of internment shall have an adequate infirmary, under the direction 
of  a  qualified  doctor,  where  internees  may  have  the  attention  they  require,  as  well  as  appropriate  diet. 
Isolation wards shall be set aside for cases of contagious or mental diseases.  

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Maternity  cases  and  internees  suffering  from  serious  diseases,  or  whose  conditions  require  special 
treatment,  a  surgical  operation  or  hospital  care,  must  be  admitted  to  any  institution  where  adequate 
treatment can be given and shall receive care not inferior to that provided for the general population.  

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

Internees  may  not  be  prevented  from  presenting  themselves  to  the  medical  authorities  for 
examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee 
who  has  undergone  treatment  an  official  certificate  showing  the  nature  of  his  illness  or  injury,  and  the 
duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central 
Agency provided for in Article 140.  

Treatment,  including  the  provision  of  any  apparatus  necessary  for  the  maintenance  of  internees  in 
good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to 
the internee.   

Article 92 

Medical inspections.—Medical inspections of internees shall be made at least once a month. Their 
purpose  shall  be,  in  particular,  to  supervise  the  general  state  of  health,  nutrition  and  cleanliness  of 
internees and to detect contagious diseases, especially tuberculosis, malaria, and general diseases. Such 
inspections shall include, in particular the checking of weight of each internee and, at least once a year, 
radioscopic examination.  

CHAPTER V 

RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES 

Article 93 

Religious  duties.—Internees  shall  enjoy  complete  latitude  in  the  exercise  of  their  religious  duties, 
including  attendance  at  the  services  of  their  faith,  on  condition  that  they  comply  with  the  disciplinary 
routine prescribed by the detaining authorities.  

Ministers  of  religion  who  are  interned  shall  be  allowed  to  minister  freely  to  the  members  of  their 
community.  For  this  purpose  the  Detaining  Power  shall  ensure  their  equitable  allocation  amongst  the 
various places of internment in which there are internees speaking the same language and belonging to the 
same religion. Should such ministers be too few in number, the Detaining Power shall provide them with 
the necessary facilities including means of transport, for moving from one place to another, and they shall 
be  authorized  to  visit  any  internees  who  are  in  hospital.  Ministers  of  religions  shall  be  at  liberty  to 
correspond on matters concerning their ministry with the religious authorities in the country of detention 
and, as far as possible, with the international religious organizations of their faith. Such correspondence 
shall  not  be  considered  as  forming  a  part  of  the  quota  mentioned  in  Article  107.  It  shall,  however,  be 
subject to the provisions of Article 112.  

When internees do not have at their disposal the assistance of, ministers of their faith, or should these 
latter be too few in number, the local religious authorities of the same faith may appoint, in agreement 
with  the  Detaining  Power,  a  minister  of  the  internees‟  faith  or,  if  such  a  course  is  feasible  from  a 
denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy 
the  facilities  granted  to  the  ministry  he  has  assumed.  Persons  so  appointed  shall  comply  with  all 
regulations laid down by the Detaining Power in the interests of discipline and security.   

Article 94 

Recreation,  study,  sports  and  games.—The  Detaining  Power  shall  encourage  intellectual, 
educational  and  recreational  pursuits,  sports  and  games  amongst  internees,  whilst  leaving  them  free  to 
take part in them or not. It shall take all practicable measures to ensure the exercise thereof in particular 
by providing suitable premises.  

All possible facilities shall be granted to internees to continue their studies or to take up new subjects. 
The  education  of  children  and  young  people  shall  be  ensured;  they  shall  be  allowed  to  attend  schools 
either within the place of internment or outside.  

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Internees  shall  be  given  opportunities  for  physical  exercise,  sports  and  outdoor  games.  For  this 
purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be 
reserved for children and young people.  

Article 95 

Working  conditions.—The Detaining Power shall not employ internees as workers, unless they so 
desire.  Employment  which,  if  undertaken  under  compulsion  by  a  protected  person  not  in  internment, 
would involve a breach of Article 40 or 51 of the present Convention, and employment on work which is 
of a degrading or humiliating character are in any case prohibited.  

After a working period of six weeks, internees shall be free to give up work at any moment, subject to 

eight days‟ notice.  

These  provisions  constitute  no  obstacle  to  the  right  of  the  Detaining  Power  to  employ  interned 
doctors,  dentists  and  other  medical  personnel  in  their  professional  capacity  on  behalf  of  their  fellow 
internees, or to employ internees for administrative and maintenance work in places of internment and to 
detail  such  persons  for  work  in  the  kitchens  or  for  other  domestic  tasks,  or  to  require  such  persons  to 
undertake duties connected with the protection of internees against aerial bombardment or other war risks. 
No  internee  may,  however,  be  required  to  perform  tasks  for  which  he  is,  in  the  opinion  of  a  medical 
officer, physically unsuited.  

The Detaining Power shall take entire responsibility for all working conditions, for medical attention, 
for  the  payment  of  wages,  and  for  ensuring  that  all  employed  internees  receive  compensation  for 
occupational  accidents  and  diseases.  The  standards  prescribed  for  the  said  working  conditions  and  for 
compensation  shall  be  in  accordance  with  the  national  laws  and  regulations,  and  with  the  existing 
practice;  they  shall  in  no  case  be  inferior  to  those  obtaining  for  work  of  the  same  nature  in  the  same 
district. Wages for work done shall be determined on an equitable basis by special agreements between 
the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due 
regard  being  paid  to  the  obligation  of  the  Detaining  Power  to  provide  for  the  free  maintenance  of 
internees  and  for  the  medical  attention  which  their  state  of  health  may  require.  Internees  permanently 
detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages 
by  the  Detaining  Power.  The  working  conditions  and  the  scale  of  compensation  for  occupational 
accidents and diseases to internees, thus detailed shall not be inferior to those applicable to work of the 
same nature in the same district.  

Article 96 

Labour detachments.—All labour detachments shall remain part of and dependent upon a place of 
internment.  The  competent  authorities  of  the  Detaining  Power  and  the  commandant  of  a  place  of 
internment shall be responsible for the observance in a labour detachment of the provisions of the present 
Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him 
and shall communicate it to the delegates of the Protecting Power, of the International Committee of the 
Red Cross and of other humanitarian organisations who may visit the places of internment.  

CHAPTER VI 

PERSONAL PROPERTY AND FINANCIAL RESOURCES 

Article 97 

Valuables  and  personal  effects.—Internees  shall  be  permitted  to  retain  articles  of  personal  use. 
Monies,  cheques,  bonds,  etc.,  and  valuables  in  their  possession  may  not  be  taken  from  them  except  in 
accordance with established procedure. Detailed receipts shall be given therefor.  

The  amounts  shall  be,  paid  into  the  account  of  every  internee  as  provided  for  in  Article  98.  Such 
amounts may not be converted into any other currency unless legislation in force in the territory in which 
the owner is interned so requires or the internee gives his consent.  

Articles which have above all a personal or sentimental value may not be taken away.  

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

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On release or repatriation, internees shall be given all articles, monies or other valuables taken from 
them during internment and shall receive in currency the balance of any credit to their accounts kept in 
accordance with Article 98, with the exception of an articles or amounts withheld by the Detaining Power 
by virtue of its legislation in force. If the property of an internee is so with held, the owner shall receive a 
detailed receipt.  

Family or identity documents in the possession of internees may not be taken away without a receipt 
being given. At no time shall internees be left without identity documents. If they have none, they shall be 
issued  with  special  documents  drawn  up  by  the detaining  authorities,  which  will  serve  as  their identity 
papers until the end of their internment.  

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

coupons, to enable them to make purchases.  

Article 98 

Financial  resources  and  individual  accounts.—All  internees  shall  receive  regular  allowances, 
sufficient  to  enable  them  to  purchase  goods  and  articles,  such  as  tobacco,  toilet  requisites,  etc.  Such 
allowances may take the form of credits or purchase coupons.  

Furthermore,  internees  may  receive  allowances  from  the  Power  to  which  they  owe  allegiance,  the 
Protecting Powers, the organisations which may assist them, or their families, as well as the income on 
their property in accordance with the law of the Detaining Power. The amount of allowances granted by 
the  Power  to  which  they  owe  allegiance  shall  be  the  same  for  each  category  of  internees                              
(infirm,  sick,  pregnant  women,  etc.)  but  may  not  be  allocated  by  that  Power  or  distributed  by  the 
Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of 
the present Convention.  

The Detaining Power shall open a regular account for every internee, to which shall be credited the 
allowances  named  in  the  present  Article,  the  wages  earned  and  the  remittances  received,  together  with 
such sums taken from him as may be available under the legislation in force in the territory in which he is 
interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to 
make  remittances  to  their  families  and  to  other  dependents.  They  may  draw  from  their  accounts  the 
amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall 
at  all  times  be  afforded  reasonable  facilities  for  consulting  and  obtaining  copies  of  their  accounts.  A 
statement  of  accounts  shall  be  furnished  to  the  Protecting  Power,  on  request  and  shall  accompany  the 
Internee in case of transfer.   

CHAPTER VII 

ADMINISTRATION AND DISCIPLINE 

Article 99 

Camp administration. Posting of the Convention and of orders.—Every place of internment shall 
be put under the authority of a responsible officer, chosen from the regular military forces or the regular 
civil administration of the Detaining Power. The officer in charge of the place of internment must have in 
his possession a copy of the present Convention in the official language, or one of the official languages, 
of  his  country  and  shall  be  responsible  for  its  application.  The  staff  in  control  of  internees  shall  be 
instructed  in  the  provisions  of  the  present  Convention  and  of  the  administrative  measures  adopted  to 
ensure its application.  

The  text  of  the  present  Convention  and  the  texts  of  special  agreements  concluded  under  the  said 
Convention shall be posted inside the place of internment, in a language which the internees understand, 
or shall be in the possession of the Internee Committee.  

Regulations,  orders,  notices  and  publications  of  every  kind  shall  be  communicated  to  the  internees 

and posted inside the places of internment, in a language which they understand.  

Every order and command addressed to internees individually must. likewise be given in a language 

which they understand.  

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Article 100 

General  discipline.—The  disciplinary  regime  in  places  of  internment  shall  be  consistent  with 
humanitarian  principles,  and  shall  in  no  circumstances  include  regulations  imposing  on  internees  any 
physical exertion dangerous to their health or involving physical or moral victimization. Identification by 
tatooing or imprinting signs or markings on the body, is prohibited.  

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

reduction of food rations, are prohibited.  

Article 101 

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

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

They shall also have the right to apply without restriction through the Internee Committee or, if they 
consider It necessary, direct to the representatives of the Protecting Power, in order to indicate to them 
any points on which they may have complaints to make with regard to the conditions of internment.  

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

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

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

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

Article 102 

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

Internees  so  elected  shall  enter  upon  their  duties  after  their  election  has  been  approved  by  the 
detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting 
Powers concerned.  

Article 103 

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

of the internees.  

In  case  the  internees  decide.  in  particular,  to  organise  a  system  of  mutual  assistance  amongst 
themselves,  this  organisation  would  be  within  the  competence  of  the  Committees  in  addition  to  the 
special duties entrusted to them under other provisions of the present Convention.  

Article 104 

III. Prerogative.—Members of Internee Committees shall not be required to perform any other work, 

if the accomplishment of their duties is rendered more difficult thereby.  

Members  of  Internee  Committees  may  appoint  from  amongst  the  internees  such  assistants  as  they 
may require. All material facilities shall be granted to them, particularly a certain freedom of movement 
necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).  

All facilities  shall  likewise  be  accorded to  members of  Internee  Committees for  communication  by 
post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of 
the  Red  Cross  and  their  delegates,  and  with  the  organizations  which  give  assistance  to  internees. 
Committee  members  in  labour  detachments  shall  enjoy  similar  facilities  for  communication  with  their 
Internee Committee in the principal place of internment. Such communications shall not be limited, nor 
considered as forming a part of the quota mentioned in Article 107.  

Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint 

their successors with current affairs.  

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CHAPTER VIII 

RELATIONS WITH THE EXTERIOR 

Article 105 

Notification  of  measures  taken.—Immediately  upon  interning  protected  persons,  the  Detaining 
Powers  shall  inform  them,  the  Power  to  which  they  owe  allegiance  and  their  Protecting  Power  of  the 
measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise 
inform the Parties concerned of any subsequent modifications of such measures.  

Article 106 

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

Article 107 

Correspondence.—Internees shall be allowed to send and receive letters and cards. If the Detaining 
Power deems it necessary to limit the number of letters and cards sent by each internee, the said number 
shall not  be  less  than  two letters  and  four  cards  monthly;  these  shall be,  drawn up  so  as to conform  as 
closely as possible to the models annexed to the present Convention. If limitations must be placed on the 
correspondence addressed to internees, they may be ordered only by the power to which such internees 
owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed 
with reasonable despatch; they may not be delayed or retained for disciplinary reasons.  

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

As  a  rule,  internees‟  mail  shall  be  written  in  their  own  language.  The  Parties  to  the  conflict  may 

authorize correspondence in other languages.  

Article 108 

Relief  shipments.  I.  General  principles.—Internees shall be allowed to receive, by post or by any 
other  means,  individual  parcels  or  collective  shipments  containing  in  particular  foodstuffs,  clothing, 
medical supplies, as well as books and objects of a devotional, educational or recreational character which 
may  meet  their  needs.  Such  shipments  shall  in  no.  way  free  the  Detaining  Power  from-the  obligations 
imposed upon it by virtue of the present Convention.  

Should  military  necessity  require  the  quantity  of  such  shipment‟s  to  be  limited,  due  notice  thereof 
shall  be  given  to  the  Protecting  Power  and  to  the  International  Committee  of  the  Red  Cross,  or  to  any 
other organization giving assistance to the internees and responsible for the forwarding of such shipments.  

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

Article 109 

II. Collective relief.—In the absence of special agreements between Parties to the conflict regarding 
the  conditions  for  the  receipt  and  distribution  of  collective  relief  shipments,  the  regulations  concerning 
collective relief which are annexed to the present Convention shall be applied.  

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The special agreements provided for above shall in no case restrict the right of Internee Committees 
to take possession of collective. relief shipments intended for internees, to undertake their distribution and 
to dispose of them in the interests of the recipients.  

Nor  shall  such  agreements  restrict  the  right  of  representatives  of  the  Protecting  Powers,  the 
International  Committee  of  the  Red  Cross,  or  any  other  organization  giving  assistance  to internees  and 
responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.  

Article 110 

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

exempt from import, customs and other dues.  

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

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

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

shall be charged to the senders.  

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

sent by internees, or addressed to them.  

Article 111 

Special  means  of  transport.—Should  military  operations  prevent  the  Powers  concerned  from 
fulfilling  their  obligation  to  ensure  the  conveyance  of  the  mail  and  relief  shipments  provided  for  in 
Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red 
Cross  or  any  other  organization  duly  approved  by  the  Parties  to  the  conflict  may  undertake  the 
conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.) For this 
purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its 
circulation, especially by granting the necessary safe-conducts.  

Such transport may also be used to convey:— 

(a) correspondence, lists and reports exchanged between the Central Information Agency referred 

to in Article 140 and the National Bureaux referred to in Article 136;  

(b)  correspondence  and  reports  relating  to  internees  which  the  Protecting  Powers,  the 
international Committee of the Red Cross or any other organization assisting the internees exchange 
either with their own delegates or with the Parties to the conflict.  

These provisions in no way detract from the right of any Party to the conflict to arrange other means 
of  transport  if  it  should  so  prefer,  nor  preclude  the  granting  of  safe-conducts,  under  mutually  agreed 
conditions, to such means of transport.  

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

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

Article 112 

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

despatched by them shall be done as quickly as possible.  

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

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

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

Article 113 

Execution  and  transmission  of  legal  documents.—The  Detaining  Powers  shall  provide  all 
reasonable facilities for the transmission, through the Protecting Power or the Central Agency provided 
for in Article 140 or as otherwise required, of wills, powers of attorney, letters of authority, or any other 
document intended for internees or despatched by them.  

In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of 

such documents on behalf of internees, in particular by allowing them to consult a lawyer.  

Article 114 

Management of property.—The Detaining Power shall afford internees all facilities to enable them 
to manage their property, provided this is not incompatible with the conditions of internment and the law 
which  is  applicable.  For  this  purpose,  the  said  Power  may  give  them  permission  to  leave  the  place  of 
internment in urgent cases and if circumstances allow.  

Article 115 

Facilities  for  reparation  and  conduct  of  cases.—In  all  cases  where  an  internee  is  a  party  to 
proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of 
his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from 
being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his 
case or as regards the execution of any judgment of the court.  

Article 116 

Visits.—Every  internee  shall  be  allowed  to  receive  visitors,  especially  near  relatives,  at  regular 

intervals and as frequently as possible.  

As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in 

cases of death or serious illness of relatives.  

CHAPTER IX 

PENAL AND DISCIPLINARY SANCTIONS 

Article 117 

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

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

If general laws, regulations or orders declare acts committed by internees to be punishable, whereas 
the same acts are not punishable when committed by persons who are not internees, such acts shall entail 
disciplinary punishments only.  

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

Penalties.—The courts or authorities shall in passing sentence take as far as possible into account the 
fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty 

Article 118 

98 

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

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

forbidden.  

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

other internees.  

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

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

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

they represent, and of their result.  

Article 119 

Disciplinary  punishments.—The  disciplinary  punishments  applicable  to  internees  shall  be                           

the following:— 

(1) A fine which shall not exceed 50 per cent. of the wages which the internee would otherwise 

receive under the provisions if Article 95 during a period of not more than thirty days.  

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

present Convention.  

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

place of internment.  

(4) Confinement.  

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

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

The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, 
even if the internee is answerable for several breaches of discipline when his case is dealt with, whether 
such breaches are connected or not.  

Article 120 

Escapes.—Internees who are recaptured after having escaped or when attempting to escape, shall be 

liable only to disciplinary punishment in respect of this act, even if it is a repeated offence,  

Article  118,  paragraph  3,  notwithstanding,  internees  punished  as  a  result  of  escape  or  attempt  to 
escape, may be subjected to special surveillance, on condition that such surveillance does not affect the 
state of their health, that it is exercised in a place of internment and that it does not entail the abolition of 
any of the safeguards granted by the present Convention.  

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

punishment only.  

Article 121 

Connected  offences.—Escape,  or  attempt  to  escape,  even  if  it  is  a  repeated  offence,  shall  not  be 
deemed  an  aggravating  circumstance  in  cases  where  an  internee  is  prosecuted  for  offences  committed 
during his escape.  

The  Parties  to  the  conflict shall  ensure  that the  competent  authorities  exercise  leniency  in  deciding 
whether  punishment  inflicted  for  an  offence  shall  be  of  a  disciplinary  or  judicial  nature,  especially  in 
respect of acts committed in connection with an escape, whether successful or not.  

Article 122 

99 

 
Investigations. Confinement awaiting hearing.—Acts which constitute offences against discipline 
shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to 
escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.  

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

Article 123 

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

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

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

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

not exceed one month.  

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

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

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

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

Article 124 

Premises  for  disciplinary  punishments.—Internees  shall  not  in  any  case  be  transferred  to 
penitentiary  establishments  (prisons,  penitentiaries,  convict  prisons,  etc.)  to  undergo  disciplinary 
punishment therein.  

The  premises  in  which  disciplinary  punishments  are  undergone  shall  conform  to  sanitary 
requirements;  they  shall  in  particular  be  provided  with  adequate  bedding.  Internees  undergoing 
punishment shall be enabled to keep themselves in a state of cleanliness.  

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

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

Article 125 

Essential safeguards.—Internees awarded disciplinary punishment shall be allowed to exercise and 

to stay in the open air at least two hours daily.  

They  shall  be  allowed if  they  so  request, to  be  present  at  the  daily  medical  inspections. They  shall 
receive  the  attention  which  their  state  of  health  requires  and,  if  necessary,  shall  be  removed  to  the 
infirmary of the place of internment or to a hospital.  

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

No  internee  given  a  disciplinary  punishment  may  be  deprived  of  the  benefit  of  the  provisions  of             

Articles 107 and 143 of the present Convention.   

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Provisions  applicable  to  judicial  proceedings.—The  provisions  of  Articles  71  to  76  inclusive  shall 
apply,  by  analogy,  to  proceedings  against  internees  who  are  in  the  national  territory  of  the                   
Detaining Power.  

Article 126 

CHAPTER X 

TRANSFERS OF INTERNEES 

Article 127 

Conditions.—The transfer of internees shall always be effected humanely. As a general rule, it shall 
be carried out by rail or other means of transport, and under conditions at least equal to those obtaining 
for  the  forces  of  the  Detaining  Power  in  their  changes  of  station.  If  as  an  exceptional  measure  such 
removals  have  to  be  effected  on  foot,  they  may  not  take  place  unless  the  internees  are  in  a  fit  state  of 
health, and may not in any case expose them to excessive fatigue.  

The Detaining Power shall supply internees during transfer with drinking water and food sufficient in 
quantity,  quality  and  variety  to  maintain  them  in  good  health,  and  also  with  the  necessary  clothing, 
adequate  shelter  and  the  necessary  medical  attentions.  The  Detaining  Power  shall  take  all  suitable 
precautions to ensure their safety during transfer, and shall establish before their departure a complete list 
of all internees transferred.  

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

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

If the combat zone draws close to a place of internment, the internees in the said place shall not be 
transferred  unless  their  removal  can  be  carried  out  in  adequate  conditions  of  safety,  or  unless  they  are 
exposed to greater risks by remaining on the spot than by being transferred.  

When  making  decisions  regarding  the  transfer  of  internees,  the  Detaining  Power  shall  take  their 
interests into account and, in particular, shall not do anything  to increase the difficulties of repatriating 
them or returning them to their own homes.  

Article 128 

Method.—In the event of transfer, internees shall be officially advised of their departure and of their 
new  postal address.  Such notification  shall  be  given in time  for them  to  pack  their luggage  and inform 
their next of kin.  

They shall be allowed to take with them their personal effects, and the correspondence and parcels 
which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so 
require, but in no case to less than twenty-five kilograms per Internee.  

Mail  and  parcels  addressed  to  their  former  place  of  internment  shall  be  forwarded  to  them                  

without delay.  

The  commandant  of  the  place  of  internment  shall  take,  in  agreement  with  the  Internee  Committee, 
any measures needed to ensure the transport of the internees‟ community property and of the luggage the 
internees  are  unable  to  take  with  them  in  consequence  of  restrictions  imposed  by  virtue  of  the                   
second paragraph.  

101 

 
 
 
CHAPTER XI  

DEATHS 

Article 129 

Wills.  Death  certificates.—The  wills  of  internees  shall  be  received  for  safe-keeping  by  the 
responsible authorities; and in the event of the death of an internee his will shall be transmitted without 
delay to a person whom he has previously designated.  

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

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

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

Article 130 

Burial Cremation.—The detaining authorities shall ensure that internees who die while interned are 
honourably buried, it possible according to the rites of the religion to which they belonged and that their 
graves are respected, properly maintained, and marked in such a way that they can always be recognized.  

Deceased internees shall be buried in individual graves unless unavoidable circumstances require the 
use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of 
the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, 
the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be 
retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the 
next of kin on their request.  

As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall 
forward  lists  of  graves  of  deceased  internees  to  the  Powers  on  whom  deceased  internees  depended, 
through  the  Information  Bureaux  provided  for  in  Article  136.  Such  lists  shall  include  all  particulars 
necessary for the identification of the deceased internees, as well as the exact location of their graves.  

Article 131 

Internees killed or injured in special circumstances.—Every death or serious injury of an internee, 
caused or suspected to have been caused by a sentry, another internee or any other person, as well as any 
death  the  cause  of  which  is  unknown,  shall  be  immediately  followed  by  an  official  enquiry  by  the 
Detaining Power.  

A communication on this subject shall be sent immediately to the Protecting Power. The evidence of 
any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the 
said Protecting Power.  

If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary 

steps to ensure the prosecution of the person or persons responsible.  

RELEASE, REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES 

CHAPTER XII 

Article 132 

During hostilities or occupation.—Each interned person shall be released by the Detaining Power as 

soon as the reasons which necessitated his internment no longer exist.  

The  Parties  to  the  conflict  shall,  moreover,  endeavour  during  the  course  of  hostilities,  to  conclude 
agreements for the release, the  repatriation, the return to places of residence or the accommodation in a 

102 

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

Article 133 

After the close of hostilities.—Internment shall cease as soon as possible after the close of hostilities. 

Internees in the territory of a Party to the conflict against whom penal proceedings are pending for 
offences  not  exclusively  subject  to  disciplinary  penalties,  may  be  detained  until  the  close  of  such 
proceedings  and, if circumstances require,  until the  completion of the  penalty.  The  same  shall  apply  to 
internees who have been previously sentenced to a punishment depriving them of liberty.  

By  agreement  between  the  Detaining  Power  and  the  Powers  concerned,  committees  may  be  set  up 

after the close of hostilities, or of the occupation of territories, to search for dispersed internees.  

Article 134 

Repatriation and return to last place of residence.—The High Contracting Parties shall endeavour, 
upon  the  close  of  hostilities  or  occupation,  to  ensure  the  return  of  all  internees  to  their  last  place  of 
residence, or to facilitate their repatriation.  

Article 135 

Costs.—The  Detaining  Power  shall  bear  the  expense  of  returning  released  internees  to  the  places 
where they were residing when interned, or, if it took them into custody while they were in transit or on 
the high seas, the cost of completing their journey or of their return to their point of departure.  

Where  a  Detaining  Power  refuses  permission  to  reside  in  its  territory  to  a  released,  internee  who 
previously  had  his  permanent  domicile  therein,  such  Detaining  Power  shall  pay  the  cost  of  the  said 
internee‟s repatriation. If, however, the internee elects to return to his country on his own responsibility or 
in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not 
pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power 
need not pay the cost of repatriation of an internee who was interned at his own request.  

If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall 

agree on the portion of the above costs to be borne by each.  

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

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

SECTION V 

INFORMATION BUREAUX AND CENTRAL AGENCY 

Article 136 

National  Bureaux.—Upon  the  outbreak  of  a  conflict  and  in  all  cases  of  occupation,  each  of  the 
Parties  to  the  conflict  shall  establish  an  official  Information  Bureau  responsible  for  receiving  and 
transmitting information in respect of the protected persons who are in its power.  

Each  of  the  Parties  to  the  conflict  shall,  within  the  shortest  possible  period.  give  its  Bureau 
information  of  any  measure  taken  by  it  concerning  any  protected  persons  who  are  kept  in  custody  for 
more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, 
require  its  various  departments  concerned  with  such  matters  to  provide  the  aforesaid  Bureau  promptly 
with information concerning all changes pertaining to these protected persons, as for example, transfers, 
releases, repatriations, escapes, admittances, to hospitals, births and deaths.  

Transmission  of  information.—Each  national  Bureau  shall  immediately  forward  information 
concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are 
nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers 

Article 137 

103 

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

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

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

Article 138 

Particulars required.—The information received by the national Bureau and transmitted by it shall 
be of such a character as to make it possible to identify the protected person exactly and to advise his next 
of kin quickly. The information in respect of each person shall include at least his surname, first names, 
place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the 
father and the maiden name of the mother, the date, place and nature of the action taken with regard to the 
individual,  the  address  at  which  correspondence  may  be  sent  to  him  and  the  name  and  address  of  the 
person to be informed.  

Likewise,  information  regarding  the  state  of  health  of  internees  who  are  seriously  ill  or  seriously 

wounded shall be supplied regularly and if possible every week.  

Article 139 

Forwarding of person valuables.—Each national Information Bureau shall, furthermore, be responsible 
for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those 
who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to 
those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by 
the  Bureau  in  sealed  packets  which  shall  be  accompanied  by  statements  giving  clear  and  full  identity 
particulars  of  the  person  to  whom  the  articles  belonged,  and  by  a  complete  list  of  the  contents  of  the 
parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.  

Article 140 

Central  Agency.—A Central Information Agency for protected persons, in particular for internees, 
shall  be  created  in  a  neutral  country.  The  International  Committee  of  the  Red  Cross  shall,  if  it  deems 
necessary, propose to the Powers concerned the organization of such an Agency, which may be the same 
as  that  provided  for  in  Article  123  of the  Geneva  Convention  relative  to  the Treatment  of  Prisoners  of 
War of August 12, 1949. 

The  function  of  the  Agency  shall  be  to  collect  all  information  of  the  type  set  forth  in  Article  136 
which it  may  obtain  through  official  or  private  channels  and  to transmit it  as  rapidly  as possible to  the 
countries  of  origin  or  of  residence  of  the  persons  concerned,  except  in  cases  where  such  transmissions 
might  be  detrimental  to  the  persons  whom  the  said  information  concerns,  or  to  their  relatives.  It  shall 
receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.  

The High Contracting Parties, and in particular those whose nationals benefit by the services of the 

Central Agency, are requested to give the said Agency the financial aid it may require.  

The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of 

the International Committee of the Red Cross and of the relief societies described in Article 142.   

Article 141 

Exemption from charges.—The national Information Bureaux and the Central Information Agency shall 
enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as 
possible, exemption from telegraphic charges or, at least, greatly reduced rates  

104 

 
 
 
PART IV 

EXECUTION OF THE CONVENTION 

SECTION I 

GENERAL PROVISIONS 

Article 142 

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

The  Detaining  Power  may  limit  the  number  of  societies  and  organizations  whose  delegates  are 
allowed to carry out their activities in its territory and under its supervision, on condition, however, that 
such limitation shall not hinder the supply of effective and adequate relief to all protected persons.  

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

and respected at all times.  

Article 143 

Supervision.—Representatives or delegates of the Protecting Powers shall have permission to go to 

all places where protected persons are, particularly to places of internment, detention and work.  

They shall have access to all premises occupied by protected persons and shall be able to interview 

the latter without witnesses, personally or through an interpreter.  

Such visits may not be prohibited except for reasons of imperative military necessity, and then only as 

an exceptional and temporary measure. Their duration and frequency shall not be restricted.  

Such representatives and delegates shall have full liberty to select the places they  wish to visit. The 
Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the 
persons  to  be  visited,  may  agree  that  compatriots  of  the  internees  shall  be  permitted  to  participate  in                   
the visits.  

The  delegates  of  the  International  Committee  of  the  Red  Cross  shall  also  enjoy  the  above 
prerogatives.  The  appointment  of  such  delegates  shall  be  submitted  to  the  approval  of  the  Power 
governing the territories where they will carry out their duties. 

Article 144 

Dissemination  of the  Convention.—The High Contacting Parties undertake, in time of peace as in 
time  of  war,  to  disseminate  the text  of the  present  Convention  as  widely  as  possible  in  their respective 
countries, and, in particular, to include the study thereof in their programmes of military and, if possible, 
civil instruction, so that the principle thereof may become known to the entire population. 

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

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

Article 145 

Translations.  Rules  of  application.—The  High  Contracting  Parties  shall  communicate  to  one 
another  through  the  Swiss  Federal  Council  and,  during  hostilities,  through  the  Protection  Powers,  the 
official translations of the present Convention, as well as the laws and regulations which they may adopt 
to ensure the application thereof. 

Article 146 

105 

 
Penal  sanctions  I.  General  observations.—The  High  contracting  Parties  undertake  to  enact  any 
legislation  necessary  to  provide  effective  penal  sanctions  for  persons  committing,  or  ordering  to  be 
committed, any of the grave breaches of the present Convention defined in the following Article. 

Each  High  Contracting  Party  shall  be  under  the  obligation  to  search  for  persons  alleged  to  have 
committed,  or  do  have,  ordered  to  be  committed,  such  grave  breaches,  and  shall  bring  such  persons, 
regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the 
provisions  of  its  own  legislation,  hand  such  persons  over  for  trial  to  another  High  Contracting  Party 
concerned, provided such High Contracting Party has made out a prima facie case. 

Each High Contracting Party shall take measure necessary for the suppression of all acts contrary to 

the provisions of the present Convention other than the grave breaches defined in the following Article. 

In all circumstance, the accused persons shall benefit by safeguards of proper trial and defence which 
shall  not  be  less  favourable  than  those  provided  by  Article  105  and  those  following  of  the  Geneva 
Convention relative to the Treatment of Prisoners of War of August 12, 1949. 

Article 147 

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

Article 148 

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

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

Article 149 

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

manner to be decided between the interested Parties concerning any alleged violation of the Convention. 

If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree 

on the choice of an umpire who will decide upon the procedure to be followed. 

Once  the  violation  has  been  established,  the  Parties  to  the  conflict  shall  put  an  end  to  it  and  shall 

repress it with the least possible delay. 

SECTION II 

FINAL PROVISIONS 

Article 150 

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

equally authentic. 

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

Russian and Spanish languages. 

Signature.—The  present  Convention,  which  bears  the  date  of  this  day,  is  open  to  signature  until 
February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on 
April 21,1949. 

Article 151 

Article 152 

106 

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

shall be deposited at Berne. 

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

Article153 

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

two instruments of ratification have been deposited. 

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

instrument of ratification. 

Article 154 

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

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

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

Article 155 

Article 156 

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

and shall take effect six months after the date on which they are received. 

The  Swiss  Federal  Council  shall  communicate  the  accessions  to  all  the  Powers  in  whose  name  the 

Convention has been signed, or whose accession has been notified. 

Article 157 

Immediate  effect.—The  situations  provided  for  in  Articles  2  and  3  shall  give  immediate  effect  to 
ratifications deposited and accessions notified by the parties to the conflict before or after the beginning 
of  hostilities  or  occupation.  The  Swiss  Federal  Council shall communicate  by  the  quickest  method any 
ratifications or accessions received from the Parties to conflict. 

Article 158 

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

present Convention. 

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

the Governments of all the High Contracting Parties. 

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

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

107 

 
 
 
Article 159 

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

Convention with the Secretariat of the United Nations. 

The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, 

accessions and denunciations received by it with respect to the present Convention. 

IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the 

present Convention. 

DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original 
shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit 
certified copies thereof to each of the signatory and acceding States. 

108 

 
