0031-0330 irl qxd 2 3 2009 14 19 Page 61 II GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF 12 AUGUST 1949 CHAPTER I General Provisions Article 1 Respect for the Convention Article 2 Application of the Convention Article 3 Conflicts not of an international character Article 4 Field of application Article 5 Application by neutral Powers Article 6 Special agreements Article 7 Non-renunciation of rights Article 8 Protecting Powers Article 9 Activities of the International Committee of the Red Cross Article 10 Substitutes for Protecting Powers Article 11 Conciliation procedure 64 64 64 65 65 66 66 66 66 67 67 CHAPTER II Wounded Sick and Shipwrecked Article 12 Protection and care Article 13 Protected persons Article 14 Handing over to a belligerent Article 15 Wounded taken on board a neutral warship Article 16 Wounded falling into enemy hands Article 17 Wounded landed in a neutral port Article 18 Search for casualties after an engagement Article 19 Recording and forwarding of information Article 20 Prescriptions regarding the dead Article 21 Appeals to neutral vessels 68 68 69 69 70 70 70 70 71 71 CHAPTER III Hospital Ships Article 22 Notification and protection of military hospital ships Article 23 Protection of medical establishments ashore Article 24 Hospital ships utilized by relief societies and private individuals of I Parties to the conflict 72 72 72 0031-0330 irl qxd 62 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 2 3 2009 14 19 Page 62 CONTENTS II Neutral countries Tonnage Coastal rescue craft Protection of sick-bays Hospital ships in occupied ports Employment of hospital ships and small craft Right of control and search Stay in a neutral port Converted merchant vessels Discontinuance of protection Conditions not depriving hospital ships of protection 72 72 73 73 73 73 73 74 74 74 74 CHAPTER IV Personnel Article 36 Article 37 Protection of the personnel of hospital ships Medical and religious personnel of other ships 75 75 CHAPTER V Medical Transports Article 38 Ships used for the conveyance of medical equipment Article 39 Medical aircraft Article 40 Flight over neutral countries Landing of wounded 75 76 76 CHAPTER VI The Distinctive Emblem Article 41 Use of the emblem Article 42 Identification of medical and religious personnel Article 43 Marking of hospital ships and small craft Article 44 Limitation in the use of markings Article 45 Prevention of misuse 77 77 77 78 78 CHAPTER VII Execution of the Convention Article 46 Detailed execution Unforeseen cases Article 47 Prohibition of reprisals Article 48 Dissemination of the Convention Article 49 Translations Rules of application 79 79 79 79 0031-0330 irl qxd 2 3 2009 14 19 Page 63 CONTENTS 63 CHAPTER VIII Repression of Abuses and Infractions Article 50 Penal sanctions I General observations Article 51 II Grave breaches Article 52 III Responsibilities of the Contracting Parties Article 53 Enquiry procedure Final Provisions Article 54 Languages Article 55 Signature Article 56 Ratification Article 57 Coming into force Article 58 Relation to the 1907 Convention Article 59 Accession Article 60 Notification of accessions Article 61 Immediate effect Article 62 Denunciation Article 63 Registration with the United Nations 80 81 81 81 81 81 81 81 82 82 ANNEX Identity Card for Members of Medical and Religious Personnel attached to the Armed Forces at Sea 83 79 80 80 80 0031-0330 irl qxd 2 3 2009 14 19 Page 64 II GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF WOUNDED SICK AND SHIPWRECKED MEMBERS OF ARMED FORCES AT SEA OF 12 AUGUST 1949 CHAPTER I General Provisions Respect for the Convention1 ARTICLE 1 — The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances Application of the Convention ART 2 — In addition to the provisions which shall be implemented in peacetime the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties even if the state of war is not recognized by one of them The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party even if the said occupation meets with no armed resistance Although one of the Powers in conflict may not be a party to the present Convention the Powers who are parties thereto shall remain bound by it in their mutual relations They shall furthermore be bound by the Convention in relation to the said Power if the latter accepts and applies the provisions thereof Conflicts not of an international character ART 3 — In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties each Party to the conflict shall be bound to apply as a minimum the following provisions 1 Persons taking no active part in the hostilities including members of armed forces who have laid down their arms and 1 The marginal notes or titles of articles have been drafted by the Swiss Federal Department of Foreign Affairs 0031-0330 irl qxd 2 3 2009 14 19 Page 65 WOUNDED SICK AND SHIPWRECKED 65 those placed hors de combat by sickness wounds detention or any other cause shall in all circumstances be treated humanely without any adverse distinction founded on race colour religion or faith sex birth or wealth or any other similar criteria To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons a violence to life and person in particular murder of all kinds mutilation cruel treatment and torture b taking of hostages c outrages upon personal dignity in particular humiliating and degrading treatment d the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples 2 The wounded sick and shipwrecked shall be collected and cared for An impartial humanitarian body such as the International Committee of the Red Cross may offer its services to the Parties to the conflict The Parties to the conflict should further endeavour to bring into force by means of special agreements all or part of the other provisions of the present Convention The application of the preceding provisions shall not affect the legal status of the Parties to the conflict ART 4 — 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 Field of application ART 5 — 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 Application by neutral Powers 0031-0330 irl qxd 66 2 3 2009 14 19 Page 66 SECOND GENEVA CONVENTION OF 1949 Special agreements ART 6 — In addition to the agreements expressly provided for in Articles 10 18 31 38 39 40 43 and 53 the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision No special agreement shall adversely affect the situation of wounded sick and shipwrecked persons of members of the medical personnel or of chaplains as defined by the present Convention nor restrict the rights which it confers upon them Wounded sick and shipwrecked persons as well as medical personnel and chaplains shall continue to have the benefit of such agreements as long as the Convention is applicable to them except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict Nonrenunciation of rights ART 7 — 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 Protecting Powers ART 8 — The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict For this purpose the Protecting Powers may appoint apart from their diplomatic or consular staff delegates from amongst their own nationals or the nationals of other neutral Powers The said delegates shall be subject to the approval of the Power with which they are to carry out their duties The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention They shall in particular take account of the imperative necessities of security of the State wherein they carry out their duties Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities Activities of the International Committee of the Red Cross ART 9 — 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 0031-0330 irl qxd 2 3 2009 14 19 Page 67 WOUNDED SICK AND SHIPWRECKED 67 concerned undertake for the protection of wounded sick and shipwrecked persons medical personnel and chaplains and for their relief ART 10 — The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention When wounded sick and shipwrecked or medical personnel and chaplains do not benefit or cease to benefit no matter for what reason by the activities of a Protecting Power or of an organization provided for in the first paragraph above the Detaining Power shall request a neutral State or such an organization to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict If protection cannot be arranged accordingly the Detaining Power shall request or shall accept subject to the provisions of this Article the offer of the services of a humanitarian organization such as the International Committee of the Red Cross to assume the humanitarian functions performed by Protecting Powers under the present Convention Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted even temporarily in its freedom to negotiate with the other Power or its allies by reason of military events more particularly where the whole or a substantial part of the territory of the said Power is occupied Whenever in the present Convention mention is made of a Protecting Power such mention also applies to substitute organizations in the sense of the present Article Substitutes for Protecting Powers ART 11 — 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 Conciliation procedure 0031-0330 irl qxd 68 2 3 2009 14 19 Page 68 SECOND GENEVA CONVENTION OF 1949 Parties to the conflict a meeting of their representatives in particular of the authorities responsible for the wounded sick and shipwrecked medical personnel and chaplains possibly on neutral territory suitably chosen The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose The Protecting Powers may if necessary propose for approval by the Parties to the conflict a person belonging to a neutral Power or delegated by the International Committee of the Red Cross who shall be invited to take part in such a meeting CHAPTER II Wounded Sick and Shipwrecked Protection and care ART 12 — Members of the armed forces and other persons mentioned in the following Article who are at sea and who are wounded sick or shipwrecked shall be respected and protected in all circumstances it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be without any adverse distinction founded on sex race nationality religion political opinions or any other similar criteria Any attempts upon their lives or violence to their persons shall be strictly prohibited in particular they shall not be murdered or exterminated subjected to torture or to biological experiments they shall not wilfully be left without medical assistance and care nor shall conditions exposing them to contagion or infection be created Only urgent medical reasons will authorize priority in the order of treatment to be administered Women shall be treated with all consideration due to their sex Protected persons ART 13 — The present Convention shall apply to the wounded sick and shipwrecked at sea belonging to the following categories 1 Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces 2 Members of other militias and members of other volunteer corps including those of organized resistance movements 0031-0330 irl qxd 2 3 2009 14 19 Page 69 69 WOUNDED SICK AND SHIPWRECKED belonging to a Party to the conflict and operating in or outside their own territory even if this territory is occupied provided that such militias or volunteer corps including such organized resistance movements fulfil the following conditions a that of being commanded by a person responsible for his subordinates b that of having a fixed distinctive sign recognizable at a distance c that of carrying arms openly d that of conducting their operations in accordance with the laws and customs of war 3 Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power 4 Persons who accompany the armed forces without actually being members thereof such as civilian members of military aircraft crews war correspondents supply contractors members of labour units or of services responsible for the welfare of the armed forces provided that they have received authorization from the armed forces which they accompany 5 Members of crews including masters pilots and apprentices of the merchant marine and the crews of civil aircraft of the Parties to the conflict who do not benefit by more favourable treatment under any other provisions of international law 6 Inhabitants of a non-occupied territory who on the approach of the enemy spontaneously take up arms to resist the invading forces without having had time to form themselves into regular armed units provided they carry arms openly and respect the laws and customs of war ART 14 — 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 Handing over to a belligerent ART 15 — 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 Wounded taken on board a neutral warship 0031-0330 irl qxd 70 2 3 2009 14 19 Page 70 SECOND GENEVA CONVENTION OF 1949 Wounded falling into enemy hands ART 16 — Subject to the provisions of Article 12 the wounded sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war and the provisions of international law concerning prisoners of war shall apply to them The captor may decide according to circumstances whether it is expedient to hold them or to convey them to a port in the captor’s own country to a neutral port or even to a port in enemy territory In the last case prisoners of war thus returned to their home country may not serve for the duration of the war Wounded landed in a neutral port ART 17 — 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 Search for casualties after an engagement ART 18 — 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 Recording and forwarding of information ART 19 — The Parties to the conflict shall record as soon as possible in respect of each shipwrecked wounded sick or dead person of the adverse Party falling into their hands any particulars which may assist in his identification These records should if possible include a designation of the Power on which he depends b army regimental personal or serial number c surname d first name or names e date of birth f any other particulars shown on his identity card or disc 0031-0330 irl qxd 2 3 2009 14 19 Page 71 71 WOUNDED SICK AND SHIPWRECKED g date and place of capture or death h particulars concerning wounds or illness or cause of death As soon as possible the above-mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12 1949 which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency Parties to the conflict shall prepare and forward to each other through the same bureau certificates of death or duly authenticated lists of the dead They shall likewise collect and forward through the same bureau one half of the double identity disc or the identity disc itself if it is a single disc last wills or other documents of importance to the next of kin money and in general all articles of an intrinsic or sentimental value which are found on the dead These articles together with unidentified articles shall be sent in sealed packets accompanied by statements giving all particulars necessary for the identification of the deceased owners as well as by a complete list of the contents of the parcel ART 20 — 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 Prescriptions regarding the dead ART 21 — 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 Appeals to neutral vessels 0031-0330 irl qxd 72 2 3 2009 14 19 Page 72 SECOND GENEVA CONVENTION OF 1949 CHAPTER III Hospital Ships Notification and protection of military hospital ships ART 22 — Military hospital ships that is to say ships built or equipped by the Powers specially and solely with a view to assisting the wounded sick and shipwrecked to treating them and to transporting them may in no circumstances be attacked or captured but shall at all times be respected and protected on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed The characteristics which must appear in the notification shall include registered gross tonnage the length from stem to stern and the number of masts and funnels Protection of medical establishments ashore ART 23 — Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 shall be protected from bombardment or attack from the sea Hospital ships utilized by relief societies and private individuals of ART 24 — Hospital ships utilized by National Red Cross Societies by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with These ships must be provided with certificates from the responsible authorities stating that the vessels have been under their control while fitting out and on departure I Parties to the conflict II Neutral countries ART 25 — Hospital ships utilized by National Red Cross Societies officially recognized relief societies or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture on condition that they have placed themselves under the control of one of the Parties to the conflict with the previous consent of their own governments and with the authorization of the Party to the conflict concerned in so far as the provisions of Article 22 concerning notification have been complied with Tonnage ART 26 — 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 0031-0330 irl qxd 2 3 2009 14 19 Page 73 WOUNDED SICK AND SHIPWRECKED 73 comfort and security the Parties to the conflict shall endeavour to utilize for the transport of wounded sick and shipwrecked over long distances and on the high seas only hospital ships of over 2 000 tons gross ART 27 — Under the same conditions as those provided for in Articles 22 and 24 small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations shall also be respected and protected so far as operational requirements permit The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions Coastal rescue craft ART 28 — Should fighting occur on board a warship the sickbays shall be respected and spared as far as possible Sick-bays and their equipment shall remain subject to the laws of warfare but may not be diverted from their purpose so long as they are required for the wounded and sick Nevertheless the commander into whose power they have fallen may after ensuring the proper care of the wounded and sick who are accommodated therein apply them to other purposes in case of urgent military necessity Protection of sick-bays ART 29 — Any hospital ship in a port which falls into the hands of the enemy shall be authorized to leave the said port Hospital ships in occupied ports ART 30 — The vessels described in Articles 22 24 25 and 27 shall afford relief and assistance to the wounded sick and shipwrecked without distinction of nationality The High Contracting Parties undertake not to use these vessels for any military purpose Such vessels shall in no wise hamper the movements of the combatants During and after an engagement they will act at their own risk Employment of hospital ships and small craft ART 31 — 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 Right of control and search 0031-0330 irl qxd 74 2 3 2009 14 19 Page 74 SECOND GENEVA CONVENTION OF 1949 As far as possible the Parties to the conflict shall enter in the log of the hospital ship in a language he can understand the orders they have given the captain of the vessel Parties to the conflict may either unilaterally or by particular agreements put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention Stay in a neutral port ART 32 — Vessels described in Articles 22 24 25 and 27 are not classed as warships as regards their stay in a neutral port Converted merchant vessels ART 33 — Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities Discontinuance of protection ART 34 — The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit outside their humanitarian duties acts harmful to the enemy Protection may however cease only after due warning has been given naming in all appropriate cases a reasonable time limit and after such warning has remained unheeded In particular hospital ships may not possess or use a secret code for their wireless or other means of communication Conditions not depriving hospital ships of protection ART 35 — The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them 1 The fact that the crews of ships or sick-bays are armed for the maintenance of order for their own defence or that of the sick and wounded 2 The presence on board of apparatus exclusively intended to facilitate navigation or communication 3 The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded sick and shipwrecked and not yet handed to the proper service 4 The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded sick or shipwrecked civilians 5 The transport of equipment and of personnel intended exclusively for medical duties over and above the normal requirements 0031-0330 irl qxd 2 3 2009 14 19 Page 75 WOUNDED SICK AND SHIPWRECKED 75 CHAPTER IV Personnel ART 36 — The religious medical and hospital personnel of hospital ships and their crews shall be respected and protected they may not be captured during the time they are in the service of the hospital ship whether or not there are wounded and sick on board Protection of the personnel of hospital ships ART 37 — The religious medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall if they fall into the hands of the enemy be respected and protected they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick They shall afterwards be sent back as soon as the Commanderin-Chief under whose authority they are considers it practicable They may take with them on leaving the ship their personal property If however it proves necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war everything possible shall be done for their earliest possible landing Retained personnel shall be subject on landing to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 Medical and religious personnel of other ships CHAPTER V Medical Transports ART 38 — Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter The adverse Power shall preserve the right to board the carrier ships but not to capture them or to seize the equipment carried By agreement amongst the Parties to the conflict neutral observers may be placed on board such ships to verify the equipment carried For this purpose free access to the equipment shall be given Ships used for the conveyance of medical equipment 0031-0330 irl qxd 76 2 3 2009 14 19 Page 76 SECOND GENEVA CONVENTION OF 1949 Medical aircraft ART 39 — 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 specifically agreed upon between the Parties to the conflict concerned They shall be clearly marked with the distinctive emblem prescribed in Article 41 together with their national colours on their lower upper and lateral surfaces They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities Unless agreed otherwise flights over enemy or 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 Flight over neutral countries Landing of wounded ART 40 — Subject to the provisions of the second paragraph medical aircraft of Parties to the conflict may fly over the territory of neutral Powers land thereon in case of necessity or use it as a port of call They shall give neutral Powers prior notice of their passage over the said territory and obey every summons to alight on land or water They will be immune from attack only when flying on routes at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned The neutral Powers may however place conditions or restrictions on the passage or landing of medical aircraft on their territory Such possible conditions or restrictions shall be applied equally to all Parties to the conflict Unless otherwise agreed between the neutral Powers and the Parties to the conflict the wounded sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power where so required by international law in such a manner that they cannot again take part in operations of war The cost of their accommodation and internment shall be borne by the Power on which they depend 0031-0330 irl qxd 2 3 2009 14 19 Page 77 77 WOUNDED SICK AND SHIPWRECKED CHAPTER VI The Distinctive Emblem ART 41 — Under the direction of the competent military authority the emblem of the red cross on a white ground shall be displayed on the flags armlets and on all equipment employed in the Medical Service Nevertheless in the case of countries which already use as emblem in place of the red cross the red crescent or the red lion and sun on a white ground these emblems are also recognized by the terms of the present Convention Use of the emblem ART 42 — The personnel designated in Articles 36 and 37 shall wear affixed to the left arm a water-resistant armlet bearing the distinctive emblem issued and stamped by the military authority Such personnel in addition to wearing the identity disc mentioned in Article 19 shall also carry a special identity card bearing the distinctive emblem This card shall be water-resistant and of such size that it can be carried in the pocket It shall be worded in the national language shall mention at least the surname and first names the date of birth the rank and the service number of the bearer and shall state in what capacity he is entitled to the protection of the present Convention The card shall bear the photograph of the owner and also either his signature or his fingerprints or both It shall be embossed with the stamp of the military authority The identity card shall be uniform throughout the same armed forces and as far as possible of a similar type in the armed forces of the High Contracting Parties The Parties to the conflict may be guided by the model which is annexed by way of example to the present Convention They shall inform each other at the outbreak of hostilities of the model they are using Identity cards should be made out if possible at least in duplicate one copy being kept by the home country In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet In cases of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced Identification of medical and religious personnel ART 43 — The ships designated in Articles 22 24 25 and 27 shall be distinctively marked as follows Marking of hospital ships and small craft a All exterior surfaces shall be white 0031-0330 irl qxd 78 2 3 2009 14 19 Page 78 SECOND GENEVA CONVENTION OF 1949 b One or more dark red crosses as large as possible shall be painted and displayed on each side of the hull and on the horizontal surfaces so placed as to afford the greatest possible visibility from the sea and from the air All hospital ships shall make themselves known by hoisting their national flag and further if they belong to a neutral state the flag of the Party to the conflict whose direction they have accepted A white flag with a red cross shall be flown at the mainmast as high as possible Lifeboats of hospital ships coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall in general comply with the identification system prescribed above for hospital ships The above-mentioned ships and craft which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled must subject to the assent of the Party to the conflict under whose power they are take the necessary measures to render their painting and distinctive emblems sufficiently apparent Hospital ships which in accordance with Article 31 are provisionally detained by the enemy must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted Coastal lifeboats if they continue to operate with the consent of the Occupying Power from a base which is occupied may be allowed when away from their base to continue to fly their own national colours along with a flag carrying a red cross on a white ground subject to prior notification to all the Parties to the conflict concerned All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41 Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships Limitation in the use of markings ART 44 — 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 Prevention of misuse ART 45 — 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 0031-0330 irl qxd 2 3 2009 14 19 Page 79 79 WOUNDED SICK AND SHIPWRECKED CHAPTER VII Execution of the Convention ART 46 — Each Party to the conflict acting through its Commanders-in-Chief shall ensure the detailed execution of the preceding Articles and provide for unforeseen cases in conformity with the general principles of the present Convention Detailed execution Unforeseen cases ART 47 — Reprisals against the wounded sick and shipwrecked persons the personnel the vessels or the equipment protected by the Convention are prohibited Prohibition of reprisals ART 48 — 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 Dissemination of the Convention ART 49 — 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 Translations Rules of application CHAPTER VIII Repression of Abuses and Infractions ART 50 — The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing or ordering to be committed any of the grave breaches of the present Convention defined in the following Article Each High Contracting Party shall be under the obligation to search for persons alleged to have committed or to have ordered to be committed such grave breaches and shall bring such persons regardless of their nationality before its own courts It may also if it Penal sanctions I General observations 0031-0330 irl qxd 80 2 3 2009 14 19 Page 80 SECOND GENEVA CONVENTION OF 1949 prefers and in accordance with the provisions of its own legislation hand such persons over for trial to another High Contracting Party concerned provided such High Contracting Party has made out a prima facie case Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article In all circumstances the accused persons shall benefit by safeguards of proper trial and defence which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12 1949 II Grave breaches ART 51 — 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 III Responsibilities of the Contracting Parties ART 52 — 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 Enquiry procedure ART 53 — 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 Languages ART 54 — The present Convention is established in English and in French Both texts are equally authentic The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages 0031-0330 irl qxd 2 3 2009 14 19 Page 81 81 WOUNDED SICK AND SHIPWRECKED ART 55 — 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 Signature ART 56 — 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 Ratification ART 57 — 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 Coming into force ART 58 — 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 Relation to the 1907 Convention ART 59 — 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 Accession ART 60 — 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 Notification of accessions ART 61 — 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 Immediate effect 0031-0330 irl qxd 82 2 3 2009 14 19 Page 82 SECOND GENEVA CONVENTION OF 1949 Denunciation ART 62 — Each of the High Contracting Parties shall be at liberty to denounce the present Convention The denunciation shall be notified in writing to the Swiss Federal Council which shall transmit it to the Governments of all the High Contracting Parties The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council However a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated The denunciation shall have effect only in respect of the denouncing Power It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations as they result from the usages established among civilized peoples from the laws of humanity and the dictates of the public conscience Registration with the United Nations ART 63 — The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications accessions and denunciations received by it with respect to the present Convention IN WITNESS WHEREOF the undersigned having deposited their respective full powers have signed the present Convention DONE at Geneva this twelfth day of August 1949 in the English and French languages The original shall be deposited in the Archives of the Swiss Confederation The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States Front Number of Card Date of issue Eyes Hair Other distinguishing marks Height Signature of bearer or finger-prints or both 14 19 Surname First names Date of birth Rank Army Number The bearer of this card is protected by the Geneva Convention for the Amelioration of the Condition of the Wounded Sick and Shipwrecked Members of Armed Forces at Sea of August 12 1949 in his capacity as Embosssed stamp of military authority issuing card Photo of bearer Reverse side 2 3 2009 for members of medical and religious personnel attached to the armed forces at sea IDENTITY CARD Space reserved for the name of the country and military authority issuing this card ANNEX 0031-0330 irl qxd Page 83