0031-0330 irl qxd 2 3 2009 14 20 Page 163 IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 PART I General Provisions Article 1 Respect for the Convention Article 2 Application of the Convention Article 3 Conflicts not of an international character Article 4 Definition of protected persons Article 5 Derogations Article 6 Beginning and end of application Article 7 Special agreements Article 8 Non-renunciation of rights Article 9 Protecting Powers Article 10 Activities of the International Committee of the Red Cross Article 11 Substitutes for Protecting Powers Article 12 Conciliation procedure 169 169 169 170 171 171 171 172 172 172 172 173 PART II General Protection of Populations against certain Consequences of War Article 13 Field of application of Part II Article 14 Hospital and safety zones and localities Article 15 Neutralized zones Article 16 Wounded and sick I General protection Article 17 II Evacuation Article 18 III Protection of hospitals Article 19 IV Discontinuance of protection of hospitals Article 20 V Hospital staff Article 21 VI Land and sea transport Article 22 VII Air transport Article 23 Consignments of medical supplies food and clothing Article 24 Measures relating to child welfare Article 25 Family news Article 26 Dispersed families 174 174 174 175 175 175 176 176 176 177 177 178 178 178 0031-0330 irl qxd 2 3 2009 164 14 20 Page 164 CONTENTS PART III Status and Treatment of Protected Persons SECTION I – Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 SECTION II – Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Provisions common to the Territories of the Parties to the Conflict and to Occupied Territories Treatment I General observations II Danger zones III Responsibilities Application to Protecting Powers and relief organizations Prohibition of coercion Prohibition of corporal punishment torture etc Individual responsibility collective penalties pillage reprisals Hostages 179 179 180 180 180 180 180 180 Article 43 Article 44 Article 45 Article 46 Aliens in the Territory of a Party to the Conflict Right to leave the territory Method of repatriation Persons in confinement Non-repatriated persons I General observations II Means of existence III Employment IV Assigned residence Internment V Grounds for internment or assigned residence Voluntary internment VI Procedure VII Refugees VIII Transfer to another Power Cancellation of restrictive measures 183 183 184 184 184 SECTION III – Article 47 Article 48 Article 49 Article 50 Article 51 Article 52 Article 53 Article 54 Article 55 Article 56 Article 57 Article 58 Article 59 Occupied Territories Inviolability of rights Special cases of repatriation Deportations transfers evacuations Children Enlistment Labour Protection of workers Prohibited destruction Judges and public officials Food and medical supplies for the population Hygiene and public health Requisition of hospitals Spiritual assistance Relief I Collective relief 185 185 185 186 186 187 187 187 187 188 188 188 188 181 181 181 182 182 182 183 0031-0330 irl qxd 2 3 2009 14 20 Page 165 CONTENTS Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Article 68 Article 69 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77 Article 78 II Responsibilities of the Occupying Power III Distribution IV Individual relief National Red Cross and other relief societies Penal legislation I General observations II Publication III Competent courts IV Applicable provisions V Penalties Death penalty VI Deduction from sentence of period spent under arrest VII Offences committed before occupation Penal procedure I General observations II Right of defence III Right of appeal IV Assistance by the Protecting Power V Death sentence Treatment of detainees Handing over of detainees at the close of occupation Security measures Internment and assigned residence Right of appeal 165 189 189 189 189 190 190 190 190 191 191 191 192 192 193 193 193 194 194 194 SECTION IV – Regulations for the Treatment of Internees CHAPTER I – Article 79 Article 80 Article 81 Article 82 GENERAL PROVISIONS Cases of internment and applicable provisions Civil capacity Maintenance Grouping of internees 195 195 195 195 CHAPTER II – Article 83 Article 84 Article 85 Article 86 Article 87 Article 88 PLACES OF INTERNMENT Location of places of internment Marking of camps Separate internment Accommodation hygiene Premises for religious services Canteens Air raid shelters Protective measures 196 196 196 197 197 198 CHAPTER III – FOOD AND CLOTHING Article 89 Food 198 Article 90 Clothing 198 CHAPTER IV – HYGIENE AND MEDICAL ATTENTION Article 91 Medical attention 199 0031-0330 irl qxd 2 3 2009 166 14 20 Page 166 CONTENTS Article 92 Medical inspections 199 CHAPTER V – Article 93 Article 94 Article 95 Article 96 RELIGIOUS INTELLECTUAL AND PHYSICAL ACTIVITIES Religious duties Recreation study sports and games Working conditions Labour detachments 200 200 201 201 CHAPTER VI – PERSONAL PROPERTY AND FINANCIAL RESOURCES Article 97 Valuables and personal effects 202 Article 98 Financial resources and individual accounts 203 CHAPTER VII – ADMINISTRATION AND DISCIPLINE Article 99 Camp administration Posting of the Convention and of orders Article 100 General discipline Article 101 Complaints and petitions Article 102 Internee committees I Election of members Article 103 II Duties Article 104 III Prerogatives 203 204 204 204 205 205 CHAPTER VIII – RELATIONS WITH THE EXTERIOR Article 105 Notification of measures taken Article 106 Internment card Article 107 Correspondence Article 108 Relief shipments I General principles Article 109 II Collective relief Article 110 III Exemption from postal and transport charges Article 111 Special means of transport Article 112 Censorship and examination Article 113 Execution and transmission of legal documents Article 114 Management of property Article 115 Facilities for preparation and conduct of cases Article 116 Visits 205 206 206 206 207 207 208 208 209 209 209 209 CHAPTER IX – Article 117 Article 118 Article 119 Article 120 Article 121 Article 122 209 210 210 210 211 211 PENAL AND DISCIPLINARY SANCTIONS General provisions Applicable legislation Penalties Disciplinary punishments Escapes Connected offences Investigations Confinement awaiting hearing 0031-0330 irl qxd 2 3 2009 14 20 Page 167 CONTENTS Article 123 Article 124 Article 125 Article 126 Competent authorities Procedure Premises for disciplinary punishments Essential safeguards Provisions applicable to judicial proceedings 167 211 212 212 212 CHAPTER X – TRANSFERS OF INTERNEES Article 127 Conditions 213 Article 128 Method 213 CHAPTER XI – Article 129 Article 130 Article 131 DEATHS Wills Death certificates 214 Burial Cremation 214 Internees killed or injured in special circumstances 215 CHAPTER XII – RELEASE REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES Article 132 During hostilities or occupation Article 133 After the close of hostilities Article 134 Repatriation and return to last place of residence Article 135 Costs 215 215 216 216 SECTION V – Article 136 Article 137 Article 138 Article 139 Article 140 Article 141 216 217 217 217 218 218 Information Bureaux and Central Agency National Bureaux Transmission of information Particulars required Forwarding of personal valuables Central Agency Exemption from charges PART IV Execution of the Convention SECTION I – Article 142 Article 143 Article 144 Article 145 Article 146 Article 147 Article 148 Article 149 General Provisions Relief societies and other organizations Supervision Dissemination of the Convention Translations Rules of application Penal sanctions I General observations II Grave breaches III Responsibilities of the Contracting Parties Enquiry procedure 219 219 220 220 220 221 221 221 0031-0330 irl qxd 168 SECTION II – Article 150 Article 151 Article 152 Article 153 Article 154 Article 155 Article 156 Article 157 Article 158 Article 159 2 3 2009 14 20 Page 168 CONTENTS Final Provisions Languages Signature Ratification Coming into force Relation with the Hague Conventions Accession Notification of accessions Immediate effect Denunciation Registration with the United Nations 221 222 222 222 222 222 222 222 223 223 ANNEX I Draft Agreement relating to Hospital and Safety Zones and Localities 224 ANNEX II Draft Regulations concerning Collective Relief 227 ANNEX III I Internment Card 229 II Letter 230 III Correspondence Card 231 0031-0330 irl qxd 2 3 2009 14 20 Page 169 IV GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF 12 AUGUST 1949 PART I GENERAL PROVISIONS Article 1 — The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances Respect for the Convention1 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 Application of the Convention 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 Conflicts not of an international character 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 1 The marginal notes or titles of articles have been drafted by the Swiss Federal Department of Foreign Affairs 0031-0330 irl qxd 170 2 3 2009 14 20 Page 170 FOURTH GENEVA CONVENTION OF 1949 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 Definition of protected persons ART 4 — Persons protected by the Convention are those who at a given moment and in any manner whatsoever find themselves in case of a conflict or occupation in the hands of persons a Party to the conflict or Occupying Power of which they are not nationals Nationals of a State which is not bound by the Convention are not protected by it Nationals of a neutral State who find themselves in the territory of a belligerent State and nationals of a co-belligerent State shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are The provisions of Part II are however wider in application as defined in Article 13 Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 or by the Geneva Convention for the Amelioration of the Condition of Wounded Sick and Shipwrecked Members of Armed Forces at Sea of August 12 1949 0031-0330 irl qxd 2 3 2009 14 20 Page 171 PROTECTION OF CIVILIAN PERSONS 171 or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12 1949 shall not be considered as protected persons within the meaning of the present Convention ART 5 — Where in the territory of a Party to the conflict the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State such individual person shall not be entitled to claim such rights and privileges under the present Convention as would if exercised in the favour of such individual person be prejudicial to the security of such State Where in occupied territory an individual protected person is detained as a spy or saboteur or as a person under definite suspicion of activity hostile to the security of the Occupying Power such person shall in those cases where absolute military security so requires be regarded as having forfeited rights of communication under the present Convention In each case such persons shall nevertheless be treated with humanity and in case of trial shall not be deprived of the rights of fair and regular trial prescribed by the present Convention They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power as the case may be Derogations ART 6 — The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2 In the territory of Parties to the conflict the application of the present Convention shall cease on the general close of military operations In the case of occupied territory the application of the present Convention shall cease one year after the general close of military operations however the Occupying Power shall be bound for the duration of the occupation to the extent that such Power exercises the functions of government in such territory by the provisions of the following Articles of the present Convention 1 to 12 27 29 to 34 47 49 51 52 53 59 61 to 77 143 Protected persons whose release repatriation or reestablishment may take place after such dates shall meanwhile continue to benefit by the present Convention Beginning and end of application ART 7 — In addition to the agreements expressly provided for in Articles 11 14 15 17 36 108 109 132 133 and 149 the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make Special agreements 0031-0330 irl qxd 172 2 3 2009 14 20 Page 172 FOURTH GENEVA CONVENTION OF 1949 separate provision No special agreement shall adversely affect the situation of protected persons as defined by the present Convention nor restrict the rights which it confers upon them Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict Nonrenunciation of rights ART 8 — Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention and by the special agreements referred to in the foregoing Article if such there be Protecting Powers ART 9 — The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict For this purpose the Protecting Powers may appoint apart from their diplomatic or consular staff delegates from amongst their own nationals or the nationals of other neutral Powers The said delegates shall be subject to the approval of the Power with which they are to carry out their duties The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention They shall in particular take account of the imperative necessities of security of the State wherein they carry out their duties Activities of the International Committee of the Red Cross ART 10 — The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may subject to the consent of the Parties to the conflict concerned undertake for the protection of civilian persons and for their relief Substitutes for Protecting Powers ART 11 — The High Contracting Parties may at any time agree to entrust to an international organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention When persons protected by the present Convention do not benefit or cease to benefit no matter for what reason by the 0031-0330 irl qxd 2 3 2009 14 20 Page 173 PROTECTION OF CIVILIAN PERSONS 173 activities of a Protecting Power or of an organization provided for in the first paragraph above the Detaining Power shall request a neutral State or such an organization to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict If protection cannot be arranged accordingly the Detaining Power shall request or shall accept subject to the provisions of this Article the offer of the services of a humanitarian organization such as the International Committee of the Red Cross to assume the humanitarian functions performed by Protecting Powers under the present Convention Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted even temporarily in its freedom to negotiate with the other Power or its allies by reason of military events more particularly where the whole or a substantial part of the territory of the said Power is occupied Whenever in the present Convention mention is made of a Protecting Power such mention applies to substitute organizations in the sense of the present Article The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation ART 12 — In cases where they deem it advisable in the interest of protected persons particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention the Protecting Powers shall lend their good offices with a view to settling the disagreement For this purpose each of the Protecting Powers may either at the invitation of one Party or on its own initiative propose to the Parties to the conflict a meeting of their representatives and in particular of the authorities responsible for protected persons possibly on neutral territory suitably chosen The Parties to the conflict shall be bound to give effect to the proposals made to them Conciliation procedure 0031-0330 irl qxd 174 2 3 2009 14 20 Page 174 FOURTH GENEVA CONVENTION OF 1949 for this purpose The Protecting Powers may if necessary propose for approval by the Parties to the conflict a person belonging to a neutral Power or delegated by the International Committee of the Red Cross who shall be invited to take part in such a meeting PART II GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR Field of application of Part II ART 13 — The provisions of Part II cover the whole of the populations of the countries in conflict without any adverse distinction based in particular on race nationality religion or political opinion and are intended to alleviate the sufferings caused by war Hospital and safety zones and localities ART 14 — In time of peace the High Contracting Parties and after the outbreak of hostilities the Parties thereto may establish in their own territory and if the need arises in occupied areas hospital and safety zones and localities so organized as to protect from the effects of war wounded sick and aged persons children under fifteen expectant mothers and mothers of children under seven Upon the outbreak and during the course of hostilities the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention with such amendments as they may consider necessary The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities Neutralized zones ART 15 — Any Party to the conflict may either direct or through a neutral State or some humanitarian organization propose to the adverse Party to establish in the regions where fighting is taking place neutralized zones intended to shelter from the effects of war the following persons without distinction a wounded and sick combatants or non-combatants 0031-0330 irl qxd 2 3 2009 14 20 Page 175 PROTECTION OF CIVILIAN PERSONS 175 b civilian persons who take no part in hostilities and who while they reside in the zones perform no work of a military character When the Parties concerned have agreed upon the geographical position administration food supply and supervision of the proposed neutralized zone a written agreement shall be concluded and signed by the representatives of the Parties to the conflict The agreement shall fix the beginning and the duration of the neutralization of the zone ART 16 — The wounded and sick as well as the infirm and expectant mothers shall be the object of particular protection and respect As far as military considerations allow each Party to the conflict shall facilitate the steps taken to search for the killed and wounded to assist the shipwrecked and other persons exposed to grave danger and to protect them against pillage and ill-treatment Wounded and sick ART 17 — The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas of wounded sick infirm and aged persons children and maternity cases and for the passage of ministers of all religions medical personnel and medical equipment on their way to such areas II Evacuation ART 18 — Civilian hospitals organized to give care to the wounded and sick the infirm and maternity cases may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19 Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 but only if so authorized by the State The Parties to the conflict shall in so far as military considerations permit take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land air and naval forces in order to obviate the possibility of any hostile action III Protection of hospitals I General protection 0031-0330 irl qxd 176 2 3 2009 14 20 Page 176 FOURTH GENEVA CONVENTION OF 1949 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 IV Discontinuance of protection of hospitals ART 19 — The protection to which civilian hospitals are entitled shall not cease unless they are used to commit outside their humanitarian duties acts harmful to the enemy Protection may however cease only after due warning has been given naming in all appropriate cases a reasonable time limit and after such warning has remained unheeded The fact that sick or wounded members of the armed forces are nursed in these hospitals or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service shall not be considered to be acts harmful to the enemy V Hospital staff ART 20 — Persons regularly and solely engaged in the operation and administration of civilian hospitals including the personnel engaged in the search for removal and transporting of and caring for wounded and sick civilians the infirm and maternity cases shall be respected and protected In occupied territory and in zones of military operations the above personnel shall be recognizable by means of an identity card certifying their status bearing the photograph of the holder and embossed with the stamp of the responsible authority and also by means of a stamped water-resistant armlet which they shall wear on the left arm while carrying out their duties This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet as provided in and under the conditions prescribed in this Article while they are employed on such duties The identity card shall state the duties on which they are employed The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an upto-date list of such personnel VI Land and sea transport ART 21 — Convoys of vehicles or hospital trains on land or specially provided vessels on sea conveying wounded and sick civilians the infirm and maternity cases shall be respected and 0031-0330 irl qxd 2 3 2009 14 20 Page 177 PROTECTION OF CIVILIAN PERSONS 177 protected in the same manner as the hospitals provided for in Article 18 and shall be marked with the consent of the State by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 ART 22 — Aircraft exclusively employed for the removal of wounded and sick civilians the infirm and maternity cases or for the transport of medical personnel and equipment shall not be attacked but shall be respected while flying at heights times and on routes specifically agreed upon between all the Parties to the conflict concerned They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 Unless agreed otherwise flights over enemy or enemy-occupied territory are prohibited Such aircraft shall obey every summons to land In the event of a landing thus imposed the aircraft with its occupants may continue its flight after examination if any VII Air transport ART 23 — Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party even if the latter is its adversary It shall likewise permit the free passage of all consignments of essential foodstuffs clothing and tonics intended for children under fifteen expectant mothers and maternity cases The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing Consignments of medical supplies food and clothing a that the consignments may be diverted from their destination b that the control may not be effective or c that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the abovementioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material services or facilities as would otherwise be required for the production of such goods The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such 0031-0330 irl qxd 178 2 3 2009 14 20 Page 178 FOURTH GENEVA CONVENTION OF 1949 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 Measures relating to child welfare ART 24 — The Parties to the conflict shall take the necessary measures to ensure that children under fifteen who are orphaned or are separated from their families as a result of the war are not left to their own resources and that their maintenance the exercise of their religion and their education are facilitated in all circumstances Their education shall as far as possible be entrusted to persons of a similar cultural tradition The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power if any and under due safeguards for the observance of the principles stated in the first paragraph They shall furthermore endeavour to arrange for all children under twelve to be identified by the wearing of identity discs or by some other means Family news ART 25 — All persons in the territory of a Party to the conflict or in a territory occupied by it shall be enabled to give news of a strictly personal nature to members of their families wherever they may be and to receive news from them This correspondence shall be forwarded speedily and without undue delay If as a result of circumstances it becomes difficult or impossible to exchange family correspondence by the ordinary post the Parties to the conflict concerned shall apply to a neutral intermediary such as the Central Agency provided for in Article 140 and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions in particular with the co-operation of the National Red Cross Red Crescent Red Lion and Sun Societies If the Parties to the conflict deem it necessary to restrict family correspondence such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words and to the limitation of the number of these forms despatched to one each month Dispersed families ART 26 — Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war with the 0031-0330 irl qxd 2 3 2009 14 20 Page 179 PROTECTION OF CIVILIAN PERSONS 179 object of renewing contact with one another and of meeting if possible It shall encourage in particular the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations PART III STATUS AND TREATMENT OF PROTECTED PERSONS SECTION I PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES ART 27 — Protected persons are entitled in all circumstances to respect for their persons their honour their family rights their religious convictions and practices and their manners and customs They shall at all times be humanely treated and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity Women shall be especially protected against any attack on their honour in particular against rape enforced prostitution or any form of indecent assault Without prejudice to the provisions relating to their state of health age and sex all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are without any adverse distinction based in particular on race religion or political opinion However the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war Treatment ART 28 — The presence of a protected person may not be used to render certain points or areas immune from military operations II Danger zones I General observations 0031-0330 irl qxd 180 2 3 2009 14 20 Page 180 FOURTH GENEVA CONVENTION OF 1949 III Responsibilities ART 29 — The Party to the conflict in whose hands protected persons may be is responsible for the treatment accorded to them by its agents irrespective of any individual responsibility which may be incurred Application to Protecting Powers and relief organizations ART 30 — Protected persons shall have every facility for making application to the Protecting Powers the International Committee of the Red Cross the National Red Cross Red Crescent Red Lion and Sun Society of the country where they may be as well as to any organization that might assist them These several organizations shall be granted all facilities for that purpose by the authorities within the bounds set by military or security considerations Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross provided for by Article 143 the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons Prohibition of coercion ART 31 — No physical or moral coercion shall be exercised against protected persons in particular to obtain information from them or from third parties Prohibition of corporal punishment torture etc ART 32 — The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands This prohibition applies not only to murder torture corporal punishment mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person but also to any other measures of brutality whether applied by civilian or military agents Individual responsibility collective penalties pillage reprisals ART 33 — No protected person may be punished for an offence he or she has not personally committed Collective penalties and likewise all measures of intimidation or of terrorism are prohibited Pillage is prohibited Reprisals against protected persons and their property are prohibited Hostages ART 34 — The taking of hostages is prohibited 0031-0330 irl qxd 2 3 2009 14 20 Page 181 PROTECTION OF CIVILIAN PERSONS 181 SECTION II ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT ART 35 — All protected persons who may desire to leave the territory at the outset of or during a conflict shall be entitled to do so unless their departure is contrary to the national interests of the State The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use If any such person is refused permission to leave the territory he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose Upon request representatives of the Protecting Power shall unless reasons of security prevent it or the persons concerned object be furnished with the reasons for refusal of any request for permission to leave the territory and be given as expeditiously as possible the names of all persons who have been denied permission to leave Right to leave the territory ART 36 — Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety hygiene sanitation and food All costs in connection therewith from the point of exit in the territory of the Detaining Power shall be borne by the country of destination or in the case of accommodation in a neutral country by the Power whose nationals are benefited The practical details of such movements may if necessary be settled by special agreements between the Powers concerned The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands Method of repatriation ART 37 — Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty shall during their confinement be humanely treated As soon as they are released they may ask to leave the territory in conformity with the foregoing Articles Persons in confinement 0031-0330 irl qxd 182 Nonrepatriated persons I General observations 2 3 2009 14 20 Page 182 FOURTH GENEVA CONVENTION OF 1949 ART 38 — With the exception of special measures authorized by the present Convention in particular by Articles 27 and 41 thereof the situation of protected persons shall continue to be regulated in principle by the provisions concerning aliens in time of peace In any case the following rights shall be granted to them 1 They shall be enabled to receive the individual or collective relief that may be sent to them 2 They shall if their state of health so requires receive medical attention and hospital treatment to the same extent as the nationals of the State concerned 3 They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith 4 If they reside in an area particularly exposed to the dangers of war they shall be authorized to move from that area to the same extent as the nationals of the State concerned 5 Children under fifteen years pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned II Means of existence ART 39 — Protected persons who as a result of the war have lost their gainful employment shall be granted the opportunity to find paid employment That opportunity shall subject to security considerations and to the provisions of Article 40 be equal to that enjoyed by the nationals of the Power in whose territory they are Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions the said Party shall ensure his support and that of his dependents Protected persons may in any case receive allowances from their home country the Protecting Power or the relief societies referred to in Article 30 III Employment ART 40 — Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are If protected persons are of enemy nationality they may only be compelled to do work which is normally necessary to ensure the feeding sheltering clothing transport and health of human beings and which is not directly related to the conduct of military operations 0031-0330 irl qxd 2 3 2009 14 20 Page 183 PROTECTION OF CIVILIAN PERSONS 183 In the cases mentioned in the two preceding paragraphs protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers in particular as regards wages hours of labour clothing and equipment previous training and compensation for occupational accidents and diseases If the above provisions are infringed protected persons shall be allowed to exercise their right of complaint in accordance with Article 30 ART 41 — Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate it may not have recourse to any other measure of control more severe than that of assigned residence or internment in accordance with the provisions of Articles 42 and 43 In applying the provisions of Article 39 second paragraph to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III Section IV of this Convention IV Assigned residence Internment ART 42 — The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary If any person acting through the representatives of the Protecting Power voluntarily demands internment and if his situation renders this step necessary he shall be interned by the Power in whose hands he may be V Grounds for internment or assigned residence Voluntary internment ART 43 — Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose If the internment or placing in assigned residence is maintained the court or administrative board shall periodically and at least twice yearly give consideration to his or her case with a view to the favourable amendment of the initial decision if circumstances permit Unless the protected persons concerned object the Detaining Power shall as rapidly as possible give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence or who have been released from internment or assigned residence The decisions of the courts or VI Procedure 0031-0330 irl qxd 184 2 3 2009 14 20 Page 184 FOURTH GENEVA CONVENTION OF 1949 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 ART 44 — In applying the measures of control mentioned in the present Convention the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State refugees who do not in fact enjoy the protection of any government VIII Transfer to another Power ART 45 — Protected persons shall not be transferred to a Power which is not a party to the Convention This provision shall in no way constitute an obstacle to the repatriation of protected persons or to their return to their country of residence after the cessation of hostilities Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention If protected persons are transferred under such circumstances responsibility for the application of the present Convention rests on the Power accepting them while they are in its custody Nevertheless if that Power falls to carry out the provisions of the present Convention in any important respect the Power by which the protected persons were transferred shall upon being so notified by the Protecting Power take effective measures to correct the situation or shall request the return of the protected persons Such request must be complied with In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs The provisions of this Article do not constitute an obstacle to the extradition in pursuance of extradition treaties concluded before the outbreak of hostilities of protected persons accused of offences against ordinary criminal law Cancellation of restrictive measures ART 46 — In so far as they have not been previously withdrawn restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities Restrictive measures affecting their property shall be cancelled in accordance with the law of the Detaining Power as soon as possible after the close of hostilities 0031-0330 irl qxd 2 3 2009 14 20 Page 185 PROTECTION OF CIVILIAN PERSONS 185 SECTION III OCCUPIED TERRITORIES ART 47 — Protected persons who are in occupied territory shall not be deprived in any case or in any manner whatsoever of the benefits of the present Convention by any change introduced as the result of the occupation of a territory into the institutions or government of the said territory nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power nor by any annexation by the latter of the whole or part of the occupied territory Inviolability of rights ART 48 — Protected persons who are not nationals of the Power whose territory is occupied may avail themselves of the right to leave the territory subject to the provisions of Article 35 and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article Special cases of repatriation ART 49 — Individual or mass forcible transfers as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country occupied or not are prohibited regardless of their motive Nevertheless the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased The Occupying Power undertaking such transfers or evacuations shall ensure to the greatest practicable extent that proper accommodation is provided to receive the protected persons that the removals are effected in satisfactory conditions of hygiene health safety and nutrition and that members of the same family are not separated The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies Deportations transfers evacuations 0031-0330 irl qxd 186 2 3 2009 14 20 Page 186 FOURTH GENEVA CONVENTION OF 1949 Children ART 50 — The Occupying Power shall with the co-operation of the national and local authorities facilitate the proper working of all institutions devoted to the care and education of children The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage It may not in any case change their personal status nor enlist them in formations or organizations subordinate to it Should the local institutions be inadequate for the purpose the Occupying Power shall make arrangements for the maintenance and education if possible by persons of their own nationality language and religion of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt Particulars of their parents or other near relatives should always be recorded if available The Occupying Power shall not hinder the application of any preferential measures in regard to food medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years expectant mothers and mothers of children under seven years Enlistment Labour ART 51 — The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces No pressure or propaganda which aims at securing voluntary enlistment is permitted The Occupying Power may not compel protected persons to work unless they are over eighteen years of age and then only on work which is necessary either for the needs of the army of occupation or for the public utility services or for the feeding sheltering clothing transportation or health of the population of the occupied country Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are Every such person shall so far as possible be kept in his usual place of employment Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities The legislation in force in the occupied country concerning working conditions and safeguards as regards in particular such matters as wages hours of work equipment preliminary training and compensation for occupational accidents and diseases shall be 0031-0330 irl qxd 2 3 2009 14 20 Page 187 PROTECTION OF CIVILIAN PERSONS 187 applicable to the protected persons assigned to the work referred to in this Article In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character ART 52 — No contract agreement or regulation shall impair the right of any worker whether voluntary or not and wherever he may be to apply to the representatives of the Protecting Power in order to request the said Power’s intervention All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory in order to induce them to work for the Occupying Power are prohibited Protection of workers ART 53 — Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons or to the State or to other public authorities or to social or co-operative organizations is prohibited except where such destruction is rendered absolutely necessary by military operations Prohibited destruction ART 54 — The Occupying Power may not alter the status of public officials or judges in the occupied territories or in any way apply sanctions to or take any measures of coercion or discrimination against them should they abstain from fulfilling their functions for reasons of conscience This prohibition does not prejudice the application of the second paragraph of Article 51 It does not affect the right of the Occupying Power to remove public officials from their posts Judges and public officials ART 55 — To the fullest extent of the means available to it the Occupying Power has the duty of ensuring the food and medical supplies of the population it should in particular bring in the necessary foodstuffs medical stores and other articles if the resources of the occupied territory are inadequate The Occupying Power may not requisition foodstuffs articles or medical supplies available in the occupied territory except for use by the occupation forces and administration personnel and then only if the requirements of the civilian population have been taken into account Subject to the provisions of other international Conventions the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods The Protecting Power shall at any time be at liberty to verify the state of the food and medical supplies in occupied territories except where temporary restrictions are made necessary by imperative military requirements Food and medical supplies for the population 0031-0330 irl qxd 188 2 3 2009 14 20 Page 188 FOURTH GENEVA CONVENTION OF 1949 Hygiene and public health ART 56 — To the fullest extent of the means available to it the Occupying Power has the duty of ensuring and maintaining with the co-operation of national and local authorities the medical and hospital establishments and services public health and hygiene in the occupied territory with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics Medical personnel of all categories shall be allowed to carry out their duties If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there the occupying authorities shall if necessary grant them the recognition provided for in Article 18 In similar circumstances the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21 In adopting measures of health and hygiene and in their implementation the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory Requisition of hospitals ART 57 — The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population Spiritual assistance ART 58 — The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory Relief ART 59 — If the whole or part of the population of an occupied territory is inadequately supplied the Occupying Power shall agree to relief schemes on behalf of the said population and shall facilitate them by all the means at its disposal Such schemes which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross shall consist in particular of the provision of consignments of foodstuffs medical supplies and clothing I Collective relief 0031-0330 irl qxd 2 3 2009 14 20 Page 189 PROTECTION OF CIVILIAN PERSONS 189 All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall however have the right to search the consignments to regulate their passage according to prescribed times and routes and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power ART 60 — Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55 56 and 59 The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended except in cases of urgent necessity in the interests of the population of the occupied territory and with the consent of the Protecting Power II Responsibilities of the Occupying Power ART 61 — The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power This duty may also be delegated by agreement between the Occupying Power and the Protecting Power to a neutral Power to the International Committee of the Red Cross or to any other impartial humanitarian body Such consignments shall be exempt in occupied territory from all charges taxes or customs duties unless these are necessary in the interests of the economy of the territory The Occupying Power shall facilitate the rapid distribution of these consignments All Contracting Parties shall endeavour to permit the transit and transport free of charge of such relief consignments on their way to occupied territories III Distribution ART 62 — Subject to imperative reasons of security protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them IV Individual relief ART 63 — Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power National Red Cross and other relief societies 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 0031-0330 irl qxd 190 2 3 2009 14 20 Page 190 FOURTH GENEVA CONVENTION OF 1949 b the Occupying Power may not require any changes in the personnel or structure of these societies which would prejudice the aforesaid activities The same principles shall apply to the activities and personnel of special organizations of a non-military character which already exist or which may be established for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services by the distribution of relief and by the organization of rescues Penal legislation I General observations ART 64 — The penal laws of the occupied territory shall remain in force with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention Subject to the latter consideration and to the necessity for ensuring the effective administration of justice the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws The Occupying Power may however subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention to maintain the orderly government of the territory and to ensure the security of the Occupying Power of the members and property of the occupying forces or administration and likewise of the establishments and lines of communication used by them II Publication ART 65 — The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language The effect of these penal provisions shall not be retroactive III Competent courts ART 66 — In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64 the Occupying Power may hand over the accused to its properly constituted non-political military courts on condition that the said courts sit in the occupied country Courts of appeal shall preferably sit in the occupied country IV Applicable provisions ART 67 — The courts shall apply only those provisions of law which were applicable prior to the offence and which are in accordance with general principles of law in particular the principle that the penalty shall be proportionate to the offence They shall 0031-0330 irl qxd 2 3 2009 14 20 Page 191 PROTECTION OF CIVILIAN PERSONS 191 take into consideration the fact that the accused is not a national of the Occupying Power ART 68 — Protected persons who commit an offence which is solely intended to harm the Occupying Power but which does not constitute an attempt on the life or limb of members of the occupying forces or administration nor a grave collective danger nor seriously damage the property of the occupying forces or administration or the installations used by them shall be liable to internment or simple imprisonment provided the duration of such internment or imprisonment is proportionate to the offence committed Furthermore internment or imprisonment shall for such offences be the only measure adopted for depriving protected persons of liberty The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power he is not bound to it by any duty of allegiance In any case the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence V Penalties Death penalty ART 69 — In all cases the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded VI Deduction from sentence of period spent under arrest ART 70 — Protected persons shall not be arrested prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation or during a temporary interruption thereof with the exception of breaches of the laws and customs of war Nationals of the Occupying Power who before the outbreak of hostilities have sought refuge in the territory of the occupied State VII Offences committed before occupation 0031-0330 irl qxd 192 2 3 2009 14 20 Page 192 FOURTH GENEVA CONVENTION OF 1949 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 Penal procedure I General observations ART 71 — No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial Accused persons who are prosecuted by the Occupying Power shall be promptly informed in writing in a language which they understand of the particulars of the charges preferred against them and shall be brought to trial as rapidly as possible The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more it shall be enabled at any time to obtain information regarding the state of such proceedings Furthermore the Protecting Power shall be entitled on request to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons The notification to the Protecting Power as provided for in the second paragraph above shall be sent immediately and shall in any case reach the Protecting Power three weeks before the date of the first hearing Unless at the opening of the trial evidence is submitted that the provisions of this Article are fully complied with the trial shall not proceed The notification shall include the following particulars a description of the accused b place of residence or detention c specification of the charge or charges with mention of the penal provisions under which it is brought d designation of the court which will hear the case e place and date of the first hearing II Right of defence ART 72 — Accused persons shall have the right to present evidence necessary to their defence and may in particular call witnesses They shall have the right to be assisted by a qualified advocate or counsel of their own choice who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence Failing a choice by the accused the Protecting Power may provide him with an advocate or counsel When an accused person 0031-0330 irl qxd 2 3 2009 14 20 Page 193 193 PROTECTION OF CIVILIAN PERSONS has to meet a serious charge and the Protecting Power is not functioning the Occupying Power subject to the consent of the accused shall provide an advocate or counsel Accused persons shall unless they freely waive such assistance be aided by an interpreter both during preliminary investigation and during the hearing in court They shall have the right at any time to object to the interpreter and to ask for his replacement ART 73 — A convicted person shall have the right of appeal provided for by the laws applied by the court He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so The penal procedure provided in the present Section shall apply as far as it is applicable to appeals Where the laws applied by the court make no provision for appeals the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power III Right of appeal ART 74 — Representatives of the Protecting Power shall have the right to attend the trial of any protected person unless the hearing has as an exceptional measure to be held in 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 IV Assistance by the Protecting Power ART 75 — In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence or of an order denying pardon or reprieve V Death sentence 0031-0330 irl qxd 194 2 3 2009 14 20 Page 194 FOURTH GENEVA CONVENTION OF 1949 The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences Treatment of detainees ART 76 — Protected persons accused of offences shall be detained in the occupied country and if convicted they shall serve their sentences therein They shall if possible be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health and which will be at least equal to those obtaining in prisons in the occupied country They shall receive the medical attention required by their state of health They shall also have the right to receive any spiritual assistance which they may require Women shall be confined in separate quarters and shall be under the direct supervision of women Proper regard shall be paid to the special treatment due to minors Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross in accordance with the provisions of Article 143 Such persons shall have the right to receive at least one relief parcel monthly Handing over of detainees at the close of occupation ART 77 — Protected persons who have been accused of offences or convicted by the courts in occupied territory shall be handed over at the close of occupation with the relevant records to the authorities of the liberated territory Security measures Internment and assigned residence Right of appeal ART 78 — If the Occupying Power considers it necessary for imperative reasons of security to take safety measures concerning protected persons it may at the most subject them to assigned residence or to internment Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention This procedure shall include the right of appeal for the parties concerned Appeals shall be decided with the least possible 0031-0330 irl qxd 2 3 2009 14 20 Page 195 PROTECTION OF CIVILIAN PERSONS 195 delay In the event of the decision being upheld it shall be subject to periodical review if possible every six months by a competent body set up by the said Power Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention SECTION IV REGULATIONS FOR THE TREATMENT OF INTERNEES CHAPTER I General Provisions ART 79 — The Parties to the conflict shall not intern protected persons except in accordance with the provisions of Articles 41 42 43 68 and 78 Cases of internment and applicable provisions ART 80 — Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status Civil capacity ART 81 — Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance and to grant them also the medical attention required by their state of health No deduction from the allowances salaries or credits due to the internees shall be made for the repayment of these costs The Detaining Power shall provide for the support of those dependent on the internees if such dependents are without adequate means of support or are unable to earn a living Maintenance ART 82 — The Detaining Power shall as far as possible accommodate the internees according to their nationality language Grouping of internees 0031-0330 irl qxd 196 2 3 2009 14 20 Page 196 FOURTH GENEVA CONVENTION OF 1949 and customs Internees who are nationals of the same country shall not be separated merely because they have different languages Throughout the duration of their internment members of the same family and in particular parents and children shall be lodged together in the same place of internment except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section Internees may request that their children who are left at liberty without parental care shall be interned with them Wherever possible interned members of the same family shall be housed in the same premises and given separate accommodation from other internees together with facilities for leading a proper family life CHAPTER II Places of Internment Location of places of internment Marking of camps ART 83 — The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war The Detaining Power shall give the enemy Powers through the intermediary of the Protecting Powers all useful information regarding the geographical location of places of internment Whenever military considerations permit internment camps shall be indicated by the letters IC placed so as to be clearly visible in the daytime from the air The Powers concerned may however agree upon any other system of marking No place other than an internment camp shall be marked as such Separate internment ART 84 — Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason Accommodation hygiene ART 85 — The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall from the outset of their internment be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health and provide efficient protection against the rigours of the climate and the effects of the war In no case shall permanent places of internment be situated in unhealthy areas or in districts 0031-0330 irl qxd 2 3 2009 14 20 Page 197 PROTECTION OF CIVILIAN PERSONS 197 the climate of which is injurious to the internees In all cases where the district in which a protected person is temporarily interned is in an unhealthy area or has a climate which is harmful to his health he shall be removed to a more suitable place of internment as rapidly as circumstances permit The premises shall be fully protected from dampness adequately heated and lighted in particular between dusk and lights out The sleeping quarters shall be sufficiently spacious and well ventilated and the internees shall have suitable bedding and sufficient blankets account being taken of the climate and the age sex and state of health of the internees Internees shall have for their use day and night sanitary conveniences which conform to the rules of hygiene and are constantly maintained in a state of cleanliness They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry installations and facilities necessary for this purpose shall be granted to them Showers or baths shall also be available The necessary time shall be set aside for washing and for cleaning Whenever it is necessary as an exceptional and temporary measure to accommodate women internees who are not members of a family unit in the same place of internment as men the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory ART 86 — The Detaining Power shall place at the disposal of interned persons of whatever denomination premises suitable for the holding of their religious services Premises for religions services ART 87 — Canteens shall be installed in every place of internment except where other suitable facilities are available Their purpose shall be to enable internees to make purchases at prices not higher than local market prices of foodstuffs and articles of everyday use including soap and tobacco such as would increase their personal well-being and comfort Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment and administered for the benefit of the internees attached to such place of internment The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund When a place of internment is closed down the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality or if such a place does not exist to a central welfare fund which shall be administered Canteens 0031-0330 irl qxd 198 2 3 2009 14 20 Page 198 FOURTH GENEVA CONVENTION OF 1949 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 Air raid shelters Protective measures ART 88 — In all places of internment exposed to air raids and other hazards of war shelters adequate in number and structure to ensure the necessary protection shall be installed In case of alarms the internees shall be free to enter such shelters as quickly as possible excepting those who remain for the protection of their quarters against the aforesaid hazards Any protective measures taken in favour of the population shall also apply to them All due precautions must be taken in places of internment against the danger of fire CHAPTER III Food and Clothing Food ART 89 — Daily food rations for internees shall be sufficient in quantity quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies Account shall also be taken of the customary diet of the internees Internees shall also be given the means by which they can prepare for themselves any additional food in their possession Sufficient drinking water shall be supplied to internees The use of tobacco shall be permitted Internees who work shall receive additional rations in proportion to the kind of labour which they perform Expectant and nursing mothers and children under fifteen years of age shall be given additional food in proportion to their physiological needs Clothing ART 90 — When taken into custody internees shall be given all facilities to provide themselves with the necessary clothing footwear and change of underwear and later on to procure further supplies if required Should any internees not have sufficient clothing account being taken of the climate and be unable to procure any it shall be provided free of charge to them by the Detaining Power 0031-0330 irl qxd 2 3 2009 14 20 Page 199 PROTECTION OF CIVILIAN PERSONS 199 The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule Workers shall receive suitable working outfits including protective clothing whenever the nature of their work so requires CHAPTER IV Hygiene and Medical Attention ART 91 — Every place of internment shall have an adequate infirmary under the direction of a qualified doctor where internees may have the attention they require as well as an appropriate diet Isolation wards shall be set aside for cases of contagious or mental diseases Maternity cases and internees suffering from serious diseases or whose condition requires special treatment a surgical operation or hospital care must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population Internees shall for preference have the attention of medical personnel of their own nationality Internees may not be prevented from presenting themselves to the medical authorities for examination The medical authorities of the Detaining Power shall upon request issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury and the duration and nature of the treatment given A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140 Treatment including the provision of any apparatus necessary for the maintenance of internees in good health particularly dentures and other artificial appliances and spectacles shall be free of charge to the internee Medical attention ART 92 — Medical inspections of internees shall be made at least once a month Their purpose shall be in particular to supervise the general state of health nutrition and cleanliness of internees and to detect contagious diseases especially tuberculosis malaria and venereal diseases Such inspections shall include in particular the checking of weight of each internee and at least once a year radioscopic examination Medical inspections 0031-0330 irl qxd 200 2 3 2009 14 20 Page 200 FOURTH GENEVA CONVENTION OF 1949 CHAPTER V Religious Intellectual and Physical Activities Religious duties ART 93 — Internees shall enjoy complete latitude in the exercise of their religious duties including attendance at the services of their faith on condition that they comply with the disciplinary routine prescribed by the detaining authorities Ministers of religion who are interned shall be allowed to minister freely to the members of their community For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion Should such ministers be too few in number the Detaining Power shall provide them with the necessary facilities including means of transport for moving from one place to another and they shall be authorized to visit any internees who are in hospital Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and as far as possible with the international religious organizations of their faith Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107 It shall however be subject to the provisions of Article 112 When internees do not have at their disposal the assistance of ministers of their faith or should these latter be too few in number the local religious authorities of the same faith may appoint in agreement with the Detaining Power a minister of the internees’ faith or if such a course is feasible from a denominational point of view a minister of similar religion or a qualified layman The latter shall enjoy the facilities granted to the ministry he has assumed Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security Recreation study sports and games ART 94 — The Detaining Power shall encourage intellectual educational and recreational pursuits sports and games amongst internees whilst leaving them free to take part in them or not It shall take all practicable measures to ensure the exercise thereof in particular by providing suitable premises All possible facilities shall be granted to internees to continue their studies or to take up new subjects The education of children and young people shall be ensured they shall be allowed to attend schools either within the place of internment or outside Internees shall be given opportunities for physical exercise sports and outdoor games For this purpose sufficient open spaces 0031-0330 irl qxd 2 3 2009 14 20 Page 201 PROTECTION OF CIVILIAN PERSONS 201 shall be set aside in all places of internment Special playgrounds shall be reserved for children and young people ART 95 — The Detaining Power shall not employ internees as workers unless they so desire Employment which if undertaken under compulsion by a protected person not in internment would involve a breach of Articles 40 or 51 of the present Convention and employment on work which is of a degrading or humiliating character are in any case prohibited After a working period of six weeks internees shall be free to give up work at any moment subject to eight days’ notice These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors dentists and other medical personnel in their professional capacity on behalf of their fellow internees or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks No internee may however be required to perform tasks for which he is in the opinion of a medical officer physically unsuited The Detaining Power shall take entire responsibility for all working conditions for medical attention for the payment of wages and for ensuring that all employed internees receive compensation for occupational accidents and diseases The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations and with the existing practice they shall in no case be inferior to those obtaining for work of the same nature in the same district Wages for work done shall be determined on an equitable basis by special agreements between the internees the Detaining Power and if the case arises employers other than the Detaining Power due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require Internees permanently detailed for categories of work mentioned in the third paragraph of this Article shall be paid fair wages by the Detaining Power The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed shall not be inferior to those applicable to work of the same nature in the same district Working conditions ART 96 — All labour detachments shall remain part of and dependent upon a place of internment The competent authorities Labour detachments 0031-0330 irl qxd 202 2 3 2009 14 20 Page 202 FOURTH GENEVA CONVENTION OF 1949 of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment CHAPTER VI Personal Property and Financial Resources Valuables and personal effects ART 97 — Internees shall be permitted to retain articles of personal use Monies cheques bonds etc and valuables in their possession may not be taken from them except in accordance with established procedure Detailed receipts shall be given therefor The amounts shall be paid into the account of every internee as provided for in Article 98 Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent Articles which have above all a personal or sentimental value may not be taken away A woman internee shall not be searched except by a woman On release or repatriation internees shall be given all articles monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98 with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force If the property of an internee is so withheld the owner shall receive a detailed receipt Family or identity documents in the possession of internees may not be taken away without a receipt being given At no time shall internees be left without identity documents If they have none they shall be issued with special documents drawn up by the detaining authorities which will serve as their identity papers until the end of their internment Internees may keep on their persons a certain amount of money in cash or in the shape of purchase coupons to enable them to make purchases 0031-0330 irl qxd 2 3 2009 14 20 Page 203 PROTECTION OF CIVILIAN PERSONS ART 98 — All internees shall receive regular allowances sufficient to enable them to purchase goods and articles such as tobacco toilet requisites etc Such allowances may take the form of credits or purchase coupons Furthermore internees may receive allowances from the Power to which they owe allegiance the Protecting Powers the organizations which may assist them or their families as well as the income on their property in accordance with the law of the Detaining Power The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees infirm sick pregnant women etc but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention The Detaining Power shall open a regular account for every internee to which shall be credited the allowances named in the present Article the wages earned and the remittances received together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants They may draw from their accounts the amounts necessary for their personal expenses within the limits fixed by the Detaining Power They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts A statement of accounts shall be furnished to the Protecting Power on request and shall accompany the internee in case of transfer 203 Financial resources and individual accounts CHAPTER VII Administration and Discipline ART 99 — Every place of internment shall be put under the authority of a responsible officer chosen from the regular military forces or the regular civil administration of the Detaining Power The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language or one of the official languages of his country and shall be responsible for its application The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application Camp administration Posting of the Convention and of orders 0031-0330 irl qxd 204 2 3 2009 14 20 Page 204 FOURTH GENEVA CONVENTION OF 1949 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 General discipline ART 100 — The disciplinary regime in places of internment shall be consistent with humanitarian principles and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization Identification by tattooing or imprinting signs or markings on the body is prohibited In particular prolonged standing and roll-calls punishment drill military drill and manœuvres or the reduction of food rations are prohibited Complaints and petitions ART 101 — Internees shall have the right to present to the authorities in whose power they are any petition with regard to the conditions of internment to which they are subjected They shall also have the right to apply without restriction through the Internee Committee or if they consider it necessary direct to the representatives of the Protecting Power in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment Such petitions and complaints shall be transmitted forthwith and without alteration and even if the latter are recognized to be unfounded they may not occasion any punishment Periodic reports on the situation in places of internment and as to the needs of the internees may be sent by the Internee Committees to the representatives of the Protecting Powers Internee Committees ART 102 — In every place of internment the internees shall freely elect by secret ballot every six months the members of a Committee empowered to represent them before the Detaining and the Protecting Powers the International Committee of the Red Cross and any other organization which may assist them The members of the Committee shall be eligible for re-election Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned I Election of members 0031-0330 irl qxd 2 3 2009 14 20 Page 205 205 PROTECTION OF CIVILIAN PERSONS ART 103 — The Internee Committees shall further the physical spiritual and intellectual well-being of the internees In case the internees decide in particular to organize a system of mutual assistance amongst themselves this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention II Duties ART 104 — Members of Internee Committees shall not be required to perform any other work if the accomplishment of their duties is rendered more difficult thereby Members of Internee Committees may appoint from amongst the internees such assistants as they may require All material facilities shall be granted to them particularly a certain freedom of movement necessary for the accomplishment of their duties visits to labour detachments receipt of supplies etc All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities the Protecting Powers the International Committee of the Red Cross and their delegates and with the organizations which give assistance to internees Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment Such communications shall not be limited nor considered as forming a part of the quota mentioned in Article 107 Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs III Prerogatives CHAPTER VIII Relations with the Exterior ART 105 — Immediately upon interning protected persons the Detaining Powers shall inform them the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures Notification of measures taken 0031-0330 irl qxd 206 2 3 2009 14 20 Page 206 FOURTH GENEVA CONVENTION OF 1949 Internment card ART 106 — As soon as he is interned or at the latest not more than one week after his arrival in a place of internment and likewise in cases of sickness or transfer to another place of internment or to a hospital every internee shall be enabled to send direct to his family on the one hand and to the Central Agency provided for by Article 140 on the other an internment card similar if possible to the model annexed to the present Convention informing his relatives of his detention address and state of health The said cards shall be forwarded as rapidly as possible and may not be delayed in any way Correspondence ART 107 — Internees shall be allowed to send and receive letters and cards If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee the said number shall not be less than two letters and four cards monthly these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention If limitations must be placed on the correspondence addressed to internees they may be ordered only by the Power to which such internees owe allegiance possibly at the request of the Detaining Power Such letters and cards must be conveyed with reasonable despatch they may not be delayed or retained for disciplinary reasons Internees who have been a long time without news or who find it impossible to receive news from their relatives or to give them news by the ordinary postal route as well as those who are at a considerable distance from their homes shall be allowed to send telegrams the charges being paid by them in the currency at their disposal They shall likewise benefit by this provision in cases which are recognized to be urgent As a rule internees’ mail shall be written in their own language The Parties to the conflict may authorize correspondence in other languages Relief shipments ART 108 — Internees shall be allowed to receive by post or by any other means individual parcels or collective shipments containing in particular foodstuffs clothing medical supplies as well as books and objects of a devotional educational or recreational character which may meet their needs Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention Should military necessity require the quantity of such shipments to be limited due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments I General principles 0031-0330 irl qxd 2 3 2009 14 20 Page 207 PROTECTION OF CIVILIAN PERSONS 207 The conditions for the sending of individual parcels and collective shipments shall if necessary be the subject of special agreements between the Powers concerned which may in no case delay the receipt by the internees of relief supplies Parcels of clothing and foodstuffs may not include books Medical relief supplies shall as a rule be sent in collective parcels ART 109 — In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments the regulations concerning collective relief which are annexed to the present Convention shall be applied The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees to undertake their distribution and to dispose of them in the interests of the recipients Nor shall such agreements restrict the right of representatives of the Protecting Powers the International Committee of the Red Cross or any other organization giving assistance to internees and responsible for the forwarding of collective shipments to supervise their distribution to the recipients II Collective relief ART 110 — All relief shipments for internees shall be exempt from import customs and other dues All matter sent by mail including relief parcels sent by parcel post and remittances of money addressed from other countries to internees or despatched by them through the post office either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140 shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries To this end in particular the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons shall be extended to the other interned persons protected by the present Convention The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances The cost of transporting relief shipments which are intended for internees and which by reason of their weight or any other cause cannot be sent through the post office shall be borne by the Detaining Power in all the territories under its control Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories III Exemption from postal and transport charges 0031-0330 irl qxd 208 2 3 2009 14 20 Page 208 FOURTH GENEVA CONVENTION OF 1949 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 Special means of transport ART 111 — Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106 107 108 and 113 the Protecting Powers concerned the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means rail motor vehicles vessels or aircraft etc For this purpose the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation especially by granting the necessary safe-conducts Such transport may also be used to convey a correspondence lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136 b correspondence and reports relating to internees which the Protecting Powers the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer nor preclude the granting of safe-conducts under mutually agreed conditions to such means of transport The costs occasioned by the use of such means of transport shall be borne in proportion to the importance of the shipments by the Parties to the conflict whose nationals are benefited thereby Censorship and examination ART 112 — The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration It shall be done in the presence of the addressee or of a fellow-internee duly delegated by him The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons shall be only temporary and its duration shall be as short as possible 0031-0330 irl qxd 2 3 2009 14 20 Page 209 209 PROTECTION OF CIVILIAN PERSONS ART 113 — The Detaining Powers shall provide all reasonable facilities for the transmission through the Protecting Power or the Central Agency provided for in Article 140 or as otherwise required of wills powers of attorney letters of authority or any other documents intended for internees or despatched by them In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees in particular by allowing them to consult a lawyer Execution and transmission of legal documents ART 114 — The Detaining Power shall afford internees all facilities to enable them to manage their property provided this is not incompatible with the conditions of internment and the law which is applicable For this purpose the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow Management of property ART 115 — In all cases where an internee is a party to proceedings in any court the Detaining Power shall if he so requests cause the court to be informed of his detention and shall within legal limits ensure that all necessary steps are taken to prevent him from being in any way prejudiced by reason of his internment as regards the preparation and conduct of his case or as regards the execution of any judgment of the court Facilities for preparation and conduct of cases ART 116 — Every internee shall be allowed to receive visitors especially near relatives at regular intervals and as frequently as possible As far as is possible internees shall be permitted to visit their homes in urgent cases particularly in cases of death or serious illness of relatives Visits CHAPTER IX Penal and Disciplinary Sanctions ART 117 — Subject to the provisions of the present Chapter the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment If general laws regulations or orders declare acts committed by internees to be punishable whereas the same acts are not General provisions Applicable legislation 0031-0330 irl qxd 210 2 3 2009 14 20 Page 210 FOURTH GENEVA CONVENTION OF 1949 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 ART 118 — The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged to this end to apply the minimum sentence prescribed Imprisonment in premises without daylight and in general all forms of cruelty without exception are forbidden Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent and of their result Disciplinary punishments ART 119 — The disciplinary punishments applicable to internees shall be the following 1 A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days 2 Discontinuance of privileges granted over and above the treatment provided for by the present Convention 3 Fatigue duties not exceeding two hours daily in connection with the maintenance of the place of internment 4 Confinement In no case shall disciplinary penalties be inhuman brutal or dangerous for the health of internees Account shall be taken of the internee’s age sex and state of health The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days even if the internee is answerable for several breaches of discipline when his case is dealt with whether such breaches are connected or not Escapes ART 120 — Internees who are recaptured after having escaped or when attempting to escape shall be liable only to disciplinary punishment in respect of this act even if it is a repeated offence 0031-0330 irl qxd 2 3 2009 14 20 Page 211 PROTECTION OF CIVILIAN PERSONS 211 Article 118 paragraph 3 notwithstanding internees punished as a result of escape or attempt to escape may be subjected to special surveillance on condition that such surveillance does not affect the state of their health that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention Internees who aid and abet an escape or attempt to escape shall be liable on this count to disciplinary punishment only ART 121 — Escape or attempt to escape even if it is a repeated offence shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature especially in respect of acts committed in connection with an escape whether successful or not Connected offences ART 122 — Acts which constitute offences against discipline shall be investigated immediately This rule shall be applied in particular in cases of escape or attempt to escape Recaptured internees shall be handed over to the competent authorities as soon as possible In case of offences against discipline confinement awaiting trial shall be reduced to an absolute minimum for all internees and shall not exceed fourteen days Its duration shall in any case be deducted from any sentence of confinement The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline Investigations Confinement awaiting hearing ART 123 — Without prejudice to the competence of courts and higher authorities disciplinary punishment may be ordered only by the commandant of the place of internment or by a responsible officer or official who replaces him or to whom he has delegated his disciplinary powers Before any disciplinary punishment is awarded the accused internee shall be given precise information regarding the offences of which he is accused and given an opportunity of explaining his conduct and of defending himself He shall be permitted in particular to call witnesses and to have recourse if necessary to the services of a qualified interpreter The decision shall be announced in the presence of the accused and of a member of the Internee Committee Competent authorities Procedure 0031-0330 irl qxd 212 2 3 2009 14 20 Page 212 FOURTH GENEVA CONVENTION OF 1949 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 Premises for disciplinary punishments ART 124 — Internees shall not in any case be transferred to penitentiary establishments prisons penitentiaries convict prisons etc to undergo disciplinary punishment therein The premises in which disciplinary punishments are undergone shall conform to sanitary requirements they shall in particular be provided with adequate bedding Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women Essential safeguards ART 125 — Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily They shall be allowed if they so request to be present at the daily medical inspections They shall receive the attention which their state of health requires and if necessary shall be removed to the infirmary of the place of internment or to a hospital They shall have permission to read and write likewise to send and receive letters Parcels and remittances of money however may be withheld from them until the completion of their punishment such consignments shall meanwhile be entrusted to the Internee Committee who will hand over to the infirmary the perishable goods contained in the parcels No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention Provisions applicable to judicial proceedings ART 126 — The provisions of Articles 71 to 76 inclusive shall apply by analogy to proceedings against internees who are in the national territory of the Detaining Power 0031-0330 irl qxd 2 3 2009 14 20 Page 213 213 PROTECTION OF CIVILIAN PERSONS CHAPTER X Transfers of Internees ART 127 — The transfer of internees shall always be effected humanely As a general rule it shall be carried out by rail or other means of transport and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station If as an exceptional measure such removals have to be effected on foot they may not take place unless the internees are in a fit state of health and may not in any case expose them to excessive fatigue The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity quality and variety to maintain them in good health and also with the necessary clothing adequate shelter and the necessary medical attention The Detaining Power shall take all suitable precautions to ensure their safety during transfer and shall establish before their departure a complete list of all internees transferred Sick wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them unless their safety imperatively so demands If the combat zone draws close to a place of internment the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety or unless they are exposed to greater risks by remaining on the spot than by being transferred When making decisions regarding the transfer of internees the Detaining Power shall take their interests into account and in particular shall not do anything to increase the difficulties of repatriating them or returning them to their own homes Conditions ART 128 — In the event of transfer internees shall be officially advised of their departure and of their new postal address Such notification shall be given in time for them to pack their luggage and inform their next of kin They shall be allowed to take with them their personal effects and the correspondence and parcels which have arrived for them The weight of such baggage may be limited if the conditions of transfer so require but in no case to less than twenty-five kilograms per internee Mail and parcels addressed to their former place of internment shall be forwarded to them without delay The commandant of the place of internment shall take in agreement with the Internee Committee any measures needed to Method 0031-0330 irl qxd 214 2 3 2009 14 20 Page 214 FOURTH GENEVA CONVENTION OF 1949 ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph CHAPTER XI Deaths Wills Death certificates ART 129 — The wills of internees shall be received for safekeeping by the responsible authorities and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated Deaths of internees shall be certified in every case by a doctor and a death certificate shall be made out showing the causes of death and the conditions under which it occurred An official record of the death duly registered shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140 Burial Cremation ART 130 — The detaining authorities shall ensure that internees who die while interned are honourably buried if possible according to the rites of the religion to which they belonged and that their graves are respected properly maintained and marked in such a way that they can always be recognized Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves Bodies may be cremated only for imperative reasons of hygiene on account of the religion of the deceased or in accordance with his expressed wish to this effect In case of cremation the fact shall be stated and the reasons given in the death certificate of the deceased The ashes shall be retained for safekeeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request As soon as circumstances permit and not later than the close of hostilities the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom the deceased internees depended through the Information Bureaux provided for in Article 136 Such lists shall include all particulars necessary for the 0031-0330 irl qxd 2 3 2009 14 20 Page 215 PROTECTION OF CIVILIAN PERSONS 215 identification of the deceased internees as well as the exact location of their graves ART 131 — Every death or serious injury of an internee caused or suspected to have been caused by a sentry another internee or any other person as well as any death the cause of which is unknown shall be immediately followed by an official enquiry by the Detaining Power A communication on this subject shall be sent immediately to the Protecting Power The evidence of any witnesses shall be taken and a report including such evidence shall be prepared and forwarded to the said Protecting Power If the enquiry indicates the guilt of one or more persons the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible Internees killed or injured in special circumstances CHAPTER XII Release Repatriation and Accommodation in Neutral Countries ART 132 — Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist The Parties to the conflict shall moreover endeavour during the course of hostilities to conclude agreements for the release the repatriation the return to places of residence or the accommodation in a neutral country of certain classes of internees in particular children pregnant women and mothers with infants and young children wounded and sick and internees who have been detained for a long time During hostilities or occupation ART 133 — Internment shall cease as soon as possible after the close of hostilities Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties may be detained until the close of such proceedings and if circumstances require until the completion of the penalty The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty By agreement between the Detaining Power and the Powers concerned committees may be set up after the close of hostilities or of the occupation of territories to search for dispersed internees After the close of hostilities 0031-0330 irl qxd 216 2 3 2009 14 20 Page 216 FOURTH GENEVA CONVENTION OF 1949 Repatriation and return to last place of residence ART 134 — The High Contracting Parties shall endeavour upon the close of hostilities or occupation to ensure the return of all internees to their last place of residence or to facilitate their repatriation Costs ART 135 — The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned or if it took them into custody while they were in transit or on the high seas the cost of completing their journey or of their return to their point of departure Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein such Detaining Power shall pay the cost of the said internee’s repatriation If however the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request If internees are transferred in accordance with Article 45 the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands SECTION V INFORMATION BUREAUX AND CENTRAL AGENCY National Bureaux ART 136 — Upon the outbreak of a conflict and in all cases of occupation each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power Each of the Parties to the conflict shall within the shortest possible period give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks who are subjected to assigned residence or who are interned It shall furthermore require its various 0031-0330 irl qxd 2 3 2009 14 20 Page 217 PROTECTION OF CIVILIAN PERSONS 217 departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons as for example transfers releases repatriations escapes admittances to hospitals births and deaths ART 137 — Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals or to Powers in whose territory they resided through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140 The Bureaux shall also reply to all enquiries which may be received regarding protected persons Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives Even in such a case the information may not be withheld from the Central Agency which upon being notified of the circumstances will take the necessary precautions indicated in Article 140 All communications in writing made by any Bureau shall be authenticated by a signature or a seal Transmission of information ART 138 — The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly The information in respect of each person shall include at least his surname first names place and date of birth nationality last residence and distinguishing characteristics the first name of the father and the maiden name of the mother the date place and nature of the action taken with regard to the individual the address at which correspondence may be sent to him and the name and address of the person to be informed Likewise information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week Particulars required ART 139 — Each national Information Bureau shall furthermore be responsible for collecting all personal valuables left by protected persons mentioned in Article 136 in particular those who have been repatriated or released or who have escaped or died it shall forward the said valuables to those concerned either direct or if necessary through the Central Agency Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to Forwarding of personal valuables 0031-0330 irl qxd 218 2 3 2009 14 20 Page 218 FOURTH GENEVA CONVENTION OF 1949 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 Central Agency ART 140 — A Central Information Agency for protected persons in particular for internees shall be created in a neutral country The International Committee of the Red Cross shall if it deems necessary propose to the Powers concerned the organization of such an Agency which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners 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 Exemption from charges ART 141 — The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail likewise the exemptions provided for in Article 110 and further so far as possible exemption from telegraphic charges or at least greatly reduced rates 0031-0330 irl qxd 2 3 2009 14 20 Page 219 PROTECTION OF CIVILIAN PERSONS 219 PART IV EXECUTION OF THE CONVENTION SECTION I GENERAL PROVISIONS ART 142 — Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need the representatives of religious organizations relief societies or any other organizations assisting the protected persons shall receive from these Powers for themselves or their duly accredited agents all facilities for visiting the protected persons for distributing relief supplies and material from any source intended for educational recreational or religious purposes or for assisting them in organizing their leisure time within the places of internment Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country or they may have an international character The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision on condition however that such limitation shall not hinder the supply of effective and adequate relief to all protected persons The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times Relief societies and other organizations ART 143 — Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are particularly to places of internment detention and work They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses personally or through an interpreter Such visits may not be prohibited except for reasons of imperative military necessity and then only as an exceptional and temporary measure Their duration and frequency shall not be restricted Such representatives and delegates shall have full liberty to select the places they wish to visit The Detaining or Occupying Power the Supervision 0031-0330 irl qxd 220 2 3 2009 14 20 Page 220 FOURTH GENEVA CONVENTION OF 1949 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 Dissemination of the Convention ART 144 — The High Contracting Parties undertake in time of peace as in time of war to disseminate the text of the present Convention as widely as possible in their respective countries and in particular to include the study thereof in their programmes of military and if possible civil instruction so that the principles thereof may become known to the entire population Any civilian military police or other authorities who in time of war assume responsibilities in respect of protected persons must possess the text of the Convention and be specially instructed as to its provisions Translations Rules of application ART 145 — The High Contracting Parties shall communicate to one another through the Swiss Federal Council and during hostilities through the Protecting Powers the official translations of the present Convention as well as the laws and regulations which they may adopt to ensure the application thereof Penal sanctions ART 146 — The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing or ordering to be committed any of the grave breaches of the present Convention defined in the following Article Each High Contracting Party shall be under the obligation to search for persons alleged to have committed or to have ordered to be committed such grave breaches and shall bring such persons regardless of their nationality before its own courts It may also if it prefers and in accordance with the provisions of its own legislation hand such persons over for trial to another High Contracting Party concerned provided such High Contracting Party has made out a prima facie case Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article In all circumstances the accused persons shall benefit by safeguards of proper trial and defence which shall not be less favourable than those provided by Article 105 and those following I General observations 0031-0330 irl qxd 2 3 2009 14 20 Page 221 221 PROTECTION OF CIVILIAN PERSONS of the Geneva Convention relative to the Treatment of Prisoners of War of August 12 1949 ART 147 — Grave breaches to which the preceding Article relates shall be those involving any of the following acts if committed against persons or property protected by the present Convention wilful killing torture or inhuman treatment including biological experiments wilfully causing great suffering or serious injury to body or health unlawful deportation or transfer or unlawful confinement of a protected person compelling a protected person to serve in the forces of a hostile Power or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention taking of hostages and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly II Grave breaches ART 148 — No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article III Responsibilities of the Contracting Parties ART 149 — At the request of a Party to the conflict an enquiry shall be instituted in a manner to be decided between the interested Parties concerning any alleged violation of the Convention If agreement has not been reached concerning the procedure for the enquiry the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed Once the violation has been established the Parties to the conflict shall put an end to it and shall repress it with the least possible delay Enquiry procedure SECTION II FINAL PROVISIONS ART 150 — The present Convention is established in English and in French Both texts are equally authentic The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages Languages 0031-0330 irl qxd 222 2 3 2009 14 20 Page 222 FOURTH GENEVA CONVENTION OF 1949 Signature ART 151 — The present Convention which bears the date of this day is open to signature until February 12 1950 in the name of the Powers represented at the Conference which opened at Geneva on April 21 1949 Ratification ART 152 — The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed or whose accession has been notified Coming into force ART 153 — The present Convention shall come into force six months after not less than two instruments of ratification have been deposited Thereafter it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification Relation with the Hague Conventions ART 154 — 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 ART 155 — From the date of its coming into force it shall be open to any Power in whose name the present Convention has not been signed to accede to this Convention Notification of accessions ART 156 — Accessions shall be notified in writing to the Swiss Federal Council and shall take effect six months after the date on which they are received The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed or whose accession has been notified Immediate effect ART 157 — The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict 0031-0330 irl qxd 2 3 2009 14 20 Page 223 PROTECTION OF CIVILIAN PERSONS 223 ART 158 — Each of the High Contracting Parties shall be at liberty to denounce the present Convention The denunciation shall be notified in writing to the Swiss Federal Council which shall transmit it to the Governments of all the High Contracting Parties The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council However a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded and until after operations connected with the release repatriation and re-establishment of the persons protected by the present Convention have been terminated The denunciation shall have effect only in respect of the denouncing Power It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations as they result from the usages established among civilized peoples from the laws of humanity and the dictates of the public conscience Denunciation ART 159 — The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications accessions and denunciations received by it with respect to the present Convention Registration with the United Nations 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 0031-0330 irl qxd 2 3 2009 14 20 Page 224 ANNEX I DRAFT AGREEMENT RELATING TO HOSPITAL AND SAFETY ZONES AND LOCALITIES ARTICLE 1 — Hospital and safety zones shall be strictly reserved for the persons mentioned in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12 1949 and in Article 14 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12 1949 and for the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled Nevertheless persons whose permanent residence is within such zones shall have the right to stay there ART 2 — No persons residing in whatever capacity in a hospital and safety zone shall perform any work either within or without the zone directly connected with military operations or the production of war material ART 3 — The Power establishing a hospital and safety zone shall take all necessary measures to prohibit access to all persons who have no right of residence or entry therein ART 4 — Hospital and safety zones shall fulfil the following conditions a They shall comprise only a small part of the territory governed by the Power which has established them b They shall be thinly populated in relation to the possibilities of accommodation c They shall be far removed and free from all military objectives or large industrial or administrative establishments d They shall not be situated in areas which according to every probability may become important for the conduct of the war ART 5 — Hospital and safety zones shall be subject to the following obligations a The lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material even in transit b They shall in no case be defended by military means ART 6 — Hospital and safety zones shall be marked by means of oblique red bands on a white ground placed on the buildings and outer precincts 0031-0330 irl qxd 2 3 2009 14 20 Page 225 HOSPITAL AND SAFETY ZONES 225 Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross Red Crescent Red Lion and Sun emblem on a white ground They may be similarly marked at night by means of appropriate illumination ART 7 — The Powers shall communicate to all the High Contracting Parties in peacetime or on the outbreak of hostilities a list of the hospital and safety zones in the territories governed by them They shall also give notice of any new zones set up during hostilities As soon as the adverse Party has received the above-mentioned notification the zone shall be regularly established If however the adverse Party considers that the conditions of the present agreement have not been fulfilled it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said zone or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8 ART 8 — Any Power having recognized one or several hospital and safety zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissions for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement For this purpose members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently They shall be given all facilities for their duties of inspection ART 9 — Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement they shall at once draw the attention of the Power governing the said zone to these facts and shall fix a time limit of five days within which the matter should be rectified They shall duly notify the Power who has recognized the zone If when the time limit has expired the Power governing the zone has not complied with the warning the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone ART 10 — Any Power setting up one or more hospital and safety zones and the adverse Parties to whom their existence has been notified shall nominate or have nominated by the Protecting Powers or by other neutral Powers persons eligible to be members of the Special Commissions mentioned in Articles 8 and 9 ART 11 — In no circumstances may hospital and safety zones be the object of attack They shall be protected and respected at all times by the Parties to the conflict ART 12 — In the case of occupation of a territory the hospital and safety zones therein shall continue to be respected and utilized as such 0031-0330 irl qxd 226 2 3 2009 14 20 Page 226 FOURTH GENEVA CONVENTION OF 1949 – ANNEX I Their purpose may however be modified by the Occupying Power on condition that all measures are taken to ensure the safety of the persons accommodated ART 13 — The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital and safety zones 0031-0330 irl qxd 2 3 2009 14 20 Page 227 ANNEX II DRAFT REGULATIONS CONCERNING COLLECTIVE RELIEF ARTICLE 1 — The Internee Committees shall be allowed to distribute collective relief shipments for which they are responsible to all internees who are dependent for administration on the said Committee’s place of internment including those internees who are in hospitals or in prisons or other penitentiary establishments ART 2 — The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees The issue of medical stores shall however be made for preference in agreement with the senior medical officers and the latter may in hospitals and infirmaries waive the said instructions if the needs of their patients so demand Within the limits thus defined the distribution shall always be carried out equitably ART 3 — Members of Internee Committees shall be allowed to go to the railway stations or other points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as the quality of the goods received and to make out detailed reports thereon for the donors ART 4 — Internee Committees shall be given the facilities necessary for verifying whether the distribution of collective relief in all sub-divisions and annexes of their places of internment has been carried out in accordance with their instructions ART 5 — Internee Committees shall be allowed to complete and to cause to be completed by members of the Internee Committees in labour detachments or by the senior medical officers of infirmaries and hospitals forms or questionnaires intended for the donors relating to collective relief supplies distribution requirements quantities etc Such forms and questionnaires duly completed shall be forwarded to the donors without delay ART 6 — In order to secure the regular distribution of collective relief supplies to the internees in their place of internment and to meet any needs that may arise through the arrival of fresh parties of internees the Internee Committees shall be allowed to create and maintain sufficient reserve stocks of collective relief For this purpose they shall have suitable warehouses at their disposal each warehouse shall be provided with two locks the Internee Committee holding the keys of one lock and the commandant of the place of internment the keys of the other 0031-0330 irl qxd 228 2 3 2009 14 20 Page 228 FOURTH GENEVA CONVENTION OF 1949 – ANNEX II ART 7 — The High Contracting Parties and the Detaining Powers in particular shall so far as is in any way possible and subject to the regulations governing the food supply of the population authorize purchases of goods to be made in their territories for the distribution of collective relief to the internees They shall likewise facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases ART 8 — The foregoing provisions shall not constitute an obstacle to the right of internees to receive collective relief before their arrival in a place of internment or in the course of their transfer nor to the possibility of representatives of the Protecting Power or of the International Committee of the Red Cross or any other humanitarian organization giving assistance to internees and responsible for forwarding such supplies ensuring the distribution thereof to the recipients by any other means they may deem suitable 0031-0330 irl qxd 2 3 2009 14 20 Page 229 ANNEX III 1 Front I INTERNMENT CARD CIVILIAN INTERNEE MAIL Postage free POST CARD IMPORTANT This card must be completed by each internee immediately on being interned and each time his address is altered by reason of transfer to another place of internment or to a hospital CENTRAL INFORMATION AGENCY FOR PROTECTED PERSONS INTERNATIONAL COMMITTEE OF THE RED CROSS 2 Reverse side This card is not the same as the special card which each internee is allowed to send to his relatives Write legibly and in block letters — 1 Nationality 2 Surname 3 First names in full 4 First name of father 5 Date of birth … 6 Place of birth 7 Occupation 8 Address before detention 9 Address of next of kin 10 Interned on or Coming from hospital etc on 11 State of health 12 Present address 13 Date … 14 Signature Strike out what is not applicable Do not add any remarks See explanations on other side of card Size of internment card — 10 x 15 cm 0031-0330 irl qxd 2 3 2009 14 20 Page 230 ANNEX III II LETTER CIVILIAN INTERNEE SERVICE Postage free To Street and number Place of destination in block capitals Province or Department Country in block capitals Internment address Date and place of birth Surname and first names Sender Size of letter — 29 x 15 cm 0031-0330 irl qxd 2 3 2009 14 20 Page 231 ANNEX III 1 Front III CORRESPONDENCE CARD CIVILIAN INTERNEE MAIL Postage free POST CARD To 2 Reverse side Place of destination in block capitals Internment address Date and place of birth Surname and first names Sender Street and number Province or Department Country in block capitals Date Write on the dotted lines only and as legibly as possible Size of correspondence card — 10 x15 cm