Women and War
Women and girls are vulnerable In October 2000, the Security Council unanimously adopted its __________________________________________________________________________________ UNIFEM – Women, Peace & Security Portal – http://www.womenwarpeace.org/issues/displacement/displacement.htm The often cited statistic that as many as 80 per cent of displaced |
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Geneva Convention relative to the
Protection of Civilian Persons in Time of War
Conference for the Establishment of
of Victims of War, held in Geneva
1949
entry into force 21 October
1950
PART I
GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect
and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be
implemented in peacetime, the present Convention shall apply to all cases of
declared war or of any other armed conflict which may arise between two or more
of the High Contracting Parties, even if the state of war is not recognized by
one of them.
The Convention shall also apply to all cases of
partial or total occupation of the territory of a High Contracting Party, even
if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be
a party to the present Convention, the Powers who are parties thereto shall
remain bound by it in their mutual relations. They shall furthermore be bound by
the Convention in relation to the said Power, if the latter accepts and applies
the provisions thereof.
Article 3
In the case of armed conflict not of an
international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to apply, as a
minimum, the following provisions:
1. Persons taking no active part in the
hostilities, including members of armed forces who have laid down their arms and
those placed hors de combat by sickness, wounds, detention, or any other cause,
shall in all circumstances be treated humanely, without any adverse distinction
founded on race, 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.
Article 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 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, or by the Geneva Convention relative to the Treatment of
Prisoners of War of August 12, 1949, shall not be considered as protected
persons within the meaning of the present Convention.
Article 5
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.
Article 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: I to 12, 27, 29 to 34, 47, 49, 51, 52, 53,
59, 61 to 77, and 143.
Protected persons whose release, repatriation or
re-establishment may take place after such dates shall meanwhile continue to
benefit by the present Convention. Article 7
In addition to the agreements expressly provided
for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High
Contracting Parties may conclude other special agreements for all matters
concerning which they may deem it suitable to make separate provision. No
special agreement shall adversely affect the situation of protected persons, as
defined by the present Convention, nor restrict the rights which it confers upon
them.
Protected persons shall continue to have the
benefit of such agreements as long as the Convention is applicable to them,
except where express provisions to the contrary are contained in the aforesaid
or in subsequent agreements, or where more favourable measures have been taken
with regard to them by one or other of the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce
in part or in entirety the rights secured to them by the present Convention, and
by the special agreements referred to in the foregoing Article, if such there
be.
Article 9
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.
Article 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.
Article 11
The High Contracting Parties may at any time agree
to entrust to an organization which offers all guarantees of impartiality and
efficacy the duties incumbent on the Protecting Powers by virtue of the present
Convention.
When persons protected by the present Convention
do not benefit or cease to benefit, no matter for what reason, by the activities
of a Protecting Power or of an organization provided for in the first paragraph
above, the Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the present Convention
by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the
Detaining Power shall request or shall accept, subject to the provisions of this
Article, the offer of the services of a humanitarian organization, such as the
International Committee of the Red Cross, to assume the humanitarian functions
performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by
the Power concerned or offering itself for these purposes, shall be required to
act with a sense of responsibility towards the Party to the conflict on which
persons protected by the present Convention depend, and shall be required to
furnish sufficient assurances that it is in a position to undertake the
appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall
be made by special agreements between Powers one of which is restricted, even
temporarily, in its freedom to negotiate with the other Power or its allies by
reason of military events, more particularly where the whole, or a substantial
part, of the territory of the said Power is occupied.
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 with which the
State of which they are nationals has not normal diplomatic
representation.
Article 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
person, possibly on neutral territory suitably chosen. The Parties to the
conflict shall be bound to give effect to the proposals made to them for this
purpose. The Protecting Powers may, if necessary, propose for approval by the
Parties to the conflict, a person belonging to a neutral Power or delegated by
the International Committee of the Red Cross who shall be invited to take part
in such a meeting.
PART II
GENERAL PROTECTION OF POPULATIONS
AGAINST CERTAIN CONSEQUENCES OF WAR
Article 13
The provisions of Part II cover the whole of the
populations of the countries in conflict, without any adverse distinction based,
in particular, on race, nationality, religion or political opinion, and are
intended to alleviate the sufferings caused by war.
Article 14
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.
Article 15
Any Party to the conflict may, either directly or
through a neutral State or some humanitarian organization, propose to the
adverse Party to establish, in the regions where fighting is taking place,
neutralized zones intended to shelter from the effects of war the following
persons, without distinction:
(a) Wounded and sick combatants or
non-combatants;
(b) Civilian persons who take no part in
hostilities, and who, while they reside in the zones, perform no work of a
military character.
When the Parties concerned have agreed upon the
geographical position, administration, food supply and supervision of the
proposed neutralized zone, a written agreement shall be concluded and signed by
the representatives of the Parties to the conflict. The agreement shall fix the
beginning and the duration of the neutralization of the zone.
Article 16
The wounded and sick, as well as the infirm, and
expectant mothers, shall be the object of particular protection and
respect.
As far as military considerations allow, each
Party to the conflict shall facilitate the steps taken to search for the killed
and wounded, to assist the shipwrecked and other persons exposed to grave
danger, and to protect them against pillage and ill-treatment.
Article 1 7
The Parties to the conflict shall endeavour to
conclude local agreements for the removal from besieged or encircled areas, of
wounded, sick, infirm, and aged persons, children and maternity cases, and for
the passage of ministers of all religions, medical personnel and medical
equipment on their way to such areas.
Article 18
Civilian hospitals organized to give care to the
wounded and sick, the infirm and maternity cases, may in no circumstances be the
object of attack, but shall at all times be respected and protected by the
Parties to the conflict.
States which are Parties to a conflict shall
provide all civilian hospitals with certificates showing that they are civilian
hospitals and that the buildings which they occupy are not used for any purpose
which would deprive these hospitals of protection in accordance with Article
19.
Civilian hospitals shall be marked by means of the
emblem provided for in Article 38 of the Geneva Convention for the Amelioration
of the Condition of the Wounded and Sick in Armed Forces in the Field of August
12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as
military considerations permit, take the necessary steps to make the distinctive
emblems indicating civilian hospitals clearly visible to the enemy land, air and
naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be
exposed by being close to military objectives, it is recommended that such
hospitals be situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are
entitled shall not cease unless they are used to commit, outside their
humanitarian duties, acts harmful to the enemy. Protection may, however, cease
only after due warning has been given, naming, in all appropriate cases, a
reasonable time limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed
forces are nursed in these hospitals, or the presence of small arms and
ammunition taken from such combatants which have not yet been handed to the
proper service, shall not be considered to be acts harmful to the enemy.
Article 20
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
up-to-date list of such personnel.
Article 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 protected in the same manner
as the hospitals provided for in Article 18, and shall be marked, with the
consent of the State, by the display of the distinctive emblem provided for in
Article 38 of the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Article 22
Aircraft exclusively employed for the removal of
wounded and sick civilians, the infirm and maternity cases, or for the transport
of medical personnel and equipment, shall not be attacked, but shall be
respected while flying at heights, times and on routes specifically agreed upon
between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem
provided for in Article 38 of the Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field of August 12,
1949.
Unless agreed otherwise, flights over enemy or
enemy-occupied territory are prohibited.
Such aircraft shall obey every summons to land. In
the event of a landing thus imposed, the aircraft with its occupants may
continue its flight after examination, if any.
Article 23
Each High Contracting Party shall allow the free
passage of all consignments of medical and hospital stores and objects necessary
for religious worship intended only for civilians of another High Contracting
Party, even if the latter is its adversary. It shall likewise permit the free
passage of all consignments of essential foodstuffs, clothing and tonics
intended for children under fifteen, expectant mothers and maternity
cases.
The obligation of a High Contracting Party to
allow the free passage of the consignments indicated in the preceding paragraph
is subject to the condition that this Party is satisfied that there are no
serious reasons for fearing:
(a) That the consignments may be diverted from
their destination;
(b) That the control may not be effective;
or
(c) That a definite advantage may accrue to the
military efforts or economy of the enemy through the substitution of the
above-mentioned consignments for goods which would otherwise be provided or
produced by the
enemy or through the release of such material,
services or facilities as would otherwise be required for the production of such
goods.
The Power which allows the passage of the
consignments indicated in the first paragraph of this Article may make such
permission conditional on the distribution to the persons benefited there by
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.
Article 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.
Article 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 cooperation of the National Red
Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary
to restrict family correspondence, such restrictions shall be confined to the
compulsory use of standard forms containing twenty-five freely chosen words, and
to the limitation of the number of these forms despatched to one each
month.
Article 26
Each Party to the conflict shall facilitate
enquiries made by members of families dispersed owing to the war, with the
object of renewing contact with one another and of meeting, if possible. It
shall encourage, in particular, the work of 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 TEE CONFLICT AND TO OCCUPIED TERRITORIES
Article 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.
Article 28
The presence of a protected person may not be used
to render certain points or areas immune from military operations.
Article 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.
Article 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.
Article 31
No physical or moral coercion shall be exercised
against protected persons, in particular to obtain information from them or from
third parties.
Article 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.
Article 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.
Article 34
The taking of hostages is prohibited.
SECTION 11
ALIENS IN THE TERRITORY OF A PARTY TO THE
CONFLICT
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
Article 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.
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.
Article 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
residences by virtue of a decision placing them in assigned residence elsewhere.
the Detaining Power shall be guided as closely as possible by the standards of
welfare set forth in Part III, Section IV of this Convention.
Article 42
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.
Article 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 boards mentioned in the first paragraph of the
present Article shall also, subject to the same conditions, be notified as
rapidly as possible to the Protecting Power.
Article 44
In applying the measures of control mentioned in
the present Convention, the Detaining Power shall not treat as enemy aliens
exclusively on the basis of their nationality de jure of an enemy State,
refugees who do not, in fact, enjoy the protection of any government.
Article 45
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 fails to carry out the provisions of the
present Convention in any important respect, the Power by which the protected
persons were transferred shall, upon being so notified by the Protecting Power,
take effective measures to correct the situation or shall request the return of
the protected persons. Such request must be complied with.
In no circumstances shall a protected person be
transferred to a country where he or she may have reason to fear persecution for
his or her political opinions or religious beliefs.
The provisions of this Article do not constitute
an obstacle to the extradition, in pursuance of extradition treaties concluded
before the outbreak of hostilities, of protected persons accused of offences
against ordinary criminal law.
Article 46
In so far as they have not been previously
withdrawn, restrictive measures taken regarding protected persons shall be
cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property
shall be cancelled, in accordance with the law of the Detaining Power, as soon
as possible after the close of hostilities.
SECTION 111
OCCUPIED TERRITORIES
Article 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.
Article 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.
Article 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 do 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.
Article 50
The Occupying Power shall, with the cooperation of
the national and local authorities, facilitate the proper working of all
institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps
to facilitate the identification of children and the registration of their
parentage. It may not, in any case, change their personal status, nor enlist
them in formations or organizations subordinate to it.
Should the local institutions be inadequate for
the purpose, the Occupying Power shall make arrangements for the maintenance and
education, if possible by persons of their own nationality, language and
religion, of children who are orphaned or separated from their parents as a
result of the war and who cannot be adequately cared for by a near relative or
friend.
A special section of the Bureau set up in
accordance with Article 136 shall be responsible for taking all necessary steps
to identify children whose identity is in doubt. Particulars of their parents or
other near relatives should always be recorded if available.
The Occupying Power shall not hinder the
application of any preferential measures in regard to food, medical care and
protection against the effects of war, which may have been adopted prior to the
occupation in favour of children under fifteen years, expectant mothers, and
mothers of children under seven years.
Article 51
The Occupying Power may not compel protected
persons to serve in its armed or auxiliary forces. No pressure or propaganda
which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected
persons to work unless they are over eighteen years of age, and then only on
work which is necessary either for the needs of the army of occupation, or for
the public utility services, or for the feeding, sheltering, clothing,
transportation or health of the population of the occupied country. Protected
persons may not be compelled to undertake any work which would involve them in
the obligation of taking part in military operations. The Occupying Power may
not compel protected persons to employ forcible means to ensure the security of
the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied
territory where the persons whose services have been requisitioned are. Every
such person shall, so far as possible, be kept in his usual place of employment.
Workers shall be paid a fair wage and the work shall be proportionate to their
physical and intellectual capacities. The legislation in force in the occupied
country concerning working conditions, and safeguards as regards, in particular,
such matters as wages, hours of work, equipment, preliminary training and
compensation for occupational accidents and diseases, shall be applicable to the
protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a
mobilization of workers in an organization of a military or semi-military
character.
Article 52
No contract, agreement or regulation shall impair
the right of any worker, whether voluntary or not and wherever he may be, to
apply to the representatives of the Protecting Power in order to request the
said Power’s intervention.
All measures aiming at creating unemployment or at
restricting the opportunities offered to workers in an occupied territory, in
order to induce them to work for the Occupying Power, are prohibited.
Article 53
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 cooperative
organizations, is prohibited, except where such destruction is rendered
absolutely necessary by military operations.
Article 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.
Article 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.
Article 56
To the fullest extent of the means available to
it, the Occupying Power has the duty of ensuring and maintaining, with the
cooperation 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
Categories: Releases