Convention (II) for
the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of
Armed Forces at Sea.
Preamble
The
undersigned Plenipotentiaries of the Governments represented at the Diplomatic
Conference held at
Chapter I. General Provisions
Art 1. The High Contracting Parties undertake to respect and to ensure respect
for the present Convention in all circumstances.
Art 2. In addition to the provisions which shall be implemented in peacetime,
the present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of
the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation
to the said Power, if the latter accepts and applies the provisions thereof.
Art 3. In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties, each Party
to the conflict shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated 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 judgement pronounced by a regularly
constituted court, affording all the judicial guarantees which are recognized
as indispensable by civilized peoples.
(2) The wounded, sick and shipwrecked shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour
to bring into force, by means of special agreements, all or part of the other
provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.
Art 4. In case of hostilities between land and naval forces of Parties to the
conflict, the provisions of the present Convention shall apply only to forces
on board ship.
Forces put ashore shall immediately become subject to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field of August 12, 1949.
Art 5. Neutral Powers shall apply by analogy the provisions of the present
Convention to the wounded, sick and shipwrecked, and to members of the medical
personnel and to chaplains of the armed forces of the Parties to the conflict
received or interned in their territory, as well as to dead persons found.
Art 6. In addition to the agreements expressly provided for in Articles 10, 18,
31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other
special agreements for all matters concerning which they may deem it suitable
to make separate provision. No special agreement shall adversely affect the
situation of wounded, sick and shipwrecked persons, of members of the medical
personnel or of chaplains, as defined by the present Convention, nor restrict
the rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and
chaplains, shall continue to have the benefit of such agreements as long as the
Convention is applicable to them, except where express provisions to the
contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard
to them by one or other of the Parties to the conflict.
Art 7. Wounded, sick and shipwrecked persons, as well as members of the medical
personnel and chaplains, may in no circumstances renounce in part or in
entirety the rights secured to them by the present Convention, and by the
special agreements referred to in the foregoing Article, if such there be.
Art 8. The present Convention shall be applied with the cooperation and under
the scrutiny of the Protecting Powers whose duty it is to safeguard the
interests of the Parties to the conflict. For this purpose, the Protecting
Powers may appoint, apart from their diplomatic or consular staff, delegates
from amongst their own nationals or the nationals of other neutral Powers. The
said delegates shall be subject to the approval of the Power with which they
are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the
task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case
exceed their mission under the present Convention. They shall, in particular,
take account of the imperative necessities of security of the State wherein
they carry out their duties. Their activities shall only be restricted as an
exceptional and temporary measure when this is rendered necessary by imperative
military necessities.
Art 9. The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or
any other impartial humanitarian organization may, subject to the consent of
the Parties to the conflict concerned, undertake for the protection of wounded,
sick and shipwrecked persons, medical personnel and chaplains, and for their
relief.
Art 10. The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the
duties incumbent on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not
benefit or cease to benefit, no matter for what reason, by the activities of a
Protecting Power or of an organization provided for in the first paragraph
above, the Detaining Power shall request a neutral State, or such an
organization, to undertake the functions performed under the present Convention
by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request
or shall accept, subject to the provisions of this Article, the offer of the
services of a humanitarian organization, such as the International Committee of
the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by
the present Convention depend, and shall be required to furnish sufficient
assurances that it is in a position to undertake the appropriate functions and
to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements
between Powers one of which is restricted, even temporarily, in its freedom to
negotiate with the other Power or its allies by reason of military events, more
particularly where the whole, or a substantial part, of the territory of the
said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power,
such mention also applies to substitute organizations in the sense of the present
Article.
Art 11. In cases where they deem it advisable in the interest of protected
persons, particularly in cases of disagreement between the Parties to the
conflict as to the application or interpretation of the provisions of the
present Convention, the Protecting Powers shall lend their good offices with a
view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation
of one Party or on its own initiative, propose to the Parties to the conflict a
meeting of their representatives, in particular of the authorities responsible
for the wounded, sick and shipwrecked, medical personnel and chaplains,
possibly on neutral territory suitably chosen. The Parties to the conflict
shall be bound to give effect to the proposals made to them for this purpose.
The Protecting Powers may, if necessary, propose for approval by the Parties to
the conflict, a person belonging to a neutral Power or delegated by the
International Committee of the Red Cross, who shall be invited to take part in
such a meeting.
Chapter II. Wounded, Sick and Shipwrecked
Art 12. Members of the armed forces and other persons mentioned in the
following Article, who are at sea and who are wounded, sick or shipwrecked,
shall be respected and protected in all circumstances, it being understood that
the term "shipwreck" means shipwreck from any cause and includes
forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the
conflict in whose power they may be, without any adverse distinction founded on
sex, race, nationality, religion, political opinions, or any other similar
criteria. Any attempts upon their lives, or violence to their persons, shall be
strictly prohibited; in particular, they shall not be murdered or exterminated,
subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor
shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment
to be administered.
Women shall be treated with all consideration due to their sex.
Art 13. The present Convention shall apply to the wounded, sick and shipwrecked
at sea belonging to the following categories:
(1) Members of the armed forces of a Party to the conflict, as well as members
of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including
those of organized resistance movements, belonging to a Party to the conflict
and operating in or outside their own territory, even if this territory is
occupied, provided that such militias or volunteer corps, including such
organized resistance movements, fulfil the following
conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs
of war.
(3) Members of regular armed forces who profess allegiance to a Government or
an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war
correspondents, supply contractors, members of labour
units or of services responsible for the welfare of the armed forces, provided
that they have received authorization from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the
merchant marine and the crews of civil aircraft of the Parties to the conflict,
who do not benefit by more favourable treatment under
any other provisions of international law.
(6) Inhabitants of a non-occupied territory who, on the approach of the enemy,
spontaneously take up arms to resist the invading forces, without having had
time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war.
Art 14. All warships of a belligerent Party shall have the right to demand that
the wounded, sick or shipwrecked on board military hospital ships, and hospital
ships belonging to relief societies or to private individuals, as well as
merchant vessels, yachts and other craft shall be surrendered, whatever their
nationality, provided that the wounded and sick are in a fit state to be moved
and that the warship can provide adequate facilities for necessary medical
treatment.
Art 15. If wounded, sick or shipwrecked persons are taken on board a neutral
warship or a neutral military aircraft, it shall be ensured, where so required
by international law, that they can take no further part in operations of war.
Art 16. Subject to the provisions of Article 12, the wounded, sick and
shipwrecked of a belligerent who fall into enemy hands shall be prisoners of
war, and the provisions of international law concerning prisoners of war shall
apply to them. The captor may decide, according to circumstances, whether it is
expedient to hold them, or to convey them to a port in the captor's own
country, to a neutral port or even to a port in enemy territory. In the last
case, prisoners of war thus returned to their home country may not serve for
the duration of the war.
Art 17. Wounded, sick or shipwrecked persons who are landed in neutral ports
with the consent of the local authorities, shall, failing arrangements to the
contrary between the neutral and the belligerent Powers, be so guarded by the
neutral Power, where so required by international law, that the said persons
cannot again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power
on whom the wounded, sick or shipwrecked persons depend.
Art 18. After each engagement, Parties to the conflict shall, without delay,
take all possible measures to search for and collect the shipwrecked, wounded
and sick, to protect them against pillage and ill-treatment, to ensure their
adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local
arrangements for the removal of the wounded and sick by sea from a besieged or
encircled area and for the passage of medical and religious personnel and
equipment on their way to that area.
Art 19. The Parties to the conflict shall record as soon as possible, in
respect of each shipwrecked, wounded, sick or dead person of the adverse Party
falling into their hands, any particulars which may assist in his
identification. These records should if possible include:
(a) designation of the Power on which he depends;
(b) army, regimental, personal or serial number;
(c) surname;
(d) first name or names;
(e) date of birth;
(f) any other particulars shown on his identity card or disc;
(g) date and place of capture or death;
(h) particulars concerning wounds or illness, or cause of death.
As soon as possible the above-mentioned information shall be forwarded to the
information bureau described in Article 122 of the Geneva Convention relative
to the Treatment of Prisoners of War of August 12, 1949, which shall transmit
this information to the Power on which these persons depend through the
intermediary of the Protecting Power and of the Central Prisoners of War
Agency.
Parties to the conflict shall prepare and forward to each other through the
same bureau, certificates of death or duly authenticated lists of the dead.
They shall likewise collect and forward through the same bureau one half of the
double identity disc, or the identity disc itself if it is a single disc, last
wills or other documents of importance to the next of kin, money and in general
all articles of an intrinsic or sentimental value, which are found on the dead.
These articles, together with unidentified articles, shall be sent in sealed
packets, accompanied by statements giving all particulars necessary for the
identification of the deceased owners, as well as by a complete list of the
contents of the parcel.
Art 20. Parties to the conflict shall ensure that burial at sea of the dead,
carried out individually as far as circumstances permit, is
preceded by a careful examination, if possible by a medical examination, of the
bodies, with a view to confirming death, establishing identity and enabling a
report to be made. Where a double identity disc is used, one half of the disc
should remain on the body.
If dead persons are landed, the provisions of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949 shall be applicable.
Art 21. The Parties to the conflict may appeal to the charity of commanders of
neutral merchant vessels, yachts or other craft, to take on board and care for
wounded, sick or shipwrecked persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own
accord collected wounded, sick or shipwrecked persons, shall enjoy special
protection and facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in the
absence of any promise to the contrary, they shall remain liable to capture for
any violations of neutrality they may have committed.
Chapter III. Hospital Ships
Art 22. Military hospital ships, that is to say, ships built or equipped
by the Powers specially and solely with a view to assisting the wounded, sick
and shipwrecked, to treating them and to transporting them, may in no
circumstances be attacked or captured, but shall at all times be respected and
protected, on condition that their names and descriptions have been notified to
the Parties to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include registered
gross tonnage, the length from stem to stern and the number of masts and
funnels.
Art 23. Establishments ashore entitled to the protection of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949 shall be protected from
bombardment or attack from the sea.
Art 24. Hospital ships utilized by National Red Cross Societies, by officially
recognized relief societies or by private persons shall have the same
protection as military hospital ships and shall be exempt from capture, if the
Party to the conflict on which they depend has given them an official
commission and in so far as the provisions of Article 22 concerning
notification have been complied with.
These ships must be provided with certificates from the responsible
authorities, stating that the vessels have been under their control while
fitting out and on departure.
Art 25. Hospital ships utilized by National Red Cross Societies, officially
recognized relief societies, or private persons of neutral countries shall have
the same protection as military hospital ships and shall be exempt from
capture, on condition that they have placed themselves under the control of one
of the Parties to the conflict, with the previous consent of their own
governments and with the authorization of the Party to the conflict concerned,
in so far as the provisions of Article 22 concerning notification have been
complied with.
Art 26. The protection mentioned in Articles 22, 24 and 25 shall apply to
hospital ships of any tonnage and to their lifeboats, wherever they are
operating. Nevertheless, to ensure the maximum comfort and security, the
Parties to the conflict shall endeavour to utilize,
for the transport of wounded, sick and shipwrecked over long distances and on
the high seas, only hospital ships of over 2,000 tons gross.
Art 27. Under the same conditions as those provided for in Articles 22 and 24,
small craft employed by the State or by the officially recognized lifeboat
institutions for coastal rescue operations, shall also be respected and
protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used
exclusively by these craft for their humanitarian missions.
Art 28. Should fighting occur on board a warship, the sick-bays shall be
respected and spared as far as possible. Sick-bays and their equipment shall
remain subject to the laws of warfare, but may not be diverted from their
purpose so long as they are required for the wounded and sick. Nevertheless,
the commander into whose power they have fallen may, after ensuring the proper
care of the wounded and sick who are accommodated therein, apply them to other
purposes in case of urgent military necessity.
Art 29. Any hospital ship in a port which falls into the hands of the enemy
shall be authorized to leave the said port.
Art 30. The vessels described in Articles 22, 24, 25 and 27 shall afford relief
and assistance to the wounded, sick and shipwrecked without distinction of
nationality.
The High Contracting Parties undertake not to use these vessels for any
military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Art 31. The Parties to the conflict shall have the right to control and search
the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance
from these vessels, order them off, make them take a certain course, control
the use of their wireless and other means of communication, and even detain
them for a period not exceeding seven days from the time of interception, if
the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see
that orders given in virtue of the provisions of the preceding paragraph are
carried out.
As far as possible, the Parties to the conflict shall enter in the log of the
hospital ship in a language he can understand, the orders they have given the
captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements,
put on board their ships neutral observers who shall verify the strict
observation of the provisions contained in the present Convention.
Art 32. Vessels described in Articles 22, 24, 25 and 27 are not classed as
warships as regards their stay in a neutral port.
Art 33. Merchant vessels which have been transformed into hospital ships cannot
be put to any other use throughout the duration of hostilities.
Art 34. The protection to which hospital ships and sick-bays are entitled shall
not cease unless they are used to commit, outside their humanitarian duties,
acts harmful to the enemy. Protection may, however, cease only after due
warning has been given, naming in all appropriate cases a reasonable time
limit, and after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their
wireless or other means of communication.
Art 35. The following conditions shall not be considered as depriving hospital
ships or sick-bays of vessels of the protection due to them:
(1) The fact that the crews of ships or sick-bays are
armed for the maintenance of order, for their own defence
or that of the sick and wounded.
(2) The presence on board of apparatus exclusively intended to facilitate
navigation or communication.
(3) The discovery on board hospital ships or in sick-bays of portable arms and
ammunition taken from the wounded, sick and shipwrecked and not yet handed to
the proper service.
(4) The fact that the humanitarian activities of hospital ships and sick-bays
of vessels or of the crews extend to the care of wounded, sick or shipwrecked
civilians.
(5) The transport of equipment and of personnel intended exclusively for medical
duties, over and above the normal requirements.
Chapter IV. Personnel
Art 36. The religious, medical and hospital personnel of hospital ships
and their crews shall be respected and protected; they may not be captured
during the time they are in the service of the hospital ship, whether or not
there are wounded and sick on board.
Art 37. The religious, medical and hospital personnel assigned to the medical
or spiritual care of the persons designated in Articles 12 and 13 shall, if
they fall into the hands of the enemy, be respected and protected; they may
continue to carry out their duties as long as this is necessary for the care of
the wounded and sick. They shall afterwards be sent back as soon as the
Commander-in-Chief, under whose authority they are, considers it practicable.
They may take with them, on leaving the ship, their personal property.
If, however, it prove necessary to retain some of this
personnel owing to the medical or spiritual needs of prisoners of war,
everything possible shall be done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field of August 12, 1949.
Chapter V. Medical Transports
Art 38. Ships chartered for that purpose shall be authorized to
transport equipment exclusively intended for the treatment of wounded and sick
members of armed forces or for the prevention of disease, provided that the
particulars regarding their voyage have been notified to the adverse Power and
approved by the latter. The adverse Power shall preserve the right to board the
carrier ships, but not to capture them or seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be
placed on board such ships to verify the equipment carried. For this purpose,
free access to the equipment shall be given.
Art 39. Medical aircraft, that is to say, aircraft exclusively employed for the
removal of the wounded, sick and shipwrecked, and for the transport of medical
personnel and equipment, may not be the object of attack, but shall be
respected by the Parties to the conflict, while flying at heights, at times and
on routes specifically agreed upon between the Parties to the conflict
concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article
41, together with their national colours, on their
lower, upper and lateral surfaces. They shall be provided with any other
markings or means of identification which may be agreed upon between the
Parties to the conflict upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are
prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the
event of having thus to alight, the aircraft with its occupants may continue
its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or
enemy-occupied territory, the wounded, sick and shipwrecked, as well as the
crew of the aircraft shall be prisoners of war. The medical personnel shall be
treated according to Articles 36 and 37.
Art 40. Subject to the provisions of the second paragraph, medical aircraft of
Parties to the conflict may fly over the territory of neutral Powers, land
thereon in case of necessity, or use it as a port of call. They shall give
neutral Powers prior notice of their passage over the said territory, and obey
every summons to alight, on land or water. They will be immune from attack only
when flying on routes, at heights and at times specifically agreed upon between
the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the
passage or landing of medical aircraft on their territory. Such possible
conditions or restrictions shall be applied equally to all Parties to the
conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the
conflict, the wounded, sick or shipwrecked who are disembarked with the consent
of the local authorities on neutral territory by medical aircraft shall be
detained by the neutral Power, where so required by international law, in such
a manner that they cannot again take part in operations of war. The cost of
their accommodation and internment shall be borne by the Power on which they
depend.
Chapter VI. The Distinctive Emblem
Art 41. Under the direction of the competent military authority, the emblem of
the red cross on a white ground shall be displayed on the flags, armlets and on
all equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of
the red cross, the red crescent or the red lion and sun on a white ground,
these emblems are also recognized by the terms of the present Convention.
Art 42. The personnel designated in Articles 36 and 37 shall wear, affixed to
the left arm, a water-resistant armlet bearing the distinctive emblem, issued
and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article
19, shall also carry a special identity card bearing the distinctive emblem.
This card shall be water-resistant and of such size that it can be carried in
the pocket. It shall be worded in the national language, shall mention at least
the surname and first names, the date of birth, the rank and the service number
of the bearer, and shall state in what capacity he is entitled to the
protection of the present Convention. The card shall bear the photograph of the
owner and also either his signature or his fingerprints or both. It shall be
embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far
as possible, of a similar type in the armed forces of the High Contracting
Parties. The Parties to the conflict may be guided by the model which is
annexed, by way of example, to the present Convention. They shall inform each
other, at the outbreak of hostilities, of the model they are using. Identity
cards should be made out, if possible, at least in duplicate, one copy being
kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or
identity cards nor of the right to wear the armlet. In case of loss they shall
be entitled to receive duplicates of the cards and to have the insignia
replaced.
Art 43. The ships designated in Articles 22, 24, 25 and 27 shall be
distinctively marked as follows:
(a) All exterior surfaces shall be white.
(b) One or more dark red crosses, as large as possible, shall be painted and
displayed on each side of the hull and on the horizontal surfaces, so placed as
to afford the greatest possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag
and further, if they belong to a neutral state, the flag of the Party to the
conflict whose direction they have accepted. A white flag with a red cross
shall be flown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and au small craft used by the
Medical Service shall be painted white with dark red crosses prominently
displayed and shall, in general, comply with the identification system
prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night and in
times of reduced visibility the protection to which they are entitled, must,
subject to the assent of the Party to the conflict under whose power they are,
take the necessary measures to render their painting and distinctive emblems
sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally detained
by the enemy, must haul down the flag of the Party to the conflict in whose
service they are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the
Occupying Power from a base which is occupied, may be allowed, when away from
their base, to continue to fly their own national colours
along with a flag carrying a red cross on a white ground, subject to prior
notification to all the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply
equally to the other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour
to conclude mutual agreements in order to use the most modern methods available
to facilitate the identification of hospital ships.
Art 44. The distinguishing signs referred to in Article 43 can only be used,
whether in time of peace or war, for indicating or protecting the ships therein
mentioned, except as may be provided in any other international Convention or
by agreement between all the Parties to the conflict concerned.
Art 45. The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at all
times, of any abuse of the distinctive signs provided for under Article 43.
Chapter VII. Execution of the Convention
Art 46. Each Party to the conflict, acting through its Commanders-in-Chief,
shall ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
Art 47. Reprisals against the wounded, sick and shipwrecked persons, the
personnel, the vessels or the equipment protected by the Convention are
prohibited.
Art 48. The High Contracting Parties undertake, in time of peace as in time of
war, to disseminate the text of the present Convention as widely as possible in
their respective countries, and, in particular, to include the study thereof in
their programmes of military and, if possible, civil
instruction, so that the principles thereof may become known to the entire
population, in particular to the armed fighting forces, the medical personnel
and the chaplains.
Art 49. The High Contracting Parties shall communicate to one another through
the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the
laws and regulations which they may adopt to ensure the application thereof.
Chapter VIII. Repression of Abuses and Infractions
Art 50. The High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing, or
ordering to be committed, any of the grave breaches of the present Convention
defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality, before
its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has made
out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than the
grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper
trial and defence, which shall not be less favourable than those provided by Article 105 and those
following of the Geneva Convention relative to the Treatment of Prisoners of
War of August 12, 1949.
Art 51. Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the Convention: wilful killing, torture
or inhuman treatment, including biological experiments, wilfully
causing great suffering or serious injury to body or health, and extensive
destruction and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly.
Art 52. No High Contracting Party shall be allowed to absolve itself or any
other High Contracting Party of any liability incurred by itself or by another
High Contracting Party in respect of breaches referred to in the preceding
Article.
Art 53. At the request of a Party to the conflict, an enquiry shall be
instituted, in a manner to be decided between the interested Parties,
concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the
Parties should agree on the choice of an umpire, who will decide upon the
procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put
an end to it and shall repress it with the least possible delay.
Final Provisions
Art 54. The present Convention is established in English and in French. Both
texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
Art 55. The present Convention, which bears the date of this day, is open to
signature until February 12, 1950, in the name of the Powers represented at the
Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not
represented at that Conference, but which are parties to the Xth Hague Convention of October 13, 1907 for the adaptation
to Maritime Warfare of the Principles of the Geneva Convention of 1906, or to
the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and
Sick in Armies in the Field.
Art 56. The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at
A record shall be drawn up of the deposit of each instrument of ratification
and certified copies of this record shall be transmitted by the Swiss Federal
Council to all the Powers in whose name the Convention has been signed, or
whose accession has been notified.
Art 57. The present Convention shall come into force six months after not less
than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months
after the deposit of the instrument of ratification.
Art 58. The present Convention replaces the Xth Hague
Convention of October 18, 1907, for the adaptation to Maritime Warfare of the
principles of the Geneva Convention of 1906, in relations between the High
Contracting Parties.
Art 59. From the date of its coming into force, it shall be open to any Power
in whose name the present Convention has not been signed, to accede to this
Convention.
Art 60. Accessions shall be notified in writing to the Swiss Federal Council,
and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in
whose name the Convention has been signed, or whose accession has been
notified.
Art 61. The situations provided for in Articles 2 and 3 shall give immediate
effect to ratifications deposited and accessions notified by the Parties to the
conflict before or after the beginning of hostilities or occupation. The Swiss
Federal Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
Art 62. Each of the High Contracting Parties shall be at liberty to denounce
the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has
been made to the Swiss Federal Council. However, a denunciation of which
notification has been made at a time when the denouncing Power is involved in a
conflict shall not take effect until peace has been concluded, and until after
operations connected with the release and repatriation of the persons protected
by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It
shall in no way impair the obligations which the Parties to the conflict shall
remain bound to fulfil by virtue of the principles of
the law of nations, as they result from the usages established among civilized
peoples, from the laws of humanity and the dictates of the public conscience.
Art 63. The Swiss Federal Council shall register the present Convention with
the Secretariat of the United Nations. The Swiss Federal Council shall also
inform the Secretariat of the United Nations of all ratifications, accessions
and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at
Annex
Identity Card for Members of Medical and Religious Personnel attached to the
Armed Forces at Sea
