Convention (IV)
relative to the Protection of Civilian Persons in Time of War.
Preamble
The
undersigned Plenipotentiaries of the Governments represented at the Diplomatic
Conference held at
Part I. General Provisions
Article 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 peace-time,
the present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of
the territory of a High Contracting Party, even if the said occupation meets
with no armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in
their mutual relations. They shall furthermore be bound by the Convention in
relation to the said Power, if the latter accepts and applies the provisions
thereof.
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 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.
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 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
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 12 August 1949, or by
the Geneva Convention for the Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by the
Geneva Convention relative to the Treatment of Prisoners of War of 12 August
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.
Art. 6. The present Convention shall apply from the outset of any conflict or
occupation mentioned in Article 2.
In the
In the case of occupied territory, the application of the present Convention
shall cease one year after the general close of military operations; however,
the Occupying Power shall be bound, for the duration of the occupation, to the
extent that such Power exercises the functions of government in such territory,
by the provisions of the following Articles of the present Convention: 1 to 12,
27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establishment may take
place after such dates shall meanwhile continue to benefit by the present
Convention.
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 separate provision. No special agreement shall
adversely affect the situation of protected persons, as defined by the present
Convention, not 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.
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.
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.
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.
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 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 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
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.
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.
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;
(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.
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.
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 12 August 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.
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 been handed to the proper service, shall not be
considered to be acts harmful to the enemy.
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 12 August 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.
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 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 12 August 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 12 August 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.
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:
(a) that the consignments may be diverted from their destination,
(b) that the control may not be effective, or
(c) that a definite advantage may accrue to the military efforts or economy of
the enemy through the substitution of the above-mentioned consignments for goods
which would otherwise be provided or produced by the enemy or through the
release of such material, services or facilities as would otherwise be required
for the production of such goods.
The Power which allows the passage of the consignments indicated in the first
paragraph of this Article may make such permission conditional on the
distribution to the persons benefited thereby being made under the local
supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power
which permits their free passage shall have the right to prescribe the
technical arrangements under which such passage is allowed.
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.
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 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.
Art. 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 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.
Art. 28. The presence of a protected person may not be used to render certain
points or areas immune from military operations.
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.
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.
Art. 31. No physical or moral coercion shall be exercised against protected
persons, in particular to obtain information from them or from third parties.
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 punishments,
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.
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.
Art. 34. The taking of hostages is prohibited.
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 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.
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.
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.
Art. 38. With the exception of special measures authorized by the present
Convention, in particularly by Article 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.
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.
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.
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.
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.
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 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.
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.
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 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.
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.
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.
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.
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.
Art. 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.
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 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.
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 cooperative organizations, is
prohibited, except where such destruction is rendered absolutely necessary by
military operations.
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.
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.
Art. 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 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.
Art. 57. The Occupying Power may requisition civilian hospitals of 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.
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.
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.
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.
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.
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.
Art. 63. Subject to temporary and exceptional measures imposed for urgent
reasons of security by the Occupying Power:
(a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies
shall be able to pursue their activities in accordance with Red Cross
principles, as defined by the International Red Cross Conferences. Other relief
societies shall be permitted to continue their humanitarian activities under
similar conditions;
(b) the Occupying Power may not require any changes in the personnel or
structure of these societies, which would prejudice the aforesaid activities.
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.
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.
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.
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.
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 take into consideration the fact 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 against 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 on a protected person who
was under eighteen years of age at the time of the offence.
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 of awarded.
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, 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.
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.
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 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.
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 judgement 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 judgements 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 judgement has been received 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 a
least six months from the date of receipt by the Protecting Power of the
notification of the final judgment confirming such death sentence, or of an
order denying pardon or reprieve.
The six months period of suspension of the death sentence 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.
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.
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.
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 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.
Art. 80. Internees shall retain their full civil capacity and shall exercise
such attendant rights as may be compatible with their status.
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.
Art.82. The Detaining Power shall, as far as possible, accommodate the
internees according to their nationality, language and customs. Internees who
are nationals of the same country shall not be separated merely because they
have different languages.
Throughout the duration of their internment, members of the same family, and in
particular parents and children, shall be lodged together in the same place of
internment, except when separation of a temporary nature is necessitated for
reasons of employment or health or for the purposes of enforcement of the
provisions of Chapter IX of the present Section. Internees may request that
their children who are left at liberty without parental care shall be interned
with them.
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
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.
Art.84. Internees shall be accommodated and administered separately from
prisoners of war and from persons deprived of liberty for any other reason.
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, 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.
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 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.
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 measures 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
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.
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.
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.
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.
Chapter V. Religious, Intellectual and Physical Activities
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.
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 exercice 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 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 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.
Art.96. All labour detachments shall remain part of and dependent upon a place
of internment. The competent authorities of the Detaining Power and the
commandant of a place of internment shall be responsible for the observance in
a labour detachment of the provisions of the present Convention. The commandant
shall keep an up-to-date list of the labour detachments subordinate to him and
shall communicate it to the delegates of the Protecting Power, of the
International Committee of the Red Cross and of other humanitarian
organizations who may visit the places of internment.
Chapter VI. Personal Property and Financial Resources
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.
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 o~e 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.
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.
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.
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 manoeuvres, or the reduction of food rations, are prohibited.
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.
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.
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.
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.
Chaper 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.
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.
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.
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.
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.
Art. 110. An relief shipments for internees shall be exempt from import,
customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and
remittances of money, addressed from other countries to internees or despatched
by them through the post office, either direct or through the Information
Bureaux provided for in Article 136 and the Central Information Agency provided
for in Article 140, shall be exempt from all postal dues both in the countries
of origin and destination and in intermediate countries. To this end, in
particular, the exemption provided by the Universal Postal Convention of 1947
and by the agreements of the Universal Postal Union in favour of civilians of
enemy nationality detained in camps or civilian prisons, shall be extended to
the other interned persons protected by the present Convention. The countries
not signatory to the above-mentioned agreements shall be bound to grant freedom
from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and
which, by reason of their weight or any other cause, cannot be sent through the
post office, shall be borne by the Detaining Power in all the territories under
its control. Other Powers which are Parties to the present Convention shall
bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by
the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the
charges for telegrams sent by internees, or addressed to them.
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.
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.
Art. 113. The Detaining Powers shall provide all reasonable execution
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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 cases 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.
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.
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.
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.
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.
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.
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.
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 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
Art. 129. The wills of internees shall be received for safe-keeping by the
responsible authorities; and if 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.
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 safe-keeping by the detaining
authorities and shall be transferred as soon as possible to the next of kin on
their request.
As soon as circumstances permit, and not later than the close of hostilities,
the Detaining Power shall forward lists of graves of deceased internees to the
Powers on whom deceased internees depended, through the Information Bureaux
provided for in Article 136. Such lists shall include all particulars necessary
for the identification of the deceased internees, as well as the exact location
of their graves.
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.
Chapter XIII. 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.
Art. 133. Internment shall cease as soon as possible after the clos